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Home My WebLink About2007/07/17 Agenda Packet (2) Please join Mayor Cheryl Cox and the Chula Vista City Council at the ~JL cCtu Vi6U/s Ced~2011 "JJ v, Patty Davis, Honorary Chair Tour the home of Chula Vista's founder, Col. William Dickinson 1433 E 24th Street, National City atthe uillmd& r J{{J-M& rvu/1Cb CretVtu so-ad' Saturday, August 18, 2007, 2 - 5 pm Tickets are limited to 200 visitors and will not be available at the door. Wear comfortable shoes: three flights of stairs! Colonel William Dickinson's l8-room Queen Anne home was designed by the architect of the Hotel del Coronado. Col. Dickinson managed the real estate arm of the California Southern Railroad. As a planner for Santa Fe Railway, he developed the new community of Chula Vista. Chula Vista's first tract was subdivided into five-acre lots, which initially were sold for $1,500 per lot. Promotional materials boasted of "streets 80 feet in width running each way, the steam motor road passing through the center." Each purchaser was required to build a home within six months on the parcel. Your ticket includes lemonade and Niederfrank's Ice Cream. Learn about one of the area's earliest farms, built around 1 900-the Stein Farm. Please use this envelope to order your tickets. %1 Please send me (#) tickets. I have enclosed a check in the amount of $ ($25 per ticket) payable to the Heritage Museum Society. The Society is a SOl (c) 3 organization. Stfrrt/. I am unable to join the tour but would like to help with the enclosed contribution of $ J payable to the Heritage Museum Society. Proceeds from ticket sales will be used to assist in funding a survey of Chula Vista's historic buildings. ~ jP) lm;;V /]/-(} /}}{J~S' J.~ \ Ultimate Open House and Ice Cream Social Heritage Museum Society Attn: Jill Galvez 7 Cresta Wy Chula Vista, CA 91910 . I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office 01 the City Clerk and that I posted this ~\ Vt- ent on the bulletin boar according t~~~ _ rlN ire enta. .~~___~ 'II '1 - - - - ,/3 ~ Signed ellY OF LA VISTA Cheryl Cox, M~yor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R, Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Council member JOINT MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA July 17, 2007 6:00P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Marissa Flores, Human Relations Commission Rufino "Pie" Roque, International Friendship Commission · INTRODUCTION OF OFFICER JOHNATHAN DEERING BY POLICE CHIEF EMERSON CITY COUNCIL CONSENT CALENDAR (Items I through 10) 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. 1. APPROVAL OF MINUTES of the May 15, 2007 Special Meeting of the City Council, the May 15,2007 Regular Meeting of the City Council, and the May 15, 2007 Adjourned Regular Meeting of the City Council and Special Meeting of the Redevelopment Agency. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Tiffany Vinson, member of the Cultural Arts Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MASTER COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR THE INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5-YEAR TERMS, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the Master Communications Site License (MLA) Agreement would establish an MLA between the City and the New Cingular Wireless PCS, LLC for the installation of as many as 25 wireless telephone facilities on property owned or controlled by the City. The agreement includes mutually beneficial and agreed upon terms that are consistent with those provided by other wireless carriers. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PLAN AND SCHEDULE FOR THE PREPARATION OF A SEWER SYSTEM MANAGEMENT PLAN FOR THE CITY OF CHULA VISTA IN ACCORDANCE WITH THE STATE WATER RESOURCES CONTROL BOARD W ASTEW ATER DISCHARGE REQUIREMENTS ORDER #2006-0003-DWQ The State Water Resources Control Board adopted new Wastewater Discharge Requirements in May of 2006. The order mandated that all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly-owned treatment facility in the State of California, develop and implement a system-specific Sewer System Management Plan (SSMP). Further clarification of the terms now require all agencies to obtain their governing board's approval of the SSMP Development Plan and Schedule and final SSMP prior to certification as complete and in compliance. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 2 - Council/Housing Authority Agenda htto:/lwww.chulavistaca.gov July 17, 2007 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REFUND OF $1.8 MILLION IN THE FORM OF TOLL CREDITS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001, ON A PRORATED BASIS TO THE CURRENT RECORD OWNERS OF PROPERTY FROM WHICH THE INTERIM SR-125 DEVELOPMENT IMPACT FEES WERE COLLECTED B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TRANSFER OF $1.8 MILLION FROM THE TRANSPORTATION DEVELOPMENT IMP ACT FEE FUND (TDIF) TO AN INTEREST EARNING DEPOSIT ACCOUNT TITLED - SRI25 DIF REFUNDS, AND ALLOW FOR THE EXPENDITURE OF THE FUNDS IN A MANNER CONSISTENT WITH THE RESOLUTION (4/5THS VOTE REQUIRED) California Govemment Code Section 66001(e) provides that excess development impact fees collected shall be refunded to the then current record owner of the lots or units, as identified on the last equalized assessment roll on a prorated basis with any interest accrued thereon. Staff has identified fees in an amount of $1.8 million of combined principal and interest that remain after project allocations, and are requesting the City Council consider the method ofrefunding the excess development impact fees, determine whether the method of refunding the fees recommended by staff is reasonable, and authorize the City Finance Department to allocate and disburse the fees accordingly. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT POWERS AUTHORITY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO FINALIZE THE TERMS OF THE JPA AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATER JPA ADDING CHULA VISTA AS A PARTICIPATING AGENCY; APPOINTING THE MAYOR TO THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; APPOINTING COUNCILMEMBER CASTANEDA AS THE ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; AND APPOINTING THE CITY MANAGER OR DESIGNEE AS THE SECOND ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO W ASTEW ATER JP A Currently, the City of Chula Vista holds membership alongside 14 other Participating Agencies in the Metro Commission as part of an agreement with the City of San Diego to give members a means of providing input on discussions related to the operation and maintenance of the Metropolitan Sewerage System. In 2000, some of the members elected to form a Joint Powers Authority (JPA) to enable them to have an alternative financing mechanism to fund their cost of the Metro expenditures should a situation arise in which San Diego was unable to secure financing for both the members and the City of San Diego. At that time, the City of Chula Vista elected not to join the JPA, but for various reasons, staff is now recommending that the City Council reconsider and join the JP A. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council/Housing Authority Agenda htlP://www.chulavistaca.gov July ]7, 2007 7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/2008 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,07-1, 08-1, 08-M, 09-M, ll-M, 12-1, 12- M, 13-1, AND 13-M, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/2008 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M, AND DELEGATING TO THE CITY MANAGER, THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING $432,486 FROM COMMUNITY FACILITIES DISTRICT 12-M FUNDS (4/5THS VOTE REQUIRED) Twenty-one Community Facilities Districts (CFDs) were formed during Fiscal years 1998 through 2006. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas and maintenance of other public facilities, or to repay bondholders. Adoption of the resolutions authorize the levy of maximum special taxes. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. 8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST AVENUE (NAPLES STREET TO PALOMAR STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE INSTALLATION OF CERTAIN IMPROVEMENTS ON FIRST AVENUE (NAPLES STREET TO PALOMAR STREET), APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEDURES Residential properties along First Avenue, between Naples Street and Palomar Street, are currently without curbs, gutters, or sidewalks. Fifty of the fifty-nine property owners have signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Staff has completed preliminary design and cost estimates for this project. (General Services Director) Staff recommendation: Council adopt the resolutions. Page 4 - CounciVHousing Authority Agenda htto://www.chulavistaca.gov July 17, 2007 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MEMORANDUM OF UNDERSTANDING The City Council approved a Memorandum of Understanding (MOU) regarding compliance with the National Pollutant Discharge Elimination System (NPDES) regulations in January 2002. The MOU was entered into to implement regional activities required by the NPDES Municipal Storm Water Permit issued by the Regional Water Quality Control Board (RWQCB) in February of 2001. On January 24, 2007, the RWQCB reissued the permit to incorporate additional requirements. Adoption of the resolution approves the First Amendment to the MOU to address the requirements of the re-issued permit. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INCORPORATED FOR TURN- KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES In April 2007, the City released a Request for Proposal to provide Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Management Services. The Evaluation Committee selected Clean Harbors Environmental Services, Incorporated as the responsive bidder for a two-year contract, with three, one-year extensions. (General Services Director) Staff recommendation: Council adopt the resolution. HOUSING AUTHORITY CONSENT CALENDAR (Item 11) The Housing Authority will enact the Consent Calendar staff recommendations by one motion, without discussion, unless an Authority Member, 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 Calendars. 11. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE LANDINGS AFFORDABLE APARTMENTS Page 5 - Council/Housing Authority Agenda htto://www.chulavistaca.gov July 17, 2007 The City of Chula Vista has received a request from Chelsea Investment Corporation to consider the issuance of tax-exempt obligations to develop 92 affordable units, known as "The Landings". The Developer is in the process of preparing an application for an allocation of tax credits and private activity bonds for multi-family projects from the California Debt Limit Allocation Committee, and is requesting that the Chula Vista Housing Authority be the vehicle for applying for an aggregate amount not to exceed $17.5 million. At this time, it is requested that the Housing Authority adopt a resolution expressing its preliminary intention to issue bonds. (Acting Community Development Director) Staff recommendation: Authority Members adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDARS 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. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERATION OF APPROVAL FOR THE FIRE PREVENTION FEE AMENDMENTS The Fire Department has completed a review of its current fee structure and is recommending changes to the Master Fee Schedule. The proposed changes include both updates to existing fees and the implementation of new fees. Fees were previously updated in August of2004. Adoption of the resolution approves the proposed fees, based upon full cost recovery, through an amendment of the City's Master Fee Schedule. (Fire Chief) Staff recommendation: Council cancel the public hearing. 13. CONSIDERATION OF APPLICATION PCS 05-06 FOR THE PROPOSED CONVERSION OF AN EXISTING 124-UNIT APARTMENT COMPLEX TO 124 CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 307 ORANGE AVENUE - WGA ORANGE AVENUE, L.P. The applicant proposes to convert an existing one hundred twenty-four unit apartment complex into one hundred twenty-four condominium units. (planning and Building Director) Page 6 - CouncillHousing Authority Agenda htto:/lwww.chulavistaca.gov July 17, 2007 Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO DIVIDE INTEREST IN 3.48 ACRES AT 307 ORANGE AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 124 RESIDENTIAL UNITS, AND APPROVING CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE REDUCTION IN CERTAIN DEVELOPMENT STANDARDS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY AND WGA ORANGE, L.P., ESTABLISHING CONDITIONS OF 41 AFFORDABLE UNITS FOR MODERATE INCOME HOUSEHOLDS AT 307 ORANGE AVENUE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT 14. CONSIDERATION OF APPLICATIONS FILED BY ST. ROSE OF LIMA CATHOLIC PARISH FOR 3.9 ACRES LOCATED AT THE NORTHEAST CORNER OF THIRD AVENUE AND H STREET TO MODIFY ZONING TO ESTABLISH A PRECISE PLAN FOR THE UNDERLYING APARTMENT RESIDENTIAL ZONE, AND PRECISE PLAN STANDARDS FOR THE PROPERTY AND CONDITIONAL USE PERMIT FOR THE RENOVATION AND EXPANSION OF AN EXISTING CHURCH CAMPUS The applicant is requesting a phased renovation and expansion of the church campus in order to upgrade the existing facilities and provide for anticipated growth. The request includes a Zoning Modification to allow the establishment of a Precise Plan ModifYing District and special development standards for the unique landmark quality urban setting of this project, and a Conditional Use Permit to allow for the proposed church renovation. (planning and Building Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IS-06-013, AMENDING ZONING MAP OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR 3.9 ACRES AT THE NORTHEAST CORNER OF THIRD AVENUE AND "H" STREET, CURRENTLY ZONED R-3 APARTMENT RESIDENTIAL (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT TO ALLOW THE RENOVATION AND EXPANSION OF AN EXISTING CHURCH/SCHOOL FACILITY KNOWN AS ST. ROSE OF LIMA CATHOLIC PARISH, LOCATED AT THE NORTHEAST CORNER OF THIRD AVENUE AND "H" STREET Page 7 - Council/Housing Authority Agenda htto:llwww.chulavistaca.gov July 17, 2007 15. CONSIDERATION OF THE ESTABLISHMENT OF AN ABANDONED RESIDENTIAL PROPERTY REGISTRATION PROGRAM AND FEE IN THE MASTER FEE SCHEDULE TO COVER THE COST OF ADMINISTERING SUCH A PROGRAM Adoption of an abandoned residential property registration program is a means of ensuring that residential neighborhoods are spared the negative impacts associated with abandoned residential properties. The proposed ordinance requires lenders who own or are responsible for abandoned homes in Chula Vista to pay a fee to register those homes with the City's Code Enforcement Section and to retain the services of a local property management company. Registration would facilitate periodic monitoring by Code Enforcement staff and provide a mechanism for staff and neighbors to alert the local property management company of the need to take action to maintain the property. A fee of $70 per property would be charged as a means of recovering the cost of administering the program. (Planning and Building Director) Staff recommendation: Council conduct the public hearing, adopt the following resolution, and place the ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE B. ORDINANCE OF THE CITY OF CHULA VISTA REQUIRING THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES (FIRST READING) OTHER BUSINESS 16. CITY MANAGER'S REPORTS 17. MAYOR'S REPORTS A. Consideration of ratification of the appointment of Maria Zadorozny to the Human Relations Commission. B. Consideration of the reappointment of Cesar Padilla to the Mobilehome Rent Review Commission. 18. 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 8 - CouncillHousing Authority Agenda htto:/lwww.chulavistaca.gov July 17, 2007 ] 9. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two Cases ADJOURNMENT by the City Council to the Special Meeting of the City Council, July 24, 2007 at 6:00 p.m. in the Council Chambers, and the Housing Authority until further notice. 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 five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 9 - Council/Housing Authority Agenda http://www.chulavistaca.gov July 17, 2007 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 15, 2007 5:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: McCann, Ramirez, Rindone (arrived at 5:05 p.m.), and Mayor Cox ABSENT: Councilmembers: Castaneda CLOSED SESSION At 5 :04 p.m., Mayor Cox convened closed session. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case ACTION: City Attorney Moore stated that the Council voted 4-0 with Councilmember Castaneda absent, to authorize the filing of a writ of mandate action on behalf of the City Council in superior court regarding the sufficiency of the publication of the petition notice pertaining to the initiative petition on allowable building height limits. 2. CONFERENCE WITH LEGAL CONFERENCE REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b ) One Case No reportable action was taken on this item. ADJOURNMENT At 6:02 p.m., Mayor Cox adjourned the meeting to the regular meeting of May 15,2007 at 6:00 p.m. in the Council Chambers. ge,i', CkA J ~ o Anne Peoples, MMC, Se .or Deputy City Clerk 1/1- DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 15, 2007 6:00P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO AQUATICS SUPERVISOR Ill, MANUEL GONZALEZ, DECLARING THE MONTH OF MAY 2007 AS NATIONAL AQUATIC MONTH IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Manuel Gonzalez and Recreation Director Buck Martin. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LUPITA JIMENEZ FOR HER YEARS OF EXEMPLARY SERVICE TO THE CHULA VISTA COMMUNITY Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Ms. Jimenez. . PRESENTATION BY PATTY CRA VEZ AND KATHY LEMBO FROM SOUTH BAY COMMUNITY SERVICES OF THE "FIRST 5 SAN DIEGO" PROGRAM REGARDING FREE HEALTH CARE SERVICES FOR SOUTH BAY RESIDENTS South Bay Community Services representatives Patty Chavez and Joanne Leone provided an overview of "Baby First" and "Child Ready, School Ready," two of the "First 5 San Diego" health programs that are free to south county residents. . DID YOU KNOW...THAT THE MONTH OF MAY IS PEACE OFFICER MEMORIAL MONTH? Presented by Captain Don Hunter Police Chief Emerson, assisted by Administrative Services Manager Chew, provided an overview of activities held during Peace Officer Memorial Month. IIJ-I DRAFT CONSENT CALENDAR (Items 1 through 11) Mayor Cox stated that Item 4 would be removed for discussion and that the City Attorney asked that Item 9 be removed from the agenda until further notice. Deputy Mayor Rindone and Councilmember McCann stated they would abstain from voting on Item 8 due to the proximity of their properties to the subject site. With regard to Item 10, Deputy Mayor Rindone requested that Communications Manager Camavale keep the Council informed of the status of the petition submitted to the state regarding un-funded mandates and how to address them. 1. APPROVAL OF MINUTES of the Regular Meeting of April 3, 2007, the Special Meetings of April 3, 5 and 12, 2007, and the Adjourned Regular Meeting of April 5, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION - Letter of resignation from Perny Cosca-Reese, member of the Human Relations Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3069, ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020, PERTAINING TO THE RECREATION DEPARTMENT, AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT (SECOND READING) Adoption of the ordinance establishes the Recreation Department and Library Department as two separate departments and assigns duties and responsibilities to their Directors. First reading of the ordinance was held on May 1,2007. (City Clerk) Staff recommendation: Council adopt the ordinance. 4. Item 4 was removed for discussion. 5. ORDINANCE NO. 3072, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE ADDING TO CHAPTER 5.44.010 PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES (SECOND READING) An inconsistency exists between Municipal Code Chapter 5.44.010, which states that it is unlawful to hold races on a race track for vehicles propelled by internal combustion engines, and Chapter 19.54.020.1.7, which provides that establishments or enterprises involving large assemblages of people or automobiles, such as race tracks and rodeos, defined as amusement and entertainment facilities, may be permitted through a conditional use permit. Amending Chapter 5.44.010 to add a final sentence stating an exception for races on a racetrack with the approval of a conditional use permit would correct the inconsistency. First reading of the ordinance was held on May 1, 2007. (planning and Building Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Mioutes htto:! !www.chillavistaca. gOV May 15, 2007 /~-A DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2007-109, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY CLERK TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF STATE, BUREAU OF CONSULAR AFFAIRS, TO DESIGNATE THE CITY CLERK'S OFFICE AS A PASSPORT ACCEPTANCE FACILITY The City Clerk's office has an opportunity to enhance customer service to the citizens, promote public relations, and generate revenue for the general fund by offering passport application services. The proposal is to provide customers with a one-stop operation, including photographs and mailing services. (City Clerk) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-110, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES CONSTRUCTED IN BIRCH ROAD WITHIN THE SR-125 RIGHT-OF- WAY McMillin Land Development has submitted a payment request for reimbursement in the form of transportation development impact fee (TDIF) credits for the construction of storm drain facilities in Birch Road within the SR-125 right-of-way. The change order total of $302,206.19 is above the $50,000 limit, and therefore requires Council approval. Adoption of the resolution approves the TDIF change order for the construction of the storm drain facilities and the reimbursement to McMillin in the form of TDIF credits. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FIVE-YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2006-2007 THROUGH 2010-2011 FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM The San Diego Association of Governments has requested local agencies to submit requests for amendments to existing projects included in the current Regional Transportation Improvement Program. Since the proposed capital improvement program for Fiscal Years 2007-2008 and 2008-2009 and adopted pavement rehabilitation budget involve a different allocation of funding than originally adopted on June 6, 2006, the City is required to submit an amendment to use the Transnet funds for these purposes. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes htto:.//www.chulavistaca.gov May 15, 2007 /tE-:3 DRAFT CONSENT CALENDAR (continued) 9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FRAMEWORK FOR AN SR-125 TOLL REDUCTION INCENTNE PROGRAM, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE AN AGREEMENT WITH SOUTH BAY EXPRESSWAY BASED ON THIS FRAMEWORK, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED "SR-125 TOLL REDUCTION INCENTIVE PROGRAM" (STM365), AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND THEREFOR (4/5THS VOTE REQUIRED) In May 2005, the Council approved adding a transportation demand management project to the transportation development impact fee (TDIF) program. The project included funding allocations for two specific transportation demand management programs to alleviate congestion by encouraging alternative modes of travel during the peak commuting hours. For Council consideration is the framework for a $2.2 million proposed toll incentive program for SR-125/South Bay Expressway, utilizing $1.8 million in previously allocated TDIF funds and $400,000 in toll credits from the South Bay Expressway. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2007-112, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 BUDGET BY APPROPRIATING $620,000 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITY DEVELOPMENT IMPACT FEE (PFDIF) FUND BALANCE AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $620,000 FOR TWO DRAIN CLEANING TRUCKS TO mON INTERNATIONAL TRUCKS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-05-Z AND PRICING AGREEMENT 8070191-0 (4/5THS VOTE REQUIRED) In January 2007, the San Diego Regional Water Quality Control Board adopted the new National Pollutant Discharge Elimination System (NPDES) permit. The new permit includes many new and expanded tasks at jurisdictional, watershed, and regional levels compared to the previous permit. In order to meet the new permit compliance deadlines, it is necessary to order two vacuum-type storm drain cleaning trucks at this time. (Public Works Operations Director) Staff recommendation: Council adopt the resolution Page 4 - Council Minutes htto:!!www.chulavistaca.gov May 15, 2007 //3-,,/ .. ... . DRAFT CONSENT CALENDAR (continued) 11. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.66.040 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW THE PERMITTING OF ALCOHOL DURING FACILITY RENTALS AT SALT CREEK, MONTEVALLE AND VETERANS RECREATION CENTERS AND AMENDING SECTION 2.66.015 (A) TO REDEFINE THE TERM ALCOHOLIC BEVERAGE TO INCLUDE BEER, WINE AND CHAMP AGNE ONLY (FIRST READING) The Recreation Department proposes to allow the permitting of alcohol under strict standards of issuance during facility rentals at Salt Creek, Montevalle and Veterans Recreation Centers. Adoption of the ordinance revises the Municipal Code sections that relate to alcohol at recreation centers in order to add the three centers to the current list of authorized facilities and to limit alcohol to beer, wine and champagne. New permitting standards and fees are also proposed as part of this staff recommendation. (Recreation Director) Staff recommendation: Council hold fIrst reading of the ordinance. ACTION: Deputy Mayor Rindone moved to adopt staffs recommendations and approve Items 1-3, 5-8, and 9-11, headings read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0 except for Item 8, which carried 3-0-2 with Deputy Mayor Rindone and Councilmember McCann abstaining. Item 12 was taken out of order and actually heard at this time. ITEMS REMOVED FROM THE CONSENT CALENDAR 4 A. ORDINANCE NO. 3070, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE URBAN CORE SPECIFIC PLAN (pCM-07-0l) AND RELATED REZONINGS TO IMPLEMENT THE 2005 GENERAL PLAN (SECOND READING) B. ORDINANCE NO. 3071, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I REDEVELOPMENT PLAN THROUGH THE ADOPTION OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN (SECOND READING) Adoption of the ordinances approves the Urban Core SpecifIc Plan (PCM-07-0l) and related rezonings to implement the 2005 General Plan, and amends the Town Centre I redevelopment plan through adoption of the 2007 amendment to the redevelopment plan. First reading of these ordinances was held on April 26, 2007. (Acting Community Development Director) Jack Blakely, representing the Third Avenue Village Association, comprised of property owners and business owners on Third Avenue, spoke in support of the adoption of the ordinances and encouraged the Council to move forward and instruct staff to bring back a report on the suggestions to have retail located in the V-I area and the narrowing of Third Avenue south ofF Street. Page 5 - Council Minutes httn:/lwww.chulavistaca.gov /tE~5 May IS, 2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Lisa Cohen, Chula Vista resident and CEO of the Chula Vista Chamber of Commerce, representing over 1,000 businesses and their 30,000 employees, spoke in support of the adoption of the ordinances. Charles Moore, Chula Vista resident and President of the Chula Vista Chamber of Commerce, echoed the prior speakers in support of the adoption of the ordinances. Emilie Stone, San Diego resident, thanked the Council for their recommendation to work with staff, and requested continued support in reviewing the flexibility in the 500-foot exclusion for her property located at the comer ofH and Broadway. Peter Watry, Chula Vista resident and representing Crossroads II, stated that his organization supported the passage of the Urban Core Specific Plan with one exception, the exception clause, which he believed was too broad and general and in need of amendment. Theresa Acerro, Chula Vista resident, read from a letter sent to the City by Caltrans in response to the draft environmental impact report for the Urban Core Specific Plan. ACTION: Councilmember McCann moved to adopt Ordinance Nos. 3070 and 3071, headings read, text waived. Mayor Cox seconded the motion, and it carried 3-1-1, with Councilmember Ramirez voting no and Councilmember Castaneda absent from the dais. Councilmember Ramirez asked staff to include in the report back to Council under what conditions exceptions could be granted, what those conditions could be, and the various elements needed to be provided in order for exemptions to be granted. Councilmember Ramirez moved to have staff bring back the report in 90 days. The motion died for lack of a second. Councilmember Ramirez asked staff to provide additional information regarding how parks and park fees are dealt with in Western Chula Vista, including why the fees were calculated the way they were, and how the ratio of acres to population was arrived at and why. Councilmember Ramirez moved to have staff bring back a report in 90 days to address his concerns on parks. The motion died for lack of a second. Mayor Cox suggested staff bring back changes that have appropriate backing sooner rather than later. Deputy Mayor Rindone confirmed that staff would include in the report his prior referral to review floor area ratio. Page 6 - Council Minutes htto:/lwww.chulavistaca.gov /.t5-~ May 15, 2007 .:.".' DRAFT PUBLIC COMMENTS Peter Watry, Chula Vista resident and representing Crossroads II, stated that his organization did not believe the Community Development Department staff could be neutral and objective when reviewing projects that would affect neighborhoods. Parks Pemberton, Chula Vista resident, spoke regarding the need for the City to help the poor transition to new living situations so that redevelopment could continue. Mayor Cox asked Mr. Pemberton for contact information so that staff could arrange a meeting to let him know about projects in the works to assist people. Theresa Acerro, Chula Vista resident, spoke regarding infrastructure needs and costs, stating that they should be a priority. Lisa Cohen, Chula Vista resident and CEO of the Chula Vista Chamber of Commerce, commended and thanked the Council for pursuing declaratory relief from the court regarding the publication of the public notice pertaining to the initiative petition on allowable building height limits. ACTION ITEMS 12. REPORT ON INITIATIVE PETITION REGARDING ALLOW ABLE BUILDING HEIGHT LIMITS On April 17, 2007, the City Council referred the Initiative Petition Regarding Allowable Building Height Limits to staff for review and analysis, pursuant to Elections Code Section 9215. The report documented staff's analysis. (Planning and Building Director) Staff recommendation: Council accept the report and select one of the following options, pursuant to Elections Code Section 9215: A. Direct staff to place the ordinance, as proposed by the proponents, without alteration, on a Council Agenda for adoption within ten days; or B. Direct staff to prepare a resolution for Council adoption, placing the ordinance on the ballot at the next regular municipal election (June 3, 2008). Item 12 was actually heard earlier in the meeting, prior to the items removed from the Consent Calendar. Councilmember Castaneda stated that because the report referenced specific properties in close proximity to those in which he had a potential interest, he would abstain from discussing and voting on this item out of an abundance of caution. He then left the Council Chambers. Page 7 - Council Minutes htto://www".chula vistaca. gOY /~-7 May 15, 2007 DRAFT ACTION ITEMS (Continued) City Attorney Moore stated that a question had been raised regarding the method of publication for the citizen initiative petition regarding allowable building heights. City Charter Section 903 incorporates the provisions of the California Elections Code as they relate to initiative powers. Election Code Section 9205 requires that the notice of intention and title and summary of a proposed initiative shall be published in a newspaper of general circulation, adjudicated as such in the City. The notice of intention, title and summary of the building heights initiative was published in La Prensa, which is adjudicated for the City of San Diego and the County of San Diego, but not for the City ofChula Vista. The City Attorney's office retained James Lough of McDougal, Love, Eckis, Smith and Boehmer to advise the City on the matter. Mr. Lough is a recognized expert in the field of election law. Attorney James Lough stated that case law indicated that there was strong public policy requiring publication to inform the public of the contents of an initiative, and that the public policy is rarely overturned. The question in this case would be whether or not that strong public policy is outweighed by other issues, such as substantial compliance with the law or issues of estoppal where wrongful advice has been given. The Council met earlier in closed session and authorized an action to be filed to clarify the issue of whether or not the initiative is void due to publication failure. The authorization included having a writ of mandate filed in Superior Court asking a judge to tell the City what to do. The Council instructed legal counsel to present all arguments, pro and con, so as to not take a position and to make sure that the judge is fully informed of all the facts and circumstances involving the case. The Council asked that equitable principles be discussed also. Mayor Cox clarified that the Council's closed session action included the recommendation that the pursuit of the writ would be conducted in court in open session, open to the public, so that objective testimony could be presented. Attorney Lough stated that the goal was to have everyone involved early in the process to flush out all issues in public. He then provided an overview of how the process would work and how the judge would set the briefing schedule and deadlines to be met. Further, he believed there was sufficient time for the courts to review this fairly simple case, and to meet the election deadlines if the courts approved the initiative going forward. City Attorney Moore suggested that the Council take no action on the staff report pending the outcome of the court hearing. She also reported that the Council voted 4-0 in closed session to bring the matter forward to the courts. Mayor Cox stated that those wishing to speak to Item 12 would still be able to comment under the Public Comments portion of the agenda. The Council took no action on the staff report. 13. CONSIDERATION OF ADOPTION OF RESOLUTIONS ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL SEASONS PARK", APPROVING A DESIGN BUILD AGREEMENT, AND APPROPRIATING FUNDS THEREFOR Page 8 - Council Minutes htto:i Iwww.chulavistaca.gov /6-8 May 15, 2007 DRAFT ACTION ITEMS (Continued) In 2006, the Council approved the master plan for All Seasons Park, which conceptually designed and provided for the construction of a completed and fully functional 7.6-acre park. Adoption of the resolutions establishes the capital improvement proj ect; and awards Erickson-Hall Construction Company a design build agreement for the provision of services required to design and construct the park, and appropriates funds that will enable the design phase of the project to commence. (General Services Director) ACTION: Councilmember McCann moved to adopt Resolution Nos. 2007-113 and 2007- 114, headings read, texts waived: A. RESOLUTION NO. 2007-113, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL SEASONS PARK (PR279)", AND AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2007-114, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF ALL SEASONS PARK, LOCATED IN OTAY RANCH VILLAGE SEVEN NEIGHBORHOOD OF THE CITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Councilmember Ramirez seconded the motion, and it carried 5-0. Deputy Mayor Rindone stated that one year was too long from when the commission approved the proj ect for it to reach the Council. He requested that staff review the process. 14. CONSIDERATION OF ASSESSMENT OF CNIC ENGAGEMENT IN CHULA VISTA BY THE INSTITUTE FOR LOCAL GOVERNMENT The Institute of Local Government has completed its report assessing civic engagement in Chula Vista and made 46 recommendations for enhancing current practices and including the public in matters of governance. (Planning and Building Director) Acting Assistant City Manager/City Engineer Tulloch introduced the item. Real Property Manager Ryals provided an overview of the process and report. Development Planning Improvement Manager Lytle provided an overview of the consultant's recommendations. Deputy Mayor Rindone expressed disappointment with the report and suggested that the proposed subcommittee select a workable number of recommendations on which to focus. He then recommended that the subcommittee be comprised of Mayor Cox and Councilmember Ramirez. ACTION: Deputy Mayor Rindone moved to appoint Mayor Cox and Councilmember Ramirez to the subcommittee. Councilmember McCann seconded the motion, and it carried 5-0. Page 9 - Council Minutes htto://www.chulavistaca.goy //.!r7 May 15, 2007 DRAFT OTHER BUSINESS 15. CITY MANAGER'S REPORTS Interim City Manager Thomson recommended that the final budget workshop be held on June 7 at the Public Works Operations Center. 16. MAYOR'S REPORTS Mayor Cox stated that she had heard back from all but Councilmember Castaneda that the dates of Wednesday, July 11th, Saturday morning, July 14th in the morning, and Monday, July 23rd were good for holding interviews for the Chula Vista Redevelopment Corporation. She asked Councilmembers to block those dates on their calendars. 17. COUNCIL COMMENTS Deputy Mayor Rindone stated that he presided over the seventh anniversary celebration for the Veteran's Home, and he commended the organizers and congratulated the veterans. Further, he stated that he presented a proclamation and plaque on behalf of the Mayor and Council to Mike Maslak, who had served as auditor for the past seven years and recently retired. Deputy Mayor Rindone then asked staff to expedite the appeal of the bank/deli in the Eastlake Design Center to the Planning Commission. Councilmember McCann thanked the Police Department reserves and mounted patrol for their service to the citizens of Chula Vista, stating that he attended their dinner and awards ceremony. Additionally, he congratulated the Veterans Home on its anniversary. He then reminded everyone of the May 21 workshop in the Council Chambers on the Cummings Initiative, where he, Councilmember Ramirez and staff would take input from the community. He wished his mother, and all other mothers in Chula Vista, a belated Happy Mother's Day. Councilmember Castaneda stated he had attended the Police memorial, and he thanked the members of law enforcement for their dedication to the protection of the community. He then announced that the California Center for Sustainable Energy would be holding an event May 17 through May 28 at the Automotive Museum in Balboa Park, where there would be clean and efficient vehicles available for public viewing and purchase. For additional information, interested persons could check out the website at www.sdenergv.org. Deputy Mayor Rindone thanked his colleagues for their birthday wishes and musical birthday card. At 8:17 p.m. Mayor Cox recessed the meeting. At 8:25 p.m. Mayor Cox reconvened the meeting with everyone present. CLOSED SESSION The Council convened in closed session at 8:47 p.m. Page 10 - Council Minutes htto:/lwww.chulavistaca.e:ov /6 -/0 May 15, 2007 -~._.. ...,...:...... ~.,,-. DRAFT CLOSED SESSION (Continued) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case This item was heard during the special meeting closed session held prior to the regular Council meeting. 19. CONFERENCE WITH LEGAL CONFERENCE REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three Cases One case was heard during the special meeting closed session held prior to the regular Council meeting. The two remaining cases were discussed, and there was no reportable action on either case. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Gerardo Fuentes v. Citv ofChula Vista, San Diego Superior Court Case No. GIS 21769 No reportable action was taken on this item. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Josefina Ouinones v. Citv of Chula Vis!!!, San Diego Superior Court Case No. GIS 27267 No reportable action was taken on this item. 22. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Deputy City Attorney II The Council ratified the appointment of David Miller as Deputy City Attorney II. ADJOURNMENT At 10:05 p.m., Mayor Cox adjourned the meeting to a Regular Meeting on May 22, 2007 at 6:00 p.m. in the Council Chambers. Page 11 - Council Minutes ht1;p:1 /www.chulavistaca.gov /6 -// May 15, 2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 15, 2007 6:00p.m. An Adjourned Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 8:12 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council! Agency Members: Castaneda, McCann, Ramirez, Rindone, and Mayor/Chair Cox ABSENT: Council! Agency Members: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PUBLIC COMMENTS There were none. ACTION ITEMS Council! Agency Member Castaneda stated that his residence was within the boundaries of the Town Centre I redevelopment area, which was part of the funding mechanism for the proposed project. Therefore, out of an abundance of caution, he would abstain from discussion and voting on this item until he received final word from the Fair Political Practices Commission as to whether or not a conflict existed. He then left the Council Chambers. 1. CITY COUNCIL RESOLUTION NO. 2007-115 AND REDEVELOPMENT AGENCY RESOLUTION NO. 2007-1974, JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AMENDMENT NO. 1 TO THE LETTER OF INTENT BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, THE UNIFIED PORT DISTRICT OF SAN DIEGO, AND GAYLORD ENTERTAINMENT COMPANY EXTENDING THE TERM SIX MONTHS TO NOVEMBER 30, 2007 AND ALLOWING FOR AN ADDITIONAL 90-DA Y EXTENSION OF THE TERM IF NEEDED AFTER NOVEMBER 30, 2007 BY MUTUAL AGREEMENT OF ALL PARTIES, AND AUTHORIZING THE CITY MANAGER/EXECUTIVE DIRECTOR TO SIGN AMENDMENT NO. 1 TO THE LETTER OF INTENT ON BEHALF OF THE CITY AND THE REDEVELOPMENT AGENCY The existing letter of intent describes in basic terms items to be negotiated related to the development of a Gaylord Hotel and Convention Center at the Chula Vista bayfront. The existing letter of intent term will expire on May 31, 2007. Adoption of the resolution amends the letter of intent to extend the term through November 30, 2007, with a provision allowing an additional 90-day extension of the term by mutual agreement of all parties. (Economic Development Officer) Ie, -I DRAFT ACTION ITEMS (continued) Economic Development Officer Stone provided an update on the proposed project and the reason for the extension of the letter of intent. He then provided an overview of what transpired at last Tuesday's Port Commission meeting regarding the Gaylord proposal, at which a question arose regarding the size of the proposed project. In reviewing the project background, the meeting space still remained at the original 400,000 square feet. The larger nurnber presented at the Port meeting was a composite nurnber that included pre-function space as well as meeting space. The Port took two actions on the proposal. The first was to approve the extension of the letter of intent. The second was to approve Gaylord's concept of 2,000 hotel rooms and up to 400,000 square feet of convention center. Gaylord was asked to return and clarify by next month if there were any changes or increases in the size of the convention center. Mayor/Chair Cox stated that it was critically important that the 2,000 rooms and 400,000 square- foot convention center were net useable; the community deserves this. Deputy MayorNice Chair Rindone stated that key to the Gaylord project was that it was a destination and would enhance what San Diego had to offer for the region. Lisa Cohen, CEO of the Chula Vista Chamber of Commerce and resident ofChula Vista, spoke in support of the proposed term extension. Tina Medina, General Manager of the Chula Vista Convention & Visitor's Bureau, spoke in support of the proposed term extension. ACTION: Mayor/Chair Cox moved to adopt joint City Council Resolution No. 2007-115 and Redevelopment Agency Resolution No. 2007-1974, heading read, text waived. Council! Agency Member McCann seconded the motion, and it carried 4- 0-1 with Council! Agency Member Castaneda abstaining. OTHER BUSINESS 2. CITY MANAGERlDIRECTOR'S REPORTS There were none. 3. MAYOR/CHAIR'S REPORTS There were none. 4. COUNCIL/AGENCY MEMBERS' COMMENTS There were none. ADJOURNMENT At 8:25 p.m. Mayor/Chair Cox adjourned the City Council to its Regular Meeting of May 22, 2007, at 6:00 p.m. in the Council Chambers, and the Redevelopment Agency to its Regular Meeting of May 24,2007, at 6:00 p.m. in the Council Chambers. ~,C1wu~ ~ Lori e Peoples, MMC, ~or Deputy City Clerk Page 2 - 11. Council/RDA Minutes htto:llwww.chulavistaca.gov May 15, 2007 /e-~ c:. '~mlnJ::ll.11 U[ P.l~!/\ p.Jnq:J.lo ~U"711!:> "41 OJ puu no,( 01 :>:>IAJ:>S .10 :>q OJ :>doq I 'UO!~~llUUIo:J :>JmJI1;) "il ~uv :>41 ruOJ] Ui'iI~:>J 01 q".'I\ I '.(plUTP:>UIUII :>"!I~JP 11'ql no~ lUJO]U1 01 S! S!4.l 'Jl:>unOJ pUU JO,(r.j<l[ :>lqruouoH )jJ"IJ ,(II;) "LfI]O :>':>\I.lO : NlJ,V 01616 V'') 'UISl/\ ulm!;) :>nu:>" V LfUno:l 9Li:. [1:>uno.) puu 1O.'UI.'\ :>q.LJO :>"WO LOOC:: .B~ ~nr ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF ~-<: <~ (HULA VISTA JULY 17, 2007, Item~ RESOLUTION ESTABLISHING A MASTER COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR THE INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY- OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY AFPROV ALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5-YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT DIRECTOR~RVATION & ENVIRONMENTAL SERVICES ..... ACTING ASSISTAN~~\l.1 MANAGER S7 CITY MANAGER ~ C)/ 4/5THS VOTE: YES D NO ~ SUMMARY Staff is submitting a Master Communications Site License Agreement (MLA) for the City Council's review and consideration. Adoption of the proposed resolution would establish a MLA between the City and the New Cingular Wireless PCS LLC, a Delaware Limited Liability Company (Cingular), for the installation of as many as 25 total wireless telephone facilities (WTF) on property owned or controlled by the City. The proposed MLA includes mutually beneficial and agreed upon terms that are consistent with those provided other wireless carriers including but not limited to: accommodating Cingular's requests to formally incorporate Cingular's change in name subsequent to their disengagement from Pacific Bell Wireless, LLC, and establishing a new MLA for one five year term with up to five additional five-year options that are subject to the City's review and approval. The MLA also provides an additional rent reduction incentive for a smaller site option. The City retains its preferred technical conditions and will receive an annual fee adjustment of 3% that brings the fees up to current market value and makes them comparable to other City MLA carriers. 3-1 JULY 17,2007, Item .3 Page 2 of6 BACKGROUND The City Council approved Resolution 18601 on March 18, 1997, conceptually approving the marketing of City properties for use by telecommunications companies. On November 16, 1999, the City Council approved Master License Agreements (MLA) with AT&T and Cox PCS, Assets, LLC, for installation and operation of as many as 50 wireless communication sites on property owned or controlled by the City. The City also approved an MLA with Pacific Bell Wireless, LLC for as many as 25 sites on November 5,2002, and Cricket for as many as 35 sites on March 1, 2006. In 1998, when the City began negotiations, Council originally directed staff to negotiate rates that would provide wireless carriers an incentive to come to Chula Vista. It was Council's desire at that time to see Chula Vista commercial and residential consumers have the opportunity to be early adopters of the technology and benefit from the competition of multiple carriers. Staff reached out to the industry, held workshops and invited them to the City to structure "master" agreements that would provide prompt entry at below-market rates. Nine years later, now that the technology is readily available and provides competitive options, Council has asked staff to ensure that the City is receiving market rates for its sites. Additionally, over a relatively short period of time, the technology has evolved from a unique business tool, used by a few people, primarily in commercial areas, to a common business and household convenience used almost everywhere. That has put tremendous demand on sites in predominantly residential areas with few site options. The increase in sites to cover the varied topography of a growing city increases exponentially by: 1) the limitations that each site can carry during peak periods, 2) the increased intensity of bandwidth use for items such as music, video and internet uses versus the original voice functions, and 3) the desire to accommodate more carriers with the expectation of fostering greater consumer choice, competition for price and service quality. The public demand for these services continues to grow and all of these issues place a greater demand on sites, particularly in residential neighborhoods. Federal and state law does not allow cities to deny permits based on health or solely on aesthetics issues. The Council and staff have worked with industry for many years on a "master license agreement" approach to reduce the pressure on sitting these facilities in less appropriate areas. The MLAs provide the City with an opportunity to work cooperatively with the carriers to expedite their projects, provide adequate volume and coverage needed to meet public demand, provide incentives to pursue sites that have the least impact to residents and meet the aesthetic and safety goals of the community, while capturing revenue that helps the City fund public services at no additional cost to the ratepayer. Above all, the wireless industry values rapid deployment, and works with the City to accommodate the community's objectives based predominantly on our ability to demonstrate a record of timely zoning and construction approvals that support that goal. Cingular is an existing mobile phone service provider that is seeking to expand and improve its coverage in the region and accommodate a name change. Staff has been working on establishing a new MLA with Cingular, subsequent to their disengagement 3-2 JULY 17,2007, Item ...3 Page 3 of6 from the Pacific Bell Wireless MLA and to accommodate their request for a change in name. Staff is recommending that the City execute an MLA between the City and New Cingular Wireless PCS, LCC, (Attachment 1) which outlines mutually beneficial terms based predominantly on the terms and conditions currently in place with other City MLA partners. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity, approval of a Master Licensing Agreement, 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 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, each individual wireless telecommunication facility will have environmental review once the projects are further defined and a CEQA determination will be completed prior to installation of any new facilities. RECOMMENDATION That Council adopt the resolution approving the new Master Communications Site License Agreement with Cingular for the installation and operation of as many as 25 total WTF or substantially similar facilities on property owned or controlled by the City for a period of five years, subject to all necessary approvals, with an option to extend the MLA for up to five additional five-year terms. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION MASTER LICENSE AGREEMENT: The MLA allows Cingular to install as many as 25 total WTF's on property owned andlor controlled by the City and to operate within the scope of this MLA for a period of five years. The MLA allows for as many as five additional five-year terms, each with the written request of Cingular and the subsequent written approval of the City Manager. Prior to the renewal of each five-year term, the annual license fee is subject to renegotiation to ensure that the City is receiving market value for its facilities. Cingular has completed that negotiation on what staff considers to be mutually beneficial terms. Cimrnlar's annual license fees vary based on the number of cabinets and antennae at each WTF site. The annual fee for each WTF site that includes as many as 7 equipment cabinets and 12 antennas would be adjusted as follows: 3-3 JULY 17,2007, Item...3..- Page 4 of 6 ... Maximum lO'x20' area or enclosure .. Maximum 1 Q'x 16' area or enclosure reduced ree by 25% ... Approximately 3'x3'x3' or 27 cubic reet cabinet Cingular has also agreed to make a 3% rate adjustment to bring rents inline with market rates for comparable sites in the region. The 3 % increase is reflected in the 2007 line item increases. The other line items reflect the standard 3 % annual increase. Staff has also secured a payment of approximately $107,000 that funds any Annual Fee obligations that the new Cingular's portion of rents due under the previous Pac Bell Wireless LLC agreement. Revenue from these projects has been anticipated in the 2008 budget. In some instances, Cingu1ar will require a site for antennas or cabinets only. Staff has also accommodated Cingular's request for a rent option for a smaller site configuration that they expect to use frequently. The annual license fee for those facilities will be less than a full site as identified in the table above. The MLA would also continue to include a clause that reduces these rates by as much as 40% with Cingular and other contractors if they propose projects that under ground the cabinets and pedestals or take other similar measures to reduce the impacts to land use. Council approved a similar clause in the 2002 Cingular and 2006 Cricket Licenses, and the 2006 Sprint License renewal. Cingular is required to comply with all local, state and federal applicable laws. The Schedule of Premises shall be administratively approved for each site and contain specific conditions that must be satisfied and maintained in order to use the wireless facility. The Schedule of Premises will be submitted to the Zoning Administrator and circulated to the Director of Conservation & Environmental Services and all other appropriate departments. Cingular shall continue to pay the appropriate full staff costs for processing each submittal. All of Cingular's construction, installation, maintenance and removal of the WTF facilities will be at their sole responsibility and cost. If Cingular causes any damage to the public right of way or City property, they are required to repair it promptly at their sole cost. Cingular will not be allowed to activate their site until the City signs off on final construction. The original MLA, the Schedule of Premises for each site and City Municipal Code provide for a number of risk mitigation measures for the City including: indemnity; insurance requirements; limitation on remedies available to Cingular in the event of a City breach; and reservation of the City's emergency and police powers. 3-4 JULY 17, 2007, Ite~ Page 5 of6 IMPACTS ON CITY PROPERTY: The installation will vary depending on the site Cingular needs. As mentioned, all installations will be required to receive all applicable permits and Cingular will work closely with Planning, General Services, Engineering, Conservation & Environmental Services and a representative from the host department to assure that they do not interfere with City operations or facility maintenance. The three primary types of installations are building mounted, ground mounted and light standard mounts. Building mounted installations generally involve mounting antennas on the facade or on the roof of the building, in addition to accommodating equipment cabinets on the ground or on the roof. Ground mounted applications involve construction of a "monopole" or more stealth applications where the monopole is camouflaged as an artificial pine, broadleaf or palm tree, flagpoles or complimentary structures such as clock towers or facility signs. In this case the cabinets are generally mounted on a concrete slab adjacent to the antenna structure. The largest size cabinet systems use an area of approximately 10 by 20 feet. Both applications will require some trenching and cabling. The installations will require maintenance and administration on a limited basis. All proposed facilities would be required to secure all necessary land use, building and engineering permits. Staff will encourage Cingular to take advantage of reductions in monthly site payments by undergrounding the cabinets and other structures whenever possible. FINANCIAL BENEFITS: Cingular will be compensating the City for use of each site by paying an annual license fee to the City General Fund for each system installed. Cingular's annual license fee for a typical site that includes both antennas and cabinets is approximately $26,000. The MLA authorizes as many as 25 WTF facilities by Cingular. The annual fee increases by 3% a year beginning January 2008, and is subject to renegotiation prior to the renewal of each five-year term to ensure the City is receiving market rate rent. Staff also works with Cingular and other carriers to implement basic facility improvements or enhancements at each site to help them compliment the facilities' function when the construction and demolition or site programming warrant it. For example, it is common for WTF equipment shelters to provide extra storage for Recreation or the Library, a pad for water fountains, vending machines or other amenities not currently available in that part of the facility. It is also common for light standards to be replaced or upgraded when antennae are added. These improvements are typically in addition to the lease payments. DECISION MAKER CONFLICT 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)(I) is not applicable to this decision. FISCAL IMPACT Cingular will increase the annual fee paid the City for all future sites by 3%. Staff believes that will ultimately be approximately 4 sites at the end of this year. The MLA authorizes as many as 25 WTF facilities at a yearly rate of as much as $25,706 per WTF site at the current annual rate. If Cingular were to execute all the remaining full sites 3-5 JULY 17,2007, Item~ Page 6 of6 (approximately 23) it could generate up to approximately $650,000 in revenue per year and be subject to the annual 3% increase each January. Although it is difficult to identify development trends in the rapidly changing telecommunications field, staff projects the addition of at least 2-3 sites per year for the immediate future. Staff has also secured a payment of approximately $107,000. Additionally, the City is reimbursed for staff time spent on review and approval of each site application submitted for the planning process. There will be some staff time associated with monitoring and ensuring compliance with the MLA, which is budgeted as part of the Conservation & Environmental Services Department annual responsibility. The Finance Department also plays a key role in tracking and assisting with the collection of annual license revenues. ATTACHMENTS Master Communications Site License Agreement Prepared by: Michael Meacham, Director, Conservation & Errvironmental Services 3-6 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MASTER COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR THE INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5- YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City Council approved Resolution 18601 on March 18, 1997, conceptually approving the marketing of City properties for use by telecommunications companies; and WHEREAS, on November 16, 1999, the City Council approved Master License Agreements ("MLA") with AT&T and Cox PCS, Assets, LLC, for installation and operation of as many as 50 wireless communication sites on property owned or controlled by the City; and WHEREAS, in November 5, 2002, and March 1,2006, the City also approved MLAS with Pacific Bell Wireless, LLC, for as many as 25 sites, and Cricket for as many as 35 sites, respectively; and WHEREAS, Pacific Bell recently went through a divestiture process that resulted, in part, in the formation of New Cingular Wireless PCS, LLC ("Cingular"), which now seeks to enter into an MLA with the City; and WHEREAS, staff is recommending that the City enter into a new Master Communications Site License Agreement with Cingular to install and operate up to 25 wireless telecommunication facilities or substantially similar facilities on property owned or controlled by the City for a period of up to five years, with an option to extend the agreement for up to five additional five-year terms. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby approve and authorize the Mayor to execute the Master Communications Site License Agreement with New Cingular Wireless PCS, LLC, a copy of which is attached to this Resolution. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute the Master Communications Site License Agreement with Cingular, for and on behalf of the City of Chula Vista. Presented by Approved as to form by Michael Meacham Director, Department of Conservation & Environmental Services ~\).fcA \0~lfkn , Ann Moore City Attorney J:\AlIomey\RESOIAGREEMENTSlCinJ::ular Wireless MLA_07+17-07.doc 3-7 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 ~~~~ Ann 'Moore City Attorney Dated: &\.~ \ \. ) 1.....acq Master Communications Site License Agreement between New Cingular Wireless PCS, LLC and City of Chula Vista 3-8 MASTER COMMUNICATIONS SITE LICENSE AGREEMENT THIS MASTER COMMUNICATIONS SITE LICENSE AGREEMENT ("Ucensc") dated as of , 2007 ,Effective Date"), is entered into between New Cingular Wireless PCS, LLC a Delaware Limited Liability Company ("Cingular"), and the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City") with reference to the following facts. A. Cingular wishes to attach, install, erect, operate, and maintain up to twenty-five (25) various unmanned wireless telecommunications facilities, or substantially similar facilities, on public property under the ownership and/or control of the City for purposes of providing wireless communications services. B. City is willing to allow Cingular to attach, instal~ erect, operate and maintain the Facilities subject to the terms and conditions set forth herein and in the site specific Schedule of Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. DEFINITIONS: 1.1. .. Licensed Premises or Premises: The 'City owns in fee, or controls through easement rights, certain real property located in the City of Chula Vista, California. Portions of such property shall be described in Ii Schedule (as defined below) approved by the City and attached hereto. The property described in such Schedules shall constitute and be described and collectively referred to herein as the "Licensed Premises" or "Premises." Licensed Premises shall include any appurtenant property the City owns, or controls on which Cingular installs-1ltility and transmission lines with City's prior approval pursuant to Section 2.4 below. 1.2. Schedule: Attached hereto and incorporated herein by reference shall be various Schedules of Licensed Premises (hereinafter .Schedule"). Each Schedule shall be substantially in the form attached hereto as Exhibit B and shall include the description of the specific Cingular Improvements (described below) or light standards allowed on the Licensed Premises, its configuration, and the site specific conditions necessary for approval (hereinafter .Conditions of Approval"). Both parties agree that Schedules may be added or deleted by administrative action by City from time to time subject to and in accordance with the provisions of this License, including but not limited to Section 5.3 regarding Governmental Approvals. No more than 25 Schedules may be in effect at anyone time. Both parties also agree that the City may add to, delete or modiiY the Conditions of Approval at any time during the term of this License to advance a legitimate and reasonable governmental interest. 1.3. Pre-existing CommuulcatioDs: "Pre_isting Communications" shall be defined as those communications configurations, equipment and frequencies which exist on City's property or are in use by the City within or around the City as of the Effective Date of this License or as of a Commencement Date of an applicable Schedule. 1.4. CinguJar Improvements or CinguJar's Improvements: Cingular Improvements shall be defined to be those unmanned wireless telecommunications facilities comprised of radio frequency transmitting and receiving equipment, antennas, cables, conduits, wires, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements, which are approved by the City and whicb are located or proposed to be located per this License, on Licensed Premises. A typical example of the facilities comprising the Cingular Improvements is set forth in Exhibit A. attached hereto. Cingular Improvements shall exclude light Chula Vista I Cingular Master Comm. Site License Page I of 191?;aQ2Q I 3-9 standards or poles located in City rights-of-way, whether or not said light standards or poles are installed by City or Cingular. Such excluded improvements shall be owned by City. 1.5. Commencement Date: Upon execution hereof by all parties hereto the Commencement Date of this License shall be the Effective Date. The Commencement Date of this License with respect to each individual Licensed Premise shall be as specified in each related Schedule. 2. PREMISES AND LICENSED USES 2.1. Grant of Liceuse. Subject to the following terms and conditions and each Schedule's site specific Conditions of Approval, City hereby grants to Cingular a non-exclusive license to the Premises as depicted in the Schedules attached hereto and incorporated herein from time to time. Each Schedule executed hereunder shall be substantially in the fonn of Exhibit B. 2.2. Use. The Premises may be used by Cingular solely for the transmission and reception of non- franchised wireless telecommunication signals on various frequencies and the construction, maintenance and operation of City-approved Cingular Improvements. 2.3. Pre-Coostruction; Testing. Cingular shall have the right (but not the obligation) at any time following the full execution of this License and prior to the Commencement Date under each Schedule to enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicalile) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Cingular Improvements and for the purpose of preparing for the construction of Cingular Improvements at no expense to City. During any Tests or pre-construction work, Cingular shall have the insurance coverage set forth in Section 4.4, Insurance. Cingular shall provide the City with prior notice of any proposed Tests or pre-construction work and will coordinate the scheduling of same with Cicr.-cingular, at Cingular's sole cost and expense, will restore the Premises to the same condition as existed prior to any such tests or pre-construction work by Cingular. 2.4. Installation of Cingular Improvements. 2.4.1. In General. This License grants to Cingular the right to construct, maintain and operate Cingular Improvements on the Licensed Premises subject to the terms and conditions set forth herein and those Conditions of Approval found in each Schedule. All Cinguiar construction and installation work shall be perfonned at Cingular's sole cost and expense and in a good and workmanlike manner. Title to Cingular Improvements shall be held solely by Cingular, and all Cingular Improvements shall remain the personal property of Cingular and shall not be treated as real property or become a part of any Premises even though affixed thereto. All street light standards on property owned or controlled by the City, whether installed pursuant to this License by City or Cingular, shall be owned by the City. Prior to installation and operation of each set of Cingular Improvements, Cingular must obtain any and all required federal, state and local permits required for such installation and operation. City pennits required include, without limitation, building permits and an approved Schedule. City shall exercise its best efforts to process Improvements applications within forty-five (45) days after the submittal of a completed application. In addition, all work shall be scheduled in advance and coordinated with parks operations personnel, onsite recreational staff, Public Works, Engineering or other City staff as appropriate prior to commencement of the work to minimize tile potential for conflicts with recreation and other City programs or activities occurring on the site. Cingular agrees that the site will not be activated until the City has signed off on final construction, which sign off shall not be unreasonably withheld or delayed. Absent such sign off, Cingular shall have recourse to an appcallo the City Manager. Chula Vista I Cingular Master Comm. Site J..icense Page 2of191'1:!lBCl I 3-10 ;.-'." 2.4.2. Location of CinguIar Improvements. The location of Cingular Improvements on Licensed Premises shall be subject to the Zoning Administrator's prior approval. In deciding whether to approve a location, the Zoning Administrator will take into consideration City's goal to assure that wireless telecommunication networks are completed with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communities within the City of Chuta Vista. For example, denying or conditionally approving a location to preserve and enhance the aesthetic qualities of the City ofChula Vista shall not be deemed unreasonable. City approval shall be deemed given once the Zoning Administrator has approved the Schedule of Licensed Premises with associated Conditions of Approval. If a schedule is denied, Cingular shall have recourse to appeal to the City Manager, whose decision will be final. It is understood that both parties will work together to find the optimum location for Cingular's antennas on the Licensed Premises that have the least impact to City and private properly. Cingular agrees to reimburse City for the reasonable costs, including reasonable administrative overhead, of processing the approval of each Schedule. The process for reimbursement shall be conducted in the same or similar manner as the City's processing of a non-administrative conditional use permit. 2.4.3. Utilities. Cingular shall have the right to install utilities which are necessary for the operation of Cingular Improvements, at Cingular expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power). Such utilities shall be subject to City approval and removal in the same manner as other Cingular Improvements as provided in Section 2.4.2, and 2. I 0, respectively. Cingular shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Cingular Improvements. Payment of all costs for said utilities' deactivation and removal, including any costs, which would survive the term of said License or Schedule, shall be the exclusive obligation of Cingular. Cingular Improvements shall include separate utility meters. 2.4.4. Street Light Standards. In the case of installations on street light standards or mast arms, Cingular shall comply with all applicable City regulations for the installation of streetlights. If the installation is -to be done via replacement of an existing standard and/or mast arm, said replacement shall meet the same regulations as were applied to the existing standard and/or mast ann and be completed to the satisfaction of the Zoning Administrator. Said regulations shall include, but not be limited to, the form, size, strength and construction materials specified for City street lights. Consistent with the City's lawful exercise of police powers, such regulations may be amended at the City's sole and absolute discretion including, but not limited to, allowing for additional space for internal wiring of City and/or Cingular or, altered foundation requirements to accommodate joint City and Cingular uses, or other technical reasons; provided that (i) City shall pay costs to modify street light standards or mast arms which it owns in accordance with such amended regulations and (ii) Cingular shall pay all costs to modify Cingula!'s Improvements as required by such amended regulations. In making any such amendments, City shall use reasonable efforts to accommodate and not materially adversely impact the functioning of existing Cingular Improvements. In the event the amended regulations make existing Cingular Improvements unusable by Cingular, then City shall use reasonable efforts to provide a suitable alternate location. Upon reasonable notice and written request by the Zoning Administrator, Licensee shall provide a replacement pole that is pre-approved by the City Engineer and shall deliver the existing pole to the City Corporation Yard or some other suitable site within the City designated by the City Engineer. The design of the pole, method of attachment for Licensee's equipment and all other connections shall meet the specifications reasonably required by the Zoning Administrator. Chula Vista I Cingular Master Camm. Site License Page30f~ I 3-11 2.4.5. Compliance with Laws. Cingular's Installation and operations of Improvements must comply with any and all applicable federal, state and local laws. Installation of improvements in or near the public right of way shall meet the requirements of the Americans with Disabilities Act with regard to minimum clearance and public use of sidewalk areas. 2.4.6. Restoration. If any City sidewalk is disturbed in the course of installation, Cingular shall replace said sidewalk from cold joint to cold joint from each direction from the disturbed area and to the satisfaction of the City Engineer. If any existing landscaping, irrigation systems, utilities or other City facilities are disturbed in the course of installation, Cingular shall replace and restore said property to its pre-installation condition. 2.4.7. Maintenance. Maintenance of the Cingular Improvements shall be the sole responsibility of Cingular during the entire term of this License, and Cingtllar agrees to keep all Cingular Improvements in good condition and repair. 2.5. Access. 2.5.1. Cingular and Cingular employees, agents, contractors and subcontractors shall have access to the Premises twenty-four, (24) hours per day, seven (7) days per week, at no charge to Cingular, subject to the conditions set forth in each Schedule. City hereby licenses to Cingular all rights of ingress 'and egress held by City to the extent required to' construct, maintain, install and operate Cingular Improvements on the Premises. Cingular's exercise of such rights shall not cause undue inconvenience to City. 2.5.2. In connection with installations on light standards, mast arms or poles, Cingular shall provide at least seven (7) days written notice to the City Engineer of installation date and time. Cingular shall pay any and all costs associated with City shut off and reconnect of power to Premises, installation oversight and/or inspections if City reasonably deems necessary. 2.5.3. In connection with Cingular's maintenance of Cingular Improvements on street light standards, mast arms or poles, Cingular shall provide at least twenty four, (24) hours notice to the City Engineer and pay City any and all costs associated with City shut off and reconnect of power to Premises, maintenance oversight and/or inspections if City deems reasonably necessary. In case of need for emergency maintenance of Cingular Improvements, Cingular shall use its best efforts to give prior notice to City Engineer but shall notify City of such work as promptly as reasonably possible after the work is commenced. 2.5.4. In connection with City's maintenance to street lights which share a standard or mast arm with such installations, City shall use its best efforts to provide Cingular at least twenty four (24) hours notice of said maintenance. If City desires to have a technician of Cingular on site during said maintenance, Cingular shall provide said technician upon at least twenty four, (24) hours notice. In case of need for emergency maintenance of City's street lights which sbare a standard or mast arm with such installations, City need not give prior notice to Cingular but shall notilY Cingular of such work as promptly as reasonably possible after the work is commenced. 2.6. Interference with CommunicatioDS. 2.6.1. Cingular Improvements at any given Premises shall not interfere with Pre-existing Communications (determined with respect to such Premises at the date the Schedule for such Premises is executed). Cingular Improvements shall also comply with all noninterference rules Chula Vista I Cingular Master Camm. Site License P.ge40f~ I 3-12 of the Federal Communications Commission ("FCC"). 2.6.2. Any radio equipment installed by Cingular on the Premises shall be frequency compatible with all radio transmitting and receiving equipment existing and in use on the Premises at the time initial installation of such equipment is made. In the event Cingular installation electronically or physically interferes with City's installation already existing on the Premises, Cingular shall take all necessary steps, at its own cost and expense, to eliminate such interference, whether so required by the FCC or not. 2.6.3. Except to the extent necessary to install, operate or maintain public improvements, or in the event of an emergency, the City shall not knowingly interfere with the location, configuration, frequency or operation of Cingular Improvements except in the case of Pre-Existing Communications that do not materially change their power level, frequency or location. In the event any equipment installation by City made subsequent to Cingular's installation causes interference with the location, configuration, frequency or operation of Cingular Improvements, City shall exercise reasonable best efforts to eliminate such interference after learning of such interference, whether required by the FCC or not. 2.6.4. Notwithstanding any other provision in this License to the contrary, in the event of an emergency, City shall have the right, in its sole discretion, to take such action it determines in its sole discretion is necessary under the circumstances to address the emergency, even though such actions may cause interference with Cingular Improvements or the operation thereof. If City must take action which causes or may cause interference, City shall endeavor to (a) give Cingular oral notice of such action as quickly as practicable and (b) to the extent practicable under the circumstances, upon notice by Cingular of the existence of interference, minimize the duration and extent of such interference. 2.6.5. City shall have the responsibility to cooperate with Cingular to identify and remedy to the extent reasonably necessary, any interference with the communications operations of Cingular described in Sections 2.6.3 and 2.6.4, above. 2.6.6. Subsequent to the installation of Cingular Improvements, City shall not permIt Its licensees or future licensees to install new equipment on the Licensed Premises or property contiguous thereto owned or controlled by City, if such equipment is likely to cause interference with Cingular's operations. Cingular shall cooperate in good faith with City to determine whether such interference is likely to be caused by the prospective future licensee. For purposes of this Section 2.6, the existence of electronic and physical interference shall be reasonably determined by City and Cingular. [n the event Cingular reasonably determines the likelihood of interference by newly installed facilities, City shall direct the party installing such facilities to meet and confer with Cingular in order to develop an approach or design that eliminates or materially reduces the potential for interference. Notwithstanding the foregoing, Pre-existing Communications operating on the Commencement Date that do not measurably change from this power level, frequency or location nn the Commencement Date shall not be deemed to be interfering at any time. 2.6.7. Cingular agrees to notify immediately the Director of Public Works of the City of any changes in Cingular frequencies to be used at the Premises. 2.7. Liens. Cingular shall keep the Premises free and clear of any and all liens or claims of liens and charges on account of labor and materials used in or contributing to any work performed by or related to this License, failing which City shall have the right, but not the obligation, to discharge any or all such Chula Vista I Cingular Master Comm. Site License P.g.Saf~ I 3-13 liens or claims, and Cingular shall, upon demand therefor, reimburse City for all costs and expenses incurred by City. 2.8. Removal of Cingular Improvements; Damage or Destructioa. 2.8.1. Upon expiration, cancellation or termination of this License or any Schedule hereunder, Cingular shall be responsible for: (a) removing from the Premises subject to such expiration, cancellation, or termination, at its sole cost, all Cingular Improvements except those which the parties agree shall not be removed or shall be transferred to City, (b) repairing, at its sole cost, all damage caused by such removal, and (c) surrendering the Premises to City in the Premises' original condition, ordinary wear and tear and damages caused by third parties excepted. Said return of Premises in their original condition shall include Cingular's remediation of any hazardous or toxic material discharge at the Licensed Premises caused by Cingular or its agents and shall be to the reasonable satisfaction of the City. 2.8.2. Within 30 days after the date this License or an applicable Schedule expires or otherwise terminates, Cingular at its expense shall remove all Cingular Improvements from the affected Premises; provided that if five or more Schedules expire or terminate contemporaneously, then Cingular shall have a reasonable amount of additional time to remove the affected Cingular Improvements so long as Cingular is diligently proceeding with removal. Any Cingular Improvements remaining on affected Premises beyond the time period available for removal as set.forth above shall, at the sole discretion of the City, either (a) in whole or in part become City property (b) in whole or in part be removed and disposed of by City, with the reasonable costs of said removal and disposal, including reasonable administrative overhead, to be reimbursed to City by Cingular within ten days after Cingular receives City's request for reimbursement together with reasonable evidence of the cost 2.8.3. If the Premises consist of a light standard, mast ann or pole and the same is damaged, knocked down or destroyed from any cause, the following provisions shall apply: Chula Vista I Cingular Master Conon. Site License a. If the damage or destruction renders Cingular unable to conduct normal operations and a temporary site is not available per subsection f. below, the fee for such Premises shall abate in full from the date such damage or destruction occurs until Cingular is able to commence normal operations; provided that Cingular shall have no right to abatement if the damage or destruction is caused by Cingular or its agents' negligence or willful misconduct. b. Non-replacement in case of damage. If Cingular chooses to terminate the use of any Licensed Premises suffering such damage, Cingular shall notif'y the City Engineer of such decision within ten (10) days after notice of such damage. Cingular shall comply with all terms of this License concerning removal of Cingular improvements. Cingular shall be responsible for any removal or replacement of wiring, foundation or other associated facilities that may be required to accommodate the replacement facilities. If this option is chosen by Cingular, Cingular shall not be obligated to replace or pay to replace the damaged light standard, mast arm or pole. c. Immediately following the damage or destruction, City shall exercise its best efforts to notif'y Cingular in writing thereof and shall commence 8Ild thereafter continue diligent efforts to repair or replace the light standard, mast arm or pole; provided that City shall have no obligation to repair or replace the light standard, P.&e60f~ I 3-14 . mast arm or pole if (i) the City, determines, in good faith, that the facility is no longer required or desirable to serve the public health, safety and welfare and that the City has no existing or foreseeable intention of replacing or repairing the facility, or (iI) the damage or destruction occurs during the last 12 months of the Term or any Renewal Term, and Cingular does nol, within 10 days after receiving City notice of such destruction, exercise any option to extend or renew which may then be available regarding the subject Premises hereunder. d. If within ten days after written notice from Cingular of damage City has not commenced to repair or replace, then Cingular shall have the right, but not the obligation, to repair or replace the pole or light standard to the conditions existing immediately prior to the damage or destruction (or to any better condition consistent with the City's then-existing standards and regulations for design and construction of similar facilities); provided that Cingular shall have no obligation to restore any City operations served by the light standard, mast arm or pole unless the damage or destruction is caused by Cingular or its agent's negligence or willful misconduct. Cingular shall perform such work using only contractors approved by the City. Cingular shall complete such work as expeditiously as reasonably possible, subject to complying with the provision of Section 2.4, above. e. If Cingular repairs and replaces pursuant to subsection d. above, then the City shall reimburse Cingular for all its reasonable costs of repair and replacement, provided that (i) City shall have no obligation to reimburse if the City timely decides in good faith not to repair or replace pursuant to subsection c. above or if the damage or destruction is caused by Cingular or its agent's negligence or willful misconduct, and (iI) City shall not be required to pay more than the cost of repair and replacement the City would have incurred had the City contracted for the work using its customary method of procurement and customary time frame for the type of work in question. Reimbursement shall be due and payable within 30 days after receiving Cingular's request for reimbursement together with reasonable evidence of the costs. Cingular shall have the right to offSet license fees under all Schedules by the amount of any reimbursement owing but not timely paid. If the City timely decides in good faith not to repair or replace pursuant to subsection c. above, then all such work by Cingular shall be at its sole expense, but Cingular shall have the option to remove or leave in place any new or replacement light standard, mast arm or pole upon expiration or termination of the applicable Schedule. f. If Cingular is rendered unable to conduct normal operations due to damage or destruction, City shall use reasonable efforts to identifY and make available to Cingular, within ten days following the damage or destruction, a temporary site owned or controlled by City which in Cingular'sjudgment is equally suitable for Cingular's intended uses (subject to public safety issues). Cingular may construct and operate substitute Cingular's Improvements thereon until the Premises are fully repaired and available to Cingular. 2.9. Termination. 2.9.1. Neither this License nor any Schedule shall be revoked or terminated during the Term or any Renewal Term except as expressly stated in this License. Chula Vista I Cingular Master Comm. Site License Page 7 of ~Jg I 3-15 2.9.2. This License may be terminated by either party for any or no reason by delivering to the other party, at any time after the initial five (5) year term of this License, written notice of exercise of this right to terminate (the "Exercise Noticej. If this right to terminate is exercised, termination of this License shall be effective 12 months after the Exercise Notice is delivered to the other party. From and after the date the Exercise Notice is delivered to the other party until the effective date of termination, Cingular shall have no right to receive any further Schedule attachments to add Licensed Premises that were not executed prior to delivery of the Exercise Notice. Notwithstanding the foregoing. City retains the right to disapprove extensions of this License beyond the first five-year term as provided in Section 3.1 hereof. 2.9.3. Cingular shall have the right to terminate a Schedule on 30 days prior written notice to City (or any shorter notice expressly set forth below), if: Cingular delivers to City such 3()'day written notice at any time prior to the Commencement Date under such Schedule for any reason or no reason; Chula Vista I Cingular Master Comm. Site Llcen.e .. b. Cingular determines at any time after the Commencement Date under such Schedule that any governmental or non-governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Cingular to install and operate Cingular Improvements cannot be obtained at acceptable expense or in an acceptable time period; - c. Cingular determines at any time after the Commencement Date under such Schedule that the Premises are not appropriate or suitable for Cingular operations for economic, environmental or technological reasons, including without limitation, any ruling or directive of the FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by Section 2.9.3 .d. below; provided that if Cingular exercises the right to terminate under this subsection, Cingular shall pay City (or City may deduct from any rebate due Cingular) as a termination fee 25% of the then Annual Fee for the subject Premises; d. Any Pre-existing Communications, or any communications facilities or other structures of any kind now or hereafter located on or in the vicinity of the subject Premises, interfere with the location, configuration, frequency or operation of Cingular Improvements and Cingular is unable to correct such interference through reasonably feasible means; e. City commits a default under this License with respect to such Schedule and fails to cure such default within the 30-day notice period, provided that if the period to diligently cure takes longer than 30 days and City commences to CUrl: the default within the 3().day notice period, then City shall have such additional time as shall be reasonably necessary to diligently effect a complete cure. f. The Premises under such Schedule are totally or partially damaged, knocked down or destroyed from any cause (other than due to Cingular or its agent's negligence or willful misconduct) so as, in Cingular judgment, to hinder Cingular normal operations and City does not provide to Cingular within 10 days after the casualty occurs a suitable temporary location site for Cingular Improvements pending repair and restoration of the subject Premises. Page 8 of 1919~gJg I 3-16 2.9.4. City shall have the right to terminate a Schedule if: a. Cingular commits a default under this License Agreement with respect to such Schedule and fails to cure such default within (i) ten business days after Cingular receives written notice of the default where the default is a failure to pay the annual fee for the subject Premises when due, or (ii) 30 days after Cingular receives written notice of any other default and fails to cure such default, provided that if the period to cure takes longer than 30 days and Cingular commences to cure the default within the 30-day notice period, then Cingular shall have such additional time as shall be reasonably necessary to diligently effect a complete cure. A violation of the Schedule's Conditions of Approval shall be deemed a default for purposes of this subsection; b. The Premises are wholly or partially damaged or destroyed so as to interfere with Cingular's normal operations, City has no obligation to repair under 2.8.3. above and neither party elects to repair pursuant to Section 2.8.3. above; or c. The City Manager determines in good faith that there exists an immediate and substantial threat to public health and safety due to particular circumstances affecting the Premises which cannot be rectified through means less onerous than termination (such as temporary emergency cessation of use by Cingular pending corrective work), in which case termination shall take effect 48 hours after Cingular receives written notice of termination setting forth the City Manager's determination and the reasons therefor. 2.9.5. A Scbedule shall automatically terminate as of the date when possession is delivered to any governmental authority pursuant to the exercise of its power of eminent domain over the subject Premises of such portion thereof as is sufficient, in Cingular's good faith opinion, to render the Premises unsuitable for Cingular's normal operations, or pursuant to a transfer of the subject Premises or such portion thereof under threat or in lieu of exercise of such power. 2.9.6. Upon termination of this License, neither party shall have any further rights, obligations or liabilities to the other except: (a) with respect to provisions of the License which by their sense and context survive termination; and (b) with respect to the rights and remedies of the parties relating to the period prior to termination. Upon termination of any Schedule, neither party shall have any further rights, obligations or liabilities to the other respecting such Scl1edule or the Premises thereunder except: (i) with respect to provisions of this License applicable to such Schedule which by their sense and context survive termination; (Ii) where termination is by reason of breach or default of the other party; and (Iii) with respect to the rights and remedies of the parties relating to the period prior to termination. 3. TERM 3.1. Term. 3.1.1. The initial term of this License shall begin on the Effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this License may be extended for up to five (5) additional successive terms of five (5) years (each a "Renewal icrm") on the same terms and conditions as set forth herein, except as the Annual Fee may be adjusted as Chula Vista I Cingular Master Comm. Site License Page 9 of 1919~g2g I 3-17 provided in Section 4.1, below. Subject to the termination rights set forth in Section 2.9, above, this License shall automatically be extended for each successive Renewal Term unless Cingular notifies City of its intention not to renew prior to commencement of the succeeding Renewal Term. 3.1.2. Subject to the maximum overall License term of 30 years set forth above, the term of any Schedule shall be as follows: A Schedule shall continue in effect for five years from said Schedule's Commencement Date; provided that Cingular shall have the right to extend the Term of such Schedule for five (5) additional periods of five (5) years (the "Renewal Term"). The Renewal Terms shall be on the same terms and conditions as the first Term except that the Annual Fee may be adjusted as provided in Section 4.1, below. Each Schedule shall be automatically extended for each successive Renewal Term unless Cingular notifies the City in writing of Cingular's intention not to extend such Schedule at least 90 days prior to expiration of such Schedule's Term. 4. COMPENSATION AND LIABILITY 4.1. Payment. 4.1. I, In consideration for the use of each Licensed Premises, Cingular agrees to pay City (to be deposited in the City's general fund) an annual fee ("Annual Fee") per Licensed Pre:mises during the initial term of this License: as folloWs: Chula Vista! Cingular Master Comm. Site License a. Cingular facilities that include five, six or seven equipment cabinets, and up to twelve (12) Antennas approximately 72 inches in beight, in addition to necessary cables, electrical power, telephone service, and other necessary fixtures, in an area no more than ten feet by twenty teet, for the - period from the Commencement Date of this License through December 31, 2007, in the amount of $25,706, ($2,142 per month); and/or b. Cingular facilities that include only up to seven (7) equipment cabinets, in addition to necessary transmission cables, electrical power, telepbone service and other necessary fixtures for the period from the Commencement Date of this License througb December 31, 2007, in the amount of $14,009 ($1,167 per mondl); and/or c. Cingular facilities that include only up to twelve antennas approximately 72 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from Commencement Date of this License through December 31, 2007, in the amount of$12,386 ($1,032 per month); and/or d. Cingular facilities that include up to four (4) cabinets and six (6) antennae approximately 72 inches in height in addition to necessary cables, electrical power, telephone service, and other necessary fixtureS, in an area DO more than ten (10) by sixteen (16) teet, for the period from the Commencement Date oftbis License through December 31, 2007, in the amount of $19,280 ($1,606 per month); and/or e. Cingular facilities that include only up to two antennas approximately 72 inches in height, in addition to necessary transmission cables, electrical power, PagelOof~ I 3-18 telephone service, and other necessary fixtures and limited to one above ground cabinet/pedestal of not more than 27 cubic feet, for the period from commencement Date of this License through December 3 I, 2007, in the amount of$3,995 ($333 per month). f. The City may at its sole discretion decrease any of the fees listed above by up to 40% for under grounding cabinets or pedestals in a manner that by the City's sole judgment reduces the impact to land use and/or aesthetics. g. For each calendar year thereafter throughout the initial term, an amount equal to 103% of the Annual Fee for the immediately preceding calendar year. 4.1.2. Upon written request of City or Cingular, the Annual Fee for any Renewal Term shall equal the then fair market rental rate (the "FMRR") that a willing licensee would pay and a willing licensor would accept for the use of similar installation locations for similar telecommunications equipment for the same five.year period. The FMRR shall be in the same amount for each of the Licensed Premises. If the City and Cingular are unable to agree on the FMRR within 180 days prior to expiration of the term preceding a Renewal Term of this License, then at the request of either party, both parties shall attempt in good faith to appoint a real estate appraiser with at least five years' experience in the area in which the Licensed Premises are located to appraise and set the FMRR. If the parties are unable to agree upon such an appraiser within IS days after either party requests appointment, then the parties hereto agree that an appraiser shall be promptly determined in accordance with the rules of the American Arbitration Association. Within 30 days after the appraiser is selected, he or she shall investigate and report to the parties in writing his or her determination of the FMRR. The appraiser may in his or her sole discretion choose to meet with the parties-and take testimony, and may extend the time for determining the FMRR by not more than 15 days. The appraiser's determination shall be final and non-appealable, absent fraud. If Cingular is dissatisfied with the determination of FMRR, then Cingular shall have, as its sole and exclusive remedy, the right to rescind its exercise of the option to renew and allow this License and the then-existing Schedules to expire at the later of the end of the initial term of this License or 90 days after the appraiser issues his or her report on determination of the FMRR (the "Delayed Expiration Date''). The Annual Fee during the period, ifany, from and after expiration of the initial term of this License to the Delayed Expiration Date shall he the FMRR, prorated for such time period. If the FMRR is. not yet determined by expiration of the initial term of this License, then Cingular shall pay the Annual Fee at the at the immediately preceding year's rate pending such determination; and promptly after such determination the parties shall adjust such payment as necessary to the Annual Fee rate as determined by the appraiser, or, if Cingular elects to rescind its exercise of its right to renew, City shall make a rebate as provided in Section 4.1.6 below. The parties shall share equally the costs and fees of the appraiser. Notwithstanding the foregoing, in no event shall the Annual Fee for Licensed Premises adjusted hereunder for any Renewal Term be less than 103% of the Annual Fee for the Licensed Premises in the last year of the preceding term. 4. 1.3. The Annual Fee for each Licensed Premises shall be set at the rate in effect for the calendar year in which the Commencement Date for such Schedule occurs, and shall be adjusted on January 1 of each year thereafter during the term of the Schedule, beginning January I, 2008, according to the adjustment provisions of Sections 4.1.1 and 4.1.2 above. 4.1.4. The Annual Fee shall be payable in advance on each January I, except that any partial Annual Fee fer the first partial calendar year during the Term efany Schedule shall be payable in Chula Vista / Cingular Master Camm. Site License Page 11 ef~ I 3-19 advance on the Commencement Date of the subject Schedule. If the Commencement Date occurs other than JanulllY I, andlor if the Tenn or final Renewal Term ends on a date other than December 31, the Annual Fcc shall be prorated for the first and last partial calendar years during the Tenn or final Renewal Term, based on a 360 day year and 12 months of 30 days each. 4.1.5. Ifpayment is not received by JanulllY I, or the respective Commencement Date, a late fee of 5% of the balance due will be assessed. In addition, interest will accrue at a rate of 6% per annum until paid. 4.1.6. If a Schedule is tenninated prior to December 31 of any year for any reason other than Cingular's default, City shall rebate to Cingular the unearned portion of the Annual Fee for the calendar year in which teimination occurs, provided that City may reduce any such rebate by (a) any tennination fee owing to City under Section 2.9.3.c above and (b) those sums, if any, due from Cingular under Section 2.8 above. City shall pay such rebate within 60 days after the effective date of termination. Whenever Cingular is entitled to abatement of an Annual Fee under this License or any Schedule, City shall credit the amount of such abatement against the next Annual Fees due from Cingular; provided that if the amount of the abatement exceeds the total next Annual Fee (if any) due for the Premises respecting which the abatement has arisen, City instead shall rebate to Cingular the full abatement amount within 30 days after Cingular delivers to City written request for such rebate. 4.1. 7. Payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth Avenue, Chula Vista, CA 91910, or to such other place as City may from time to time designate by written notice to Cingular. Payments shall be accompanied by a description of payment, which identifies the sites for which payment is being made. 4.2. Surety Bond. City shall have the right to require Cingular to furnish a bond, or alternative acceptable to City, to cover the faithful perfonnance by Cingular of its obligations under this License. If such a bond is required by City, it shall be issued by a commercial bonding company which is authorized to transact surety insurance business in the State of California and satisfactory to City; shall not be subject to termination or cancellation except upon ninety (90) days' prior written notice by certified mail to City; shall be in such fonn and in such amount, not to exceed $25,000, as City shall specitY from time to time; and, subject to tennination or cancellation as foresaid, shall be maintained in full force and effect throughout the life of this License and until City, in its sole discretion, detennines that Cingular has fulfilled all of its obligations under this License. 4.3. Hold Harmless. 4.3.1. Cingular shall defend, indemnitY, protect and hold harmless the City, its elected and appointed officers and employees (each a 'City Party'), from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the operation of the Cingular Improvements or conduct of the Cingular, or any agent or employee, subcontractors, or others acting under the direction or control of Cingular or the violation thereby of any hazardous materials laws or the release thereby of hazardous materials in connection with this License, except only to the extent of those claims arising from the sole negligence or sole willful misconduct of a City Party. Cingular 's indemnification shall include any and all costs, expenses, reasonable attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Cingular at its own expense shall, upon written request by the City, defend any such Chula Vista I Cingular Master Comm. Site License Page120f~ I 3-20 claims arising from Cingular's operations or conduct that are brought against the City, its officers, agents; or employees. Cingular also shall and does hereby agree to indemnify, protect, defend and hold hannless the City, its elected and appointed officers and employees (each a 'City party'), from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of Schedule and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, except only those claims arising from the sole negligence or sole willful misconduct of a City Party. Cingular 's indemnification shall include any and all costs, expenses, reasonable attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not 4.32. It is agreed between the parties that the City assumes no responsibility or liability for loss, damage, expenses or claims, direct or consequential, from (a) Cingular's inability to use the Licensed Premises for its intended purpose, contributed to or caused by the failure of existing facilities on which Cingular Improvements may be placed, inability to use the site, or otherwise, (b) Cingular's use of any related access roads, (c) Cingular's operation of the Cingular Improvements, or Cd) the termination of the License by either party. 4.3.3. Notwithstanding any contrary provision of this License, each party hereby waives any right to recover from the other party or other party's partners, affiliates, agents and employees any loss or damage resulting from any cause or hazard to the extent the loss or damage is covered by property insurance carried by the party suffering loss or damage, including any loss or damage resulting from loss of the use of any property and provided that at the time of loss the property insurers for both parties have waived rights of subrogation. These waivers shall apply between the parties and to any property insurer claiming under or through either party as a result of any asserted right of subrogation, unless any property insurer has not waived its right of subrogation (in which case these waivers shall have no effect). 4.4. Insurance. Cingular, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this License (including the period between the expiration hereof and Cingular's removal of the Cingular Improvements or other equipment from the Premises or appurtenant property), Comprehensive General Liability or Commercial General Liability insurance covering bodily injury (including death), personal injury and property damage. Limits shall be in an amount of not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) aggregate if applicable. Such insurance shall name the City, its officers, agents and employees, individually and collectively, as additional insureds with respect to any covered liability arising out of Cingular's performance of work under this License. Throughout the term of this License, Cingular, at its sole cost and expense, shall also maintain in full force and effect, insurance coverage for bodily injury (including death), and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles/aircraft/watercraft. Additionally, Cingular shall maintain not less than fifty thousand dollars ($50,000) Fire Legal Liability on all real property being licensed, including improvements and betterments owned by City. Cingular shall also provide fire insurance on all personal property contained within or on the Licensed Pl"Bmises. The policy shall be written on a standard "all risk" contract, excluding earthquake and flood. The contract shall insure for not less than (90) percent of the actual cash value of the personal property, and shall name the City as an additional insured. Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein. Claims-made policies are not acceptable. When an umbrella or excess Chula Vista I CinguJar Master Comm. Site License Pagel3of~ I 3-21 coverage is in effect, coverage shall be provided in following fonn. Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Cingular shall be responsible for notifying the City of such change or cancellation. 4.4.1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this License, Cingular shall file with the City the required original certificate(s) of insurance with endorsements, subject to the City's prior approval, which shall clearly slate all of the following: a. Provide on a form approved by the City's Risk Manager, an original plus one (1) copy of a Certificate of Insurance certifying that coverage as required has been obtained and remains in force for the period required by the License. b. All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation, or change to no longer meet the herein specified insurance requirements, to be sent to the City's Risk Manager, 276 Fourth Avenue, Chula Vista, Ca 91910, or to the address shown on the Certificate of Insurance.; and c. That Cingular's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any -self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. d. City is an additional insured. The certificate(s) of insurance with endorsements and notices shall be mailed to the City as the address specified in 4.4.I.b.above. 4.4.2. Workers' Compensation Insurance. Throughout the term of this License, Cingular, at its sole cost and expense, shall maintain in full force and effect, insurance coverage for: a. Statutory California Workers' Compensation coverage including a broad form all-states endorsement. b. Employer's Liability coverage, for not less than one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this License. Policy is to include a wavier of subrogation. 4.4.3. Insurer Criteria. Any bond or insurance provider of Cingular shall be admitted and authorized to do business in California and shall be rated at least A V in A..M. Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 4.4.4. Severability of Interest. Prior to the execution of this License, "Additional insured", "Cross liability," "severability of interest," or "separation of insured" endorsements/clauses shall be made a part of the commercial general liability and commercial automobile liability policies. Chula Vista f Cingular Master Comm. Site License Page 14 of 1919~Q10 I 3-22 4.4.5. Contractors' and Subcontractors' Insurance. Cingular shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of instlrance. 4.4.6 Insurance and Indemnification Obligation. Cingular's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect Cingular's duty to indemnify and defend the City pursuant to 4.4 of this License. 4.4.7 E:'[cept as may be specifically provided for elsewhere in this License, City and Cingular hereby each mutually waive and all rights of recovery from the other in event of damage to the premises or property of either caused by acts of God, perils of fire, lightning, and extended coverage perils as defined in insurance policies and forms approved for use in the State of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with the aforementioned wavier. 4.5. Nuisance. Cingular shall not use the licensed Premises in any manner, which, in the reasonable opinion of the City, creates a nuisance or disturbs the quiet enjoyment of the surrounding area by persons in said area. City reserves its rights to exercise its police powers and authority as they may apply to nuisance response and abatement, as provided by City ordinance exclusive of any contract provisions. 5. MISCELLANEOUS 5.1. Possessory Interest. Cingular shall pay personal property taxes and possessory interest taxes, if any, assessed against the Cingular Improvements or the Premises arising from the installation of the Cingular Improvements. Cingular recognizes and understands that this license may create a possessory interest subject to property taxation and that Cingular may be subject to the payment of property taxes levied on such interest. Cingular further agrees that such tax payment shall not reduce-any fee paid to City hereunder and that such tax shall be paid by Cingular before becoming delinquent. City has no responsibility or liability for any such tax. 5.2. Utility Users' Tax. Cingular acknowledges and agrees that the wireless communication services utilizing the Cingular Improvements licensed hereunder are subject to the City's utility users' tax ("Utility Tax") pursuant to City's Municipal Code. Cingular agrees to collect the tax from service users and remit such tax to the City in accordance with the City's Municipal Code. 5.3. Governmental Approvals. Each Schedule under this License is conditioned upon Cingular, or Cingular 's assigns, obtaining all governmental permits and approvals enabling Cingular, or its assigns, to construct and operate mobile/wireless communications facilities on the Cingular Improvements for that Schedule. Cingular shall at its sole cost and expense comply with all the requirements of all municipal, state, and federal authorities now in effect or which may hereafter be in effect, which pertain to Cingular's Improvements and use thereof. City shall have no responsibility or liability for any such requirements. Cingular shall be responsible for obtaining any permits and approvals from any agency having jurisdiction over Cingular 's activities. 5.4. Governing LawNenue. This License shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this License 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 License, and performance hereunder, shall be the City of Chula Vista. 5.5. Signs. No signs shall be displayed on the Premises without the prior written consent of the City Chum Vista I Cingular Master Camm. Site L.icense Page 150f~Jg I 3-23 in its sole discretion. 5.6. License Administraton. For administrative purposes, any activity covered by this License, which requires pennission or consent of City shall be referred to the City Manager or Manager's duly designated representative at the following address: City Manager, City ofChula Vista 276 Fourth Avenue Chula Vista, California 91910 Phone: (619) 691-5031 Fax: (619) 585-5884 The designated person, address, and phone number for serving official notice on Cingular shall be: If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: CinguJar Wireless Cell Site #: ~ Cell Site Name: _ 6100 Atlantic Boulevard Norcross, Georgia 30071 Phone No: 1-877-231-5447 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Department Re: Cingular Wireless Cell Site #: _; Cell Site Name: '_ 560 I Legacy Drive -_. Bldg. A Piano, TX 75024 Local Market contact. Rhonda Myers Deployment Manager of Real Estate and Construction 6925 Lusk Blvd San Diego, CA 92121 Phone: 858 220 5257 5.7. Successon and Assigns. 5.7.1. Except as provided in subsection 2 below, Cingular shall not assign any rights granted by this License nor any interest therein without the prior written approval of the City. Approval of any such proposed assignment may be withheld in the sole and absolute discretion of the City. Any assignment by operation of law shall automatically tenninate this License. Tile terms and provisions of this License shall extend to and be binding upon and inure to the benefit of any successors and assigns of the respective parties hereto. 5.7.2. Notwithstanding Section I above, Cingular may, without City's approval and in Cingular's sole discretion, from time to time, do any of the following: a. Grant to any person or entity a security interest in some or all of Cingular's Improvements andlor other property used or to be used in connection with th is License; Chula ViSlllI Cingular Master Comm. Site License Page l~of~JQ I 3-24 b. Assign or pledge Cingular's interest in this License or any Schedule to any person or entity to finance Cingular's equipment or operate Cingular's business; and c. Assign (i) to any entity which has, directly or indirectly, a 30% or greater interest in Cingular (a "parentj or in which Cingular or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any entity with whicb Cingular and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Cingular or any Affiliate; or (iv) to the holder or transferee of the Federal Communications ("FCC") license under which Cingular's Improvements are operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to City a document in which the assignee assumes responsibility for all Cingular's obligations under this License arising from and after the effective date of assignment. 5.8. Non-Waiver of Breaches. The City's or Cingular's failure to insist, respectively, in anyone or more instances, upon strict performance of any of the covenants or conditions ofthis License shall not be considered as a waiver or relinquishment for the future of said covenants, terms or cond itions, but the same shall continue and remain in full force and effect. 5.9. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granied and the obligations herein assumed. No alteration or variation of this 'License shall be valid or binding unless made in writing and signed by the parties hereto. 5.10. Time is of the Essence. Time is of the essence in performing each and all of the terms and provisions of this License. 5.11. Waiver of Property, Relocation and Condemnation Rights. Cingular acknowledges and agrees that this License does not confer any of the following: a property right or interest or, a right to relocation or relocation assistance. 5.12. Hazardous Materials. Cingular shall not bring any Hazardous Materials onto the Licensed Premises except for those contained in Cingular's back-up power batteries (e.g. lead-acid batteries) and properly stored, reasonable quantities of common materials used in telecommunications operation (e.g. cleaning solvents). Cingular shall handle, store and dispose of all Hazardous Materials it brings onto the Licensed Premises in accordance with all federal, state and local laws and regulations. "Hazardous Materials" means any substance, chemical, pollutant or waste that is presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation and specifically includes but is not limited to asbestos and asbestos containing materials, polychlorinated biphenyl's (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereot). City makes no representation or warranty regarding the existence of hazardous materials on some or all of the Licensed Premises, which are being licensed to Cingular in an AS IS condition. Cingular is solely responsible for investigation of any and all Licensed Premises as it sees fit to determine the suitability of the Premises for its intended use. 5.13. City Police Powers. Notwithstanding any provision in this License to the contrary, Cingular acknowledges and agrees that City retains any and all police powers authority available at Law or in equity to regulate the conduct of Cingular within the City or to otherwise act in accordance with the public health, safety and welfare of the City and that nothing in this License is intended to or shall have the affect of condemning or limiting such authority in any way. Chula Vista I Cingular Master Comm. Site License Page 17 of 191VJQ2Q I 3-25 5.14. Limitation on City Liability. Notwithstanding any provision in this License to the contrary Cingular's sole remedies for the City's breach of the License shall be (I) termination of the License or one or more Schedules, as appropriate; (2) specific performance or injunction; or (3) the right to withhold amounts otherwise due and payable to City hereunder with respect to one or more Licensed Premises; provided that; the foregoing limitation on liability does not apply to City's rebate obligation under Section 4.1.6 above. Except as expressly provided in the preceding sentence, in no event shall Cingular be entitled to monetary damages against the City for breach of contract hereunder. 5.1 5. Condemnation. If a condemning authority takes all of City's Property, or a portion, which in both parties' opinion is sufficient to render a Premise unsuitable for Cingular 's use, then the applicable Schedule shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain, shall be treated as a taking by a condemning authority. 5.16 Authorized Signatory. By its signature below, each party: (i) agrees to the terms of this License; (ii) warrants and represents that it is authorized to enter into this License; and (iii) warrants and represents that the person(s) executing this License on its behalf is duly authorized to do so, without the need for any further action. [The Next Page is the Signature Page] Chula Vista I Cingular Master Comm. Site License P.geI80f~g I 3-26 SIGNATURE PAGE TO MASTER COMMUNICATIONS SITE LICENSE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this License thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms as of the date first written above. Dated: 2007 City of Chula Vista By: Cheryl Cox, Mayor Attest Susan Biszelow. CilV Clerk Aooroved as to Form: Ann Moore. CilV Attornev Dated: CilV Cimrular: New Cingular Wireless PCS, LLC, A Delaware Limited Liability Company, ~d-d Ch(1~A Na~k"lA..c...... '-- M'f-t.v~ Title: MA~~ Es..J...k. ....c....~ Dated: 1/ II (,,"7 Exhibit List to Agreement (I) Exhibit A Sample Improvements (2) Exhibit B Schedule of Premises MTM:Cin8u1arl License 6-28-07 Chula Vista I Cingular Master Comm. Site License Pagelgof~O I 3-27 EXHIBIT A Sample Cingular Improvements [To be Inserted] 3-28 P" PI"" Ipr'..1 ,Illldl i'l' el'i :Inl Ii 1;11 ! j I ,II. 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IZ 10 l:ll :t J!! ~ ::t o Z i I ! I, ~ I I imun ~ I h I i~ II i 11 ~ I E~ ~ I ~ I I i I d 1I!I!j1d ~ HI I i~ I ~ I. Ji i I . -.-J L I j ~ i nlii!!P ph il iiq ~ ~ II n ~ I il ~~ i ~ II !I II I II~ i!~~1 ..llllllfO EXHIBIT B Attachment I Schedule of Premises Each Licensed Premises Should be described in a Schedule in the format outlined below and made part of this Attachment I. Schedule: Cingular Site No: Commencement Date: Location: APN: Description of Installation (Attach Site Plan): Building Permit No: Conditions of Approval: Note: Violations of these conditions may result in the termination of the right to use this site for wireless communications (see Section 2.9.4a of the Master Communications Site License Agreement). Also, pursuant to Section 1.2 of the Agreement the City may add to, delete or modify this Schedule's Conditions of Approval at any time during the term of the Agreement to advance a legitimate governmental interest. Other: In addition, all work shall be scheduled in advance and coordinated with parks operations personnel, onsite recreational staff, City Engineer and Public Works Staff or other City staff as appropriate prior to commencement of the work to minimize the potential for conflicts with recreation and other City programs occurring on the site. The applicant agrees that the site will not be activated until the City has signed off on final construction. City of Chula Vista Applicant's Authorized City Representatives 3-33 CITY COUNCIL AGENDA STATEMENT Meeting Date: 7/17/2007 Item3- SUBMITTED BY: REVIEWED BY: RESOLUTION APPROVING THE PLAN AND SCHEDULE FOR THE PREPARATION OF A SEWER SYSTEM MANAGEMENT PLAN FOR THE CITY OF CHULA VISTA IN ACCORDANCE WITH THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) WASTEWATER DISCHARGE REQUIREMENTS ORDER # 2006-0003-DWQ. CITY ENGINEER ~ ~ ./ CITY MANAGER ~y ITEM TITLE: 4/5THS VOTE: YES D NO 0 BACKGROUND On May 2,2006 the SWRCB adopted Wastewater Discharge Requirements (WDR) Order #2006- 0003-DWQ. This order mandated all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly-owned treatment facility in the State of California develop and implement a system-specific Sewer System Management Plan (SSMP). Recently, the SWRCB further clarified the terms of this Order and now requires all these agencies to obtain their governing board's approval of the SSMP Development Plan, Schedule and final SSMP prior to certification as complete and in compliance. 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 because the action involves only the approval of the plan and schedule for preparation of the Sewer System Management Plan; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION: That Council approve the Resolution approving the Plan and schedule for the preparation of a SSMP for the City of Chula Vista in accordance with the SWRCB Wastewater Discharge Requirements Order # 2006-0003-DWQ. 4-1 Page 2, Item ~ Meeting Date 7/17/2007 BOARDS/COMMISSION RECOMMENDATION: Not Applicable. DISCUSSION On May 2, 2006 the SWRCB adopted Wastewater Discharge Requirements (WDR) Order #2006- 0003-DWQ (see Attachment 1). This order mandated all federal and state agencies, municipalities, counties, districts, and other public entities ("enrollees") that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly-owned treatment facility in the State of California to comply with the terms of this Order. The Order also stated that to facilitate proper funding and management of sanitary sewer systems, each enrollee must develop and implement a system-specific Sewer System Management Plan (SSMP). To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management and cost benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate response to a Sewer System Overflow (SSO) in a manner designed to minimize water quality impacts and potential nuisance conditions. Subsequently, in March 2007, staff presented an Informational Memorandum to Council, which outlined the City's plan and schedule for compliance with this Order. However, the SWRCB recently clarified this Order and now requires all enrollees to obtain their governing board's approval of the SSMP Development Plan and Schedule and final SSMP prior to certification as complete and in compliance. Order Requirements The Order primarily requires agencies to complete the following tasks before the stipulated deadlines as summarized below: WDR SECTION REFERENCE B.I G N/A D.13 D.13 D.13 D.13 D.13 D.13 Task Summary DUE DATE November 2006 November 2006 Au ust 2, 2007 November I, 2007 November 1,2008 November I, 2008 and November I, 2008 4-2 Page 3, Item 4 Meeting Date 7/17/2007 WDR SECTION Task Summary DUE DATE REFERENCE installation Standards for sewer infrastructure D.13 Evaluate system for hydraulic deficiencies May 1,2009 D.13 & 14 Prepare and CertifY the SSMP May 1, 2009 D.13 Periodically conduct internal SSMP Program audits based on At least bi-annually svstem size and SSOs D.14 Update SSMP Every 5 years G.3 Update the collection system questionnaire Annually I. Compliance Status Application for coverage under the WDRs The City has complied with the first element of the WDR - the filing of a Notice of Intent (NOl) to comply. The application was submitted in August 2006 prior to the November 2006 deadline. Establish a Monitoring and Reporting Program The WDR has a provision that requires all sanitary sewer districts within the region to uSe the California Integrated Water Quality System (CIWQS) online reporting software. The CIWQS was recently implemented by the State and Regional Water Quality Control Boards to: track information about places of environmental interest, manage permits and orders, track inspections, manage violations and enforcement activities and to notify the state of each sanitary sewer overflow. CIWQS also includes an electronic Self Monitoring Report (eSMR) tool for the submission of monitoring reports via an Internet web site. This system is part of an overall effort by the SWRCB to integrate several disparate legacy systems, compile water quality data, standardize permits, automate processes, and to make data more accessible to State Water Board staff, dischargers, the public, and the U.S. Environmental Protection Agency. The City's Public Works Operations Department is already set up on this system and City staff is utilizing this system to report any spills that occur. This CIWQS is quite similar to the existing software that the City had been using to report spills to the RWQCB. For the past few years, although they were not required to, the Public Works Operations staff has been diligently reporting spills to the Board including those that occurred on private property. This new CIWQS reporting requirement is something the City had already been doing as a best management practice. Develop an Operation and Maintenance Program This element of the WDR requires all agencies to do the following: 4-3 Page 4, Item L Meeting Date 7/17/2007 a. Maintain up-to-date maps of the sewer system - The City has a well-developed GIS system and document tracking system. The GIS system has very well populated layers for various sewer facilities (i.e., sewer lines, manholes, pump stations, monitoring stations, etc.). As new development occurs, digital maps of new facilities are uploaded into the GIS system; this application is used extensively as a planning tool by both staff and developers. b. Develop a Preventative Maintenance Program - The City currently has an aggressive program for the maintenance of all sewer facilities. This involves strict adherence to a schedule established for the cleaning of sewer lines and manholes, and servicing of pump stations. Public Works Operations staff clean the entire 440 miles of sanitary sewer system once a year, with certain lines classified as "high priority" being cleaned at least once every two months. c. Development of a Rehabilitation and Replacement Program - The City has a comprehensive rehabilitation and replacement program that is driven by a video monitoring program. Staff using specialized televising equipment evaluates the condition of approximately 500,000 lineal feet of the City's total estimated 2,513,280 lineal feet (476 miles) of pipes annually. The data gathered through this process is reviewed and then used to drive decisions regarding which pipes need to be rehabilitated through lining or replaced. This effort is funded annually through an on-going sewer rehabilitation program included in the City's CIP program. Through the implementation of these programs, the City has developed an efficient and comprehensive Operation and Maintenance Program. Develop and follow an SSO Emergency Response and Reporting Plan The Public Works Operations Department already has a Sanitary Sewer Overflow (SSO) Emergency Response plan, and has been following this plan and the necessary notification of the Regional Water Quality Control Board as part of the existing Regional Water Board Order #96-04. Develop a Fats, Oil, and Grease (FOG) Control Program The WDR requires all agencies that operate a collection system to implement a Fats, Oil and Grease (FOG) monitoring program. The primary purpose of this program is to reduce the amount of FOG introduced into the sanitary sewer system by consumers and businesses. In addition, the FOG program also requires each agency to adopt an enforcing legal instrument (i.e., Ordinance, resolution, policy, etc). Although the City of Chula Vista's Municipal Code currently has provisions that address this issue, staff is in the process of developing a more comprehensive FOG program. The Municipal Code specifically requires all Food Service Establishments (FSE) to install a grease pre-treatment devise on the sewer lateral, which connects their facility to the City's wastewater collection system. This requirement is currently being implemented for new construction. Staff is in the process of surveying operators of existing FSEs (see Attachment 2) to determine if there were any existing FSEs that do not have any pre-treatment device in accordance with the Municipal Code. 4-4 Page 5, Item ~ Meeting Date 7/17/2007 Staff is proposing to implement this FOG Program through a multi-phased process of information gathering, education and targeted code enforcement. Staff will be working closely with the primary grease generators (i.e., restaurants) that contribute flow to the lines that are considered "high priority" cleaning lines. The successful implementation of this program will reduce maintenance costs and may even lessen treatment costs since the City's cost for wastewater treatment is dependent on the quantity and quality of the effluent. In addition, staff is investigating a variable rate structure to address facilities requiring enhanced maintenance. Create/Update design, construction, inspection, testing and installation standards for sewer infrastructure One of the most important components of infrastructure management is a clear definition of the procedures and standards for the design, construction, inspection, testing and installation of new facilities (i.e., sewer lines, pump stations, and other related appurtenant structures). The WDR requires agencies to develop and adopt these standards as an important element of their overall strategy for maintaining their infrastructure. The City currently has adopted standards and procedures (i.e., Chula Vista Subdivision Manual, Chula Vista Design Standards etc.) that are consistent with the WDR. Evaluate the system for hydraulic deficiencies This element of the WDR requires agencies to: establish a process for evaluating the capacity in the collection system, maintain a capacity assurance plan for peak dry and peak wet weather flow conditions and develop required capital improvements with a schedule. The City recently completed its Wastewater Master Plan, which was prepared concurrently with the General Plan Update. A component of that project was the development of a hydraulic model of the City's wastewater collection system. This model was used to identify areas in the system that had capacity constraints. These areas were then flagged as part of the Infrastructure Monitoring Program as "high priority" and are now being monitored on a regular basis by staff. Portions of the system that showed serious capacity constraints, and which served areas with potential near-term development were immediately included in the City's Capital Improvement Program (CIP) and scheduled for improvement (examples of such projects include the Main Street Trunk Sewer Improvements, Colorado Street Sewer Improvements and Moss Street Sewer Improvements). For areas that are still developing, the model is used to quantify impacts from projected development on the system. Staff is currently working on the Model to broaden its capability to be able to use it in assessing the capacity of smaller mains within the collection system, as the City transitions from "green- field" development to "in-fill" development. 4-5 Page 6, Item ~ Meeting Date 7/17/2007 Conclusion A review of the adopted Wastewater Discharge Requirements indicates that the City already has extensive programs that address most of the elements of the WDR. Through the implementation of an aggressive Sewer Rehabilitation Program, a diligent cleaning and maintenance program, an optimized Flow Monitoring program, and consistent capacity monitoring, the City currently has a well-managed wastewater collection system that has experienced minimal sewer system overflows. Attachment 2 shows the plan and schedule for the completion of the SSMP. Staff will bring various elements of the SSMP (as is necessary) for Council consideration in the coming months. Upon completion of the SSMP, the document will be brought for final certification by Council. The WDR currently mandates that the SSMP be certified by May 1,2009. However, the City is required by the Regional Water Quality Control Board to have many of the WDR (and subsequent SSMP) required documents prior to the Statewide Order. The attached schedule shows that the City is in a position to complete the SSMP by the 2009 due date. DECISION MAKER CONFLICT 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 IMP ACT The maintenance and operation of the City's wastewater collection system is supported by the monthly Sewer Service Fee and Sewer Facilities Replacement Fee, which are collected together as components of the monthly sewer service charges paid by all users connected to the City's wastewater collection system. The funds are collected and deposited in the Sewer Service Fund and Sewer Facilities Replacement Fund. Consequently, the implementation of the various elements of the WDR Order may necessitate the expenditure of funds from either of these funds depending on the specific activity. Staff will be assessing and addressing fiscal impacts as work on the various aspects of the SSMP progresses. Attachments: I. SWRCB WDR Order #2006-003-DWQ 2. SSMP implementation Plan and Schedule Prepared by: Anthony Chukwudo/ue, Sr. Civil Engineer, Engineering Department J: IEngineerlAGENDA ICAS2007\07 -17-07\ssmp-certificatiion. ac. doc 4-6 -A,-rTAC# t77 erJ T .i... State Water Resources Control Board Order No. 2006-0003 Statewide General WOR For Wastewater Collection Agencies Page 1 of 20 5/2/06 STATE WATER RESOURCES CONTROL BOARD ORDER NO. 2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS The State Water Resources Control Board, hereinafter referred to as "State Water Board", finds that: 1. All federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California are required to comply with the terms of this Order. Such entities are hereinafter referred to as "Enrollees". 2. Sanitary sewer overflows (SSOs) are overflows from sanitary sewer systems of domestic wastewater, as well as industrial and commercial wastewater, depending on the pattern of land uses in the area served by the sanitary sewer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants. SSOs may cause a public nuisance, particularly when raw untreated wastewater is discharged to areas with high public exposure, such as streets or surface waters used for drinking, fishing, or body contact recreation. SSOs may pollute surface or ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. 3. Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state. There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population growth, and system operation and maintenance), which affect the likelihood of an SSO. A proactive approach that requires Enrollees to ensure a system-wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state. This approach will In turn decrease the risk to human health and the environment caused by SSOs. 4. Major causes of SSOs include: grease blockages, root blockages, sewer line flood damage, manhole structure failures, vandalism, pump station mechanical failures, power outages, excessive storm or ground water inflow/infiltration, debris blockages, sanitary sewer system age and construction material failures, lack of proper operation and maintenance, insufficient capacity and contractor- caused damages. Many SSOs are preventable with adequate and appropriate facilities, source control measures and operation and maintenance of the sanitary sewer system. 4-7 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 2 of 20 5/2/06 SEWER SYSTEM MANAGEMENT PLANS 5. To facilitate proper funding and management of sanitary sewer systems, each Enrollee must develop and implement a system-specific Sewer System Management Plan (SSMP). To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management and cost benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate response to an SSO in a manner designed to minimize water quality impacts and potential nuisance conditions. 6. Many local public agencies in California have already developed SSMPs and implemented measures to reduce SSOs. These entities can build upon their existing efforts to establish a comprehensive SSMP consistent with this Order. Others, however, still require technical assistance and, in some cases, funding to improve sanitary sewer system operation and maintenance in order to reduce SSOs. 7. SSMP certification by technically qualified and experienced persons can provide a useful and cost-effective means for ensuring that SSMPs are developed and implemented appropriately. 8. It is the State Water Board's intent to gather additional information on the causes and sources of SSOs to augment existing information and to determine the full extent of SSOs and consequent public health and/or environmental impacts occurring in the State. 9. Both uniform SSO reporting and a centralized statewide electronic database are needed to collect information to allow the State Water Board and Regional Water Quality Control Boards (Regional Water Boards) to effectively analyze the extent of SSOs statewide and their potential impacts on beneficial uses and public health. The monitoring and reporting program required by this Order and the attached Monitoring and Reporting Program No. 2006-0003, are necessary to assure compliance with these waste discharge requirements (WDRs). 1 a.lnformation regarding SSOs must be provided to Regional Water Boards and other regulatory agencies in a timely manner and be made available to the public in a complete, concise, and timely fashion. 11. Some Regional Water Boards have issued WDRs or WDRs that serve as National Pollution Discharge Elimination System (NPDES) permits to sanitary sewer system owners/operators within their jurisdictions. This Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more 4-8 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 3 of 20 5/2/06 prescriptive WDRs for sanitary sewer systems. Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order, the Regional Water Board shall coordinate its requirements with stated requirements within this Order, to identify requirements that are more stringent, to remove requirements that are less stringent than this Order, and to provide consistency in reporting. REGULATORY CONSIDERATIONS 12. California Water Code section 13263 provides that the State Water Board may prescribe general WDRs for a category of discharges if the State Water Board finds or determines that: . The discharges are produced by the same or similar operations; . The discharges involve the same or similar types of waste; . The discharges require the same or similar treatment standards; and . The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements. This Order establishes requirements for a class of operations, facilities, and discharges that are similar throughout the state. 13. The issuance of general WDRs to the Enrollees will: a) Reduce the administrative burden of issuing individual WDRs to each Enrollee; b) Provide for a unified statewide approach for the reporting and database tracking of SSOs; c) Establish consistent and uniform requirements for SSMP development and implementation; d) Provide statewide consistency in reporting; and e) Facilitate consistent enforcement for violations. 14. The beneficial uses of surface waters that can be impaired by SSOs include, but are not limited to, aquatic life, drinking water supply, body contact and non- contact recreation, and aesthetics. The beneficial uses of ground water that can be impaired include, but are not limited to, drinking water and agricultural supply. Surface and ground waters throughout the state support these uses to varying degrees. 15. The implementation of requirements set forth in this Order will ensure the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water quality control plans (Basin Plans) for each region and take into account the environmental characteristics of hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that couid reasonably be achieved through the coordinated control of all factors that affect 4-9 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 4 of 20 5/2/06 water quality in the area, costs associated with compliance with these requirements, the need for developing housing within California, and the need to develop and use recycled water. 16. The Federal Clean Water Act largely prohibits any discharge of pollutants from a point source to waters of the United States except as authorized under an NPDES permit. In general, any point source discharge of sewage effluent to waters of the United States must comply with technology-based, secondary treatment standards, at a minimum, and any more stringent requirements necessary to meet applicable water quality standards and other requirements. Hence, the unpermitted discharge of wastewater from a sanitary sewer system to waters of the United States is illegal under the Clean Water Act. In addition, many Basin Plans adopted by the Regional Water Boards contain discharge prohibitions that apply to the discharge of untreated or partially treated wastewater. Finally, the California Water Code generally prohibits the discharge of waste to land prior to the filing of any required report of waste discharge and the subsequent issuance of either WDRs or a waiver of WDRs. 17. California Water Code section 13263 requires a water board to, after any necessary hearing, prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge. The requirements shall, among other things, take into consideration the need to prevent nuisance. 18. California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. 19. This Order is consistent with State Water Board Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California) in that the Order imposes conditions to prevent impacts to water quality, does not allow the degradation of water quality, will not unreasonably affect beneficial uses of water, and will not result in water quality less than prescribed in State Water Board or Regional Water Board plans and policies. 20. The action to adopt this General Order is exempt from the California Environmental Quality Act (Public Resources Code ~21000 et seq.) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment. (Cal. Code Regs., tit. 14, ~15308). In addition, the action to adopt 4-10 State Water Resources Control Board Order No. 2006-0003 Statewide General WOR For Wastewater Collection Agencies Page 5 of 20 5/2/06 this Order is exempt from CEQA pursuant to Cal.Code Regs., title 14, ~15301 to the extent that it applies to existing sanitary sewer collection systems that constitute "existing facilities" as that term is used in Section 15301, and ~ 15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity. 21. The Fact Sheet, which is incorporated by reference in the Order, contains supplemental information that was also considered in establishing these requirements. 22. The State Water Board has notified all affected public agencies and all known interested persons of the intent to prescribe general WDRs that require Enroliees to develop SSMPs and to report all SSOs. 23. The State Water Board conducted a public hearing on February 8, 2006, to receive oral and written comments on the draft order. The State Water Board received and considered, at its May 2, 2006, meeting, additional pubiic comments on substantial changes made to the proposed general WDRs following the February 8, 2006, public hearing. The State Water Board has considered all comments pertaining to the proposed general WDRs. IT IS HEREBY ORDERED, that pursuant to California Water Code section 13263, the Enrollees, their agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted hereunder, shall comply with the following: A. DEFINITIONS 1. Sanitary sewer overflow (SSO) - Any overfiow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: (i) Overfiows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overfiows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) Wastewater backups into buildings and on private property that are caused by blockages or fiow conditions within the pubiicly owned portion of a sanitary sewer system. 2. Sanitary sewer system - Any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SSOs. 4-11 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 6 of 20 5/2/06 For purposes of this Order, sanitary sewer systems include only those systems owned by public agencies that are comprised of more than one mile of pipes or sewer lines. 3. Enrollee - A federal or state agency, municipality, county, district, and other public entity that owns or operates a sanitary sewer system, as defined in the general WDRs, and that has submitted a complete and approved application for coverage under this Order. 4. SSO Reporting System - Online spill reporting system that is hosted, controlled, and maintained by the State Water Board. The web address for this site is http://ciwqs.waterboards.ca.gov.This online database is maintained on a secure site and is controlled by unique usernames and passwords. 5. Untreated or partially treated wastewater - Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant headworks. 6. Satellite collection system - The portion, if any, of a sanitary sewer system owned or operated by a different public agency than the agency that owns and operates the wastewater treatment facility to which the sanitary sewer system is tributary. 7. Nuisance - California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. B. APPLICATION REQUIREMENTS 1. Deadlines for Application - All public agencies that currently own or operate sanitary sewer systems within the State of California must apply for coverage under the general WDRs within six (6) months of the date of adoption of the general WDRs. Additionally, public agencies that acquire or assume responsibility for operating sanitary sewer systems after the date of adoption of this Order must apply for coverage under the general WDRs at least three (3) months prior to operation of those facilities. 2. Applications under the general WDRs - In order to apply for coverage pursuant to the general WDRs, a legally authorized representative for each agency must submit a complete application package. Within sixty (60) days of adoption of the general WDRs, State Water Board staff will send specific instructions on how to 4-12 State Water Resources Control Board Order No. 2006-0003 Page 7 of 20 Statewide General WOR For Wastewater Collection Agencies 5/2/06 apply for coverage under the general WDRs to all known public agencies that own sanitary sewer systems. Agencies that do not receive notice may obtain applications and instructions online on the Water Board's website. 3. Coverage under the general WDRs - Permit coverage will be in effect once a complete application package has been submitted and approved by the State Water Board's Division of Water Quality. C. PROHIBITIONS 1. Any SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. 2. Any SSO that results in a discharge of untreated or partially treated wastewater that creates a nuisance as defined in California Water Code Section 13050(m) is prohibited. D. PROVISIONS 1. The Enrollee must comply with all conditions of this Order. Any noncompliance with this Order constitutes a violation of the California Water Code and is grounds for enforcement action. 2. It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative/judicial order or Consent Decree; (ii) Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an applicable Basin Plan prohibition or water quality standard, or the California Water Code; (iii) Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDR, superseding this general WDR, for a sanitary sewer system, authorized under the Clean Water Act or California Water Code; or (iv) Interpreted or applied to supersede any more specific or more stringent WDRs or enforcement order issued by a Regional Water Board. 3. The Enrollee shall take all feasible steps to eliminate SSOs. In the event that an SSO does occur, the Enrollee shall take all feasible steps to contain and mitigate the impacts of an SSO. 4. In the event of an SSO, the Enrollee shall take all feasible steps to prevent untreated or partially treated wastewater from discharging from storm drains into 4-13 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 8 of 20 5/2/06 flood control channels or waters of the United States by blocking the storm drainage system and by removing the wastewater from the storm drains. 5. All SSOs must be reported in accordance with Section G of the general WDRs. 6. In any enforcement action, the State and/or Regional Water Boards will consider the appropriate factors under the duly adopted State Water Board Enforcement Policy. And, consistent with the Enforcement Policy, the State and/or Regional Water Boards must consider the Enrollee's efforts to contain, control, and mitigate SSOs when considering the California Water Code Section 13327 factors. In assessing these factors, the State and/or Regional Water Boards will also consider whether: (i) The Enrollee has complied with the requirements of this Order, including requirements for reporting and developing and implementing a SSMP; (ii) The Enrollee can identify the cause or likely cause of the discharge event; (iii) There were no feasible aiternatives to the discharge, such as temporary storage or retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, collecting and hauling of untreated wastewater to a treatment facility, or an increase in the capacity of the system as necessary to contain the design storm event identified in the SSMP. It is inappropriate to consider the lack of feasible aiternatives, if the Enrollee does not implement a periodic or continuing process to identify and correct problems. (iv)The discharge was exceptional, unintentional, temporary, and caused by factors beyond the reasonable control of the Enrollee; (v) The discharge could have been prevented by the exercise of reasonable control described in a certified SSMP for: . Proper management, operation and maintenance; . Adequate treatment facilities, sanitary sewer system facilities, and/or components with an appropriate design capacity, to reasonably prevent SSOs (e.g., adequately enlarging treatment or collection facilities to accommodate grow1h, infiltration and inflow (III), etc.); . Preventive maintenance (including cleaning and fats, oils, and grease (FOG) control); . Installation of adequate backup equipment; and . Inflow and infiltration prevention and control to the extent practicable. (vi) The sanitary sewer system design capacity is appropriate to reasonably prevent SSOs. 4-14 State Water Resources Control Board Order No. 2006-0003 Page 9 of 20 Statewide General WDR For Wastewater Collection Agencies 5/2/06 (vii) The Enrollee took all reasonable steps to stop and mitigate the impact of the discharge as soon as possible. 7. When a sanitary sewer overflow occurs, the Enrollee shall take all feasible steps and necessary remedial actions to 1) control or limit the volume of untreated or partially treated wastewater discharged, 2) terminate the discharge, and 3) recover as much of the wastewater discharged as possible for proper disposal, including any wash down water. The Enrollee shall implement all remedial actions to the extent they may be applicable to the discharge and not inconsistent with an emergency response plan, including the following: (i) Interception and rerouting of untreated or partially treated wastewater fiows around the wastewater line failure; (ii) Vacuum truck recovery of sanitary sewer overflows and wash down water; (iii) Cleanup of debris at the overflow site; (Iv) System modifications to prevent another SSO at the same location; (v) Adequate sampling to determine the nature and impact of the release; and (vi) Adequate public notification to protect the public from exposure to the SSO. 8. The Enrollee shall properly, manage, operate, and maintain all parts of the sanitary sewer system owned or operated by the Enrollee, and shall ensure that the system operators (including employees, contractors, or other agents) are adequately trained and possess adequate knowledge, skills, and abilities. 9. The Enrollee shall allocate adequate resources for the operation, maintenance, and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. These procedures must be in compliance with applicable laws and regulations and comply with generally acceptable accounting practices. 10. The Enrollee shall provide adequate capacity to convey base fiows and peak fiows, including fiows related to wet weather events. Capacity shall meet or exceed the design criteria as defined in the Enrollee's System Evaluation and Capacity Assurance Plan for all parts of the sanitary sewer system owned or operated by the Enrollee. 11. The Enrollee shall develop and implement a written Sewer System Management Plan (SSMP) and make it available to the State and/or Regional Water Board upon request. A copy of this document must be publicly available at the Enrollee's office and/or available on the Internet. This SSMP must be approved by the Enrollee's governing board at a public meeting. 4-15 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 10 of 20 5/2/06 12.ln accordance with the California Business and Professions Code sections 6735, 7835, and 7835.1, all engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. Specific elements of the SSMP that require professional evaluation and judgments shall be prepared by or under the direction of appropriately qualified professionals, and shall bear the professional(s)' signature and stamp. 13. The mandatory elements of the SSMP are specified below. However, if the Enrollee believes that any element of this section is not appropriate or applicable to the Enrollee's sanitary sewer system, the SSMP program does not need to address that element. The Enrollee must justify why that element is not applicable. The SSMP must be approved by the deadlines listed in the SSMP Time Schedule below. Sewer System Management Plan (SSMP) (i) Goal: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. (ii) Organization: The SSMP must identify: (a) The name of the responsible or authorized representative as described in Section J of this Order. (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, andlor State Office of Emergency Services (OES)). (Iii) Legal Authority: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include III, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); 4-16 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 11 of20 5/2/06 (b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and . (e) Enforce any violation of its sewer ordinances. (iv) Operation and Maintenance Program. The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; (b) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long- term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time scheduie for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and 4-17 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 12 of 20 5/2/06 (e) Provide equipment and replacement part inventories, including identification of critical replacement parts. (v) Design and Performance Provisions: (a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. (vi) Overflow Emergency Response Plan - Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. 4-18 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 13 of 20 5/2/06 (vii) FOG Control Program: Each Enroilee shail evaluate its service area to determine whether a FOG controi program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. (viii) System Evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including fiows from SSOs 4-19 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 14 of 20 5/2/06 that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c) Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, III reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. (ix) Monitoring, Measurement, and Program Modifications: The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; (c) Assess the success of the preventative maintenance program; (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and (e) Identify and illustrate SSO trends, including: frequency, location, and volume. (x) SSMP Program Audits - As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the 4-20 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 15 of 20 5/2/06 Enrollee's compliance with the SSMP requirements identified in this subsection (0.13), including identification of any deficiencies in the SSMP and steps to correct them. (xi) Communication Program - The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. 14. Both the SSMP and the Enrollee's program to implement the SSMP must be certified by the Enrollee to be in compliance with the requirements set forth above and must be presented to the Enrollee's governing board for approval at a public meeting. The Enrollee shall certify that the SSMP, and subparts thereof, are in compliance with the general WDRs within the time frames identified in the time schedule provided in subsection 0.15, below. In order to complete this certification, the Enrollee's authorized representative must complete the certification portion in the Online SSO Database Questionnaire by checking the appropriate milestone box, printing and signing the automated form, and sending the form to: State Water Resources Control Board Division of Water Quality Attn: SSO Program Manager P.O. Box 100 Sacramento, CA 95812 The SSMP must be updated every five (5) years, and must include any significant program changes. Re-certification by the governing board of the Enrollee is required in accordance with 0.14 when significant updates to the SSMP are made. To complete the re-certification process, the Enrollee shall enter the data in the Online SSO Database and mail the form to the State Water Board, as described above. 15. The Enrollee shall comply with these requirements according to the following schedule. This time schedule does not supersede existing requirements or time schedules associated with other permits or regulatory requirements. 4-21 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Sewer System Management Plan Time Schedule Page 16 of 20 5/2/06 Task and Completion Date Associated Section Population> Population Population Population < 100,000 between 100,000 between 10,000 2,500 and 10,000 and 2,500 Application for Permit Coverage 6 months after WDRs Adoption Section C Reporting Program 6 months after WDRs Adoption 1 Section G SSMP Development 9 months after 12 months after 15 months after 18 months after Plan and Schedule WDRs Adoption2 WDRs Adoption2 WDRs WDRs No specific Section Adootion2 Adoption2 Goals and Organization Structure 12 months after WDRs Adoption2 18 months after WDRs Adoption2 Section D 13 (i) & (ii) Overflow Emergency Response Program Section D 13 (vi) Legal Authority Section D 13 am 24 months after 30 months after 36 months after 39 months after Operation and WDRs Adoption2 WDRs Adoption2 WDRs WDRs Maintenance Program Adoption2 Adoption2 Section D 13 (iv)- Grease Control Program Section D 13 (vii) Design and Performance Section D 13 (v) System Evaluation and Capacity Assurance 36 months after 39 months after 48 months after 51 months after Plan WDRs Adoption WDRs Adoption WDRs Adoption WDRs Adoption Section D 13 (viii) Final SSMP, incorporating all of the SSMP requirements Section D 13 4-22 State Water Resources Control Board Order No. 2006-0003 Statewide General WOR For Wastewater Collection Agencies Page 17 of 20 5/2/06 1. In the event that by July 1, 2006 the Executive Director is able to execute a memorandum of agreement (MOA) with the California Water Environment Association (CWEA) or discharger representatives outlining a strategy and time schedule for CWEA or another entity to provide statewide training on the adopted monitoring program, SSO database electronic reporting, and SSMP development, consistent with this Order, then the schedule of Reporting Program Section G shall be replaced with the following schedule: Reporting Program Section G Regional Boards 4, 8, 8 months after WDRs Adoption and 9 Regional Boards 1, 2, 12 months after WDRs Adoption and 3 Regional Boards 5, 6, 16 months after WDRs Adoption and 7 If this MOU is not executed by July 1, 2006, the reporting program time schedule will remain six (6) months for all regions and agency size categories. 2. In the event that the Executive Director executes the MOA identified in note 1 by July 1, 2006, then the deadline for this task shall be extended by six (6) months. The time schedule identified in the MOA must be consistent with the extended time schedule provided by this note. If the MOA is not executed by July 1, 2006, the six (6) month time extension will not be granted. E. WDRs and SSMP AVAILABILITY 1. A copy of the general WDRs and the certified SSMP shall be maintained at appropriate locations (such as the Enrollee's offices, facilities, and/or Internet homepage) and shall be available to sanitary sewer system operating and maintenance personnel at all times. F. ENTRY AND INSPECTION 1. The Enrollee shall allow the State or Regional Water Boards or their authorized representative, upon presentation of credentials and other documents as may be required by law, to: a. Enter upon the Enrollee's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order; 4-23 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 18 of 20 5/2/06 c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and d. Sample or monitor at reasonable times, for the purposes of assuring compliance with this Order or as otherwise authorized by the California Water Code, any substances or parameters at any location. G. GENERAL MONITORING AND REPORTING REQUIREMENTS 1. The Enrollee shall furnish to the State or Regional Water Board, within a reasonable time, any information that the State or Regional Water Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The Enrollee shall also furnish to the Executive Director of the State Water Board or Executive Officer of the applicable Regional Water Board, upon request, copies of records required to be kept by this Order. 2. The Enrollee shall compiy with the attached Monitoring and Reporting Program No. 2006-0003 and future revisions thereto, as specified by the Executive Director. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. 2006-0003. Unless superseded by a specific enforcement Order for a specific Enrollee, these reporting requirements are intended to replace other mandatory routine written reports associated with SSOs. 3. All Enrollees must obtain SSO Database accounts and receive a "Username" and "Password" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO Database. Additionally, within 30days of receiving an account and prior to recording spills into the SSO Database, all Enrollees must complete the "Collection System Questionnaire", which collects pertinent information regarding a Enrollee's collection system. The "Collection System Questionnaire" must be updated at least every 12 months. 4. Pursuant to Health and Safety Code section 5411.5, any person who, without regard to intent or negligence, causes or permits any untreated wastewater or other waste to be discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State, as soon as that person has knowledge of the discharge, shall immediately notify the local health officer of the discharge. Discharges of untreated or partially treated wastewater to storm drains and drainage channels, whether man-made or natural or concrete-lined, shall be reported as required above. Any SSO greater than 1,000 gallons discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State shall also be reported to the Office of Emergency Services pursuant to California Water Code section 13271. 4-24 State Water Resources Control Board Order No. 2006-0003 Statewide Generalll1tVR For Wastewater Collection Agencies Page 19 of 20 5/2/06 H. CHANGE IN OWNERSHIP 1. This Order is not transferable to any person or party, except after notice to the Executive Director. The Enrollee shall submit this notice in writing at least 30 days in advance of any proposed transfer. The notice must include a written agreement between the existing and new Enrollee containing a specific date for the transfer of this Order's responsibility and coverage between the existing Enrollee and the new Enrollee. This agreement shall include an acknowledgement that the existing Enrollee is liable for violations up to the transfer date and that the new Enrollee is liable from the transfer date forward. I. INCOMPLETE REPORTS 1. If an Enrollee becomes aware that it failed to submit any relevant facts in any report required under this Order, the Enrollee shall promptly submit such facts or information by formally amending the report in the Online SSO Database. J. REPORT DECLARATION 1. All applications, reports, or information shall be signed and certified as follows: (i) All reports required by this Order and other information required by the State or Regional Water Board shall be signed and certified by a person designated, for a municipality, state, federal or other public agency, as either a principal executive officer or ranking elected official, or by a duly authorized representative of that person, as described in paragraph (ii) of this provision. (For purposes of electronic reporting, an electronic signature and accompanying certification, which is in compliance with the Online SSO database procedures, meet this certification requirement.) (ii) An individual is a duly authorized representative only if: (a) The authorization is made in writing by a person described in paragraph (I) of this provision; and (b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity. K. CIVIL MONETARY REMEDIES FOR DISCHARGE VIOLATIONS 1. The California Water Code provides various enforcement options, including civil monetary remedies, for violations of this Order. 2. The California Water Code also provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or 4-25 State Water Resources Control Board Order No. 2006-0003 Statewide General WDR For Wastewater Collection Agencies Page 20 of 20 5/2/06 falsifying any information provided in the technical or monitoring reports is subject to civil monetary penalties. L. SEVERABILITY 1. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby. 2. This order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the Enrollee from liability under federal, state or local laws, nor create a vested right for the Enrollee to continue the waste discharge. CERTIFICATION The undersigned Clerk to the State Water Board does hereby certify that the foregoing is a full, true, and correct copy of general WDRs duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 2, 2006. AYE: Tam M. Doduc Gerald D. Secundy NO: Arthur G. Baggett ABSENT: None ABSTAIN: None ~ ~I/ ~I - Song Her Clerk to the Board 4-26 o . > . > ~. .' o z o . > . > ~~ o z o < > < ~; ..[LU o :: EZ:][J ~ . p"n" ~ ~~ ~ ~ ~ ~ ~ ~ li: ~ ~ ~ ... u. >- o . o ~ " z ~ ! ~ ~ . ~ ~ . 5 ~ Z U . o ~ o Ii Ii I 11 11 11 11 11 HHH~~ i ! ... ;l; .... if lL lL uqn .,,&~~~~~ ..o_~.._o ilj!l 1 !I ! II ..:1::.......... .. n ~ i , . 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Ii if it. otl;. !!I ~~ ~ .: , . i ! . s ~ , !.-~~ r; r; ~ I- ~ <> ~ ~ l!! i ill ~ i i ii ~ .. ~ ~ I . u ~ J '" i:i ii ii ill ~ i i i j..!~!! ~ i ! _ ... '" .1l;ll ~ ! ~ ~ ! j ! J i . . . [[ ~ ~ ~ i . , , , . . . S $ ~ ! i . . ~ f 1 i ! ! f ! < ! ~ ! j } , i I ~ ~ -! 1i !l! 1 " '" } ~ ~ ; 1 -i 'if 0.. f Ii <3 ~ 1 ~ 'll -8 Ii ~ i 1 ; 1 ~ . ' ~ j i I g 1 a I i . . ! 0 h I i ~ ~ Ii .! ~; ~ li <3i l- '8 ~~ ~ t ., !! ;~ t t a '5 ~ :1 , ; '::. U ] ~~ I. i i l , , . ! ] i . . " t 1 I I" I ! ! i ~ i . i ! J i .. t ! i i 'f-'_.~ i j . ! i ! t 0.. ~ ~ 1 ~;t I ) x . lD ] ::l g · l I i ! :F - ::l Ii 1 ~ '5: l ~ "I 'I ;.!!!. I I j . ! ot :I ~@ ~r; " .> t~ .0 RESOLUTION NO. RESOLUTION APPROVING THE PLAN AND SCHEDULE FOR THE PREP ARA TION OF A SEWER SYSTEM MANAGEMENT PLAN FOR THE CITY OF CHULA VISTA IN ACCORDANCE WITH THE STATE WATER RESOURCES CONTROL BOARD W ASTEW ATER DISCHARGE REQUIREMENTS ORDER # 2006-0003-DWQ WHEREAS, on May 2, 2006, the State Water Resources Control Board (SWRCB) adopted Wastewater Discharge Requirements (WDR) Order #2006-0003-DWQ (Order); and WHEREAS, this Order mandated all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly- owned treatment facility in the State of California to develop and implement a system-specific Sewer System Management Plan (SSMP); and WHEREAS, in March 2007, staff presented an Informational Memorandum to Council, which outlined the City's plan and schedule for compliance with this Order; and WHEREAS, the SWRCB recently clarified the terms of this Order and now requires all agencies obtain their governing board's approval of the Sewer System Management Development Plan, Schedule and final SSMP prior to certification by the SWRCB as complete and in compliance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it approves the plan and schedule for the City of Chula Vista's implementation of the SWRCB Wastewater Discharge Requirements Order #2006-0003-DWQ. Presented by Approved as to form by Scott Tulloch City Engineer/Acting City Manager '---t!~ /C. ~ Ann Moore City Attorney H:\ENG[NEER\RESOS\Resos2007\07~17-07\SSMP schedule reso revised by ec,doc 4-28 CITY COUNCIL AGENDA STATEMENT ~f:. CIIT OF ~~ CHULA VISTA 07/17/2007 Item~ ITEM TITLE: RESOLUTION APPROVING A REFUND OF $1.8 MILLION IN THE FORM OF TOLL CREDITS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001, ON A PRORATED BASIS TO THE CURRENT RECORD OWNERS OF PROPERTY FROM WHICH THE INTERIM SR-125 DEVELOPMENT IMPACT FEES WERE COLLECTED. RESOLUTION APPROVING A TRANSFER OF $1.8 MILLION FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND (TDIF) TO AN INTEREST EARNING DEPOSIT ACCOUNT TITLED - SR125 DIF REFUNDS, AND ALLOWING FOR THE EXPENDITURE OF THE FUNDS IN A MANNER CONSISTENT WITH THIS RESOLUTION. SUBMITTED BY: REVIEWED BY: ~ CITY ENGINEER :t 'f\ "" "'" CITY MANAGER ~....., 0-- 4/5THS VOTE: YES ~ NO D BACKGROUND California Government Code section 66001(e) provides that excess development impact fees collected shall be refunded to the then-current record owner of the lots or units, as identified on the last equalized assessment roll on a prorated basis with any interest accrued thereon. Fees collected for the Interim SRI25 DIF have been allocated to projects identified for the Interim SR125 DIP Program. City staff estimates that approximately $1.8 million in combined principal and interest remains after accounting for all anticipated projects. California Government Code section 66001 (e) provides that the local agency may refund the unexpended revenues by direct payment or by any other reasonable means. Tonight, the City Council will consider refunding the remaining development impact fees and authorizing the City Finance Department to allocate and disburse the fees in accordance with staffs recommendation. 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 defmed under Section 15378 of the State CEQA Guidelines because it involves only a refund of fees paid to the Interim SR -125 DIF and does not result in any changes to the physical environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 5-1 07/17/2007,Item~ Page 2 of5 RECOMMENDATION That Council approve the following: I. Resolution approving a refund of $1.8 million in the form of toll credits, pursuant to California Government Code section 66001, on a prorated basis to the current record owners of property from which the Interim SR-125 Development Impact Fees were collected. 2. Resolution approving a transfer of $1.8 million from the Transportation Development Impact Fee Fund (TDIF) to an interest earning Deposit Account titled - SRI25 DIP Refunds, and allowing for the expenditure of the funds in a manner consistent with this Resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Fees collected for the Interim SRI25 DIF have been allocated to projects identified for the Interim SRI25 DIF Program. Staff has identified a remaining amount of $1.8 million of combined principal and interest (see Attachment 1). According to California Government Code section 6600 I (e), the excess fees collected may be refunded to the then-current record owner of the lots or units, as identified on the last equalized assessment roll on a prorated basis with any interest accrued thereon. Though the fees may be refunded directly, the law also permits the City to refund the monies by any reasonable means. Staff believes that in light of costs and staff time associated with processing individual checks for the approximately 17,620 residential property owners, as well as the approximately 66 commercial and industrial property owners, a more efficient manner of providing a refund to all of the record owners would be through the proposed refund program described below. Proposed Refund Program: A refund of excess fees may only be made to the current record property owners of parcels that paid the original fee. Such refund must be made on a prorated basis; thus, parcels that were charged more, based on their zoning, number of units, or size, would receive a proportionately higher amount of a refund. As the Council has discretion in how to refund the monies, staff is recommending a refund program that has an incidental benefit of improving the flow of traffic within the City, a purpose for which the fees were originally collected. In the view of staff, such a benefit would increase the value of the refund to the Property Owner and would be consistent with other City objectives and goals without reducing the cash value of the refund to the Property Owners. The number of residential properties, east of the 1-805 Freeway, who paid the interim SR-125 DIF (collected between January 1995 and April 2004) is set forth in the table below: Residential Units Apartments Condominiums Duplex or Senior Single Family Total Townhome Housing Residential Units 2,389 2,135 441 204 12,451 17,620 5-2 07/17/2007, ItemS- Page 30[5 An additional 66 commercial and industrial property owners paid into the interim SR-125 DIF program as well. Councilmembers, who are also Property Owners and who may participate in the decision making related to the adoption of this refund program, will not receive any of the benefits described under the refund program and will not be permitted to participate in the refund program in any manner. The refund program shall be implemented as described below: . SBX would create an express trust and associated documents on behalf of all of the Property Owners. . The trust "res" would be toll credits for the SR -125 in the amount of $1.8 million. . The dollar amount of toll credits placed in trust for each Property Owner would vary in amount depending on the type of property owned and the proportion that the property contributed to the $1.8 rnillion total. The City will be responsible for advising SBX of the eligible Property Owners and the respective refund amounts. . SBX would notifY the Property Owners of the existence of the refund program and the credits in trust through direct mail and notice in a local newspaper of general circulation. . The notice would do all of the following: o Indicate that in order to take advantage of the refund program and obtain the credits in trust, the Property Owner must establish a South Bay Expressway [SBX] FasTrak account for the toll road SR-125 o Explain the manner in which a [SBX] FasTrak account can be established (The manner in which an account can be established is set forth below). o Explain that Property Owner has up to six months to establish a [SBX] FasTrak account and make clear that a failure to establish such account will result in a forfeiture of the refund. The possibility of forfeiture will be made clear by using larger font, contrasting colors, different font type, or other techniques to make the language clear and visible on the notice. . In order to ensure maximum participation in the refund program, an aggressive program will be undertaken to notifY and encourage Property Owners to take advantage of the refund program. Multiple mailings and other forms of advertising will be used to maximize the visibility of the refund program. . After SBX has created the trust and sent out the initial notification by direct mail and in a local newspaper of general circulation, the City would fund the trust with the $1.8 million of remaining Interim SR-125 DIF fees. . A Property Owner would then be required to open the SBX FasTrak account, which would have an associated account number. . Once an SBX FasTrak is opened and account number is assigned, SBX will transfer the Property Owner's credit balance to their SBX account and the Property Owner would be able to extinguish the credit balance through use of the SR-125 toll road. . At the completion of the six-month enrollment period, SBX would notifY the City of forfeited funds, if any, which SBX shall use in a manner approved by the City Manager consistent with the goal of improving traffic circulation. The proposed Refund Program is designed to meet the requirements of California Government Code sections 66000 et seq., by providing refunds to the current Property Owners of excess fees paid in a reasonable manner. Through this refund method, which credits the FasTrak accounts of 5-3 07117/2007, Item~ Page 4 of5 the Property Owners, an added benefit to the refund is created by alleviating overcongestion on City streets and enhancing the quality oflife of the Property Owners. FasTrak uses Radio Frequency Identification (RFID) technology to read data from a transponder placed in a vehicle (usually mounted by velcro strips to the inside windshield) moving at full highway speed. The RFID transponder in each vehicle is associated with a prepaid debit account. Each time the vehicle passes underneath a toll collection site, the account is debited to pay the toll. When a FasTrak account runs low, the toll credit balance is automatically replenished using the credit or debit card or by cash/check replenishment, at the customer's choice. FasTrak customers receive significant discounts over those who choose to pay cash for their trip. The South Bay Expressway/SR-125 fee schedule is attached (Attachment 2). Under the refund program, all program participants would have to open a SBX FasTrack account and all standard terms and conditions of such accounts would apply. Typically, FasTrak requires an individual to open an account, to make an initial deposit to prepay tolls and provide a method for replenishing the account, once the balance is depleted. With the refund program, the Property Owners who open a FasTrak account would not have to make a initial deposit to prepay tolls, as the refund would act as their deposit. In addition, if a Property Owner opens an account using a credit card or automatic bank draft as the account replenishment method, no security deposit would be required for the FasTrak transponder. If the Property Owner uses cash or check as their replenishment method, a $35 security deposit would be required for the FasTrak transponder. Staff undertands that SBX has begun establishing accounts. Eligible participants that open a FasTrak account prior to the toll credit program taking effect will have their allocation automatically applied to their FasTrak account and they will be notified accordingly. Potential Program Benefits The City's traffic studies for the toll facility show that the difference in volumes between the north end of the City and the south end of the City are projected to be approximately 40,000 trips per day. These 40,000 trips originate or terminate within the City of Chula Vista and could use the toll road instead of the 1-5 or I-80S freeways or the local north/south arterials. When considering the potential effect of a Refund Program that provides toll credits for eligible properties, it is reasonable to assume that the availability of a toll credit will encourage a greater number of users than might otherwise be utilizing this facility. It is anticipated that traffic volume decreases related to the opening of the SR-125 will be most significant on the local arterial approaches from eastern Chula Vista to I-80S such as Bonita Road, East H Street, Telegraph Canyon Road, East Orange Avenue/Olympic Parkway, and Main Street and for local trips, streets that parallel South Bay Expressway between East H Street and Birch Road. Motorists in central (between I-80S and SR-125) and western (west ofI-805) Chula Vista would benefit by a corresponding reduction in traffic volumes along the I-80S corridor and to some extent on the 1-5 corridor, especially during the peak commute times. 5-4 07/17/2007, Item~ Page 5 of 5 Local Trip Toll Free Period Although not directly related to Refund Program, as part of an overall traffic reduction program, for up to three months from date of the South Bay Expressway opening or until a value of $400,000 is reached, all local travel on South Bay Expressway from East H Street to Birch Road would be toll-free; thereby relieving overall congestion on eastern territory roads for the benefit of all. This program will be funded separately by SBX. To the extent that SBX incurs expenses to market the Toll Credit Program to eligible properties (program development, advertising, direct mail, events, etc.) those expenses would be deducted from the $400,000 local trip toll-free program funds and the available amount/time period for the program would be adjusted accordingly. To the extent that allocated funding for local trip toll-free travel value is achieved prior to the end of three months, the local trip free travel program would be terminated, unless other arrangements are agreed to between the City and SBX to continue the program. DECISION MAKER CONFLICT As noted above, Councilmembers, who are also Property Owners and who may participate in the decision making related to the adoption of this refund program, will not receive any of the benefits described under the refund program and will not be permitted to participate in the refund program III any manner. FISCAL IMPACT There is no impact to the City's General Fund as a result of this action. Project funds in the amount of $1.8 million will be appropriated from the available fund balance of the TDIF fund. These monies are comprised of fees collected for the Interim SR-125 DIF, transferred to the available fund balance of the TDIF in June of 2005 per Resolution 2005-156. ATTACHMENT I. Interim SR-125 DIF Fund Summary 2. South Bay Expressway/SR-125 Toll Fee Schedule J :\EngineerIAGENDA ICAS2007107 -17 -07ISR 125 .AGEND AST A TEMENT. TDIFRefundv4.071707 .doc 5-5 INTERIM SR-125 DIF FUND SUMMARY CATEGORY REVENUES Fee Revenues Estimated Interest Eamings TOTAL REVENUES DESCRIPTION AMOUNT (MILLIONS) $ 15.5 $ 4.0 $ 19.5 EXPENDITURES Operating Expense Project Expense Project Expense Other Expenses Forgiveness of Debt Project Expense TDIF Project #67 TDIF Project #68 TOTAL EXPENDITURES Program Administration & City Staff Services Interim SR-125 Facility Phase I SR-125 Franchise Review Settlement Contribution Ramp Widening - East H Street @ N 1-805 Transportation Demand Management (TDM) SR-125 Overpass @ Rock Mountain Road SR-125 Overpass @ Otay Valley Road $ $ $ $ $ $ $ $ $ (1.6) (0.6) (0.2) (1.4) (3.4) (0.2) (4.5) (5.8) (17.7) ESTIMATED REFUND AMOUNT $ 1.8 SR125 DIF Fund Analysis - Summary (2) 5-6 A\to..c.l'lm€Jrf- I 07/09/2007 Ati--a-w m -v--n- 2- South Bay Expressway Toll Schedule From Otay Mesa Road 10 SR.54 S3.50 $3.75 . SPRING VALLEY Frum Otay Mesa Road 10 Birch Ruad. Olympic Parkway, Otay lakes I Telegraph Canyon Road $2.50 $3.75 .. Dr East H Slrool Any local trip botwoon Birch Road and BONITA 75C $2.50 San Miguel Rancl1 Road East H Stroet From Birch Road. Olympic Parkway, olay lakes I East H Street Telegraph Canyon Rnad Of Easl H Street $2.00 $2.50 to SR-54 Olay Lakes/Telegraph Cyn. from San Miguel Ranch Road 10 SR.54 $1.50 $2.00 Olympic Parkway CHULA VISTA Birch Read Origin I Destination from SR.54 to San Miguel Ranch Road I From S8.54 to East H Slreet otay lakes I I[ Tolegraph Canyon Road, Olympic Parkway Dr Birch Road FasTrak Cash $1.50 $2.DD A Olay Mesa Road r- I Any local trip botwoon East H Strool and 75C $2.50 I Birch Road I From East H Stroet Oley lakes I Telegraph $Z.5D $3.75 ! Canyon Road, Olympic Parkway or Birch Road lID olay Mosa Road , I Frum S8-54 10 Otay Mesa Road $3.50 $3.75 otay Mesa Border Crossing . I ----------1 MEXICO I I I , $Z.Oo , $,," I UNITEO STATES OTAY MESA ~ South Bav expressway Pd !iH i ) !:.ick d:I~;_"'ii 5-7 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REFUND OF $1.8 MILLION IN THE FORM OF TOLL CREDITS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001, ON A PRORATED BASIS TO THE CURRENT RECORD OWNERS OF PROPERTY FROM WHICH THE INTERIM SR-125 DEVELOPMENT IMPACT FESS WERE COLLECTED WHEREAS, the Interim SR-125 Development Impact Fee [SR-125 DIF] was established by Ordinance No. 2579 in January 1994 to ensure that sufficient funds would be available to construct a north-south transportation corridor should the SR-125 freeway not be constructed in time to serve impending development; and WHEREAS, in May 2005, the City Council adopted Ordinance No. 3029 amending the Transportation Development Impact Fee [TDIF] Program, and Resolution No. 2005-156 transferring the fund balance of the SR-125 DIF fund to the TDIF fund; and WHEREAS, fees collected for the Interim SR125 DIF have been allocated to projects identified for the Interim SR125 DIF Program and staff estimates that approximately $1.8 million in combined principal and interest remains after accounting for all anticipated projects; and WHEREAS, California Government Code section 6600l(e) provides that excess development impact fees collected shall be refunded to the then-current record owner of the lots or units, as identified on the last equalized assessment roll on a prorated basis with any interest accrued thereon and that the local agency may refund the unexpended revenues by direct payment or by any other reasonable means; and WHEREAS, if the City, consistent with California Government Code section 66001 (e), provides the refund of the excess $1.8 million to the eligible property owners in the form of toll credits for the SR-125 toll road, the City will be able to obtain a volume discount of up to $400,000 from SBX in additional toll credits for the 3 month period following the opening of the SR-125, which should encourage the use of the toll road. Additionally, by refunding the excess DIF contribution in this manner, the City will promote its transportation management goals by relieving congestion on surface streets; and WHEREAS, 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 because it involves only a refund of fees paid to the Interim SR-125 5-8 Resolution No. 2007- Page 2 DIF and does not result in any changes to the physical environment and therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, the City Council of the City of Chula Vista hereby approves a refund of $1.8 million in the form of toll credits for the State Route-125 Toll Road on a prorated basis to the current record owners of property from which the Interim SR-125 Development Impact Fees were. Scott Tulloch City Engineer Presented by H:\ENGINEER\RESOS\ResoslOO7\01-17-07\STM365 SRI25 Toll Credit Refunds Reso,doc 5-9 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TRANSFER OF $1.8 MILLION FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO AN INTEREST EARNING DEPOSIT ACCOUNT TITLED - SRI25 DIF REFUNDS, AND ALLOWING FOR THE EXPENDITURE OF THE FUNDS IN A MANNER CONSISTENT WITH THIS RESOLUTION WHEREAS, the Interim SR-125 Development Impact Fee [SR-125 DIF] was established by Ordinance No. 2579 in January 1994 to ensure that sufficient funds would be available to construct a north-south transportation corridor should the SR-125 freeway not be constructed in time to serve impending development; and WHEREAS, in May 2005, the City Council adopted Ordinance No. 3029 amending the Transportation Development Impact Fee [TDIF] Program, and Resolution No. 2005-156 transferring the fund balance of the SR-125 DIF fund to the TDIF fund; and WHEREAS, fees collected for the Interim SR125 DIF have been allocated to projects identified for the Interim SR125 DIF Program and staff estimates that approximately $1. 8 million in combined principal and interest remains after accounting for all anticipated projects; and WHEREAS, California Government Code section 6600l(e) provides that excess development impact fees collected shall be refunded to the then-current record owner of the lots or units, as identified on the last equalized assessment roll on a prorated basis with any interest accrued thereon and that the local agency may refund the unexpended revenues by direct payment or by any other reasonable means; and WHEREAS, staff believes that in light of costs and staff time associated with processing individual checks for the approximately 17,620 residential and 66 commercial and industrial property owners, a more efficient manner of providing a refund to all of the record owners would be in the form oftoll credits; and WHEREAS, if the City, consistent with California Government Code section 6600l(e), provides the refund of the excess $1.8 million to the eligible property owners in the form of toll credits for the SR-125 toll road, the City will be able to obtain a volume discount of up to $400,000 from SBX in additional toll credits for the 3 month period following the opening of the SR-125, which should encourage the use of the toll road. Additionally, by refunding the excess DIF contribution in this manner, the City will be able to promote its transportation management goals by relieving congestion on surface streets; and 5-10 Resolution No. 2007- Page 2 WHEREAS, the City Council has considered the method of refunding the excess development impact fees collected and determined that it is a reasonable method of refunding the fees pursuant to California Government Code section 66001(e) and authorizes the City Finance Department to allocate and disburse the fees in accordance with staffs recommendation, which requires SBX to create an Express. Trust and associated documents on behalf of all of the affected Property Owners, requires SBX to notify said Property Owners of the existence of the refund program, after which time the City will fund the trust with the $1.8 million to be credited to the balances of the Property Owner's accounts; and WHEREAS, 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 because it involves only a refund of fees paid to the Interim SR-125 DIF and does not result in any changes to the physical environment and therefore, pursuant to Section 15060 (c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, the City Council of the City of Chula Vista hereby approves a transfer of $1.8 million from the Transportation Development Impact Fee to an interest earning Deposit Account titled - SRI25 DIF Refunds, and allows for the expenditure of funds in a manner consistent with this resolution. Presented by Scott Tulloch City Engineer H:\ENGINEER\RESOS\Resos2007\07-17-07\STM365 TDIF fund transfer 10 SRl2S TD(F Refunds Reso_doc 5-11 CITY COUNCIL AGENDA STATEMENT Meeting Date: 07/17/07 Item....w- SUBMITTED BY: REVIEWED BY: RESOLUTION AUTHORIZING THE CITY OF CHULA VISTA TO BECOME A PARTICIPATING AGENCY OF THE METRO W ASTEW A TER JOINT POWERS AUTHORITY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO FINALIZE THE TERMS OF THE JPA AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATER JPA ADDING CHULA VISTA AS A PARTICIPATING AGENCY; APPOINTING THE MAYOR TO THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; APPOINTING COUNCILMEMBER CASTANEDA AS THE ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; AND APPOINTING THE CITY MANAGER OR DESIGNEE AS THE SECOND ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO W ASTEW A TER JPA. CITY ENGINEER I~~- /' CITY MANAGER ~y 4/5THS VOTE: YES NO X ITEM TITLE: BACKGROUND Currently, the City of Chula Vista holds membership alongside 14 other Participating Agencies in the Metro Commission, which was created in 1997 as part of an agreement with the City of San Diego to give members a means of providing input on discussions related to the operation and maintenance of the Metropolitan Sewerage System. In 2000, some of the members on the Metro Commission elected to form a Joint Powers Authority (JPA) to enable them to have an alternative financing mechanism to fund their cost of the Metro expenditures should a situation arise in which San Diego is unable to secure financing for both the members and the City of San Diego. At that time, the City elected, by Resolution 2000-122, not to join the JP A, and has since become the only contract agency that is not a member of the JP A. For various reasons discussed below, Staff is now recommending that the City join the JPA. 6-1 Page 2, Item W Meeting Date 07/17/07 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 because the agreement does not authorize any activity that will result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council approve the Resolution authorizing: 1. The City of Chula Vista to become a Participating Agency of the Metro Wastewater JPA. 2. The City Manager or Designee to finalize the terms of the JP A Agreement. 3. The Mayor to Execute the Third Amendment to the Joint Exercise of Powers Agreement Metro Wastewater JP A adding Chula Vista as a Participating Agency. 4. The Mayor to act as the Board Member for the City of Chula Vista on the Board of Directors of the Metro Wastewater JP A. 5. Councilmember Castaneda to act as the Mayor's Alternate on the Board of Directors of the Metro Wastewater JPA. 6. The City Manager or Designee to act as the Mayor's Second Alternate on the Board of Directors of the Metro Wastewater JP A. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION There are many factors involved with reconsidering the City of Chula Vista's non-member status in the Metro JP A. The following discussion is intended to provide a historical context for the City's current non-member status in the JP A, address financial issues related to secondary treatment challenges, outline the City's capacity situation, and summarize the JP As interest in an alternati ve joint governance structure. 1. History of Chu/a Vista's Non-Member Status in the Metro lPA The Metro Commission was created in 1997 as part of an agreement with the City of San Diego, the terms of which allow Participating Agencies (PAs) a means of providing input on discussions related to the operation and maintenance of the Metropolitan Sewerage System. It also enabled the Commission to act as an advisory board to the City of San Diego City Council in regard to Metro issues. The Commission consists of elected officials and alternates (staff) of the fifteen PAs. The City of San Diego participates on the Metro Commission as an ex-officio member. 6-2 Page 3, Item tp Meeting Date 07/17/07 All wastewater treatment systems are under a federal mandate by the Environmental Protection Agency (EPA) to comply with the Clean Water Act (CW A). In the City of San Diego's case, this act required an upgrade to the Point Lorna Treatment Plant from a Primary Treatment plant to a Secondary Treatment plant. After a series of negotiations with the EPA, San Diego was granted a waiver under the provisions of the Ocean Pollution Reduction Act (OPRA) that allowed operation of the Point Lorna plant as an advanced primary treatment facility with the construction of a variety of required improvements. Subsequently, San Diego began financing approximately 100% of the capital improvement program (CIP) projects with bonds. The debt service of the bonds is paid proportionately approximately 70% by San Diego and 30% by the PAs over time, based on the terms of the agreement. These percentages also reflect the respective percentage of sewage flows generated by San Diego and the PAs. This approach enabled the PAs to pass on the enormous cost of these CIP projects to ratepayers gradually, over a period of time in small incremental on-going sewer rate increases. In the late 1990s, the City of San Diego began nearing the limits of its bonding capacity and was then planning on funding at least 30% of the required CIP on a "pay as you go" annual basis. This meant that the PAs would have to pay their share of the capital costs as the City of San Diego incurred them. It was anticipated that this revised approach could cause significant spikes in the quarterly payments that the PAs made to San Diego for wastewater treatment that could then be experienced by ratepayers. Since most agencies do not have operating funds with significant cash reserves, it would have meant that the agencies would need to implement sharp rate hikes in order to cover their costs. To regain the benefits of bonding, including the ability to implement gradually phased rate increases, for these costly CIP projects, the PAs proposed the formation of a Joint Powers Authority with the authority to sell bonds to pay these high one-time costs over several years, and to share the financial risk amongst themselves. As a result, the JP A was created primarily for financing and bonding purposes. Although the City of Chula Vista (City) held membership as a PA in the Metro Commission, and was thus subject to the repercussions of the financing changes proposed by San Diego at that time, the City opted not to join the proposed JP A. Because the City had access to cash reserves of its own in the Trunk Sewer Capital Reserves fund, there was no need to raise funds with the JPA group. In addition, the relationship between the PAs and San Diego, and amongst the PAs themselves, could be described as contentious at that time. Since the City's flows account for 25% of the 30% PA flow input (approximately 8% of the total system flow) into the Metro system, and since costs are allocated to agencies based on their percentage of flow in the system, the City sought to avoid the possibility of finding itself responsible for a similarly high share of the costs of any legal repercussions that might result from the formation and actions of the JP A. It was determined that the City would not gain any financial benefits by joining the JPA but, rather, could incur unnecessary risks to the City's bonding capacity and exposure to potential litigation. Thus, on April 18, 2000, City Council approved Resolution 2000-122 rejecting membership in the JPA. 6-3 Page 4, Item &; Meeting Date 07/17/07 More recently, considerable discussion regarding the City's membership in the lPA has taken place at Metro Commission meetings. Because Chula Vista generates a significant amount of the total P A flow, the City's membership in the lP A would enable the JP A to present a unified front to the City of San Diego and other agencies in the region. It is primarily for this reason and the current challenges regarding secondary treatment that the lP A membership has been persistent in its request that Chula Vista re-evaluate its position and that staff is recommending the City proceed with joining the lP A. II. City of San Diego OPRA Permit Issue Historically, San Diego has had the financial capability to make independent financial arrangements (i.e., issued bonds or obtained loans) necessary to fund required Metro improvements. The costs are ultimately allocated to the PAs based on their percentage of flows in the system. However, in the last few years, San Diego has faced significant financial challenges, which may potentially impact their bond rating and their ability to pre-fund required improvements. In light of these developments, the PAs retained the services of a Bond Counsel to conduct a feasibility study regarding the lPA independently financing either their portion of the costs or the whole cost including San Diego's portion if for some reason San Diego is unable to tinance the PAs portion of the costs. This approach could also be utilized if, due to San Diego's bond rating, the PAs are able to get better terms than San Diego. Since the magnitude of costs related to secondary treatment may be quite significant, it could present a considerable challenge for the City of Chula Vista to fund these costs on its own. Therefore, staff recommends that the City join the JPA and align with other PAs, who are also facing this potentially significant expenditure, in finding the most viable means of funding these required improvements should San Diego enter into a consent decree to upgrade the Point Loma Treatment Plant to Secondary Treatment. III. Metro Capacity Acquisition Concurrent with the General Plan Update, the City updated the Wastewater Master Plan. This Plan evaluated the long-term Metro capacity needs of the City with the goal of ensuring that the City had adequate capacity rights in the Metro system to sustain projected development. Based on current projections, the City's existing Metro capacity rights may be exceeded by year 201l. Current projections indicate that the City will need to either acquire or create an additional 5-6 mgd of treatment capacity to sustain the City to buildout. Membership in the lP A could facilitate positive relationships with other PAs and with San. Diego, an important component to the City acquiring additional capacity from agencies that may have capacity available. IV. Joint Governance Structure Currently, the issue of JP A membership is more pressing as discussions regarding a change in the governance/ownership structure of the Metro system gain momentum. Recently, lPA representatives met with City of San Diego staff to discuss the issue of joint governance. The lP A's recent push to revisit this issue of governance and the possibility of forming a new District to serve as a regional authority to operate and maintain the sewerage system is a major reason behind why the lP A has encouraged the City of Chula Vista to reevaluate its membership status. It seems clear that most Metro PAs would like to see the lP A become an organization with a strong regional voice in discussions of water and sewer-related issues and, if possible, assume a more direct role in governance of San Diego's Metropolitan Sewer System. In so doing, the PAs have determined that a major element in the implementation ofthis vision is the inclusion of the City of 6-4 Page 5, Item iD Meeting Date 07/17/07 Chula Vista as a member of the JPA. Chula Vista's membership in the IPA and support of this initiative could lend a significant amount of credibility to the process. Furthermore, the City of Chula Vista has an interest in the future direction of the JP A. especially with regards to how excess capacity is allotted to Participating Agencies. Under consideration is a change in how capacity is distributed throughout the PAs. Historically, PAs have been able to retain whatever capacity they have been granted but have not used (their excess capacity). It is 'within this context that Chula Vista is currently exploring options for purchasing this excess capacity from other agencies to offset the City's own predicted shortage. However, a change in the JP A governance structure may result in the creation of a "pool" of capacity available to the County as a whole. As the IP A explores other methods of allocating capacity, the City having a formal membership in the JPA increases the opportunity to influence its structural direction. The City's membership in the IPA would grant the City a seat in the JPA strategy meetings, which would enhance the City's ability to influence the ultimate outcome of the process. Finally, there is a higher level of trust amongst PAs today than there was a decade ago. Though one of the City's initial concerns regarding IPA membership was the risk of litigation, the possibility of legal action amongst members or actions that may have a negative impact on the City's development or future growth plans does not seem likely in the foreseeable future. Amendments to Current JPA Agreement In preparing to recommend JPA membership to the City Council, staff has worked closely with the IP A and their legal counsel regarding desired changes to the current standard agreement. Of most significance is the desire to add a Termination Provision that explicitly sets out the procedure required for an agency wanting to leave the IP A. The City Manager will ensure all changes required by the City of Chula Vista are in place before proceeding with formal execution of the Agreement by the Mayor. Designation of Board Member and Alternates Council approval of these resolutions would enable the City of Chula Vista to become a Participating Agency of the Metro Wastewater Ioint Powers Authority. It would also authorize the Mayor to act as the Board Member for the City of Chula Vista on the Board of Directors of the Metro Wastewater JPA. Furthermore, retaining the structure recently approved by the Council for the Metro Commission, the resolution would designate Councilmember Castaneda to act as the Mayor's Alternate on the Board of Directors of the Metro Wastewater JPA. Finally, it would designate the City Manager or his/her Designee to act as the Mayor's Second Alternate on the Board of Directors of the Metro Wastewater IP A. CONCLUSION Chula Vista's membership in the JPA would enhance the Authority's standing, which benefits the other PAs and hence enables a more cooperative environment. As a member of the IPA, Chula Vista would increase the options available to fund the costs that will be required if San Diego is 6-5 Page 6, Item (p Meeting Date 07/17/07 mandated to upgrade to Secondary Treatment. In addition, membership may help to facilitate Chula Vista's acquisition of capacity rights, as other PAs may then be more willing to engage the City in discussions regarding the sale of reserve capacity available within the system. Finally, Chula Vista's membership in the JPA would grant the City a stronger voice in the discussions regarding the JPA's governance structure and future direction. In conclusion, based on the issues discussed above, staff recommends to Council that the City reconsider its current position and become a member of the Metro JP A. DECISION MAKER CONFLICT 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 l8704.2( a)( 1) is not applicable to this decision. FISCAL IMPACT The City currently spends approximately $25,000 - $40,000 per year as its share of the Metro Commission expenditures (depending on the amount of consultant services utilized). Joining the JP A could result in additional expenditures of $10,000 - $15,000 annually, since the City will now be liable for costs that were previously considered JP A-related from which the City had been exempt. This increase in expenditure can be funded through available Sewer Service Revenue Funds. Currently, the amount budgeted for this expenditure in Fiscal Year 2007/2008 is anticipated to be adequate to meet the City's obligation; therefore no other fiscal action is required at this time. EXHIBITS A. Joint Exercise of Powers Agreement B. First Amendment to the Joint Powers Agreement C. Second Amendment to the Joint Powers Agreement D. Third Amendment to the Joint Powers Agreement (Draft) Prepared by: Anthony Chukwudolue, Sr. Civil Engineer, Engineering Department J :\Engineer\AGENDA ICAS2007107 -17 -07\JP A- Membershiprevised.ac.doc 6-6 I ~'L ,,' ,.. "llI. ' . , . . '..... ." . '.' ,: - . ", ' . EXHIBIT I\i October 25, 2000 , JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATERJPA ' i I i I I i I I I I i I I SDPIJIlO4C'23"SI97 6-7 .- ..... ',~ . . ,." " : . .. . JOINT EXERCISE OF POWERS AGREEMENT METRO WASTEWATERJPA THIS JOINT POWERS AGREEMENT (the "Agreement"), dated . is entered into by and betWeen the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal coiporation; the CITY OF EL CAJON, a municipal corporaIicin; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA. a municipal . corporation; the LEMON GROVE SANIT,ATIONDISTRICT, a mumcipal corporation, the CITY . . OFPOW AY, amunicipal corporation; P ADREDAMMUNICIP AI.. W ATERDISTRICT, apolitical ~vision of the State of Califumia; and the COUNTY OF SAN DIEGO on behalf of Wmter Gardens. Sewer Maintenance District, a mso;nt..nsoncedistrict established pursuant to Ca1lfomia Streets & Hwys. Code section 5820 et seq.; Alpine Sanitation Dis1rict, a political subdivision of the . . State ofCalifomia; the Lakeside SanitationDis1rict,a political subdivision ofthe'State ofCalifomia; and Spring Valley Sanitation Dis1rict, a political subdivision of the State of Califumia (the "Participating Agenciesj. WITNESSETH: WHEREAS, the Participating Agencies are all authorized to own, lease, purchase, IlIOCive andhold p~operty and contract rights necessary orconvenient for their govemmental operallioS; and WHEREAS, the partic:ipating Agencies receive sewer treatment s<<irvices as part of the Metropolitan Sewerage System pursuant to the Regional WasteWater DispOsal AgrecmeDt entered into by and among the City of San Diego and the Participating Agencies dated June 25, 1998 (the "Metro AgreIiment"); aUd . WBE:QEAS, th~ Metro AgxeemP.1'lt calls for the creation and operation ~f the Metro ComIIJjssion which is an advisory body on which each ParticipatingAgency'Sitli and on which San Diego serves on an ex-oflicio non-voting basis; and WHEREAS, the Participating Agencies have determined that it is in the bestinteresls of the comll1unities which they serve that ~JointExercise of Powers ~ be funned with the anthority and rCliPonsibility to take actions and make decisions pertso;nmg to the Metro Agreement in their mutual interest; and WHEREAS, the Metro Agreement requires the Participating Agencies to pay for-capital improvements required by the Metropolitan SewuageSystem; and WHEREAS, theMaIks-Roos LocalBondpooJingAct ofl985, Article4 (.commencingwith Section 6584) of Chapter 5, Division 7, Title 1 of the Government Code of1:he State ofCalifomia (the "Bond Law"), authorizes agencies formed under the Act (as hereinafU:r defined) to assist in the m,soncing of public capital improvements to be used by the public agencies which lIIiC parties to the agreements creating snch agencies; and l;I)P{l\\\CMC\2S 197 -1- 6-8 f:. "\VimREAS, in enacting the Bond Law, the Legislature of the State ofCalifomia declared, in Section 6584.5 of the Government Code of the State of California, that (a) there is a critical need within the State ofCalifomia to expand, upgrade and otherwise improve the public capital facilities of local govemillent necessary to support the rehabilitation and constr.uction of residential and economkdevelopment; and (b) tb,atit is (was) tqe intent of the Legislature to .assist in the reduction . improvemci1ts!Old promote greater use of existing and new financial instruments and mCC'h.n;llm~ such as bond pooling by lOi:iii ligericieS; 3iid ." . . . . .. '. '. '. WHEREAS, the Participating Agencies have determined that it is in the beSt interest of the . 'coininuDities which they serve that ajointexercise of powers agency be foniled pursuantto the Act for the purposes offinancingneeded public capital improvements andrednciD.g local boIrowing costs for financing such improvemeirts as aUthorized thel'ein. .and that the formation of such an authority will be consistent with and in furtherance of the intei:J.t and pUIpOSe8 oftqe'Bond Law. NOW, THEREFORE, in consideration of the above premises.and oftheIDDtual~es herein contained, the Participating Agencies agiee as follows: . ARTICLE I .' . DEFINITIONS Section 1.01. Definitions. Unless the context otherwise. requires, the words and terms . defined in. this Article $all, for the purpose hereof, have the me,m;ngll h~ specilied. . , "Act"means Articles I through 4 (commencingWith Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State ofCalifomia. . . "Agreement" means this agreement. "Bond Law" means the Marks-Roos Local Bond Pooling Act of1985, being Mcle 4 of the Act (commencing with Section 6584 of the Government Code), as now in effect or hereafter amended, or any other law available for use by the JP A in the authorization and issUance of certificates of participation; bonds or other evidence of indebtedness to provide for the financing of Obligations and/or Public Capital Improvements. . . ''Bond Purchase Agreement" means an agreement between the JP A and a Participating Agency, pursuanttowbich theJPA agrees to pUrchase ObligatiOJ;lS from said Participating Agency. ''Board'' means the Board of Directors referred to in Section 2.04, which shaI1 be the governing body of the JP A . ''Bonds'' means the bonds of the JPA issued pursuant to the Bond Law. ''Directors'' means the members of the Board appointed to the Board pursuant to Section 2.03. 629 , I I i I. . ,. '. I L ! i I I : ".. . 1 . . ~ b . , ". , ' ' . . "Fiscal Year" means the period from July 1st to and including the following Jwe 30th. "Government Code" means the Government Code of the State of California. "JP A" means the Metro Wastewater jp A fonned by tbi!l.AgreellieI1t. "Membm" and "Participating Agencies" means the City of~, the City ofPelMar, ' the City ofEl Cajon, the City ofImperia1 Beach, the City of La Mell8, the Lemnn Grove Sanitation District, ,the City ofPoway, the Padre Dam, Municipal Wat.erDi.strict, and the County of San Diego on behalf of the Wmter Gardens "Sewer W.mtP.l1smee Distriet, the AJpine, SariitatiOli District, the Lakeside Sanitation District and the Spring Valley Sanitation DistriG.t ,.' ' "Metropolitan Sewerage System" or "Meb-o System,"slian'_ and CODSist of those facilities and contract rights to facilities which are shown andlor~cribedin ExIn"bit u~' attached to and incorporated in the Regional Wastewater DispoSaIAgreemen~ ' "Obligations" has the meaning ~ven ~o the term "Bonds" in Section 6'S8S(c) of the Go'lernment Code, as in effect on, the date hereof, and as hereafter amended. "Public Capital Improvement" bas the meaning given tQ s:uch term in Section 6585(g) of the ' Goveminent Code, as in effect oIi. the date hereof, and as hereafter ........I1M " , "RegioDal Wastewater DiSposalAgreeuienf' and "Metro AgIeemeDf' sballmeanthatcertain agreement dated Jtme 25, 1998 by and between the City of San Diego and all of the Participating , ' Agencies relating to the Metropolitan SeWerage Systei:iJ..' ' "Secretary" means the Secretary of the JP A appointed pursuant to Section 3.01. "Treasurer"means the AuditOr and Treasurer of the JP A appointed pursuantto Section 3.02. ....... llDPtJB\CMC\23S197 " -3- 6-10 .' "1,1,. -- . . . ':. .-"1 , I I I' I I I i ARTICLE n GENERAL PROVISIONS Section 2.01. Purpose. This Agreement is madepUISU3D.tto the ActproVidingforthejoint exerciSe of powers comm.on to the Participating Agencies, and for otherpmposes aspeonittedunder j;he Act, the Bond Law and asagrecd by one or more of the Participating Agelocies. The pmpose of . . this Agreement is to create a PublicAgeD.cy with the authority to take action pertaining to the Partiqipating Agencies' responsibilities and obligations to provide for the financingofpublic capi1al improvements for the' Metro SeWerage System which are constructed puIswmt to the Metro Agreement and to take sUCh either actions as are necessaIY for theParticipatiJ).g A.gencia ,to fulfill . the obligations and responsibilities and obtain rights and benefits setforthin the Metro Agreement. Section 2.02. Creation of JP A. PUISU3D.t to the Act, there is hereby created a public entity to be knoWn as the "Metro Wastewater JP A." The JP A shall be a publicen.tity separate and apart " froIi1 the Participating Agencies, and shall .nm~;"ter tbis Agreement I I ; ! I I I i I I ,. . Section 2.03. Board. Tb.e JP A shall be administered by a Board of nine (9) Directors, unless and until changed by amendment of this Agreell1e1l.l Tb.e Board shall be composed of one appointee from each of the Participating Agencies. The Board sha1l be called the "Board of Diiectors of the Metro Wastewater.JPA ." All votingPOWef OIthe JPA shall reside in the Board. Section 2.04. Meetings of the Board. , I , ; I I I [. f ,. I (a) Regular Meetings. The Board shall proVide for its regular meetings; provided, however, that at least one ri:gularmeeting sha11 beheld eachmonth, .Thedate, hourand p1aceofthe holding cifregu!ar ineetings.shall be fixed by resolution'ofthe Board and ai:Opy of such RiSOlution sha11 be filed with each Participating N!.ency. The Board may meet injoint sessionwith other public '. agencies and adviSOI)' bodies, iricluding the Metro Commission, in acconlance With stjItc law. (b) Special Meetings. Special meetings of the Board may be.called in aGCordance with , the proViSions of Section 54956 of the Government Code. ' " I , I i I I (c) Call, Notice and Conduct ofMeetings. Allmeetings of the Board, including without liIi:ritatj.OIl;. regu1ar,adjourned regular and special meetings, shall.be, called,notiOed, held and conducted in accordiInce withthc provisions of SectiOns 54950 dseq. of the Government Code. Section 2.05. Minntes. The Secretary shall cause to be kept m;nn1P-<: of the meetings of the Board and shall, as'seon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to each Participating Agency. . '. ' ' Section 2.06. Voting. Each Director shall have one vote. rol'tJB\CM02lS197 6-11 '. " Section 2.07. Qnorum; Reqnired Votes; Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may , adjomn from time to time. The .ffinTIlltivevotes ofat leastamajority of the Directors present at any meeting at which a quorum is present sha1l be required to take any action by the Board. Section 2.08. Bylaws. The Board may adopt, from time to time, suCh bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes this Agreement ARTlCLEm OFFICERS AND EMPLOYEES Section 3.01. Chair, Vice Chair and Secretary. The Board sha1l elect a Chair and Vice Chair from among the Directors, and sha1l appoint a Secretary who may, butneednot, be a Director. The officers shall perform the duties normal to said offices. The Chair sha1l sign all contracts on behalf of the JP A , or shall appoint in writing a designee to sign contracts on behalf of the JP A, and shall perform such other duties as may be imposed by the Board. The Vice ~ sball act, sign contracts and perform all of the Chaits duties in the absence of the Chair. The S.....l.:t.h-y sball countersign all Contracts signed by the Chair or Vice Chair on behalf of the JP A , perfimn such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State within thirty (30) days of the effective date hereof pursuant to the Act Section 3.02. Treasurer. Pursuant to SectiOl). 6505.6 of the GoV"",11,,,"t Code, the finance manager or director of one of the Participating Agencies sha1l be designated as the Auditor and Treasurer of the JP A. The Auditor and Treasurer sha1l be the depQsitory, sha1l have custody of all of the accounts, funds and money of the JP A from whatever source, shall havethe duties andobliga- tions set forth in Sections 6505 and 6505.5 of the Govemment Code and sball assure that there sball be strict accountability of all funds and reporting of all receipts and disbursements of ~e JP A . Section 3.03. Officers in Charge of Records, Funds and Accoun~ Pursuant to Section 6505.1 of the Govemment Code, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the JPA and all records of the JPA re1atingtb.eJ:eto; and the SectetaIy shall have charge of, handle and have access to all other records of the JP A . Section 3.04. Bonding Persons Having Access to JP A Records, Funds and Accounts. From time to time, the Board may designate persons, in addition to the s....letaIy and the T~, having charge of; handling or having access to any records, funds or accounts and the respective amounts of the official bonds of the Secretary and the Treasurer and such otherpersons pursuant to Section 6505.1 of the Government Code. i Section 3.05. Legal Advisor. The Board shall have the power to appoint the legal advisor of the JP A who sball perform such duties as may be prescribed by the Board. Such legal advisor __ shall be legal counsel to one of the Participating Agencies. -,." 6-f2 .- . . 'I.... " " . . Section 4.01. General Powers. The JP A sbal1 exercise in the llJllI]Ilel' herein provided the . powers common to the pllIlicipating Agency Members. or as othetwisepemiitted. under the Aid., and necessary to the accomplishment of the pliIposes of this AgreeD1C9.t, subject to tb.erestrlcliom; - . ... .. forth in Secti.on4.04. .. M provided in the Aid., the JP A sbal1 be a public entity separate. from the ~articipating . Agencies. The JP A sbal1 have the power to finance or refinllnc.e the acquisition or construction of Public CapitallmP.rovements on behalf of each Participating Agency MeIhbei which ire acquired or constrocted pursuant to the Regional Wastewater DisposalAgreeInent. Section4.0i. Po"'er to lssue Revenue Bonds. The JPA shail.have all of the powers provided in the Aid., including but not limited to the Bond Law and including the power to issue _ Bonds; Certificates of pllIlicipatlon and/or other evidences of inde1:i~tiSsUnder the Bond Law; Section 4.03. Specific Powen. The JP A is hereby m:dhoriied; in its own name. to do all the acts necessary for the exercise of the foregoing powers. inclu4ing but not limited to. any or all . of the following: (a) to make and enter into contracts; . (b) to employ agents and employees; i i i I I , ; i I I I 'm'JPlJB'CM023:5197 -6- 6-13 " l , I , j'. i (c) to finance and refinance the acquisition or construction ofPubIic Capital Improvements acquired or constIucted pursuant to the Regional Wastewater Disposal Agreement; .' (d) to sue and be sued in its own name;, , (e) to issue Bonds and otherwise to incur debts, liabilities or obligations, provided that no such Bonds, debt, liability or obligation sball constitute a debt, liability or obligation of the Participating Agencies; (t) , to apply for, accept, i'eceive and disburse grants, loans and other aid from any agency of the United States of Americli or of the state of CaIifomia; (g) to invest any money in the treasury of the JP A pursuant to Section 6505.5 of the Government Code that is not required for the iinmediate necessities of the JPA , as the JP A deteImines is advisable, in the same mRnner and upon the ~e conditions as local agencies, pursuant to Section 53601 of the Government Code; , (h) to apply for letters of credit or other forms of iin~.u guarantees in order to secure the repayment of Bonds, certificates of participation and/or other evidences of indebtedness and enter into agreements in comlection therewith; (i) to carry oUt and enfo~e all theproyisions of this Agreement; (j) to make and enter into Bond Pmi:hase Agreements; (k) to purchase Obligations ofthePaTticipating Agencies; and (1) to exercise any and all powers which are provided for in thCl Act and in Section 6588 of the Government Code, as they exist on the date of this Agreeinent and as they may hereafter be lIIl',.".,,\pjI , . , ' Section 4.04. Res1rlctions on Exercise of Powers. The powers of the JPA shall be exercised in the manner provided in the Act and in the Bond Law, and, except forthose powers set forth in the Bond Law, shall be subject (m accordance with Section 6509 of the Government Code) to ther~ctions upon the m''';''''' of exercising such powers that are imposed upon theParticipating Agencies in the exercise of similar powers. Section 4.05. Obligations ofJP A. The debts, liabilities and obligations of the JP A shall not be the debts, liabilities and obligations of the Participating Agencies or any of them. ARTICLE V METHODS OF PROCEDURE; CREDIT TO MEMlJERS . Section 5.01. Assumption of Responsibilities by the JP A. As soon as practicable after the date of execution of this Agreement, the Directors shall give notice (in the manner required by 6..."H , . .. ,.... .. , . . '. Section 2.04) of the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.04 and elect a Chair and VlOe Chair and appoint the Secretary. I I I I" I I , , I I I I I \ Section 5.02. Credit to the Participating Agencies. All accounts or funds created and established p\!ISUllllt to any instrument or agreement to which the JP A is a party, and any interest earli.ea or accnied thereon, shall mure to the benefit of each of the Participating Agencies in their respeclive pro~ons for which such funds or accounts were created. ARTICLE VI ELECflON TO FINANCE; CONTIUBUTlONS; ACCOUNTS AND REPORTS; FUNDS Section 6.01. Participating Agencies Election to Finance Public Capital Improvements. Each of the Participating Agencies may elect to'have the JP A issue bonds to finance its slw:e of Public Capital Improvements acquiredorconstructed pursuant to the Regional Wastewater Dispaslil Agreement. Each Participating Agency's share of the Public Capital Improvements acquired or constructedp\!ISUllllt to the Regional Wastewater Disposlil Agreemcntshall be detP.m1;n"'li by the procedure set forth in the Regional Wastewater Disposlil Agreement. Section 6.02. Contn"butions. The Participating Agencies may in the i1ppropriate circumstance when required hereunder: (a) make contributions from theirtreasm,ics forthe pmposes set forth herein, (b) make payments ofp\lblidimds to defray the cost of such pmpOses, and{c)make advanCes of public funds for such pmposes, such advances to be repaid as prt>vided herein. The provisions of Section 6513 of the Government Code are,i.nc:orpo~ into this Agreement. " ' Section.6.03. Accounts and Reports. To the extent not covered by the duties ~ to a trustee chosen by the JP A , the Treasurer shall establish and maintain such funds and accomits as . may be required by good accounting practice or by any provision of any truSt agreemententered into with respect to the proceeds of any Bonds, certificates of participation and[pz: other evidenoes of indebtedIi.ess issued, created or incmreclby theJP A. The books and records of the JPA in the possession of a trustee Or the Treasurer shall be open to inspection at lilll.'ellSOIl3hle times by ~ sentatives of each Participating Agency. The Treasurer, within 120-days ,after the close of .:each FiscalYear, shall give a complete ~tten report oflill financilil activities for such fiscal year to each . ParticiPating Agency to the extent such activities are not covered bythC report of such trustIle. The trustee appointed under any trust agreement and/or indenture shall establish suitable funds, furnish financilil reports and provide suitable accounting procedures to~arry out the piOvisions ofsaid trust agreement and/or indenture. Said trustee may be given such duties in ~d trust ag1'Ill'l11ent and/or indenture as may be desirable or necessary to carry out the purposes of this Agl.,."nmt Section 6.04. Funds. Subject to the applicable provisions of any inStniment or ~t that the JP A may enter into, which may provide for a trusble to receive, ha~ custody of and . disburse funds of the JP A , the Treasurer shall receive, have custody of anddisb1ll!Se JP A "funds as nearly as possible in accordance with generli.lly accepted accounting practices, and shall make.the dlsbursements required by this Agreement or to carry out any of the provw,cins or purposes of this A~ent., , . .n.e51~... ~197 -8- 6-15 . - Section 6.05. Annnal Budget and Administrative Expenses. The Board may adopt a budget for administrative expenses, which shall include all expenses not included in any financing transaction of the JP A , annually prior to July I of each year. These expenses shaI1 be designated ;\<lmini~trative Expenses of the JP A and shall be allocated by the Board proportionately to each of the Participating Agencies based on its Proportionate Flow in the Metropolitan Sewerage System and:the strength of its wastewater as detemrinedby the City of San Diego pursuant to the Regional Wastewater Disposal Agreement. Section 6.06. Financing Expenses. The estimated annual expenses of the JP A to . administer any financing transaction of the JP A shall be designated Financing Expenses and: shall . . be allocated by the Bo3rdprOPOrtionate1y to each Participating Agency which in participant in the financing being administered by the JP A proportionately to each Participating Agency's share of the amount .ofthe Bonds is$Ued by !it!' JP A . ARTICLE vn TERM Section 7.01. Term. This Agreement shall become effective as of the date hereof and shan continue in full force and effect so long as any Bonds, certificates of participation and/or other evidences of indebtedness of the JP A remain outstanmng. Section 7.02. Disposition of Assets. Upon termination of this Agreement, all property of the JP A, both real and personal. shall be divided among the parties hereto. in such msmnp.!" as shall be agreed upon by the parties. ARTICLE vm MISCELLANEOUS PROVISIONS Section 8.Ql. Notices. Notices hereunder shall be in writing and shall besuflicient if delivered to the notice address of each party hereto for legal notices or as otherwise provided by a party hereto in writingtci the othei: party. , . Section 8.02. Section Headings. All section hesilings in this Agreement are for conveirience of reference only and are not to be construed as modifying or governing the language in the section ref'exIOO to or to define or limit the scope of any provision of this AgreemCllt. Section 8.03. Consent.' Whenever in this Agreement any consent or approval is required the same shall not be unreasonably withheld. Section 8.04. Law Governing. This Agreement is made in the State ofCalifomia tmderthe Constitution and laws of the State of California and is to be so construed. Section 8;05. Amen~ents. This Agreement may be amended at my time, or from time to time, except as limited by contract with the owners of Bonds issued by the JP A or certificates of participation in payments to be made by the JP A or the Participating Agencies or by applicable mPTn:l\rUf"\.,,,,,,,Q7 64-6 I I . I el, > , I' I I I I 'e . "f' . . . '.... '. . . / . I I I I I I I I. .' regulations or laws of any jurisdiction having authority, by one orD1Ote supplemental agrmnenls cxccuted by both of the parties to this Agreement or for any otller purpose including, without limitlltion,addition ofnewparties (~lodiDg my legal cmities ortaxing aieas hezetofoR arm. created) in p\lIlllUlllce of The PIlqlO$= oCtbis A&rt=1cm. ' SeniOD 8.116. EDfoRemellt by JPA. The 1P A is hc:teby au~ to telcc my oral11cgal or equitoblc actions, including but not limited 10 inj\llldion and specific per{orm.aDcc. J1~ or pemrltted by law 10 c:uforce this ~ SectiOD 8.07. SeverabDltf. Should my section orproYislOll oflhls Agrcancat be decided by any court of compefellt j~on \0 be ilIcp\ or in OlIIIflict with any law of the State of Ca\ifamia. or othc:rwisc be JeDdered unenfbtteable or ineft"ectwJl, !he vaIi4ity of'lbe .rm'~'':... sections and provisioas h=of sball not be affected 1herBby. ' SectloD 8.Da. Sa_n. This AIr_em sbaIl be ~ upon and cball iDIIR to the benefit of the successors of each Participatins Aset1lJf.None of the l'ar1:icipatiD& A&euciM may assign my Iisht or obligation hc:reuDder wilhollt tho wrillc:a COD5CIlt oC all ofthc others. IN WITNESS WHEREOF. the parties hcmo have caused tbia AgreeInG to be sCClilCCl and attested by their proper ofiicers thereunto duly authorized and their l!fficial sealI to be hereIIo , affixed, on the &y and year fint ac:t forth Ibove. ' ~:tNAD? , . ~~"'o- <./ .' , 2. CITY OF DEL MAR by 3.' em Ol' EL CAJON , ATTIlST ' . by 4. CITY OF IMPERIAL BEACH A'ITBST by S. by 6. CITY OF LA MESA' A:.l U:l.~rr' LEMON GROVE SANITATION DISTRICT ' AITBST by SllI'UDICI<<:\2197 -16- 6-17 . . ~l" -11- 6-18 . . Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. I I ,. i I I I I I I i I . . ". regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other puxpose including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State. of California, or otherwise be rendered unenforceable or ineffectual, the validity of the fMTI,,;nh,g sections and provisions hereof shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shaI1 inure to the benefit of the successors of each Participating AgenC'f. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. IN WITNESS WHEREOF, the parties hereto have caUsed this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and Yell!" first set forth above. . 1. CITY OF CORONADO ATTEST by .:~~ 3. CITY OF EL CAJON . ATIEST .. ~UN~~ :, a~#--€/ A'I"tEST by 4. by 5. by 6. . by CITY OF IMPERIAL BEACH ATIEST CITY OF LA MESA ATTEST LEMON GROVE SANITATION DISTRICT ATTEST 6 =.1(9 ." . . 6U:W "', .' " . . . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other purpose including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of ~ Agreement Section 8.06. Enforcement by 1P A. The JP A is hereby authorized to take any or all legal or equitable actions, including but nOt limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided by any court of competent jurisdiction to. be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable. or ineffectual, the validitY of the fP.'11A;nmg sections and provisions hereof shall not be affected thereby.. I I I I I , I I I i ,. i Section 8.08. Successors. This Agreement shal1 be binding upon and sha11 inure to the benefit of the successors of each Participating Agenr;y. None of the Participating Agencies may assign any right or obligation hereunder without. the written consent of all of the others. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and th* official seals to be hereto affixed, on the day and year first set forth above. . 1. CITY OF CORONADO ATIEST i , I I i I I.. I' I i , i i , by .2. CITY OF DEL MAR ATIEST by 3. ~OFELCAJON bY~~ {.=,1 4. CITY OF IMPERIAL BEACH ATt'EST atlCU L/~~/:fi/ JVM-J ATIEST by 5. CITY OF LA MESA ATTEST by 6. LEMON GROVE SANITATION DISTRICT ATIEST by C'ft1:III'~'M<I0'7 6 .J.~1 .1 1 , ,.. i. . 6-+11-2 ..' ! I I I I . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other pw:pose inclnding, without limitation, addition of new parties (including any legal entities ortaxing areas heretofore or hereafter created) in pursuance of the purposes oftbis Agreement. Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal . or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided .. by ally court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the f"'1t\~;n;ng sections and provisions hereof shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Participating Agency. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. IN WITNESS WHEREOF, the parties hereto have caUsed this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year first set forth above. CITY OF CORONADO ATIEST CITY OF DEL MAR ATIEST CITY OF EL CAJON ATTEST ATIEST A ATTEST LEMON GROVE SANITATION ATTEST DISTRICT ~197 6"!.~3 . . . .. . .' . , ' '" . . . 7. CITYOFPOWAY ATTEST . by 8. PADRE DAM MUNICIPAL ATTEST WATER DISTRICT by 9. COUNTY OF SAN DffiGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICf LAKESIDFJALPlNE SANITATION DISTRICf AND SPRING V ALLEY SANITATION DISTRICf ATTEST by . . 6-124 . " . . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement or for any other pmpose including, without limitation, addition of new parties (including any legal entities ortaxing areas heretofore or hereafter created) in pursuance of the pmposes oftbis Agreement. Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the Stab: of California. or otherwise be rendered unenforceable or ineffectual, the validity of the rrm.ining sections and provisions hereofshall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Participating Agency. None of the Participating Agencies may . assign any right or obligation hereunder without the written consent of all of the others. 6-25 '" . . . . . 6-26 '. .. Section 8.03. Consent. Whenever in this Agreement any consent or approval is required the . same shall not be wrreasonabIy withheld. Section 8.04. Law Governing. This Agreement is made in the State ofCalifomia under the Constitution and laws of the State of California and is to be so construed. Section 8.05. Amendments, This Agreement may be amended at any time, or from time to time, except as . limited by contract with the owners nfBonds issued by the JP A or certificates of participation in payments to be made by the JP A or the Participating Agencies or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements exe- . cuted by both of the parties to this Agreement or for any other purpose including, without limitation, addition of new parties (Including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. · Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal . or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beex:ecuted and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year first set forth above. . CITY OF DEL MAR ATTEST I. ! i i i 1. by 2. by 3, by 4. . by CITY OF CORONADO ATTEST CITY OF EL CAJON ATTEST CITY OF IMPERIAL BEACH ATTE'ST 'SOPllB1CMCI23I7U7 -1'0- 6-27 / SDPUIl'CMC>238707 . -11- 6-28 . regulations or laws of any jurisdiction having authority, by one or more supplemental agreements . executed by both of the parties to this Agreement or for any other purpose including, without limitation, addition ofnew parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes oftbis Agreement. Section 8.06. Enforcement by Jl' A. The JP A is hereby authorized to take any or all legal or equitable actions, Including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Severability. Should any section or provision oftbis Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the reJllaining sections and provisions hereof sbaIl not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successOrs of each Participating Agency. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. 6 -1!'9 ...~ I I " I i I 7. ATTEST . I I I by I r I I 8. PADRED CIP AL ATTEST I I WATER DISTRICT by 9. COUNTY OF SAN DffiGO on behalf of WINTER GARDENS SEWER. MAlNTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND . SPRING V ALLEY SANITATION I DISTRICT ATTEST I I by . . 6.J3tJ . , . " regulations or laws of any jurisdiction having authority, by one or mme supplemental agreements executed by both of the parties to this Agreement or for any other purpose including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes oftbis Agreement.. Section 8.06. Enforcement by JP A. The JP A is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreeplent. . Section 8.07. Severability. Should any section or provision of this Agreement be decided by any comt of competent jurisdiction to be illegal. or in conflict with any law of the State of . California, or otherwise be rendered unenforceable or ineffectual, the validity of the rem.;ning . sections and provisions hereof shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Participating Agency. None of the Participating Agencies may assign any right or obligation hereunder without the written consent of all of the others. "",,,~197 Dl~1 . 7. CITY OF POW A Y by 8. PADRE DAM MUNICIPAL WATER DISTRIC1\ by 9. COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRIcr LAKESIDFJALPlNE SANITATION DISTRICf AND SPRING VALLEY SANITATION DISTRICf by . r . ',,' I ,,'" I. I , ; I ATIEST i i .-1 ; I I , I I I I I ATIEST ~-/?Pde0~~~ l~p~iu.~~~, "'~ ~ :O>'=i . _ Q ':I!.l:l. .' ~.- J''f'iiO ='tt.".. ""= . ::0 '" = 0;:. -tr;- ~~ An.._ ,,~1 '% ~:'~!~"'~I" ~'1. CAL~~~ ~IIII11I11\1I\\'~ ATTEST .-:., . . i I I I I I ! ! 6L'32 r' ,: . . . . . 5. CITY OF LA MESA by 6. LEMON GROVE SANITATION DISTRICT by 7. . CITYOFPOWAY by 8. PADRE DAM MUNICIPAL WATER DISTRICT ATTEST by 9. COUNTY OF SAN DIEGO on behalf of WINTERGARDENS SEWER MAINTENANCE DISTRICT LAKESIDFJALPINE SANITATION DISTRICT AND SPRING V ALLEY SANITATION DISTRICT ~J.~\- Thomas J. PaslUs2ka ""- Clerk of the SoaK! ofSuperAsolS by AI'PROVFn AS T!1 T'~il AND LEGALllY CC:'::""'c( '::' . j;'/'W~W.~ ~l:.ii(;1't i.l~PtJlY If.. _! <1 - W SllPUlllCM023l'r . -11- . 6-33 ATTEST ATTEST ATTEST A TIEST ~~p " . r I. !. ! I I I>,pproveo anat"raultlonzed by Ih.e eoa<o of s.uperv~~e'county.()f'San1)iegO Data,. //. "':i ~ Min<>te'O<derNo...L mOMAS J. PASTUSZKA ~~er~e~~rvis<>'" 1)eputy C.lerk . .,1" ~ . . . . 10. JOINT POWERS AGREEMENT - METRO. ! i I ! , i I I I CITY MANAGER JOHNSON reported on this item. He recommended Council appoint a Metro Joint Powers Authority representative and altemate. MOTION BY ROSE, SECOND BY BENDA, TO APPROVE RESOLUTION APPROVING THE CITY OF IMPERIAL BEACH'S PARTICIPATION IN THE JOINT EXERCISE OF POWERS AGREEMENT METRO SEWER PUBUC FINANCING AUTHORITY AND APPOINT COUNCILMEMBER WINTER AS THE METRO JPA REPRESENTATIVE WITH MAYOR PRO . TEM MCCOY AS THE ALTERNATE. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ROSE, WINTER, BENDA, ROGERS NONE MCCOY ADJOURNMENT The Special Meeting adjourned at 7:45 p.m. Diane Rose, Mayor . Attest Uncia A. Troyan, CMC City Clerk 6-34 EXHIBIT & FIRST AMENDMENT TO JOINT EXERCISE OF I'OWERS AGREEMENT FOR THE METRO W ASTEW A TER JOINT POWERS AUTHORITY TO ADD THE OTA Y WATER DISTRICT AS A PARTlCIPA TING AGENCY This First Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority. is made and entered into on this 12th d.lY of February, 2003. which date shall be the date of the last signature affixed hereto, in the County of San Diego. State of Califomia by the Metro Wastewater JP A. a Joint Powers Authority ("JPA") existing and organized pursuant to the provisions of Govemment Code Section 6500 et seq. and the Gtay Water District ("Otay"). RECITALS WHEREAS. on October 25. 2000. the City of Coronado, a municipal corporation; the City of Del Mar. a municipal corporation; the City ofEI Cajon. a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; thc Lemon Grove Sanitation District, a political subdivision of the State of California. the City of Poway, a municipal corporation; Padre Dam Municipal Water District. a political subdivision of the State of Califomia; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et scq.; the Lakeside! Alpine Sanitation District, a political subdivision of the State of California; and the Spri.ng Valley Sanitation District, a political subdivision of the State of California) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreemcnt ("Agreement"). creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new patties in pursuance of the purposes of the Agreement; and WHEREAS, the JP A desires that Gtay join the JP A as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of Gtay as a Participating Agency of the JP A; and WHEREAS, the Board of Directors of Gtay has approved joining the JPA as a Partici pating Agency of the JP A. SDPUB\PDS\2n971 v I 1 6-35 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPA Participating Agency 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto CITY O,F C70 By (;Lr~ A l- - - ---c: Date ~'II03 ATTEST 2 CITY OF DEL MAR ATTEST By Dale 3 CITY OF EL CAJON ATTEST By Date 4 CITY OF IMPERIAL BEACH ATTEST By Date s CITY OF LA MESA ATTEST By Date SDPUB\PDS\272971 vI 2 6-36 , AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JP A is hereby amended to add Otay as a JP A Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JP A shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR j)w,j ,M- ATTEST By: Date: ~~ . CITY OF EL CAJON ~P~v~.'. a7j~ 3. ATTEST By: Date: 4. CITY OF IMPERIAL BEACH ATTEST By: Date: 5. CITY OF LA MESA ATTEST By: Date: SDPUB\PDS\272971vl 2 6-37 AGREEMENT NOW, THEREI'ORE, IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 ofthe Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPAParticipating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date ofthe last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: -.-----..---.-"'--- Date: --.------------..---.--.-- 3. CITY OF EL CAJON ATTEST By -;?!;!<;~=/{/~~ {)5!?tL<LU ~ Date: .,:1..- ~(- ~;?_ 4. CITY OF IMPERIAL BEACH ATTEST By: Date: -.--.--.-------- CITY OF LA MESA 5. ATTEST By: -.---.-...--------....-..-----------.--....- -_._._--~.--_.._------'----_.- Date: - .........-.--------......-----.--.-.------ SDPlfB\PDS\27297l v t 2 6-38 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto. I. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. CITY OF EL CAJON ATTEST By: Date: B~ - . ~o c- ~ _ o-".A-~-r- "^"-,,"\ ~~~...,~~ Date: ~U-~-- -------. 5. CITY OF LA MESA ATTEST 4 CITY ATTEST By: ---.-.........".---.---....-- -. Date: __._m...____."..u___..___._.....____ SDPUB\PDS\27297I ~ I " L 6-39 AGREEMENT NOW, THEREFORE,IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Otay as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon Otay. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above, whieh date shall be the date of the last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. Crry OF EL CAJON ATTEST By: Date: 4. CITY OF IMPERJAL BEACH ATTEST By: . Date: 5. CITY OF LA MESA By: aJ1/ 11~ Date: I-~z..-O~ A 1TEST ,-...--....~ ~ ('j .~~.J-,. / C"\ SDPLJU\PDS\272971v! 2 6-40 ''. 6. LEMON GROVE SANITATION ATTEST DISTRICT :..1t?f ~itt~ (}) L ~.A:G -0' . ~ 7 CITY OF POW A Y ATTEST By: Dale: 8. PADRE DAM MUNICP AL WATER ATTEST DISTRICT By: Dale: 9. . COUNTY OF AN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANTITA TION DISTRICT AND SPRING VALLEY SANITATION DISTRICT ATTEST By: Date: 10, OTA Y WATER DISTRICT ATTEST By: Date: 6-41 6. LEMON GROVE SANITATION DISTRiCT By:__.__... Date: 7. .- By: PADRE DAM MUNICPAL WATER 8. DISTRICT By: Date: 9. COUNTY OF AN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANTITATlON DISTRICT AND SPRING V ALLEY SANTT ATTON DISTRICT By: Date: 10. OTAY WATER DISTIUCT By: _.__.._...__....____ Date: :';,DPUB\PDS\272971 v! 6-42 ATTEST ATTEST ATfEST ATTEST ---_.~._-,.._--_.. ATTEST ..~,.,.._.__...,......__...._----'-" 3 6. LEMON GROVE SANITATION DISTRICT ATTEST By: Date: 7. CITY OF POW A Y ATTEST By: Date: 8. PADRE DAM ATTEST DISTRICT d]1 UO (;2 riC!bQ), By: Date: 9. COUNTY OF AN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT ATTEST By: Date: 10. OTAY WATER DISTRICT ATTEST By: Date: SDPUB\PDS\272t:)71 v I 6 6-43 6. LEMON GROVE SANITATION DISTRICT By: Date: 7. CITYOFPOWAY By: Date: 8. PADRE DAM MUNICPAL WATER DISTRICT By: Date: 9. WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DlSTRIcr AND SPRING VALLEY SANITATION DISTRICT By: Thomas J. Pastuszka, Clerk of the Board of Supervisors and Clerk of the Boards of Directors. Date: t. . \ 1..0") 10. OTAY WATER DISTRICT By: Date: SDPUB\PDS'272971 vi 6-44 ATIEST ATIEST ATIEST !>1'PR()',j;~i) AHD,OR AUTHORIZED BY THE BQAR~ Of SUPERVISORS Of THE COUNTt Of SAN O\~GO 'ftn I DATE: 1-;1. ,-D.3 MINUTEOROERNO:J!,I...-<' THOMAS J. PASTUSZI<A ClER1S, Cf 1>U; BOARD Of }li~SORS BY ofI'.#-rc." mQ A...-, n;:PIlTY c:\ F.RK ATIEST 1~ J.1< _J._ QM of me Board of SupeMaof. ATTEST 3 t1pri~qVED AS T{) f:i)RM t,NO , E'~!II-" " _ !Yj~rl.llN~t:1 .~ YI'U..I'f '._ ."T' "-'Iof\,i. ...._.. !,.~lY~~~,~~ "",."". \., "<I'Y\ \ \~\fj') 6. LEMON GROVE SANITATION DISTRICT By: Date: 7. CITY OF POWAY By: _ _________ Date: 8. PADRE DAM MUNICPAL WATER DISTRICT By: Date: 9. COUNTY OF AN DIEGO on behaIfof WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANTITATlON DlSTRICT AND SPRING V ALLEY SANITATION DISTRICT By: Date: OTA~TER DISTRICT 10. By: ~~ ~ Date:________JJN_c~___________ SDPUBWDS\272971 \'! 6-45 ATTEST ATTEST A TrEST ATTEST ATTEST (P;~~ v 3 EXHIBIT G SECOND AMENDMENT TO JOINT EXERCISE m' POWERS AGREEMENT FOR TIlE METRO W ASTEW A TER JOINT POWERS AUTHORITY TO ADD THE CITY OF NA TIONAL CITY AS A PARTICIPATING AGENCY This Second Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers AuthOlity, is made and entered into on this 4th day of June. 2003, which date shall be the date of the last signature affixed hereto, in the County of San Diego, State of California by the Metro Wastewater JPA, a Joint Powers Agency ("JPA") existing and organized pursuant to the provisions of Government Code section 6500 et seq. and the City of National City ("National City"). RECITALS WHEREAS, on October 25,2000, the City of Coronado, a municipal corporation; fhe City of Del Mar, a municipal corporation; the City ofEI Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; fhe City of La Mesa, a municipal cOll'oration; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: fhe Winter Gardens Sewer Maintenance Disttict, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/ Alpine Sanitation Disttict, a political subdivision of the State of California; and the Spting Valley Sanitation District, a political subdivision of the State of California) (fhe "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("Agreement"). creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on Pebmary 12, 2003, the Otay Water Disttict was added as a Participating Agency of the JPA; and WHEREAS, the JPA desires that National City join the JPA as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of National City as a Participating Agency of the JPA; and WHEREAS, the City Council of National City has approved joining the Jp A as a Participating Agency of the JPA. SDI'lJD\I'DS~7Ut'J31 6-46 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JP A is hereby amended to add National City as a JP A Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first wrillen above. which date shall be the date of the tast signature affixed hereto. I. ~O'NAf?O_ BY:~ Date: "1/';;3/1)3 2. CITY OF DEL MAR x~~ ATTEST By: Date: 3. CITY OF EL CAJON ATTEST By: Date: 4. CITY OF IMPERIAL BEACH ATTEST By: Date: 5. CITY OF LA MESA ArrEST By: Date: SDPt.JB\J>DS\27f)(,11 6-47 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I . Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JP A is hereby amended to add National City as a JP A Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full foree and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date ftrst written above, which date shall be the date of the last signature affixed hereto. I. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: ~~.!L /?uA/t7/2AJh#,,7t;'/ &Ztr?'/t~ Date: .rl/Olo :1 3. CITY OF EL CAJON ATTEST By: Date: 4. CITY OF IMPERIAL BEACH ATTEST By: Date: 5. CITY OF LA MESA ATTEST By: Date: SDPUB\PDS\!766) I 6-48 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Pursuant to Article 8 of the Agreement, the Joint Exercisc of Powers Agreement for the Metro Wastewater JPA is hereby amended to add National City as a JPA Participating Agency. 2. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date tirst v,Titten above, which date shall be the date of the last signature affixed hereto. l. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. CITY OF EL CAJON ATTEST Date: ..1#/~ _.~g '?/O& CITY OF IMPERIAL BEACH - By: 4. ATTEST By: Date: 5. .-......---..--..---....-..--- CITY OF LA MESA ATTEST ny: Date: SDPllWI'DS\27663! 6-49 < . AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater Jp A is hereby amended to add National City as a lpA Participating Agency. 2. All other terms and conditions of the loint Exercise of Powers Agreement for the Metro Wastewater lPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first written above, which date shall be the date of the last signature affixed hereto. 1. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Date: 3. CITY OF EL CAJON ATTEST By: Date: 4. crr~ IMPERIAL BEACH By~~,c..kff_L- Date: ):- /7, 20~ 5. CITY OF LA MESA ATTEST --... ATTEST By: Dale: SD!"UB\l'D.s\27l.i631 6-50 AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater lPA is hereby amended to add National City as a lPA Participating Agency. 2. All other terms and conditions of the Joint Exercisc of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall be binding upon National City. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of thc datc first writtcn above, which date shall be the date of the last signature affixed hcrcto. I. CITY OF CORONADO ATTEST By: Date: 2. CITY OF DEL MAR ATTEST By: Datc: 3. CITY OF EL CAJON ATTEST By: Datc: 4. CITY OF IMPERIAL BEACH ATTEST By: Datc: By: CITY OF LA MESA OM -1u~ ey /11/10 3 ATTEST 5. ~c'^---.. "~ \j / r~~~ ,~ . X ( \ \. .J Datc: S!WlIB'.!'[)S',276631 6-51 . . 6. By: Date: 7. By: Date: 8. By: Date: 9. By: Date: 10. By: Date: LEMON GROVE SANITATION DISTRICT PADRE DAM MUNICIPAL WATER DISTRICT COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING VALLEY SANITATION DISTRICT OTAY WATER DISTRICT 11. NATIONAL CITY By: Date: 6-52 ATTEST ~ Au, J J rJ ~~..r-' ATTEST ATTEST ATTEST ATTEST ATTEST .~ 6. By: Date: 7. By: LEMON GROVE SANITATION DrSTRICT Date: A ri 1 IS 2003 8. PADRE DAM MUNICIPAL WATER DISTRICT By: Date: 9. By: Date: 10. By: Date: By: Date: COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING VALLEY SANITATION DISTRICT OTAY WATER DISTRICT 11 NxnONAL CITY SDPUB\l'DS'2766JI 6-53 ATTEST ATTEST YJyJ-l~~OtbWtlP ATTEST ATTEST ATTEST ATTEST 6. LEMON GROVE SANITATION ATTEST DISTRICT By: Date: 7. CITY OF POWAY ATTEST By: Date: 8. ATTEST By: Cln .' -y /2 'If) j ~:t!;fc<: / '.= Date: =:E~c ~j ~ ::'4.~ ~r - -;.(:)~ ....:~:::- 9. COUNTY OF SAN DIEGO on ATTEST ~~""" ~~;/~~ ~o-o. "" NO'l. ....~:$' behalf of WINTER GARDENS 9/.~""""""'",,~~ '/1111 Jf- t \,,~ SEWER MAINTENANCE IJIIIIIIIU\\\\\\: DISTRICT LAKE-SIDE/ALPINE SANITATION DIS-TRICT AND SPRING VALLEY SANITATION DISTRICT By: Date: 10. OTAY WATER DISTRICT ATTEST By: Date: 11. NATIONAL CITY ATTEST By: Date: Page 3 of 3 $DPUI3'J'DS\17(x:..'t 6-54 6. By: Date: 7. By: Date: 8. By: Date: 9. By: Date: 10. By: Date: II. By: Date: LEMON GROVE SANITATION DISTRICT CITY OF POW A Y PADRE DAM MUNICIPAL WATER DISTRICT WINTER GARDENS SEWER MAINTENANCE DISTIUCT, LAKE- SIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT, SPRING VALLEY SANITATION DISTRICT lll_J._ c.....oI""~ ~V.,"...,. - ~.\ ,\.O~ 01' A Y WATER DISTRICT NATIONAL CITY Sj)Purl\!'D~~2 1(i631 6-55 ATTEST ATTEST ATTEST ATTEST Alll>roved andle< authorized by tI1e Iloud 01 Supe~." 01 tie eo_ 01 San llIe\lC! Data ,,~ lU'-1ut9 Order No.-=..at THOMAS J. 'PASTUSZlIA g~<H1<~~~ISupeMsors Deputy C1e~ ATTEST ATTEST ~I'OAMANlIlEGAU1Y BV_ ..;if""' '" ~ S- -7-....).J. DEPUTv G. By: Date: 7. By: Date: 8. By: Date: 9. By: Date: LEMON GROVE SANITATION DISTRICT CITY OF POW A Y PADRE DAM MUNICIPAL WATER DISTRICT COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING VALLEY SANITATION DISTRICT 10. OTAYWATERDISTRICT By: ~~ 6--yD Date: S \ 2'=>[ ~ ~ 11. NA"I10NAL CITY By: Date: SDI'UTIIJ'DS\27f>6'i! 6-56 ATTEST ATTEST ATTEST ATTEST ATTEST ~~.~.,L' 1----8--- A TrEST , ~ 6. By: Date: 7. By: Date: 8. By: Date: 9. LEMON GROVE SANITATION DISTRICT CITY OF POW A Y PADRE DAM MUNICIPAL WATER DISTRICT COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKE- SIDE/ALPINE SANITATION DIS- TRICT AND SPRING V ALLEY SANITATION DISTRICT By: Date: 10. OT A Y WATER DISTRICT By: Date: II. By: -------.-.---- ___~~-:K I~71~/P3-~OR Date: SPPUIl\I'DS'T'16(':ll 6-57 ATTEST ATfEST ...,.----.---.--.--- ATrEST ATTEST -------.-.....------- ATrEST -'-"-"'--'-'~ U" AT:EST . __ ..~ __________ ICIIAEL R II LA, CITY CLERK ExmBIT 0 THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF CHULA VISTA AS A P ARTICIP ATING AGENCY This Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority, is made and entered into on this _ day of , 2007, which date shall be the date of the last signature affixed hereto, in the County of San Diego, State of California by the Metro Wastewater JPA, a Joint Powers Agency ("JPA") existing and organized pursuant to the provisions of Government Code Section 6500 et seq. and the City ofChula Vista ("Chula Vista"). RECITALS WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California; the City of Po way, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside! Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the "Participating Agencies") entered into a Joint Exercise of Powers Agreement ("Agreement"), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, Article 8 of the Agreement provides that the Agreement may be amended by one or more supplemental agreements in order to add new parties in pursuance of the purposes of the Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JP A; and WHEREAS, the JP A desires that Chula Vista join the JP A as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of Chula Vista as a Participating Agency of the JPA; and WHEREAS, the City Council of Chula Vista has approved joining the JPA as a Participating Agency of the JP A; and WHEREAS, it is mutually agreed between the City Council of Chula Vista, and the Participating Agencies to add Chula Vista as a Participating Agency; and WHEREAS, the Parties desire to amend certain sections of the Agreement adding Chula Vista as a Participating Agency, allowing the inclusion of a termination provision and 6-58 2 some clarifying language, and that all other terms and provisions of the Agreement remain in full force. NOW, THEREFORE, BE IT RESOL YED, that the parties do hereby mutually agree that the Agreement is hereby amended as follows: I. Pursuant to Article 8 of the Agreement, the Joint Exercise of Powers Agreement for the Metro Wastewater JPA is hereby amended to add Chula Vista as a JP A Participating Agency. 2. Recital 7th, is hereby amended to read as follows: "WHEREAS, in enacting the Bond Law, the Legislature of the State of California declared in Section 6584.5 of the Government Code of the State of California, that (a) there is a critical need within the State of California to expand, upgrade and otherwise improve the public capital facilities of local government necessary to support the rehabilitation and construction of residential and economic development; and (b) that it is (was) the intent of the Legislature to assist in the reduction of local borrowing costs, help accelerate the construction, repair, and maintenance of public capital improvements, and promote greater use of existing and new financial instruments and mechanisms, such as bond pooling by local agencies." 3. Article II, Section 2.03. Board, is hereby amended to read as follows: "Section 2.03. Board. The JP A shall be administered by a Board of Directors. The Board shall be composed of one appointee from each of the Participating Agencies. In addition to appointing its member to the Board, each Participating Agency shall appoint one alternate. The alternate appointed by a Participating Agency shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member is absent. The Board shall be called the "Board of Directors of the Metro Wastewater JPA." All voting power of the JPA shall reside in the Board." 4. Article VII, Section 7.03, Term, is hereby added to read as follows: ARTICLE vn TERM AND WITHDRAWAL "Section 7.03. Withdrawal of a Participating Agency from the JPA. Notwithstanding anything to the contrary and subject to the terms and conditions set forth in this Section, and any other terms and conditions required by law or contract, a Participating Agency may withdraw from the JP A at any time by providing the Board with written notice of its intent to withdraw in accordance with the notice provisions set forth in Section 8.01. The withdrawal shall become effective ninety days after such notice is given. The withdrawal of any Participating Agency from the JP A shall not terminate this Agreement. 6-59 3 The withdrawing Participating Agency shall: (a) remain liable for its share of the budgeted and administrative expenses of the JP A pursuant to Section 6.05, Annual Budget and Administrative Expenses, for the fiscal year in which the withdrawal is effective; and (b) remain liable for its proportionate share of Financing Expenses resulting from bonds, and any contracts related thereto, issued by the JP A on behalf of and! or issued by the withdrawing Participating Agency. A withdrawing Participating Agency is entitled to any sum due that Participating Agency pursuant to Section 5.02, Credit to the Participating Agencies, at the end of the fiscal year in which the Participating Agency's withdrawal is effective; provided, however, nothing herein shall be construed to entitle a withdrawing Participating Agency to any interest accrued by any investments of IP A surplus funds if the maturity date of said investment occurs later than the fiscal year in which the Participating Agency's withdrawal is effective. A Participating Agency wishing to withdraw from the IP A shall provide the JP A with a written acknowledgement, acceptable in a form and content to the IP A, of liabilities and obligations of the withdrawing Participating Agency, as specified in this Section, which shall survive the withdrawal of the Participating Agency from the JP A. The withdrawing Participating Agency shall also provide the IP A with a written opinion from its counsel that any liabilities and obligations of the withdrawing Participating Agency described in Section 7.03(b) of this Agreement, will remain legal, valid and binding obligations of the withdrawing Participating Agency, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditor's rights in general and to the application of equitable principles, if equitable remedies are sought, and to the limitations on legal remedies against local public entities, such as the withdrawing Participating Agency, in the State ofCalifomia. 5. Article VIII, Miscellaneous Provisions, Section 8.05, Amendments, is hereby amended to read as follows: "Section 8.05. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the IP A or certificates of participating in payments to be made by the IP A or the Participating Agencies or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by all of the parties to this Agreement or for any other purpose, including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuant of the purposes of this Agreement." 6. All other terms and conditions of the Agreement shall remain in full force and effect. [End of Page. Next Page is Signature Page] 6-60 4 Page I of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority Date: CITYOFCHULA VISTA Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Date: CITY OF CORONADO By: Approved as to form: By: Date: CITY OF DEL MAR By: Approved as to form: By: Date: CITY OF EL CAJON By: Approved as to form: By: 6-61 5 Page 2 of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority CITY OF IMPERIAL BEACH Date: By: Approved as to form: By: Date: CITY OF LA MESA By: Approved as to form: By: Date: LEMON GROVE SANITATION DISTRICT By: Approved as to form: By: Date: CITY OF POW A Y By: Approved as to form: By: 6-62 6 Page 3 of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority Date: PADRE DAM MUNICIPAL WATER DISTRICT By: Approved as to form: By: Date: COUNTY OF SAN DIEGO on behalf of WINTER GARDENS SEWER MAINTENANCE DISTRICT LAKESIDE/ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT By: Approved as to form: By: Date: OTA Y WATER DISTRICT By: Approved as to form: By: 6-63 7 Page 4 of 4 Signature Page to the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority Date: NATIONAL CITY By: Approved as to form: By: J:\Engineer\AGENDA\Agreements\2007\Third Amendment Joint Powers Agreement.lp.doc 6-64 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT POWERS AUTHORITY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO FINALIZE THE TERMS OF THE JPA AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT METRO W ASTEW A TER JP A ADDING CHULA VISTA AS A PARTICIPATING AGENCY; APPOINTING THE MAYOR TO THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; APPOlNTING COUNCILMEMBER CASTANEDA AS THE AL TERNA TE ON THE BOARD OF DIRECTORS OF THE METRO WASTEWATER JPA; AND APPOINTING THE CITY MANAGER OR DESIGNEE AS THE SECOND ALTERNATE ON THE BOARD OF DIRECTORS OF THE METRO W ASTEW A TER JP A WHEREAS, on October 25, 2000, the Cities of Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, and Poway, the Lemon Grove Sanitation District, the Padre Dam Municipal Water District, and the County of San Diego (on behalf of the Winter Gardens Sewer Maintenance District, the Lakeside/Alpine Sanitation District, and the Spring Valley Sanitation District) (Participating Agencies) entered into a Joint Exercise of Powers Agreement (JPA Agreement) and created a public entity known as the Metro Wastewater JPA (JPA); and WHEREAS, the purpose of the JP A is to take action pertaining to the Participating Agencies' responsibilities and obligations to provide for the financing of public capital improvements for the Metro Sewerage System which are constructed pursuant to the Metro Agreement; and WHEREAS, Section 8.05 of the JP A Agreement provides that the JP A Agreement may be amended in order to add new parties to the JP A; and WHEREAS, the Otay Water District joined the JPA on February 12,2003, pursuant to the First Amendment to the JPA Agreement and National City joined the JPA on June 4, 2003, pursuant to the Second Amendment to the JP A Agreement; and WHEREAS, Chula Vista desires to join the JP A as a Participating Agency; and WHEREAS, each of the Participating Agencies have approved the addition of Chula Vista as a Participating Agency of the JP A; and WHEREAS, staff recommends amending the JPA Agreement to add Chula Vista as a Participating Agency, include a termination provision, and to clarifY certain language. 6-65 Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: I. That it authorizes the City to become a Participating Agency of the Metro Wastewater JPA contingent upon the adoption of the Third Amendment to the Joint Exercise of Powers Agreement Metro Wastewater JPA by the Participating Agencies of the Metro Wastewater JPA. 2. The City Manager or Designee to finalize the terms of the JP A Agreement. 3. That it authorizes the Mayor to execute the Third Amendment to the Joint Exercise of Powers Agreement Metro Wastewater JPA to add Chula Vista as a Participating Agency, include a termination provision, and to clarify certain language. 4. That it appoints the Mayor to the Board of Directors of the Metro Wastewater JPA. 5. That it appoints Councilmember Castaneda as the alternate to the Board of Directors of the Metro Wastewater JPA. 6. That it appoints the City Manager or Designee as the second alternate to the Board of Directors of the Metro Wastewater JPA. Presented by Approved as to form by Scott Tulloch City Engineer H:\ENGINEER\RESOS\Resos2007\07-17-07\JPA Membership.lp revised by ec (clean copy).doc 6-66 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: ~Vf:. CITY OF '~CHUlA VISTA 07/17/07 Item~ RESOLUTION AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/08 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-1, 08-M, 08-1, 09-M, 11-M, 12-1, 12-M, 13-1, AND 13-M AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT. RESOLUTION AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/08 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT. SUBMITTED BY: RESOLUTION AMENDING THE FISCAL YEAR 2007/08 BUDGET BY APPROPRIATING $432,486 FROM COMMUNITY FACILITIES DISTRICT 12-M FUNDS ---- CITY ENGINEER "'J} CITY MANAGER 4/5THS VOTE: YES I X I NO D REVIEWED BY: BACKGROUND Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Years 1998-2006. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas and maintenance of other public facilities, or to repay bondholders. The present item will authorize the levy of maximum special taxes for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-1,07-1, 07-M, 08-M, 08-1, 09-M, II-M, 12-1, 12-M, 13-1 and 13-M. 7-1 06/19/07,Itern~ Page 2 of6 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 defmed under Section 15378 of the State CEQA Guidelines because it involves an intention to levy and collect assessments for existing activities in the Community Facilities Districts and does not involve any new activities, therefore pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary RECOMMENDATION That Council adopts the resolutions: . Authorizing the levy of maximum special taxes for Fiscal Year 2007/08 within Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1,2001-1,2001-2,07-1,08-1, 08-M, 09-M, II-M, 12-1, 12-M, 13-1, and 13- M and delegating to the City Manager the authority to establish the special tax for each District. . Authorizing the levy of maximum special taxes for Fiscal Year 2007/08 within the Community Facilities Districts 06-1 and 07-M and delegating to the City Manager the Authority to establish the special tax for each District. . Amending the Fiscal Year 2007/08 services and supplies budget ofCFD 12-M by appropriating $432,486 from the available balance of the fund. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In January 1998, City Council adopted the City ofChula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts. This document allowed the use of CFDs as a public fmancing mechanism for: . Acquisition and/or construction of public improvements and facilities; . Financing of authorized public services; and . To repay bonded indebtedness or other related expenses. During Fiscal Years 1998/99 through 2006/07, the following CFDs were formed in the Otay Ranch, Sunbow II, San Miguel Ranch, Eastlake, and the Rolling Hills Ranch areas: 7-2 06/19/07,ItemL Page 3 of6 ( ,. Il LO( \ Illf\ 1'1 RI'OSI 97-1 Otay Ranch SPA 1, Villages 1 and 5 Open Space maintenance 97-2 Otay Ranch Preserve Open Space maintenance 97-3 Otay Ranch McMillin SPA 1 Bond Issue for acquisition of public facilities 98-1 Otay Ranch Villages lW, 2, 2W, 6, 7, Interim open space maintenance 12 98-2 Otay Ranch McMillin SPA 2, Villages Interim open space maintenance 6, 7 98-3 Sunbow II Open Space maintenance 99-1 Otay Ranch SPA 1, Villages 1, 5, 1 West Bond Issue for acquisition of public facilities 99-2 Otay Ranch SPA 1, Village I West Open Space maintenance 2000-1 Sunbow II, Villages 5-10 Bond Issue for acquisition of public facilities 2001-1 San Miguel Ranch, Areas A and B Bond Issue for acquisition of public facilities 2001-2 McMillin Otay Ranch, Village 6 Bond Issue for acquisition of public facilities 06-1 Eastlake Woods, Vistas and Land Swap Bond Issue for acquisition of public facilities 07-1 Otay Ranch Village II Bond Issue for acquisition of public facilities 07-M Eastlake Woods, Vistas, Land Swap Maintenance District (Areas 1,2) 08-1 Otay Ranch, Village 6 Bond Issue for acquisition of public facilities 12-1 McMillin Otay Ranch, Village 7 Bond Issue for acquisition of public facilities 13-1 Otay Ranch, Village 7 Bond Issue for acquisition of public facilities 08-M McMillin & Otay Ranch Village 6 Maintenance District (Areas 1,2) 09-M Otay Ranch Village II Maintenance District ll-M Rolling Hills Ranch Maintenance District 12-M McMillan & Otay Ranch, Village 7 Maintenance District 13-M Otay Ranch Village 2 Maintenance District Maximum Rate & Actual Rate The City of Chula Vista makes the distinction between the maximum special tax rate and the amount that the City may collect against the special tax rate (i.e., the actual rate). The maximum special taxes for Fiscal Year 2007/08 are proposed at the Fiscal Year 2006/07 maximum special tax rates and adjusted by an inflation factor as defined in each district's special tax report. The actual rate, on the other hand, is the amount actually collected from the property owner and is equal to, or lower than, the proposed maximum special 7-3 06/19/07,Itern~ Page 4 of6 tax rate. The actual rate is based on the budget, the reserve requirement, savings and fund balances, earned interest, and prior years' savings. Each year, the Council authorizes the levy of special taxes on the maximum authorized special tax rates, and delegates to the City Manager the authority to establish the specific special tax rate applicable to each parcel. The maximum special tax rate and actual special tax rate for these existing infrastructure and open space maintenance CFDs are detailed in Exhibits A through U, and are accompanied by district maps. Fiscal Year 2007/08 Rates Maximum Special Tax Rate According to the Rate and Method of Apportionment for open space maintenance CFDs 97-1,97-2,98-1,98-3 and 99-2, the Maximum Special Tax Rates (see exhibits) for each fiscal year after the initial year shall be increased or decreased by the lesser of the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in January of each year. The CPI increase between the second half of 2005 and the second half of 2006 was approximately 3.3998%, while the estimated California Fourth Quarter Per Capita Personal Income increase was 5.05%. Staff therefore used the CPI (3.3998%), which is the lesser of the annual percentage change. According to the Rate and Method of Apportionment for open space maintenance CFDs 08-M, 09-M, and l2-M the Maximum Special Tax shall be increased each fiscal year after the initial year and by a factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index. The CPI increase between the second half of 2005 and the second half of 2006 was approximately 3.3998%. According to the Rate and Method of Apportionment for open space maintenance CFD 13-M, the Maximum Special Tax shall be levied beginning in Fiscal Year 2007-2008 and increased each fiscal year thereafter by a factor equal to the greater of the annual percentage increase if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of California Department of Finance, or 4%. This will be the initial year of this assessment. The maximum authorized and projected annual Special Tax rates for all Community Facilities Districts are given in the exhibits. Square footage (SF) refers to building floor area, and acreage refers to the total lot size. For CFD 98-3, a single-family dwelling unit is equivalent to one EDU. Costs are spread to multi-family units on the basis of 0.8 EDU per unit for street medians and parkways, and 1.0 EDU per unit for all other facilities in the CFD. 7-4 -1 06/19/07, Item----=L- Page 5 of6 Actual Soecial Tax Rate The Special Tax Levy Reports for maintenance CFDs 97-1, 97-2 98-1, 98-3, 99-2, 08-M, 09-M II-M, 12-M and 13-M require the establishment of a fund reserve for each district of up to 100% of the total annual operating budget in order to provide revenue for the fIrst half of the fIscal year before any income is received and to provide for cost overruns and delinquencies. A 50% reserve has been provided in some of these CFDs by including an additional 50% of the Fiscal Year 2007/08 budgets. The reserves should provide sufficient funding through December 31, 2007. Additional reserves may be realized depending on the schedule for accepting new landscaping improvements during the fIscal year. The Fiscal Year 2007/08 actual special tax rates are not projected at this time due to the volume of building permit activity within the City of Chula Vista and large volume of subdivision activity in the County of San Diego. Staff proposes that the City Manager be authorized to modify the projected annual special tax rates based on actual square footage and acreage provided such annual special tax rates do not exceed the maximum authorized special tax. Since the rates have been rounded, actual revenue may be slightly different. The fmal Special Tax Levy Reports will include a list of all parcel numbers and charges applicable to each parcel. The valid parcel numbers cannot be known for certain until after the special taxes have been submitted to the County for inclusion on the County property tax bills. The fmal reports will be prepared in August. Budget Amendment for CFD 12M The landscaped areas for CFD 12M are being turned over to the City for maintenance sooner than anticipated. Therefore, for FY07/08, a budget amendment of $432,486 is required for the City to provide adequate landscape and storm drain maintenance services. The landscape services include turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, omamentallighting structures, masonry walls or other fencing, trails, and associated appurtenant facilities located within the streetscape (parkway, median and slope perimeter landscaping) surrounding the development and trails, perimeter wall, and perimeter fencing. The storm water quality services include, but are not limited to, maintenance, repair, and replacement of storm drains, catch basin inserts, hydrodynamic devices, infIltration basins, and other similar facilities. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member John McCann has property holdings within 500 feet of the boundaries of certain Community Facilities Districts which are the subject of this action. 7-5 06/19/07,Itern~ Page 6 of6 FISCAL IMPACT Infrastructure Districts The scheduled debt service for bonded infrastructure districts in FY 2007/08 totals $17,352,835 and is detailed in the table below. Projected special tax revenues will be sufficient to cover these amounts with no impact to the General Fund. District Debt Service CFD 97-3 $813,799 CFD 99-1 $2,914,602 CFD 2000-1 $506,077 CFD 2001-1 (IA A) $992,317 CFD 2001-1 (IA B) $829,293 CFD 2001-2 $708,315 CFD 06-1 $3,394,425 CFD 07-1 $3,040,562 CFD 08-1 $1,547,669 CFD 12-1 $1,494,632 CFD 13-1 $1,111,144 Total $17,352,835 Maintenance Districts The full cost of providing maintenance services in these districts totals $6,748,519.71. This entire amount is recovered through the CFDs' special tax levies and reserves, resulting in no net impact to the General Fund. CFD 12-M All landscape maintenance costs associated with the Fiscal Year 2007/08 budget amendment will be borne by the respective homeowners in CFD 12-M. Therefore, there is no impact to the General Fund ATTACHMENTS I. Budget Amendment Detail Form for CFD 12-M 2. District Maps EXHIBITS A - U FY 2007/08 CFD Tables Prepared by: Tessa Quicho, Administrative Analyst IL Engineering Department J:\EngineerIAGENDAICAS2007\07-17-07\CFD LevylCFD Levy Agenda.doc 7-6 CITY OF CHULA VISTA BUDGET AMENDMENT DETAIL FORM (To be submitted bv Sam the Wednesday. 13 days Driar to Council meetinal (one form Per item) FOR MEETING DATE 7/17/07 SUBMITTED BY: Beamon DEPARTMENT: Public Works Operations FY'08 Budget Amendments: GL Key 34310 34310 34310 34310 34310 34310 34310 34310 34310 34310 34310 34310 GLOb] 4601 6301 6401 6571 6572 6573 6574 6621 6652 6814 6911 7003 JL Key JLOb] 7-7 ATTACHMENT I EXT. 6048 Amount $432.486 $ 3,575 $202.450 $ 590 $ 590 $ 675 $ 36.750 $ 6,100 $104.761 $ 8,200 $ 5,300 $ 63.495 i ~ " Ii. ." 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IE ~ EXHIBIT A Community Facilities District No. 97-1 (Otay Ranch Open Space Maintenance District) FY 2006107 Special Tax Rates I FY 2007/08 Special Tax Rates I FY 20071118 Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Special Tax Area A: Residential $ O.1050/sf O.0895/sf $ O.1086/sf $ O.1086/sf Non-residential $ 1,423. 19/acre $ 1,213.14/acre $ 1,47 1. 58/acre $ 1,471.58/acre Vacant $ 1,609.97/acre $ O.OO/acre $ 1,664.71/acre $ 1,664.71/acre Estimated Revenue Special Tax Area A: $1,098,394.67 Special Tax Area B: Residential $ O.2461/sf $ O.1l44/sf $ O.2545/sf $ O.2545/sf Non-residential $ 3,160.17/acre ~ 1,468.96/acre $ 3,267.61/acre $ 3,267.61/acre Vacant $ 3,573.56/acre $ O.OO/acre $ 3,695.05/acre $ 3,695.05/acre Estimated Revenue Special Tax Area B: $1,895,688.80 CFD 97-1, finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entire district and includes maintenance of parkways, medians and regional trails along Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, La Media Road and Olympic Parkway, Telegraph and Poggi Canyon detention basins, channels, and pedestrian bridges. Area B, which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The Fiscal Year 2007/08 budget for this District totals $877 ,950 for Area A and $1,273,538 for Area B. 7-44 EXIDBIT B Community Facilities District No. 97-2 (Otay Ranch Preserve) FY 2006/07 Spccial Tax Ratcs I FY 2007/08 S(lccial Tax Ratcs I FY 2007/08 Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Improvement Area A: Residential $ 0.0157/sf $ 0.0025/sf $ 0.0162/sf $ 0.0162/sf Non-residential $ 255.65/acre $ 39.98/acre $ 264.34/acre $ 264.34/aere Final Map $ 255.65/aere $ O.OO/aere $ 264.34/aere $ 264.34/aere Vacant $ l64.99/aere $ O.OO/aere $ 170.60/acre $ 170.60/aere Estimated Revenue Improvement Area A: See Area C Below Improvement Area B: Vacant $ 63.76/aere $ O.OO/aere $ 65. 93/aere $ 65.93/aere Estimated Revenue Improvement Area B: See Area C Below Improvement Area C: Residential $ 0.0162/sf $ 0.OO25/sf $ 0.0168/sf $ 0.0168/sf Non-residential $ 261.81/acre $ O.OO/acre $ 270.71/aere $ 270.71/aere Final Map $ 261.81/acre $ O.OO/acre $ 270.71/aere $ 270.71/acre Vacant $ 168.97/acre $ O.OO/acre $ 174.71/acre $ 174.71/acre Estimated Revenue Improvement Areas A and C: $416,759.67 CFD 97-2 finances perpetual preserve maintenance, operation and management, biota monitoring, preserve security, and preserve improvements. The Fiscal Year 2007/08 budget is estimated to be $375,168.61. Starting in Fiscal Year 2007/08 and every three years thereafter, biological surveys will need to be conducted at an estimated cost of $75,000. In addition to these, a Cultural Survey must be conducted, taking into account the new land acquired in the most recent annexation, at an estimated cost of $35,000. These additional costs will impact the reserves on hand for the district. However, these costs are expected to be recouped starting in Fiscal Year 2007/08, by a higher collectible amount in the commencing year, and a gradual collectible in the years following. 7-45 EXHffiIT C Community Facilities District No. 97-3 (Dtay Ranch McMillin - Bond Issue) FY 2006!O7 Special Tax Rates I FY 200710S Special Tax Rates I FY 200710S Land Use Category Maximum Actnal Maximum Projected Estimated Rate Rate Rate Rate Revenne Residential $ 0.3920/sf $ 0.3363/sf $ 0.3920/sf $ 0.3920/sf Commercial $ 4,000/acre $3,431.59/acre $ 4,OOO/acre $ 4,OOO/acre Community Purpose $ I,OOO/acre $ O.OO/acre $ I,OOO/acre $ I,OOO/acre Facilitv Undeveloped $ 7,954/acre $ O.OO/acre $ 7,954/acre $ 7,954/acre Property Owner $ 7,954/acre $ O.OO/acre $ 7,954/acre $ 7,954/acre Association Property Estimated Revenue: $1,041,909.16 CFD 97-3 was formed for the purpose of acquiring and financing public facilities improvements, such as portions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One. Fiscal Year 2007/08 administrative costs for CFD 97-3 are set at or less than $75,000 (as given in the bond indenture), and scheduled debt service on the bonds to be paid from the fiscal year 2007/08 levy is $813,798.76. 7-46 EXIDBIT D Community Facilities District No. 98-1 (Otay Project lnterim Open Space Maintenance District) FY 2006/07 Special Tax Rates I FY 20061tl7 Special Tax Rates I I, Y 2007/08 Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Taxable $ 128.25/acre $ 128.25/acre $ 132.61/acre $ 132.61/acre Prooertv Estimated Revenue: $80,810.01 Community Facilities District No. 98-2 (Otay Project McMillin lnterim Open Space Maintenance District) FY 200(,/(17 Special Tax Rates I FY 2007/0S Special Tax Rates I FY 2007/0S Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Taxable $ 59.17/acre $ O.OO/acre $ 61.l8/acre $ 61.l8/acre Property Estimated Revenue: $0.00 CFDs 98-1 and 98-2 were created as interim districts because the areas of Otay Ranch included in these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for the financing of a portion of the cost of the maintenance of portions of the parkways and medians along Telegraph Canyon Road, Paseo Ranchero, and Olympic Parkway. They also include the Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. Both CFD 98-1 and CFD 98-2 will remain in place until a permanent financing plan is established for the maintenance of the facilities, through the formation of new CFDs. A portion of CFD 98-1 has been absorbed by CFD 99-2 with other portions absorbed by CFD's 08-M, 12-M and 13-M. The Fiscal Year 2007/08 budget for this District totals $102,418. A portion of CFD 98-2 has been taken over by maintenance district, CFD 08-M, with other portions of the district covered by CFD 12-M. None of the improvements in CFD 98-2 are expected to be turned over to the City in Fiscal Year 2007/08 and therefore no special taxes will be levied within this district in Fiscal Year 2007/08. 7-47 EXHIBIT E Community Facilities District No. 98.3 (Sunbow II Open Space Maintenance District No. 35) FY 2006/07 Special Tax Rates I FY 2007/O11 Special T:lx Rates I FY 2007/O11 Land Use Maximnm Actual Maximnm Projected Estimated Category Rate Rate Rate Rate Revenue Residential $ 433.14/EDU $ 433.14/EDU $ 447.87/EDU $ 447.87/EDU Commercial $ 3,779.66/acre $ 3,779.66/acre $ 3,908.16/acre $ 3,908.16/acre Industrial $ 3,376.16/acre $ 3,376.16/acre $ 3,490.94/acre $ 3,490.94/acre Undeveloped $ 2,588.10/acre $ 170.45/acre $ 2,676.09/acre $ 2,676.09/acre Estimated Revenue: $1,246,275.46 Community Facilities District 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, parkways, slopes, drainage channels and basins, and biological monitoring of native and re-vegetated open space. The Fiscal Year 2007/08 budget for this District totals $954,272. 7-48 EXHIBIT F Community Facilities District No. 99-1 (Otay Ranch SPA I -Bond Issue) FY 200(,/07 Special Tax Rates I FY 2007/0S Special Tax Rates I FY 2007/0S Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Zone A (Village 1): Residential $ 0.28/sf $ 0.2234/sf $ 0.28/sf $ 0.28/sf Commercial $ 1,600/acre $ 1,276.80/acre $ 1,600/acre $ 1,600/acre Community Purpose $ 400/ acre $ O.OO/acre $ 400/acre $ 400/acre Facility Estimated Revenue Zone A: See Entire District Below Zone B (Village 5): Residential $400/DU + O.29/sf 319.21/DU +O.23/sf $400/DU + O.29/sf $400/DU + O.29/sf Commercial $ 3,717/acre 2,966.22/acre $ 3,717/acre $ 3,717/acre Community Purpose $ 929/acre O.OO/acre $ 929/acre $ 929/acre Facilitv Estimated Revenue Zone B: See Entire District Below Zone C (Village 1 West): Residential $400/DU + O.44/sf $319.20/DU+O.35/sf $400/DU + O.44/sf $400/DU + O.44/sf Commercial $ 4,266/acre $ 3,404.33/acre $ 4,266/acre $ 4,266/acre Community Purpose $ 1,066/acre $ O.OO/acre $ 1,066/acre $ 1,066/ acre Facility Estimated Revenue Zone C: See Entire District Below Entire District: Undeveloped $ 8,864/acre $ O.OO/acre $ 8,864/acre $ 8,864/acre Property Owner $ 8,864/acre $ O.OO/acre $ 8,864/acre $ 8,864/acre Association Prooertv Estimated Revenue - Entire District: $3,790,081.32 I-"+~ EXHIBIT F Community Facilities District No. 99.1 (Otay Ranch SPA I - Bond Issue) CFD 99-1 finances public improvements in a portion of Otay Ranch Village 1, Village 5 and Village 1 West. The main public facilities included are Olympic Parkway Phases 1 and 2, Paseo Ranchero Phase 2, and East Palomar Street. For CFD 99-1, administrative costs of $75,000 (as gi ven in the bond indenture) and scheduled debt service on the bonds of $2,914,601.26 are anticipated during Fiscal Year 2007/08. 7-50 EXHmIT G FY 2006/lJ7 Spedal Tax I{atrs I FY 2007108 Spedal Tax Rates I FY 2007/08 Land Use Maximnm Rate Actual Maximnm Rate Projected Estimated Category Rate Rate Revenue Residential $ O.4393/sf $ O.2286/sf $ 0.45421sf $ O.45421sf Undeveloped $ 5,418.67/acre $ O.OO/acre $ 5,602.89/acre $5,602.89/acre Estimated Revenue: $1,201,042.41 Community Facilities District No. 99-2 (Otay Ranch SPA 1, Village 1 West Open Space Maintenance) As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary. CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 from the centerline of Olympic Parkway north to Telegraph Canyon Road. A total budget of $739,342 is projected for Fiscal Year 2007/08. 7-51 EXHIBIT H Community Facilities District No. 2000-1 (Sunbow II Villages 5 through 10 - Bond Issue) FY 2006/07 Sp~cial Tax Ratrs I ~ Y 200710S Special Tax Rat~s I FY 200710S Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ 0.4400/sf $ 0.3802lsf $ 0.4400/sf $ 0.4400/sf Undeveloped $ 7,8511acre $ O.OO/acre $ 7,851/acre $ 7,8511acre Property Owner $ 7,851/acre $ O.OO/acre $ 7,851/acre $ 7,8511acre Association Propertv Estimated Revenue: $667,703.96 CFD 2000-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $506,076.26. 7-52 EXHmIT I Community Facilities District No. 2001-1 (San Miguel Ranch - Bond Issue) FY 2006/07 Special Tax Rates I FY 2007/0S Special Tax Rates I FY 2007/OS Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area A: Residential $4751DU + O.34/sf $411.80IDU+O.30/sf $4751DU + O.34/sf $4751DU + O.34/sf Commercial $ 5,0911acre $ O.OO/acre $ 5,091/acre $ 5,0911acre Undeveloped $ 1O,376/acre $ O.OO/acre $ 1O,376/acre $ 1O,376/acre Estimated Revenue Improvement Area A: See Entire Ioistrict Below Improvement Area B: Residential $4751DU + O.82/sf N/A $4751DU + O.82/sf $4751DU + O.82/sf Commercial $ 4,OOO/acre N/A $ 4,OOO/acre $ 4,OOO/acre Undeveloped $ 1O,444/acre $ 6,41O.78/acre $ 1O,444/acre $ 10,444/acre (Zone 1) Undeveloped $ 4,444/acre $ 2,727 .83/acre $ 4,444/acre $ 4,444/acre (Zone 2) Estimated Revenue Improvement Area B: See Entire District Below Estimated Revenue Entire District: $2,754,975.36 CFD 2001-1 is divided by SR-125 into two separate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (EastlWest), Proctor Valley Road (EastlWest), Calle La Marina, Paseo Vera Cruz, Calle La Quinta and certain SR-125 interim transportation facilities. For CFD 2001-1 Improvement Area A, administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $992,316.26. For CFD 2001-1 Improvement Area B, administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area B bonds is $829,292.50. 7-53 EXillBIT J Community Facilities District No. 2001-2 (McMillin Otay Ranch, Village 6 - Bond Issue) FY 2006/07 Special Tax Rates I FY 200711lS Special Tax Rates I FY 200711lS Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Residential $440/DU + O.34/sf $390.10/DU+O.30/sf $440/DU + O.34/sf $440/DU + O.34/sf Non- $ 11,365/acre $ O.OO/acre $ 11 ,365/acre $ 11,365/acre residential Undeveloped $ 11,365/acre $ O.OO/acre $ 11,365/acre $ 11 ,365/acre Estimated Revenue: $884,133.53 CFD 2001-2 is located within Otay Ranch Village Six and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc, public facilities improvements and interim transportation facilities. The main facilities include Olympic Parkway, La Media Road, Birch Parkway, La Media Bridge, east Olympic Parkway Bridge and a Neighborhood Park. For CFD 2001-2, administration costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $708,315. 7-54 EXHIBIT K Community Facilities District No. 06-1 (EastLake Woods, Vistas, and Land Swap - Bond Issue) FY 2006/07 Spedal Tax Rates I FY 2007/08 Spedal Tax Rates I FY 2007/08 Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area A (Zone 1 - Vistas): Residential $ 0.5800/sf $ 0.5400/sf $ 0.5800/sf 0.5800/sf Commercial $ 6,000.00/acre $ 5,541.00/acre $ 6,OOO.00/acre $ 6,OOO.00/acre Hotel Property $ 6,OOO.00/acre $ 5,541.00/acre $ 6,000.00/acre $ 6,000.00/acre Undeveloped $ 1l,037.00/acre $O.OO/acre $11,037.00/acre $11,037.00/acre Improvement Area A (Zone 2 - Woods): Residential $ 0.6700/sf $ 0.6187/sf $ 0.6700/sf ~ 0.6700/sf Commercial $ 6,OOO.OO/acre $ 5,541.00/acre $ 6,000.00/ acre $ 6,000.00/acre Undeveloped $ 8,332.00/acre $ O.OO/acre $ 8,332.00/acre $ 8,332.00/acre Estimated Revenue Improvement Area A (Zones 1 and 2): $4,116,178.03 Improvement Area B (Zone 3 - Land Swap): Residential $ 0.7400/sf $ 0.7400/sf $ 0.7400/sf ~ 0.7400/sf Commercial $ 6,OOO.00/acre $ 6,000.00/acre $ 6,OOO.OO/acre $ 6,000.00/acre Undeveloped $20,563.00/acre $11,807.27/acre $20,563.00/acre $20,563.00/acre Improvement Area B (Zone 4 - Land Swap): Residential $ 0.7400/sf $ 0.7400/sf $ 0.7400/sf ~ 0.7400/sf Commercial $ 6,000.00/acre $ 6,000.00/acre $ 6,OOO.00/acre 6,000.OO/acre Undeveloped $ 6,667.00/acre $ 3,828.19/acre $ 6,667.00/acre $ 6,667.00/acre Estimated Revenue Improvement Area B (Zones 3 and Zone 4): $824,858.86 7-55 EXHIBIT K CFD 06-1 finances the acqUISItion or construction of certain public facilities (i.e,. grading, landscaping, streets, utilities, drainage, sewer, etc.) serving the EastLake - Woods, Vistas and Land Swap project, as well as, selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The administration costs for FY 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $3,394.425. 7-56 EXHmIT L Community Facilities District No. 07-1 (Otay Ranch - Village Eleven - Bond Issue) FY 200M)? Special Tax FY 20071Ol! Special Tax FY 20071Ol! Rates Rates Land Use Density Maximum Actual Rate Maximum Projected Estimated Cate 0 Rate Rate Rate Revenue Residential o to 8 $ 1,6751DU $ 1,6751DU $ 1,6751DU $1,675IDU Residential >8 to $ 1,3401DU $ 1,3401DU $ 1,3401DU $ 1,3401DU 20 Residential >20 $ 1,OO51DU $ 1,OO51DU $ 1,0051DU $ 1,0051DU Non-Residential N/A $ 6,OOO/ac $ 6,OOO/ac $ 6,OOO/ac $ 6,OOO/ac $ 13,955/ac $ 8,456.32/ac $ 13,955/ac $ 13,955/ac $ 24,218/ac $ 14,675.39/ac $ 24,218/ac $ 24,218/ac $ 13,955/ac $ O.OO/ac $ 13,955/ac $ 13,955/ac $ 24,218/ac $ O.OO/ac $ 24,218/ac $ 24,218/ac $ 13,955/ac $ O.OO/ac $ 13,955/ac $ 13,955/ac $ 24,218/ac $ O.OO/ac $ 24,218/ac $ 24,218/ac Estimated Revenue: $4,061,917.17 CFD 07-1 finances the acquisition or construction of certain public facilities (i.e,. grading, landscaping, streets, utilities, drainage, sewer, etc.) serving the Brookfield Shea Gtay project, as well as, selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The Brookfield Shea Gtay project is bounded on the south and east by Hunte Parkway, a curving arterial from south to northeast. Olympic Parkway forms the northern edge and to the west is the extension of Eastlake Parkway. The administration costs for FY 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $3,040,561.26. 7-57 EXHmIT M Community Facilities District No. 07-M (EastLake III - Woods, Vistas, and Land Swap - Open Space Maintenance) FY 2006/07 Spccial Tax Ratcs I FY 2007/08 Spccial Tax Ratcs I 2():;~08 Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area 1: Residential $ O.1240/sf $ O.0264/sf $ O.12821sf $ O.12821sf Multi-family $ O.12401sf $ O.0264/sf $ O.12821sf $ O.12821sf Non-residential $ 1,618.4l!acre $ 344.16/acre $ 1,673.43/acre $1,673.43/acre Final Map $ 1,618.4l!acre $ O.OO/acre $ 1,673.43/acre $1,673.43/acre Other taxable $ 1,618.4l!acre $ O.OO/acre $ 1,673.43/acre $1,673.43/acre Property Assoc. $ 1,618.4l!acre $ O.OO/acre $ 1,673.43/acre $1,673.43/acre Pronertv . Estimated Revenue Area I: $785,137.94 Improvement Area 2: Residential $ O.0811/sf $ O.0042/sf $ O.0839/sf $ O.0839/sf Multi-family $ O.081l1sf $ O.00421sf $ O.0839/sf $ O.0839/sf Non-residential $ 448.2l!acre $ 23.28/acre $ 463.45/acre $ 463.45/acre Final Map $ 1,222.53/acre $ O.OO/acre $ 1,264.09/acre $1,264.09/acre Other taxable $ 1,222.53/acre $ O.OO/acre $ 1,264.09/acre $1,264.09/acre Property Assoc. $ 1,222.53/acre $ O.OO/acre $ 1,264.09/acre $1,264.09/acre Property Estimated Revenue Area 2: $102,907.16 Community Facilities District 07-M provides the necessary funding for the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with EastLake III - Woods and Vistas and Land Swap Parcel (south parcel only) and Annexation No. 1. 7-58 EXHIBIT N Community Facilities District No. 08-M (McMillin Otay Ranch and Otay Ranch Village 6 - Open Space Maintenance) FY 2006/07 Special Tax Rates I FY 2007/0S Special Tax Rates I 20~'~()S Land Use Category Maximnm Rate Actual Rate Maximnm Rate Projected Rate Estimated Revenue Improvement Area 1: Residential $ O,4056/sf 1$ O.I026/sf $ 0,4194/sf $ O,4194/sf Multi-family $ O.2989/sf $ O.0756/sf $ O.30911sf $ O.3091/sf Non-residential $ 2,536.221acre $ O.OO/acre $ 2,622,45/acre 2,622,45/acre Final Map $ 6,728.84/acre $ O.OO/acre $ 6,957.611acre 6,957.611acre Other taxable - $ 6,728.84/acre $ O.OO/acre $ 6,957.611acre 6,957.611acre residential Other taxable - $ 6,264.09/acre $ O.OO/acre $ 6,477.06/acre 6,477.06/acre multi-familv Other taxable - $ 2,536.221acre $ O.OO/acre $ 2,622,45/acre 2,622,45/acre non-residential Property Assoc. $ 6,728.84/acre $ O.OO/acre $ 6,957.611acre 6,957.611acre Propertv Estimated Revenue Area 1: $679,763.35 Improvement Area 2: Residential $ O.2085/sf $ O.0373/sf $ O.2156/sf $ O.2156/sf Multi-family $ O.2085/sf $ O.0373/sf $ O.2156/sf $ O.2156/sf Non-residential $ 4,319,40/acre $ O.OO/acre $ 4,466.25/acre $ 4,466.25/acre Final Map $ 4,319,40/acre $ O.OO/acre $ 4,466.25/acre $ 4,466.25/acre Other taxable $ 4,319,40/acre $ O.OO/acre $ 4,466.25/acre $ 4,466.25/acre Property Assoc. $ 4,319,40/acre $ O.OO/acre $ 4,466.25/acre $ 4,466.25/acre Property Estimated Revenue Area 2: $448,305.75 7-59 EXHIBIT N Community Facilities District No. 08-M (McMillin Otay Ranch and Otay Ranch Village 6 - Open Space Maintenance) Community Facilities District 08M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Company. Improvement Area No.1 is located north of Birch Road, south of Olympic Parkway, west of SR 125 (a future road), and east of La Media Road. Improvement Area No.2 is generally located in two areas. The first area is located east of La Media Road, north of Birch Road, west of Magdalena A venue, west of properties located on Trail Wood Drive, and south of Santa Venetia Street. The second area is located south of Olympic Parkway, east of the properties located on Oak Point Drive, north of Santa Venetia Street, north of Magdalena Avenue, and north of East Palomar Street. The budgets for Fiscal Year 2007/08 are estimated to be approximately $514,285 for Improvement Area No.1 and $177,743 for Improvement Area No.2. 7-60 EXHIBIT 0 Community Facilities District No. 08-1 (Otay Ranch Village Six) 1< Y 2006/ll7 Spccial Tax Ratcs FY 2007/011 Spccial Tax FY 2007/011 Ra!cs Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Residential $ 800IDU + $ 799.451DU + $ 800IDU + $ 800IDU + $O.35/sf $O.35/sf $O.35/sf $O.35/sf Non-Residential $ 6,OOO/acre $ O.OO/acre $ 6,OOO/acre $ 6,OOO/acre Zone A - $ 16,858/acre $ O.OO/acre $ 16,858/acre $16,858/acre Undeveloped Zone B - $ 26,445/acre $ O.OO/acre $ 26,445/acre $26,445/acre Undeveloped Zone A - Provisional $ 16,858/acre $ O.OO/acre $ 16,858/acre $16,858/acre Undeveloped Zone B - Provisional $ 26,445/acre $ O.OO/acre $ 26,445/acre $26,445/acre Undeveloped Estimated Revenue: $1,886,768.00 Community Facilities District 081 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facilities, DIP improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This District is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,547,668.76. 7-61 EXHIBIT P Community Facilities District No. 09-M (Otay Ranch Village 11 - Brookfield Shea) DeveloDed: Residential o to 8 $ 524.221DU $ 466.67/DU $ 542.04/DU $ 542.04/DU Residential >8 to $ 419.37/DU $ 373.321DU $ 433.63/DU $ 433.63/DU 20 Residential Greater $ 314.521DU $ 279.98/DU $ 325.21/DU $ 325.21/DU than 20 Non-Residential N/A $2,013.02/ac $1,791,99/ac $2,081.46/ac $2,081.46/ac UndeveloDed: $2,013.02/ac $ O.OO/ac $2,081.46/ac $2,081.46/ac $2,013.02/ac $ O.OO/ac $2,081.46/ac $2,081.46/ac $2,013.02/ac $ O.OO/ac $2,081.46/ac $2,081.46/ac Estimated Revenue: $781,318.37 CFD 09-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 11, Brookfield Shea Otay. The Fiscal Year 2007/08 budget is estimated to be $781,318.37. The CFD Special Tax Levy Report for maintenance 09-M requires the establishment of a fund reserve for each district of up to 100 percent of the total annual operating budget in order to provide revenue for the first half of the fiscal year before any income is received and to provide for cost overruns and delinquencies. A 95% reserve has been provided by including an additional 95% of the fiscal year 2007/08 budget. The reserves should provide sufficient funding through December 31, 2007. Additional reserves may be realized depending on the schedule for accepting new landscaping improvements during the fiscal year. CFD 09-M (Maintenance District) The full cost of providing maintenance services in this district totals $893,565. This entire amount is recovered through the CFD' s special tax assessments and reserves, resulting in no net impact to the General Fund. 7-62 EXHmIT Q Community Facilities District No. 11-M (Rolling Hills Ranch McMillin - Open Space Maintenance) FY 2006/07 Special Tax Rates I FY 2()07/oX Special Tax Rates I FY 2007/0X Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Residential $ 341.691DU $ 139.78IDU $ 353.311DU $ 353.311DU Non-residential $696.44/acre $ O.OO/acre $720.l2lacre $720.l2lacre Final Map $696.44/acre $ O.DO/acre $720.l2lacre $720.l2lacre Other taxable $696.44/acre $ O.OO/acre $720.l2lacre $720.l2lacre Property Assoc. $696.44/acre $ O.OO/acre $720.l2lacre $720.l2lacre Property Estimated Revenue: $173,426.51 Community Facilities District 11M finances the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area ill. A total budget of $73,981 is projected for Fiscal Year 2007/08. 7-63 EXIDBIT R FY 200(,!O7 Special Tax FY 2007!O8 Special Tax FY 2007/0S Rates Rates Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ 890/DU + $ 890/DU $ 890/DU + $ 890/DU $0.79/sf + $0.79/sf $0.79/sf + $0.79/sf Non-Residential $ 6,OOO/acre $ O.OO/acre $ 6,000/acre $ 6,OOO/acre Zone A - $ 24,383/acre $ 17,420.48/.cre $ 24,383/acre $ 24,383/acre Undeveloped Zone B - $ 41,621/acre $29.736.21/.cre $ 41,621/acre $ 41,621/acre Undeveloped Zone A - $ 24,383/acre $ O.OO/acre $ 24,383/acre $ 24,383/acre Continl!ent Taxable Zone B - $ 41,621/acre $ O.OO/acre $ 41,621/acre $ 41,621/acre Continl!ent Taxable Estimated Revenue: $2,189,993.58 Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven) Community Facilities District 121 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIF improvements within Otay Ranch Village Seven. This District is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,494,631.26. 7-64 EXHIDIT S FY 2006!O7 Special Tax FY 2007/08 S(lecial Tax FY 2007/08 I{ates Rates Land Use Category Maximum Actual . Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ 2,750IDU $ 0.00 $ 2,750IDU $ 2,750IDU + $0.45/sf + $0.45/sf + $0.45/sf Non-Residential $ 6,OOO/acre $ O.OO/acre $ 6,OOO/acre $ 6,OOO/acre Zone A - $ 59,505/acre $ 45.194.65/.cre $ 59,505/acre $ 59,505/acre Undevelooed Zone B - $ 37,818/acre $28,723. 15/.cre $ 37,818/acre $ 37,818/acre Undeveloped Zone A - $ 59,505/acre $ O.OO/acre $ 59,505/acre $ 59,505/acre Contine:ent Taxable Zone B - $ 37,818/acre $ O.OO/acre $ 37,818/acre $ 37,818/acre Contine:ent Taxable Estimated Revenue: $1,561,817.53 Community Facilities District No. 13-1 (Otay Ranch Village Seven) Community Facilities District 131 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIP improvements within Otay Ranch Village Seven. This District is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,111,143.76. 7-65 EXHIBIT T Community Facilities District No. 12-M (McMillin Otay Ranch and Otay Ranch Village 7 - Open Space Maintenance) FY 2006/07 Special Tax I Rates 1- -- FY 2007/0!l Special Tax Raks FY 20071ll!l Land Use Category Max Rate Projected Rate Estimated Revenue Developed: Improvement Area 1 - O.393/sf O.393/sf $ OA064/sf $ OA064/sf Residential Improvement Area I - $7,728A2/ac O.OO/ac $ 7,991.17/ac $ 7,991.17/ac Non-Residential Improvement Area 2- $ O.537/sf $ O.OO/sf $ O.5553/sf $ O.5553/sf Residential Improvement Area 2 - $8,649.72/ac $ O.OO/ac $8,943.79/ac $8,943.79/ac Non-Residential UndeveloDed: Improvement Area 1 - $7,728A2/ac 7,728.36/ac $ 7,991.17/ac $ 7,991.17/ac Final Map Improvement Area I - $7,728.42/ac 678.32/ac $ 7,991.17/ac $ 7,991.17/ac Other Taxable Property Improvement Area 1 - Taxable Property Owner $7,728.42/ac $ O.OO/ac $ 7,991.17/ac $ 7,991.17/ac Assoc. Propertv Improvement Area 2 - $8,649.72/ac $8,649.72/ac $ 8,943.79/ac $ 8,943.79/ac Final Map Improvement Area 2 - $8,649.72/ac $2,054.88/ac $ 8,943.79/ac $ 8,943.79/ac Other Taxable Propertv Improvement Area 2 - Taxable Property Owner $8,649.72/ac $ O.OO/ac $ 8,943.79/ac $ 8,943.79/ac Assoc. Pronertv Estimated Revenue: $ 978,993.98 Community Facilities District 12-M provides for the public services of landscaping and storm water quality improvements associated with McMillin Otay Ranch and Otay Village 7. Improvement Area 1 generally lies south of Birch Road, East of Magdalena A venue, and west of the SR 125. Improvement Area 2 is generally located east of La Media Road, south of Birch Road, and west of Magdalena A venue. The budgets for Fiscal Year 2007/08 are estimated to be approximately $452,486 for both Improvement Area No.1 and Improvement Area No.2. 7-66 EXHIBIT U Community Facilities District 13-M (Otay Ranch Village 2) Land llse Cate~()Q 2007/0S 2007/0S Estimated l\laxiuuuu I\clual Un eHue Rate Rate Improvement Area I - Residential $ 0.393/sf $ O.393/sf Improvement Area I - $7,728.421ac ~ O.OO/ac Non-Residential Improvement Area 2 - Residential $ O.537/sf $ O.OO/sf Improvement Area 2 - $8,649.721ac $ O.OO/ac Non-Residential Improvement Area I - $7,728.421ac $7,728.36/ac Final Map Improvement Area I - $7,728.421ac $ 678.321ac Other Taxable Pronertv Improvement Area I -Taxable Property Owner Assoc. $7,728.421ac $ O.OO/ac Propertv Improvement Area 2 - $8,649.721ac $8,649.721ac Final Man Improvement Area 2 - $8,649.721ac $2,054.88/ac Other Taxable Pronertv Improvement Area 2 -Taxable Property Owner Assoc. $8,649.721ac $ O.OO/ac Pronertv Estimated Revenue: $82,966.00 A Special Tax of Community Facilities District 13-M shall be levied on all Assessor's Parcels of Taxable Property within the CFD each Fiscal Year Commencing in Fiscal Year 2007-2008. Community Facilities District l3-M provides the necessary funding for the perpetual operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements for Otay Ranch Village Two. Otay Ranch Village Two lies south of Olympic Parkway, West of La Media Road and west of the Landfill Site. 7-67 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007-2008 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,07-1, 08-1, 08-M, 09-M, ll-M, 12-1, 12-M, 13-1 AND 13-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT WHEREAS, the maximum Special Tax rates for Community Facilities Districts 97-1, 97- 2,97-3,98-1,98-2,98-3,99-1,99-2,2000-1,2001-1, 2001-2, 07-1, 08-1, 08-M, 09-M, 11-M, 12- I, 12-M, 13-1 and 13-M; authorized, pursuant to the approved rate and method of apportionment of special taxes for each respective community facilities districts, to be levied for Fiscal Year 2007-2008 are set forth in Exhibits A through U, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximum Special Tax rate that may be levied in Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-1, 08-1, 08-M, 09-M, 11-M, 12-1, 12-M, 13-1 and 13-M in Fiscal Year 2007-2008 at the rates as set forth in Exhibits A through U hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2007-2008 as authorized by Government Code Section 53340. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista acting as the legislative body of Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98- 3,99-1,99-2,2000-1,2001-1,2001-2,07-1,08-1, 08-M, 09-M, 11-M, 12-1, 12-M, 13-1 and 13-M respectively, as follows: SECTION I. The foregoing recitals are true and correct. SECTION 2. This City Council does hereby establish the maximum Special Tax rates that may be levied for Fiscal Year 2007-2008 in Community Facilities Districts 97-1, 97-2, 97-3, 98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 07-1, 08-1, 08-M, 09-M, ll-M, 12-1, 12-M, 13-1 and 13-M as the rates set forth in Exhibits A through J, L, N through U attached hereto. SECTION 3. Pursuant to Government Code 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities district to which this resolution applies including the amount ofthe Special Tax to be levied on each parcel for Fiscal Year 2007-2008 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of such auditor. The amount of the Special Tax to be levied on each such parcel shall be based upon the budget 7-68 Resolution No. 2007- Page 2 for each such community facilities district as previously approved by this City Council and shall not exceed the maximum Special Tax as set forth in Exhibits A through U hereto applicable to the community facilities district in which such parcel being taxed is located. Scott Tulloch City Engineer fioa.' Presented by H:\ENGINEER\RESOS\Resos2007\07-17-07\Resolution for CFD Agenda_ FY0708.DQC 7-69 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007-2008 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT. WHEREAS, the maximum Special Tax rates for Community Facilities District 06-1 and 07-M; authorized, pursuant to the approved rate and method of apportionment of special taxes for this community facilities district, to be levied for Fiscal Year 2007-2008 are set forth in Exhibits K and M, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximum Special Tax rates that may be levied in Community Facilities Districts 06-1 and 07-M in Fiscal Year 2007-2008 at the rates as set forth in Exhibits K and M hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2007-2008 as authorized by Government Code Section 53340. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista acting as the legislative body of Community Facilities District 06-1 and 07-M respectively, as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. This City Council does hereby establish the maximum Special Tax rates that may be levied for Fiscal Year 2007-2008 in Community Facilities District 06-1 and 07-M as the rates set forth in Exhibits K and M attached hereto. SECTION 3. Pursuant to Government Code 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities district to which this resolution applies including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2007-2008 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of such auditor. The amount of the Special Tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximum Special Tax as set forth in Exhibits K and M hereto applicable to each community facilities district in which such parcel being taxed is located. Presented by Scott Tulloch City Engineer yo/l'. nn Moore City Attorney H:\ENGINEER\RESOSIRcsoslOO7\07.17-07\Resolulion rOT CFD (06i07M)]Y0708.DOC 7-70 RESOLUTION NO. 2007- RESOLUTION AMENDING THE FISCAL YEAR 2007-2008 BUDGET BY APPROPRIATING $432,486 FROM COMMUNITY FACILITES DISTRICT 12M FUNDS WHEREAS, the landscaped areas for CFD 12M are being turned over to the City of Chula Vista for maintenance sooner than anticipated; and WHEREAS, for Fiscal Year 2007-2008, a budget amendment of $432,486 is required for the City to provide adequate landscape and storm drain maintenance services; and WHEREAS, landscape services include, but are not limited to, turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, trails, and associated appurtenant facilities located within the streetscape (parkway, median and slope perimeter landscaping) surrounding the development and trails, perimeter wall, and perimeter fencing; and WHEREAS, the storm water quality services include, but are not limited to, maintenance, repair, and replacement of storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and other similar facilities; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the resolution amending the Fiscal Year 2007-2008 services and supplies budget of CFD 12M by appropriating $432,486 from the available balance of the fund. Dave Byers Director of Public Works Operations 7 / Presented by H:\ENGINEERIRESOS\Resos2007\07-17-07\Resolution For CFD 12M Budget Amendment.doc 7-71 CITY COUNCIL AGENDA STATEMENT 7/17/07, Item 1 SUBMITTED BY: REVIEWED BY: REVIEWED BY: RESOLUTION ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRlCT FOR FIRST AVENUE (NAPLES STREET TO PALOMAR STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS RESOLUTION ADOPTING A MAP SHOWING THE PROPOSED BOUNDARlES FOR ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) RESOLUTION ORDERlNG THE INSTALLATION OF CERTAIN IMPROVEMENTS ON FIRST A VENUE (NAPLES STREET TO PALOMAR STREET), APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARlNG AND ORDERlNG THE INITIATION OF BALLOT PROCEDURES DIRECTOR OF GENERAL SERVI~ ~~ --- ACTING ASSISTAANCI MANAGER"? 1 CITY MANAGER 4/5THS VOTE: YES 0 NO ~ ITEM TITLE: BACKGROUND Residential properties along First Avenue, between Naples Street and Palomar Street, are currently without curbs, gutters, or sidewalks. Fifty of the fifty-nine property owners have signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Staff has completed preliminary design and cost estimates for this proj ect. RECOMMENDATION: That Council adopt the above resolutions to: 1. Accept the petition from First Avenue property owners for the formation of a special assessment district; 2. Approve the District Boundary Map 3. Approve the Preliminary Engineer's Report; 4. Order the construction of improvements; 5. Set the time and place of a public hearing for September II, 2007 at 6:00 pm to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of Cali fomi a ("Article XIIID"); and 6. Order the initiation of ballot proceedings in accordance with Article XIIID 8-1 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 7/17/07, Item~ Page 2 of 4 DISCUSSION: City staff received a petition on November 2003, initiating the formation of an Assessment District for the construction of street improvements along First Avenue, from Naples Street to Palomar Street. Fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation. The petition complies with Section 2804 of the California Streets and Highways Code, which requires that the petition be signed by at least 60 percent of the areal front footage property owners. At the time the petition was received, the City was starting the process of seeking a Section 108 loan from the United States Department of Housing and Urban Development (BUD) to fund street improvements in the Castle Park neighborhood. The loan was approved by BUD in late 2006. City Council's Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required. Property owners are typically expected to pay for the cost of constructing curb, gutter, sidewalk and driveway aprons. However, as part of the City's Western Chula Vista Infrastructure Financing Program, the City has offered to pick up the costs of the curb, gutter, sidewalk and street improvements. The property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way. These costs are proposed to be paid by the property owners. City staff conducted a public meeting and met with property owners on February 28, 2007, presenting the proposed improvements, financing mechanism, Assessment District formation process, and distributed preliminary ballots. At that meeting, staff explained the process for establishing assessment districts and an informal ballot was distributed to the property owners in attendance. All property owners in attendance were in favor of the proposed Assessment District formation. Based on the unanimous consent, the City concluded that the project had sufficient support to warrant proceeding with the District formation process. ImDrovements and Costs This project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First Avenue between Naples Street and Palomar Street. Details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report (Attachment B). The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. The total project cost is estimated to be $2,100,000, of which the property owners' share is $357,988 to cover the cost of constructing the concrete driveways and private improvement relocations only. Certain properties on First A venue were not included in the District. This includes properties at various locations along First Avenue, which either already have curb, gutter and sidewalk along their frontage or do not have any driveways. New driveway aprons will not be constructed for any of those properties. 8-2 7/17/07, ItemL Page 3 of 4 Future Actions The proceedings to form Assessment District No. 2007-1 (First Avenue) are being undertaken pursuant to the provisions of the Block Act and Article XIIm and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750). The notice, hearing and protest requirements of the Block Act, enacted long before the passage of Proposition 218 that added Article XIIID to the California Constitution and the enactment of the Prop 218 Implementation Act, differ in certain significant respects from the notice, protest and hearing procedures mandated by Article XIIID. However, the Prop 218 Implementation Act, enacted to facilitate the implementation of Article XIIID, provides that the notice, hearing and protest procedures imposed by the Prop 218 Implementation Act supercede any statutory provisions of the Block Act applicable to the levy of assessments pursuant to the Block Act, whether or not the provisions of the Block Act conflict with the provisions of the Prop 218 Implementation Act. Additionally, the Prop 218 Implementation Act provides that ifthe City complies with the notice, protest and hearing requirements of the Prop 218 Implementation Act, the City shall not be required to comply with the statutory notice, protest and hearing requirements that would otherwise be applicable to the levy of assessments pursuant to the Block Act. Consequently, the procedures proposed to be implemented to consider the levy of assessments within Assessment District No. 2007-1 (First Avenue) are the notice, protest and hearing procedures mandated by the Prop 218 Implementation Act. Council is requested to adopt the above resolutions to, among other actions, order the construction of the improvements, set the time and place for a public hearing regarding the construction of the improvements, and order the initiation of assessment ballot proceedings in accordance with Article XIIID in conjunction with said public hearing. If the resolution is adopted, staff will mail notices of the public hearing, together with assessment ballots, to all property owners at least 45 days in advance of the public hearing, which will be held on September 11, 2007. At the public hearing, property owners may present objections to the proposed work in accordance with Section 5132 of the California Streets and Highway Code and show cause why the proposed work should not be carried out in accordance with the Resolution of Intention. Additionally, by completing and returning their assessment ballots, the property owners will have the right to specify their support for or opposition to the levy of the assessments to finance the construction of the driveway aprons. The property owners have the option to revise their assessment ballots until the end of the public hearing. These assessment ballots will include the maximum principal amount that each property owner is required to pay. If the majority of property owners approve the levy of assessments to finance the construction of the driveway aprons, the City Council may then order the construction work for all of the improvements to be done and staff will complete design. It is anticipated that construction of this project will start in the fall of this year. Following completion of the construction of the project, the City Council will be asked to confirm the final assessments. So long as the final assessments are equal to or less than the assessments approved by the property owners pursuant to the assessment ballot procedure, no further public hearing will be necessary. If, however, the final assessments exceed the assessments approved by the property owners, it would be necessary for the City to conduct a 8-3 7/17/07, Item~ Page 4 of 4 further public hearing and assessment ballot proceeding in order to authorize the levy of the assessments in such higher amounts. Following confirmation of the final assessments, the property owners will have the option of paying any portion of the assessments during the 30-day payoff period following acceptance of improvements and confirmation of assessments. If assessments are not fully paid during that time, the City customarily collects the unpaid balance on the tax roll over a period of ten years, together with interest on the unpaid principal at the rate of 5.5 percent per year. Property owners may pay the balance of their assessments at any time during the ten-year repayment period without penalty. 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 proposed action was adequately covered in a previously adopted Notice of Exemption. In addition the Environmental Review Coordinator reviewed the proposed action for compliance with the National Environmental Policy Act (NEP A) and determined that the proposed action was adequately covered in a previously adopted Categorical Exclusion (subject to 58.5) pursuant to the Department of Housing & Urban Development guidelines. Thus, no further environmental review or documentation is necessary. 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 The total cost of this project is estimated to be $2,100,000. It is estimated that property owners will repay $357,988 of the cost of the project over a ten-year period. The project is funded by the Section 108 loan. Normal maintenance activities will be required in the future. Attachments: A. Petition Signed by First Avenue Property Owners B. Preliminary Engineer's Report Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department M:\General Services\GS Administration\Council Agenda\STL-303 First Avenue Assessment Dist\First Avenue Assessment District Intent Al13 revised June 29 2007.doc 8-4 ATTACHMENT A- f"\~\ Honorable Mayor and Members of the City COlmcil CityofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District to Finance the Costs of Construction of Driveway Aprons and Street Improvements for Properties Along First Avenue between Oxford Street and Palomar Street. Mayor and Members of the City Council: We are the owners (the "Owners") of the properties located in the City ofChula Vista (the "City") which are identified adjacent to our signatures below and are also shown on the map attached to this Petition as Attachment A hereto. The Owners respectfully petition the City Cotmcil of the City (the "City Council") to initiate proceedings pursuant to tlte Improveme/lt Act of 1911 (Streets alld Higltways Code Sectioll 5000 alldfollowillg) or tlte MlIlIicipal Improvemellt Act of 1913 (Street alld Higltways Code 10000 alld followillg) to consider the formation of an assessment district for the purpose of financing the costs of construction of driveway aprons and street improvements along First Avenue between Oxford Street and Palomar Street (the "Improvements"). Construction of driveway aprons will be limited to those aprons intersecting directly with First A venue. The Improvements and the properties proposed to be included within the boundaries of assessment district are also shown on Exhibit A. We understand that ifan assessment district is formed as we have petitioned the following costs will be assessed against those properties that will receive special benefit from the Improvements: I. The costs to construct the Improvements; and 2. Financing costs related to payment of the above costs over'time. We further understand that ifthe City Council elects to initiate the proceedings to consider the formation of an assessment district as we have petitioned: 1. The record owners ofthe properties proposed to be assessed will receive notice of a public hearing to be held by the City Council. At such public hearing any interested person may present written or oral testimony and the City Council will consider all objections or protests to the proposed assessment. 2. The record owners of the properties proposed to be assessed wi1l also receive an assessment ballot by which such record owners may express their support for or opposition to the proposed assessment. 8-5 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such p)lblic hearing. The City Council shall have the authority to fonn the assessment district and levy the proposed assessments only if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we are not waiving our right: (a) to testify orally or in writing at the public hearing described above, (b) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the levy ofthe proposed assessment on our property if we do not agree with the amount of such proposed assessment. This petition is respectfully submitted by: Neil!hborhood Coordinator Name: Address: Phone: Date Sil!ned Name of Proper tv Owner(s) (printed or typed) Sil!nature of Property Owner(s) Street Address ill: Assessor's Parcel No. ; .' tl/.. 'fl-In.~ /0, ;!..oo 3 /A) ft R. frVf:. /f'rj) I.fJv;':vtftlf'f /Uk'!t No\! 10 j 'J..OC3 Le,nore \'\. Shields ,(" ,-' 'l..tu Fp JJ!'tt.&iRJ Nav \ 0 , 'loa 3 \J i l t.. Cl.rq \) W"IV<, 8-6 Date Sil:!Ded No, 10, 'lao 3 Name of Property Si!!Dature of Owner(s) Property Owner(s) (printed or typed) Street Address Q!: Assessor's Parcel No. ,~ 0it.tor -1-\ Sx:(J~ I- . > flUt.a;;. / f'Jov, \0, ;J.()03 (J~ >~ L:? ;P"d 1/.16/ -:ZOO:7 No\! 10,").003 1\)0"; 10, 'd-OQ..3 NO\l iO,."d-C03 \\)0\1 \0, d-OO..3 Neill Ie, ~C03 Genevi e." e. c.. ~eMecly G<:\\e.\Jieve. c.. Kerw~.c\ 1 GlorI';' G. Gecr~t- B. (bc..\~l"Q.;~1-, \[;"'~i"io..l' ; Q.t1:-Ied os: w.t~ f!., I / )I:(~"~ . clde -.)Je~ fJ. I2den )?). ..ji-- /.i;.!:j'",;} . 1.,.- J,~ i .1,' f / .r/~__'.' i_\ ~i I ,,~~,..," .. ~ : .fl/.3~ q)~,,~~ ~fv'-~ .1f! \V1 f> E" lNtoo\!.'f {\l~4 (.01/ ;l-od) 8-7 Date Siened Name of Property Sienature of Owner(s) Property Owner(s) (printed or typed) //- /0 - 2 tJo.3 ;:n1 t? ~trI ,,-... lI/bj74-;CJ C7;}I!:Vie J I - II - J.OOj Mo..rJG,)"ttC~\lV\ ~ fI\~o..r-U C"'pdl\.n~ ~..L..""..d".,::", / NCNem'uu- Ilj d.OO3 ~~__r$-- j\jD'J~[i\berll,'J.oo3 \Y)o.r~o;-~tC,~\~ ~ ~ Otr~ Nov e.il'\ Iw" \ [, 'J.D03 fl\o.r~o.,n~t CbpeJC\.r\d N()\lt-i'I\~e, 1\,1.oo:l NO\1tlYihr 1\ I ~CQ3 "toV , I l-Cb3 . I /VOll I/t ZOO.S )J1(~ /uvv \I 0 V\1:.t.o..\ A. Stl""DOp~ ycvv.-J <) re re.'1; ejJ;2.{~ lostl ;1 f}d/ttd.e. " 8-8 Street Address J!!: Assessor's Parcel No. i. ,. Date Shwed Name of PropertY Si2nature of Owner(s) Property Owner(s) (printed or typed) NolJe,\Y)bt.- II, ;).003 .4 A/ D /€. G.s z:, cv"-,,,"- BA.e;aA,eA O.er;;;G-A \'JD~iY\btr- II} 'l-C03 ~Jo\lUYlh,r l lJ 1CQ3 ~\ClV\C.C^. \'h lIes Nrw t,O\b V'" I l,'J..OO3 JU1 ~ /v(QUiIt >' It .t?" ?" ~~. /"1 V 111:> Ii 0 ~ rLAL'.1'-" L. Nove.mb~r 1I /~COj w~~I)- ~(jVI:,1M~r \"~fdeo fr\~l"lc.. V'll1<"IK'1,un .~ <1-l iJa. O\d.re> ~11:e . --:s- <:> "- - S;;tc d.-A [ .2dJf5 I\iO\l~M~~l" 13,~\Q3 'i' tJ<.r- l\)o\Jemk \~,dm3 \'I\Qr\~Gi.Je..rrc;ro rJ'^-frv', f\ <{;:>';I:= ~ Ie"" 8-9 Street Address Q!: Assessor's Parcel No, r/ .'/ J' r \1.2.<;;\ Honorable Mayor and Members of the City Council City,of.Chula Vista 276'Fourth Avenue Chula Vista, CA 91910 ~ DEe 1 7 2003 ~ CITY OF CHULA VISTA BLDG. & PARK CONSTRUCTION Re: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District to Finance the Costs of Construction of Driveway Aprons and Street Improvements for Properties Along First Avenue between Naples Street and Oxford Street. Mayor and Members ofthe City Council: Weare the owners (the "Owners") of the properties located in the City of Chula Vista (the "City") which are identified adjacent to our signatures below and are also shown on the map attached to this Petition as Attachment A hereto. The Owners respectfully petition the City Council ofthe City (the "City Council") to initiate proceedings pursuant to tile Imp,'ovemellt Act of 1911 (Streets alld Higllways Code Sectioll 5000 alldfollowillg) 01' tile MI/llicipal Improvemellt Act of 1913 (Street alld Higllways Code 10000 alld followillg) to consider the formation of an assessment district for the purpose of financing the costs of construction of driveway aprons and street improvements along First Avenue between Naples Street and Oxford Street. (the "hnprovements"). The hnprovements and the properties proposed to be included within the boundaries of assessment district are also shown on Exhibit A. We understand that if an assessment district is formed as we have petitioned the following costs will be assessed against those properties that will receive special benefit from the hnprovements: 1. The costs to construct the hnprovements; and 2. Financing costs related to payment of the above costs over time. We further understand that if the City Council elects to initiate the proceedings to consider the formation of an assessment district as we have petitioned: 1. The record owners of the properties proposed to be assessed will receive notice of a public hearing to be held by the City Council. At such public hearing any interested person may present written or oral testimony and the City Council will consider all objections or protests to the proposed assessment. 2. The record owners of the properties proposed to be assessed will also receive an assessment ballot by which such record owners may express their support for or opposition to the proposed assessment. 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such public hearing. The City Council shall 8-10 \\ ./ , have the authority to form the assessment district and levy the proposed assessments only if the assessment ballots submitted in favor ofthe levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots. the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we are not waiving our right: (a) to testify orally or in writing at the public hearing described above, (b) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment. This petition is respectfully submitted by: Neie:hborhood Coordinator Name: 7..-.<'t L ubJus Phone:/f~ ek.J-t.. (;-~.("l ~,,(, 919'11- J5!J Address: Date Sie:ned Name of Property Owner(s) (orin ted or typed) Sie:nature of Property Owner(s) Street Address 2!: Assessor's Parcel No. ,,1/ ..., /~.- -;/..) . r K \ L(.{ C~-v') c: ," "....~ /',.-- I /~9~ O\JN~ ~~ ~~\Q:S Po""... G''''t:!.. Jfof .F~ / ;/ /1-Lf-6~ fG f..,/VAN 'Vo'iZ-o,'IO,IO \\1..\0::' (\'\<0C_~'~"- 8-11 / /- L{ 03 G:. L-. V I n.t~ t~~~ PPIGO / (" ,/7fc<~~) !? II _LI-zi3 E /1+ ol s:; _LL! fJ ru~U (,,:~(nt :J-t%i lY\0 \ \",e, indue, / rl-L\~03 IZobef ') " "D(\ KeU-CirrLWYyv' ll-q-Oj fr1 At:" <;, !{<[4-ti'I\.!1 v ~M10 O. 0/ fJ- LI-03 C kid ?oft{ II - S"-o") J {) '" '" \0 \.\ " K\0H ~f".,\{~ lr- c;-o) Ci/e?J / ~ e"/J C/i:'/l. / f( - \" ---0 3 ;,/ "}/be"/'h 6.. II I 'I ji! ~ f)A-NJ;"C<-- UU / v WQOP Date Sil!ned Name of Property Sil!natnre of Owner(s) Property Owner(s) (printed or typed) Street Address ill: Assessor's Parcel No. 8-12 _ Name of Proper tv Sil!nature of Owner(s) Property Owner(s) (printed or typed) Street Address m: Assessor's Parcel No. Date Si!!ned ii-q.~O:) fI1lll!Jl1'" m....fwle;- 'h1M<" .,,, "'''Jt;.:-.. " 11- q- 0) 1J11f,e/~ &1 l14efIVl".er 11- q ~O) {/,11i {f RMt (; fi-q-b'\ -'m?'.4:" .~ ""'7Jt:..~ ~:.-./~ 1(- q-o~ J?~~~bl..- ~/~0 ~/ G.lA1'l~t(bt -z,. , ') (I- q-o'; ~&l(/ :j 1l1"'1'~" '77..,.'(/..) e/.J/.. J/rsj.... a;# /-/ l3 (;Ur-4-: - flf// 11- q_ 0) 6fV\. ~~ ~ \ ;/ I tV\v!'\o'- II. 10- Q') eJ... jV ,-' /,- ' )"7/J)JC [1-10- 0") eLj 6 c '"'- 5/A i'lL 8-13 Date Si2ned /(--10- O<y /.'1-{O-03 11-11- O~ I/'IJ-O") ll-I~-o) ii-I'-( -0") "~1-'1-63 /I~ -Z-'f. D) Name of Property Sienature of Owner(s) PrODertv Owner(s) (printed or tvDed) Street Address Q! Assessor's Parcel No. MArt.rrtef-(P;1. ~ f1a.R..D/'V L..,D k. ~~ 1Qtlth. Sff()~ ~AM.. !HI~.,"':I7J tufF;'" {C.t./~ 9A\.'1~90~h\Vk'C. h~z.- ~~~_ ~4~'jV a'~ZJ''lh; ~ Alv"dof- ~ VW"',,- ~~{;l(..z<-u?, AA~\O ~\v...>fe'!- ;?~-i'/ ~ / l/ , v/ 8-14 .tlEe '16 20m @ . ... t' L~wL,fi , / .~~ {(.~.'. .......1.(..-~ p-fl~~~~7f/I~Jt1...................._...... ..."3-c-..: ~4"/&,':c:.,... 1~~.4<.....'1:kUl"", ~; 7~'V'- ,j."r<.~7aW.'.i""" ,-z-'1.l~~ c",,# -eJ,;'--V? )(C .$:;-6"J-)b~9Q(,s--..J.",=~....:c~j<"-~ za. .~.. I c~~ ...~~.,,~i</,;...~"'-yr,i!/,,;j!!/d~.;d "d ~? .. c,;. ..tr"" .' e.-!'-'i:l/ ii~!d:6=:,:,.' ......, ../j~f~-!' "/:i"f .-1<>Li', . ,..,.",.t,,~j.,cl .6-' <'"'-ti /!N:"'-:":!;< ..'?Z1JlA'''f'~f.;<:j "4 --6.L <,,>,,,'k>4-- t>'e::...:- 0:0"/1.;'-), 0~'!-" #"... A';# ...;;/..,.,~.'~:~~.~ . 8Le CITY OF CHUlA VISTA G..&..PAAK.CONSTRUCTION ._ .I') I') . 'I j //'i/l'/'('! . . "!v'.-r;.;,t: /~. ',,')1- .,,, I"7"/''1~~'i\/'- )"t'f1fi'i"i . .... ...___.C:':.:.v':; ,r.A, ...,-~:_........;... - .,- ,. 7/y/,l ..I... 8~15- ATT.L\CHMENTL, PRELIMINARY ENGINEER'S REPORT FIRST AVENUE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2007-01 JUNE 28, 2007 8-16 Backe:round First Avenue, between Naples Street and Palomar Street in Chula Vista, is a residential street with an 80-foot width ofright-of-way and is located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third A venue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements along First A venue generally consist of asphaltic concrete pavement with some existing curb-and-gutter improvements. In November 2003, fifty-nine First Avenue property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1913. This district would finance the construction of the missing curb, gutter and sidewalk and other street improvements along First Avenue, from Naples Street to Palomar Street. The City currently has a policy regarding participation in 1913 Block Act proceedings. According to this policy, the City will provide all engineering, inspection and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements, which would be in conflict with the new improvements, including utilities, and costs associated with construction of the curb, gutter and sidewalk, and street reconstruction. These costs would not be assessed to the property owners. The property owners would be responsible to pay for all costs associated with the driveway apron construction and any costs associated with the relocation of private improvements (only if private improvements are located in the public right-of-way). 2 8-17 Overall Desilm and Cost Estimate , The project area and general location of improvements are shown on Exhibit A, the Proposed Boundary Map for Assessment District 2007-01, First Avenue. The properties, which wilI benefit from these improvements and would be a part of the district, are as follows: Address Assessor's Parcel Address Assessor's Parcel Number Number 1237 FIRST AV 619-261-47 1103 FIRST AV 619-151-01 1154FIRSTAV 619-192-22 . 1247 FIRST AV 619-261-17 1117 FIRST AV 619-151-04 1280 FIRST AV 619-250-19 1179 FIRST AV 619-201-03 1169FIRSTAV 19-201-01 1138 FIRST AV 619-142-12 1122 FIRST AV 619-142-09 1134 FIRST AV 619-142-11 1128FIRSTAV 19-142-10 1255 FIRST AV 619-270-02 1248 FIRST AV 19-232-39 1209 FIRST AV 019-261-10 1195 FIRST AV 19-201-06 1219 FIRST AV 619-261-11 1139 FIRST AV 19-151-08 1180 FIRST AV 619-192-16 1214 FIRST AV 19-232-17 1160 FIRST AV 619-192-20 1173FIRSTAV 19-201-02 1254-1256 FIRST AV . 619-250-38 106 PALOMAR ST 619-250-18 103 GLENHAVEN WY 619-250-36 1111 FIRST AV 19-151-03 1276-1278 FIRST AV 619-250-37 1133 FIRST AV 19-151-07 1186 FIRST AV 619-192-27 1116FIRSTAV 619-142-27 1155 FIRST AV 619-201-16 1118 FIRST AV 619-142-28 1239 FIRST AV 619-261-25 1143 FIRST AV 19-151-09 1235 FIRST AV 619-261-45 1156 FIRST AV 619-192-21 1129 FIRST AV 619-151-06 1107 FIRST AV 619-151-02 1265 FIRST AV 619-270-14 1157 FIRST AV 19-201-15 1176 FIRST AV 619-192-17 1142 FIRST AV 19-142-13 1286 FIRST AV 619-250-10 . 1204 FIRST AV 19-232-14 1197 FIRST AV 619-201-07 1227 FIRST AV . 619-261-32 1149 FIRST AV 619-151-10 1153 FIRST AV ~19-201-17 108-110 HENRY LANE 619-232-18 7 OXFORD ST 1619-261-01 1251 FIRST AV 619-270-01 1185 FIRST AV 11619-201-04 1112 FIRST AV 619-142-07 1189 FIRST AV 619-201-05 1172FIRSTAV 619-192-18 1188 FIRST AV 619-192-14 1168 FIRST AV 619-192-19 1206 FIRST AV 619-232-16 1123 FIRST AV 1619-151-05 3 8-18 The improvements include reconstruction of the asphaltic concrete street, construction of monolithic curb, gutter and sidewalk, and miscellaneQus associated drainage facilities. The sidewalk will be five feet wide and will match the existing sidewalk at the south end of First Avenue, adjacent to Palomar Street. Where driveways are located, a driveway apron will be constructed to provide a transition between the street, the sidewalk and the driveways. Several properties have trees, fences or walls, which will need to be removed, relocated or reconstructed to construct the proposed street improvements. Total construction cost for the project is estimated to be $1,600,000. This estimate is based on the preliminary design. City staff costs for design, inspection and associated soil testing are estimated to be an additional $500,000. Method of Aooortionment The City of Chula Vista has offered the Castle Park area property owners an incentive to form an Assessment District for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for the driveway aprons and the relocation of private improvements within the City right- of-way. The property owners' responsibility has a total estimated cost of $357,988. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and any private improvement relocation within the City's right-of-way. . The breakdown of construction costs among the fifty-nine properties within the district is shown below. For each property, the square footage of driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. Several properties will also require private improvement relocation. Costs associated with the relocations are included with the preliminary assessment. 4 8-19 Assessor's Private Improvement Preliminary Address Parcel Number Modlfic'ations Assessment 1237 FIRST AV 619-261-47 $7,50r 1154 FIRST AV 619-192-22 $5,50, 1117 FIRST AV 619-151-04 $4,35f . 1179 FIRST AV 619-201-03 $5,77< 1138 FIRST AV 619-142-12 $3,192 1134 FIRST AV 619-142-11 $3,972 1255 FIRST AV 619-270-02 Tree $5,280 1209 FIRST AV 619-261-10 $7,356 1219 FIRST AV 619-261-11 $5,256 1180 FIRST AV 1619-192-16 $6,084 1160 FIRST AV 619-192-20 $2,988 1254-1256 FIRST AV 619-250-38 $5,784 103 GLENHAVEN WY 619-250-36 $3,276 1276-1278 FIRST AV 619-250-37 $10,584 1186 FIRST AV 619-192-27 $9,168 1155 FIRST AV 619-201-16 Post and rail fence $7,064 1239 FIRST AV 619-261-25 2 trees $4,604 1235 FIRST AV 619-261-45 $5,148 1129FIRSTAV 619-151-06 Chain link fence $8,984 1265 FIRST AV 619-270-14 $2,772 1176 FIRST AV 619-192-17 $4,476 1286 FIRST AV 619-250-10 $2,412 1197FIRSTAV 619-201-07 Wooden fence and oost and rail fence $7,604 1149 FIRST AV 619-151-10 $6,672 108-110 HENRY LANE 619-232-18 $4,200 1251 FIRST AV 619-270-01 $3,144 1112FIRSTAV 619-142-07 $4,992 1172 FIRST AV 619-192-18 $2 724 1103 FIRST AV 619-151-01 $8,136 1247 FIRST AV 619-261-17 $5,808 1280 FIRST AV 619-250-19 $6,744 5 8-20 1169 FIRST AV 619-201-01 Wrought iron fence, 2 trees $10,424 1122 FIRST AV 619-142-09 $7,104 1128 FIRST AV 619-142-10 $3,708 1248 FIRST AV 619-232-39 $5.916 1195 FIRST AV 619-201-06 Chain link fence $8,61" 1139 FIRST AV 619-151-08 Wrought iron fence $8.288 1214 FIRST AV 619-232-17 $5.004 1173 FiRST AV 619-201-02 Chain link fence $9 932 106 PALOMAR ST 1619-250-18 $2,400 1111 FIRST AV 619-151-03 $7 524 1133 FIRST AV 619-151-07 Tree and fence $6,764 1116 FIRST AV 619-142-27 $6.024 1118 FIRST AV 619-142-28 $5,472 1143FIRSTAV 619-151-09 $9,480 1156FIRSTAV 619-192-21 $3.300 1107FIRSTAV 619-151-02 $7.368 1157 FIRST AV 619-201-15 Wrought Iron fence $11264 1142 FIRST AV 619-142-13 $3,192 1204 FIRST AV 619-232-14 $4,488 1227 FIRST AV 619-261-32 Tree $15,032 1153 FIRST AV 619-201-17 2 trees, chain fence $8,180 97 OXFORD ST 619-261-01 $4,968 1185FIRSTAV 619-201-04 $4.884 1189 FIRST AV 619-201-05 Post and rail fence $6 860 1188 FIRST AV 619-192-14 $3.192 1168 FIRST AV 619-192-19 $3816 1206 FIRST AV 619-232-16 $5.148 1123 FIRST AV 619-151-05 Chain link fence $8,084 The cost breakdown in this Engineer's Report will be reviewed after the project has been constructed. At that time, all quantities and costs will be known and Final Assessments can be determined. The assessment for each individual property cannot be increased without another ballot process. 6 8-21 ~!I!l~ ~B6~ C <C Z a:: o ... I-~ ~Uu 0_ I Cc::i:; r--.I-w OU11- -<C 001- N Vl t3 1-0 a:I-Z" C5UW~ ~Cc::2z ol-W<C CDU1>Vl 0-0'" ""'0 0 gj Cc::>- o.l-o...!;;: a2Z2i5 o.w-u 21-- U1U~ U1 <( Vl W :;: U1n5 U1~::;J <( O'l (5 ~... o >- I- <3 ...... sn.wN ,..... ""'" o Y - N 1'11'( } ;i 8-22 i i I-P dH ~ ~ij ~ i H g ..~ I . 9 . ~ '" ,< ~ ~ I Z il~~i~ ~~151~ ~~~:i [. I 8'"'1:1 .=.~> . -~~ -'St~. '1< ". .. ~i<<!i 5 '..Ii ~.ii~5 ~ i~'5=~~ :i5bbS~ 8 " ~ . . ~ ! . ~ g~ "- -" " .~ ., ~g .'1 :~'C -., ~~. ..' t..~ ;u "5' ~.~ ~'- ii!a~ 5~ q ~. ~ 53 ~ ~ : I g .~. . ij s~ B ",;;::lO li ~ i. ~ ..0 . (1':'0 0 ~g ~# ~. 20 .. .. "0 ::;a; ~ i r ;; ~ o . I RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST AVENUE (NAPLES STREET TO PALOMAR STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS WHEREAS, City staff received a petition on November 2003, initiating the formation of an Assessment District for the construction of street improvements along First Avenue, from Naples Street to Palomar Street; and WHEREAS, fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and the property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way; and WHEREAS, details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report. The report inclUdes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a petition requesting the formation of an Assessment District for First Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of street improvements. Fbi- Presented by Jack Griffin Director of General Services J:\AllorneyIRESO\FINANCE\Firsl Avenue Assessmenl Dis!. 1_07-17-07.doc 8-23 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) WHEREAS, City staff received a petition on November 2003, initiating the formation of an Assessment District for the construction of street improvements along First Avenue, from Naples Street to Palomar Street; and WHEREAS, fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as . paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First Avenue between Naples Street and Palomar Street and the property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way; and WHEREAS, details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a map showing the proposed boundaries for Assessment District No. 2007-1 (First Avenue). Presented by Jack Griffin Director of General Services J:\AlIomey\RESO\FINANCE\Firsl Avenue Assessment Disl. 2_07-17-07.doc 8-24 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERlNG THE INSTALLATION OF CERTAIN IMPROVEMENTS ON FIRST A VENUE (NAPLES STREET TO PALOMAR STREET), APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARlNG AND ORDERlNG THE INITIATION OF BALLOT PROCEDURES WHEREAS, City staff received a petition on November 2003, initiating the formation of an Assessment District for the construction of street improvements along First A venue, from Naples Street to Palomar Street; and WHEREAS, fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation. WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and the property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way; and WHEREAS, details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby order the installation of certain improvements on First Avenue (Naples Street to Palomar Street), approving the Preliminary Engineer's Report, setting the time and place for a public hearing and ordering the initiation of ballot procedures. Presented by Jack Griffin Director of General Services ~ J:\AltorneyIRESO\FINANCEIFirsl Avenue Assessment Disl. 3_07-17-U7.do<; 8-25 CITY COUNCIL AGENDA STATEMENT ~'Yf:. CITY OF n~ (HULA VISTA July 17, 2007 ltem---3- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MEMORANDUM OF UNDERSTANDING DIRECTOR OF PUBLIC WORKS OPERATION0- ACTING ASSISTANT CITY MANAGER ~ CITY MANAGER SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES D NO ~ BACKGROUND On January 24,2002, City Council adopted Resolution No. 2002-15 approving a Memorandum of Understanding ("MOU"- please see Exhibit B) regarding compliance with the National Pollutant Discharge Elimination System (''NPDES'') regulations. The MOU was entered into by and among the County of San Diego, the San Diego Unified Port District, and the eighteen cities of San Diego County ("Copermittees') to implement regional activities required by the NPDES Municipal Stormwater Permit issued by the Regional Water Quality Control Board (Regional Board) on February 21, 2001 as Order No. 2001-0001 ("2001 Permit"). On January 24,2007, the RWQCB re-issued the permit as Order No. R9-2007-00l ("2007 Permit"), which requires, among other things, the development and implementation of a regional Hydromodification Plan ("HMP") within specific timeframes. The proposed resolution would approve the First Amendment to the MOU (Exhibit A) to address Copermittee implementation of the HMP within the time frames specified in the 2007 Permit. ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION That City Council approves the First Amendment to the National Pollutant Discharge Elimination System (NPDES) Memorandum of Understanding. 9-1 July 17, 2007, Item~ Page 2 of3 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The current NPDES MOU, which sets forth responsibilities and cost-sharing provisions for implementation of the 2001 Permit by the Copermittees, is set to expire on July 24,2007. The proposed First Amendment to the MOU provides for the following: (a) establishes a cost-sharing formula for the development of a Hydromodification Management Plan (HMP), a new requirement under the 2007 Permit; (b) extends the termination date of the MOU to December 31,2007; (c) allows the inclusion of the San Diego Regional Airport Authority in the division of costs related to the development of a HMP; and, (d) provides for the recovery of administrative costs by Copermittees that administer contracts related to the development of a HMP. Development of the HMP is a time-intensive regional activity that needs to be undertaken immediately for deadlines established in the 2007 Permit to be met. Hydromodification is the change in natural watershed hydrologic processes and runoff characteristics caused by urbanization and other land use changes that result in increased storm flows, sediment transport, and alterations to natural stream and river channels. The required Hydromodification Plan (HMP), when fully implemented, would address these impacts to natural stream and river channels by establishing a framework for managing increases in runoff discharge rates and durations from land development and redevelopment projects where such increased rates and durations are likely to cause increased erosion of channel bed and banks, sediment pollution generation, or other impacts to beneficial uses and stream habitat due to erosive forces. The HMP, once approved by the Regional Board, must be incorporated into the City's Standard Urban Stormwater Mitigation Plan (SUSMP) and project review process. DECISION MAKER CONFLICT 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 The City's share of the costs associated with the development of a HMP is estimated to be between $80,000 and $100,000 over a two-year period and will, directly impact the City's General Fund. This cost has been included in the Additional NPDES Funding Needs analysis prepared as part of the FY 2007-08 budget process. The first year's costs were approved by City Council with approval of the FY 2007-08 budget. ATTACHMENTS Exhibit A: Proposed First Amendment to National Pollutant Discharge Elimination System, San Diego Regional Stormwater Copermittees Memorandum of Understanding 9-2 July 17, 2007, Item~ Page 3 of3 Exhibit B: National Pollutant Discharge Elimination System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding dated December 3, 2001 Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of PWOPS, 6/26/20076:31 PM Shared on "Pw2000" (K:)\Public Works OperationslAgenda Statements FY08IAgenda Statement - MOU Update. doc 9-3 1. l, eX H I i.3 i i .rl i'IRST AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM SAN DIEGO REGIONAL STORMW A TER CO PERMITTEES MEMORANDUM OF UNDERSTANDING THIS FIRST AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES), SAN DIEGO REGIONAL STORMW ATER COPERMITTEES MEMORANDUM OF UNDERSTANDING (First Amendment to MOU), made and entered into this _ day of ,200_ by County of San Diego (herein called County), the San Diego Unified Port District (herein called Port), and the incorporated cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach, and Vista (herein called Cities), collectively called Copermittees, with reference to the following facts. RECITALS A. Copermittees entered into a National Pollutant Discharge Elimination System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding (MOU) on December 3,2001, known as County of San Diego Contract No._, to comport with NPDES Pennlt No. 2001-01 requirement that Copermittees cooperate in the implementation of a Storm Water Management Plan; and B. On January 24, 2007, the San Diego Regional Water Quality Control Board (SDRWQCB) issued NPDES Pennit No. R9-2007-0001 which includes requirements in addition to those that were imposed on the Copermittees in NPDES Permit No. 2001-01, including a requirement that the Copennittees collaborate to develop and implement a Hydromodification Management Plan; and C. Copermittees wish to amend the MOU to: (I) set forth a different cost allocation formula for the development of the Hydromodification Management Plan (HMP) (2) extend the First Amendment to San Diego Regional Storm water Copenniuees MOU - 1 - May 29, 2007 9-4 termination date of the MOU to such time as the Copennittees agree to tenninate the MOU; (3) allow for the inclusion of the San Diego Regional Airport Authority in the division of costs related to the development of a Hydromodification Management Plan; (4) provide for the recovery of administrative costs by Copennittees administering contracts related to the development of a Hydromodification Management Plan; and D. The Copennittees have initially estimated the total cost of developing an HMP, including contracting with outside sources for such services, to be $1,000,000 over a two year period, and on March 15,2007 approved a Fiscal Year 2007-08 regional shared costs budget that included $600,000 toward such costs, plus an additional 5% for contract management; and E. The San Diego Regional Airpol1 Authority (Airport) is a Copennittee under NPDES Pelmit No. R9-2007-0001; and F. Airport, although not a party to this MOU, has voluntarily agreed to share in all HMP costs in accordance with the formula set forth herein; and NOW, THEREFORE, in consideration of the above recitals and the mutual promises contained herein, the parties agree l'Q-amend and supplement the MOD as follows: 1. FIRST AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDESj, SAN DIEGO REGIONAL STORMWATER COPERMITTEES MEMORANDUM OF UNDERSTANDING 1.1 SectionIV.A.8 of the MOU entitled "Fiscal Responsibilities, General Responsibilities" is hereby amended and restated to read as follows: 8. Except as set forth herein, the Principal Copennittee agrees to waive administrative or other costs necessary to fulfill the responsibilities described in Section I.A. For purposes of Hydromodification Management Plan (HMP) cost allocation, as desclibed in section IYB.2, County or any other Copennittee contracting for services to develop a HMP, First Amendment to San Diego Regional Storm water Copermittees MOU - 2- May 29,2007 9-5 shall be entitled to reimbursement of contract management costs at a rate of 5% of the total contract cost minus their proportionate share and shall be reimbursed ti'om the fund established for program operations described in section IV.A.l ot'the MOU. 1.2 Section IV.B of the MOU, entitled "Fiscal Responsibilities, Division of General Program Costs", is hereby amended and restated to read in its entirety as follows: 1. Except as set forth in subsection 8.2 or as subsequently detennined, the following cost share allocation shall apply to the development and administration of the annual Management Committee Budget described in IV.A. Only shared Regional General Program costs described in Section IV.A.6 are required to be included as part of this Budget. However, for convenience or economy, groups of Copennittees may elect to include Watershed or Other General Programs within this overall Budget. The cost share basis among the participating Copennittees for Watershed or Other General Programs included in the budget may differ from the cost allocation formula described below. The waiver of administrative costs described in Section IV.A.8 shall apply to Watershed and Other General Programs only with consent of the Principal Pennittee. Prior to the allocation of shared costs, each proposed or approved budget element or sub-element shall be identified as either a Regional General Program, a Watershed General Program, or an Other General Program, and the Copennittees sharing that cost shall be identified. The cost of any particular budget element shall be subject to the approval of only the Copennittees to which it applies. For each, costs shall be divided among participating Copennittees. The costs of Regional General Programs shall be allocated according to the following formula: a. Ten percent (10%) of the cost shall be divided equally among all Copermittees b. Forty-five percent (45%) of the cost shall be divided based on population. Population-based costs shall be divided among all Copennittees as follows: First Amendment to San Diego Regional Stormwater Copermittees MOU - 3 - May 29, 2007 9-6 (i) The percentage of Population Share Costs for which each Copermittee is responsible shall be calculated by dividing their total population by the combined total population of all participating Copennittees within the geographic area applicable to the shared program or activity. These percentages shall be calculated using the "Household" population figures of the San Diego Association of Governments (SANDAG) "Population and Housing Estimates" for the year 2000 or as formally updated or amended by SANDAG. (ii) The County's population for Regional Programs shall be the entire population of the unincol1lorated County. The County acknowledges that this will be a greater total population than that which would otherwise be included within the geographic area described in Section IV.B.l.c(iii). below. (iii) The Port's population shall be based on the most recent available estimate of the number of persons whose primary place of residence is aboard a vessel within San Diego Bay (e.g., marinas, moorings, etc.). These numbers shall be based on estimates provided by the Harbor Police. c. Forty-five percent (45%) of the cost shall be based on urbanized land area to be divided among all participating Copennittees as follows. (i) The percentage of land area costs for which each Copermittee is responsible shall be calculated by dividing their total urbanized land area by the combined total urbanized land area of all participating Copennittees within the geographic area applicable to the shared program or activity. First Amendment to San Diego Regional Stormwater Copermittees MOU - 4 - May 29, 2007 9-7 (ii) These totals shall be calculated using the most recently available San Diego Association ofGovemments (SANDAG) land use statistics. (iii) The total urbanized land area for the County shall include those urbanized lands in the unincorporated portion of the County that are west of the County Water Authority (CW A) service area boundary as it exists on the date ofthis Agreement or as formally amended by the CW A, plus land areas east of this line but draining toward the ocean that are served by a public water supply authority on the date of this Agreement (i.e., parts of Julian, Descanso, and Jamul/Dulzura). (iv) The total urbanized land area for the Port shall include those urbanized lands within Port District boundaries. These totals shall be subtracted from the urbanized land areas of each of the respective Port member cities (San Diego, Coronado, National City, Chula Vista, and Imperial Beach). 2. The cost allocation fonnula among the Copermittees for the development of a Hydromodification Management Plan by a professional consultant, is estimated to be $1,000,000. $600,000 of that amount is included in the Copermittees' FY 2007-08 regional shared costs budget. The final cost of a consultant contract for the development ofa HMP, which shall not exceed $1,250,000, except by written amendment of this MOU, shall be determined upon its award, with remaining funding to be budgeted by each oflhe Copermittees in FY 2008-09. HMP costs shall be allocated according to the following fonnula: a. Ten percent (10%) of the cost shall be divided equally among all Copermittees. b. Ninety percent (90%) of the cost shall be divided based on the estimated number of Developable Parcels within each Copermittees' jurisdiction. Developable Parcel-based costs shall be divided among all Copermittees as follows: First Amendment to San Diego Regional Stormwater Co permittees MOU - 5 - May 29,2007 9-8 2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego Regional Stonnwater Copennittees, Memorandum of Understanding shall remain in full force and effect. In the event of a cont1ict between the provisions of the MOU and those of this Amendment, this Amendment shall control. IN WITNESS THEREOF, this First Amendment 'to MOU is executed as follows: Date: City of Chula Vista, Copermittee First Amendment to San Diego Regional Stormwater Copermittees MOU - 12- May 29, 2007 9-9 EXH ISII i3 " National Pollutant Discharge Elimination System San Diego Regional Stormwater Copermittees MEMORANDUM OF UNDERSTANDING December 3, 2001 This Memorandum of Understanding (MOU), entered into by the County of San Diego (herein called County), the San Diego Unified Port District (herein called Port), and the incorporated cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, EI Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach, and VISta (herein called Cities), collectively called Copermittees, establishes the responsibilities of each party with respect to compliance WITh the National Pollutant Discharge Elimination System (NPDES) storm water permIT reguiations administered by the UnITed States Environmental Protection Agency (U.S. EPA) under the authorITy granted by the Federal Water Pollution Controi Act (Clean Water Act) 33 USCA 1251 et. seq. as amended. RECITALS WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollution Control Act (33 USCA 1342p) to require the U.S. EPA to promulgate regulations for applications for permITs for storm water discharges; and WHEREAS, the U.S. EPA adopted final permIT regulations on November 16, 1990; and WHEREAS, these permit regulations require the control of pollutants from storm water discharges by requiring a NPDES permIT which would allow the lawful discharge of storm waters into waters of the UnITed States; and . WHEREAS, the County, the Port, and the CITies desire to implement an integrated storm water management program WITh the objective of improving surface water quality in the County of San Diego; and WHEREAS, the Califomia State Water Resources Control Board (CSWRCB) as designee of the U.S. EPA has delegated authorITY to the San Diego Regional Water Quality Control Board (SDRWQCB) for administration of the NPDES storm water permIT WIThin the boundaries of ITS region; and WHEREAS, on February 2t, 2001, the Regional Board issued a NPDES permIT and Board Order No. 2001-01 (herein called PermIT) governing waste discharge requirements for storm water and urban runoff from the County, the Port, and the Cities, naming these entITies as Copermittees; and WHEREAS, said permIT and order require that the Copermiltees cooperate in the implementation of a Storm Water Management Plan inciuding the execution of a Memorandum of Understanding; NOW, THEREFORE, the parties hereto do mutually agree as follows: PERMITTEE RESPONSIBILITIES A. DESIGNATION AND RESPONSIBILITIES OF PRINCIPAL PERMITTEE San Diego Regional Stormwater Copermittees MOD 9": 1 0 December 3,2001 1. The County of San Diego ("County") is hereby designated Principal Permittee. As such, the County incurs each of the responsibilities described in Section 1.A2. below. The County aiso has the responsibilities of all Copermittees described in Section I.B. of this MOU. 2. As necessary to meet the requirements of the Permit, the Principal Permittee shall provide overall program coordination and support, Including the following tasks and responslbiiities: a. Establish, chair, and provide overall Permit coordination and leadership of the Regional Storm Water Management Committee (herein called Management Committee, see Section II). b. Submit to the SDRWQCB the formal agreement between the Co permittees that provides a management structure for meeting the requirements of the Permit. c. Submit to the SDRWQCB the standardized formats for all reports required by the Permit by February 21, 2002. d. Submit the unified Jurisdictional Urban Runoff Management Program (URMP) document, including the Modei Standard Urban Stormwater Mitigation Plan (SUSMP), to the SDRWQCB by February 21,2002. e. Provide personnel and resources to facilitate the development and implementation of Regionai General Prpgrams (as defined in Section I.B.2.a.l.). f. Execute, manage and administer contracts on behalf of the Copermittees as necessary to support the impiementation of Regional General Programs. With consent of the Principal Permittee, this may also include Watershed or Other General Programs. The Principal Permittee shall not be obliged to enter into any contract, or continue with a contract, unless the Principal Permittee has received the funds each Copermittee is obliged to contribute to the cost of the contract, or has received adequate assurances that such funds will be received before payments under that contract become due. The Principal Permittee shall have sole discretion to determine whether assurances that required funds will be timely received are adequate. g. Collect and assemble the individuai and joint program reports, pians, and submit them to the SDRWQCB as required in the Permit. The following individual Copermittee documents and reports shall be integrated into a single unified document and/or report: . Jurisdictional Urban Runoff Management Plans (URMPs) . Jurisdictional URMP Annual Reports . Watershed URMP Documents . Watershed URMP Annual Reports . Dry Weather Analytical Monitoring Reports . Receiving Waters Monitoring and Reporting Program Annual Proposals and Reports h. Provide the Management 'Committee with meeting agendas including topic input from the Copermittees. i. Record all Management Committee votes and provide meeting summaries. j. Maintain a current mailing list of interested parties. k. Coordinate public Input process(es) for proposed regional management and implementation plans where applicable. 9-11 San Diego Regional Stormwater Copermittees MOD - 2 - December J, 2001 I. Provide a repository for the centralization of urban runoff data and information. m. Conduct data management and anaiysis. n. Maintain knowledge of and advise the Co permittees regarding current and proposed State and Federal policies, regulations, and other NPDES programs; assist the Copermittees in the development and presentation of positions on these issues before local, State, and Federal agencies. o. Represent the Co permittees on the California Storm Water Quality Task Force. However, Copemrittees do not waive their right to represent themselves individually as they deem appropriate. p. Formally advise appropriate State and Federal agencies of temrination or amendment of this MOU. q. Formally advise Co permittees in advance of official votes to be taken by the Management Committee. 3. Responsibilities of the Principal Permittee may be amended by a vote of the Management Committee to include additional tasks or responsibilities necessary to meet the requirements of the Permit, or to provide additional water quality benefits as determined appropriate with consent of the Principal Permittee. B. RESPONSIBILITIES OF All COPERMITTEES 1. INDIVIDUAL PROGRAM RESPONSIBILITIES a. Individual Programs are urban runoff management activities and programs which are required of individual Co permittees as defined in Sections F, G, H, and I of the Pemrit (excluding the collaborative development of model Standard Urban Storm Water Mitigation Plans (SUSMPs) required in Section F.1.b.(2)). b. Within their sole jurisdiction, each of the Copermittees shall incur each of the following Individual Program responsibilities: --1 i. Establish and maintain adequate legal authority to control pollutant discharges from its MS4 as required by Section D (Legal Authority) of Order No. 2001-01 and to ensure compliance with the provisions of Section F of the Permit. ii. Provide data, information, and reports within the time frames agreed upon by the Management Committee, to the Principal Permittee as necessary for program development, assessment, and reporting purposes. iii. Cooperate with the SDRWQCB in pursuing enforcement action as necessary to ensure compliance with their URMP. iv. Enforce locai laws, codes, and ordinances as necessary to ensure implementation of plans where it has statutory authority to pursue such enforcement actions. v. Ensure adequate response to emergency situations such as accidental spills, leaks, and illicit discharges. vi. Prepare and submit to Principal Permittee an individual jurisdictional URMP document. vii. Prepare and submit to Principal Permittee individual jurisdictional URMP annua[--n~~~rts. San Diego Regional Stormwater Coperrnittees MOD - 3 - 9-12 December 3,2001 viii. Abide by the terms of this MOU where rt does not conflict wrth any other statutory requirements. 2. GENERAL PROGRAM RESPONSIBILITIES General Programs are urban runoff management activities and programs which are required of, or provide a general and collective benefrt to, all Copermrttees or groups of more than one, but less than all CopermITtees. General Programs must be mandated by the Permrt, or be necessary to implement activities mandated by the Permrt, or otherwise be conducted with the consent of all CopermITtees participating or cooperating in the particular activity or program. a. The following deflnrtions shall apply to General Programs. i. Reaional General Proarams are activities and programs that apply to all CopermITtees of the Penmrt. ii. Watershed General Proarams are activities and programs that apply to the CopermITtees wrthin any of the Watershed Protection Areas (WPAs) defined by the Permit. Iii. Other General Proarams are activities and programs that apply to multiple CopenmITtees, but which do not apply to Regional or Watershed General Programs as described above. II REGIONAL STORM WATER MANAGEMENT COMMITTEE A. ESTABLISHMENT OF THE REGIONAL STORM WATER MANAGEMENT COMMITTEE A Regional Storm Water Management Committee (Management CommITtee) is hereby established. The purpose of the Management CommITtee is to provide regional coordination of urban runoff management activities, to develop and implement Regional General Programs, and to develop a framework for consistency between Watershed or Other General Programs and Individual Programs. The development of urban runoff management activities at the regional, watershed, and individual program levels requires the input and participation of all CopermITtees. The Management CommITtee will provide a forum for the representation of interests, and the development of consensus during the presentation. discussion, and evaluation of proposed activities and program elements. B. MANAGEMENT COMMITTEE REPRESENTATION 1. The Management CommITtee shall be chaired by the Principal Permittee who shall record all votes in the meeting summaries. 2. Each of the Copermittees (18 cities, the County and the Port) shall be allocated one vote. 3. Each of the CopermITtees shall have one representative as a member of the Management CommITtee. 4. A quorum of two-thirds rounded up to the next whole person of the Management CommITtee must be present for a vote to be held. 5. Except as noted elsewhere in this MOU, approval of al! ~A~nagement CommITtee recommendations shall require a two-thirds affirmative vote of the total number of CopermITtees present. In all instances, a majorrty affirmative vote of the total Management Committee rounded up to the next whole person shall be required. 9-13 San Diego Regional Stormwater Copermittees MOU - 4 - December 3, 2001 6. Meetings of the Management Committee, including any closed sessions WITh legal counsel, shall be conducted in accordance WITh the "Brown Act" (Govemment Code Section 54950 et seq.) The individual Copermittees have differing opinions on whether the Brown Act legally should be interpreted as applying to members of the Management Committee. In executing this Agreement, the Copermittees do not waive their right to take the posITion that the Brown Act legally does not apply, but voluntarily agree to follow Brown Act procedures for Management Committee meetings. Except for official meetings of the Management Committee, nothing herein shall be interpreted to require meetings between staff members of the individual Copermittees (including designated representatives of the Co permittees) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each Copermittee Is Individually responsible for ensuring that IT complies WITh the Brown Act. C. RESPONSIBILITIES OF THE MANAGEMENT COMMITTEE The Management Committee shall be responsible for the following: 1. Developing, implementing, and/or arranging for implementation of, Regional General Programs (see Section I.B.2.a.i.). 2. Addressing common issues, promoting consistency among JUlisdictional Urban Runoff Management Programs (Jurisdictional URMPs) and Watershed Urban Runoff Management Programs (Watershed URMPs), and planning and coordinating activities required under the PermIT. 3. Jointly developing standardized format(s) for all reports required under the PermIT (e.g., annual reports, monitoring reports, fiscal analysis reports, and program effectiveness reports). 4. Approving an annual Budget (see Section IVA). 5. Establishing by-laws for the conduct of all meetings. 6. Establishing subcommittees or workgroups to review specific issues and make recommendations. III WATERSHED ACTIVITIES ....j For each of the nine watersheds listed in Table 4 of the PermIT, each Copermittee shall collaborate WITh other Copermittees WIThin ITS watershed and shall develop and implement a Watershed URMP as required by the PermIT. San Diego Regional Stormwater Copermittees MOD - 5 - 9-14 December 3,2001 IV FISCAL RESPONSIBILITIES A. GENERAL RESPONSIBILITIES 1. The Copermittees shall each pay a yearly assessment Into a fund established for Program operations for their assigned portion of the Management Committee approved Budget (Budget). The proportionate share of the Budget that each Copermittee shall pay is defined in Section IV.B below. 2. Any individual Copermittee, or group of Co permittees, may enter into separate agreements with other Copermittees, including the Principal Permittee, for services necessary to fulfill Individual Program responsibilities as described in Section I.B.1. above. 3. Each Copermittee shall pay its share of expenses within 60 days of receipt of an invoice from the Principai Permittee. Funds collected and not expended in any fiscal year shall be credited to the Copermittees' share of the next flScai year's costs in accordance with the Copermittees' defined participation rates. 4. No later than January 1s' of each year, a Budget Subcommittee shall prepare and submit for consideration by the Management Committee an estimated budget of costs and expenses for Regional General Programs applicable to the ensuing fiscal year. 5. To ensure that Copermittee governing bodies have sufficient time to consider fiscal impacts, the Management Committee shall prepare a draft Budget by no later than January 31s' of each year for those Regional General Programs to be instituted in the ensuing fiscal years. After consideration of comments and discussion, a final Budget will be prepared, approved, and distributed by no later than February 28'h of each year. The Budget will be based on the fiscal year beginning July 1 st and ending June 30'h, and shall include a description of major tasks, schedules, and projected costs for Regional General Programs. 6. Unless amended by a vote of the Management Committee, annually budgeted shared costs for Regional General Programs and activities shall include the following elements. Copermittees shall be responsible for their proportionate share of the amount approved pursuant to this section for each of these elements: a. Stormwater Permit Fees ($10,000 per year unless amended by the SWRCB). b. Receivina Waters Monitorino and Reoortina Proaram. c. Reaional Outreach and Education Proaram. Activities not required for Permit compliance shall be considered Other General Programs rather than Regional General Programs. d. Reaional Stormwater Hotline. The County agrees to continue operation of a Regional Stormwater Hotline as an in-kind contribution to the Copermittees' Regional Outreach and Education Program subject to the following conditions. i. The County's total staffing contribution, including its proportionate share, shall not exceed 1.0 full-time equivalent hotline operator. ii. The County's expenses will be limited to those costs necessary to facilitate the receipt of public inquiries and complaints, make referrals for followup and investigation to appropriate Co permittees or other agencies, and provide basic educational information. 9-15 San Diego Regional Stormwater Coperrnittees MOU - 6 - December 3, 2001 iii. The cost of producing and/or distributing written or other materials in response to Hotline requests shaH be the sole responslbiltty of the Copermittee to which those requests apply. Wrth consent of the County, such materials may be provided under separate agreement. iv. The County may discontinue providing this service at tts own discretion, but in such case agrees to provide Copermittees sufficient notice to aHow the establishment of other services as necessary to meet their Permtt obligations. This period shaH be at the discretion of the County, but shaH Include no iess than 60 days written notice, e. Contribution to the California Stormwater Qualttv Task Force. f, Addttlonal elements which have received unanimous consent of the Manaoement Committee. 7. Following the end of each fiscal year, the Principal Permittee shaH provide a detailed accounting of the costs and expenses. The Principal Permittee shaH also provide the Management Committee quarterly Budget Balance and Expendtture Status Reports. 8. The Principal Permittee agrees to waive administrative or other costs necessary to fulfiH the responsibiltties described in Section I.A. above. 9, Each Copermittee shaH timely submtt a budget request, sufficient tQ fund the Copermittee's assigned share of the approved Management Committee Budget for the ensuing fIScal year, to that Co permittee's governing body for approval. The submission shaH reference and provide information on the approved Management Committee Budget, and shaH inform that Copermittee's governing body that if the requested funds are not provided the Copermitte'e will be excluded from further Management Committee participation and wiH be in violation of RWQCB Order No. 2001-01. 10. Subject to approval by the Copermittees participating in a particular shared General Program, individual Copermittees may provide in-kind rather than monetary contributions toward the cost of that activtty. 11. Should a dispute arise among any of the parties regarding any matter related to this MOU, the parties agree to first meet and confer in good faITh to attempt to resolve the dispute. If that fails to resolve the dispute, they wiH submit the matter to mediation. If mediation fails to resolve the dispute, they shaH submtt tt to non- binding arbITration. if they cannot agree on a singie arbttrator, they shall each select one arbttrator and the two arbITrators shaH select a third arbITrator. The matter shaH then be decided by a panel of the three arbITrators by a majorITy vote. San Diego Regional Stormwater Copermittees M019 -16- December 3, 200! B. DIVISION OF GENERAL PROGRAM COSTS The following shall apply to the development and administration of the annual Management Committee Budget described in IVA above. Only shared Regionai General Program costs described in Section IV.A.6. above are required to be included as part of this Budget. However, for convenience and/or economy, groups of Copermittees may elect to include Watershed and/or Other General Programs within this overall Budget. The cost share basis between the participating Copermittees for Watershed and/or Other Generai Programs inciuded in the budget may differ from the cost allocation formula described below. The waiver of administrative costs described in Section IVA8. shall apply to Watershed and Other General Programs only with consent of the Principal Permittee. Prior to the allocation of shared costs, each proposed or approved budget element or sub-element shall be identified as either a Regional General Program, a Watershed General Program, or an Other General Program, and the Copenmittees sharing that cost shall be identified. The cost of any particular budget element shall be subject to the approval of only the Copermittees to which it applies. For each, costs shall be divided among participating Copenmittees. The costs of Regional General Programs shall be allocated according to the following formula: 1. Ten percent (10%) ofthe cost shall be dMded equally among all Co permittees. 2. Forty-five percent (45%) of the cost shall be dMded based on population. Population-based costs shall be divided among all Co permittees as follows: a. The percentage of Population Share Costs for which each Copermittee is responsible shall be calculated by dividing their total population by the combined total population of all participating Copermittees within the geographic area applicable to the shared program or activitity. These percentages shall be calculated using the "Household" population figures of the San Diego Association of Governments (SANDAG) "Population and Housing Estimates" for the year 2000 or as formally updated or amended by SANDAG. b. The County's population for Regional Programs shall be the entire population of the unincorporated County. The County acknowledges that this will be a greater total population than that which wouid otherwise be included within the geographic area descnbed in Section IV.B.3.c. below. c. The Port's population shall be based on the most recent available estimate of the number of persons whose primary place of residence is aboard a vessel within San Diego Bay (e.g., marinas, moorings, etc.). These numbers shall be based on estimates provided by the Harbor Police. 3. Forty-five percent (45%) of the cost shall be based on urbanized land area 10 be divided among all participating Copermittees as follows. a. The percentage of land area costs for which each Copermittee is responsible shall be calculated by dMding their total urbanized land area by the combined total urbanized land area of all participating Copermittees within the geographic area applicable to the shared program or activitity. b. These totals shall be calculated using the most recently available San Diego Association of Governments (SANDAG) land use statistics. c. The total urbanized iand area for the County shall include those urbanized lands in the unincorporated portion of the County that are west of the County Water Authority (CWA) service area boundary as it exists on the date of this 9-17 San Diego Regional Storrnwater Copermittees MOD - 8 - December 3, 2001 Agreement or as formally amended by the CWA, plus land areas east of this line but draining toward the ocean that are served by a public water supply authority on the date of this Agreement (i.e., parts of Julian, Descanso, and Jamul/Dulzura). d. The totai urbanized land area for the Port shall include those urbanized lands within Port District boundaries. These totals shall be subtracted from the urbanized land areas of each of the respective Port member cities (San Diego, Coronado, National City, Chula Vista, and Imperial Beach). C. DIVISION OF INDIVIDUAL PROGRAM COSTS During the life of this MOU, it may be necessary or desirable for Copermittees or groups of Copermittees to enter into agreements for selilices necessary to fulfill Individual Program responsibilities. Determination of costs for these selilices is solely the responsibility of participating Copermittees. V LIFE OF AGREEMENT A. TERM OF AGREEMENT The term of this MOU commences on its execution by each and all of the duly authorized representatives in the County, the Port, and the Cities. The life of the MOU shall run with the life of the current Permit plus six months, unless the Copermittees agree to put a revised MOU in place sooner. For purposes of this paragraph, any permit renewal or replacement after January 2006 shall be considered a new permit; any earlier amendment of the Permit increasing the obligations of the Principal Copermittee may at the County's sole option, be deciared to be a new permit; and the Management Committee shali determine whether any other earlier amendment to the Permit is of such significance as to effectively be a new Permit. B. WITHDRAWAL OF CO PERMITTEE 1. Participation in this MOU may be withdrawn by any Copermittee for any reason only after the Copermittee complies with all of the following conditions of withdrawal: a. The Copermittee shall notify all of the other Copermittees in writing 90 days prior to its intended date of withdrawal. b. The withdrawing Copermittee shall have its name deieted as a Copermittee to the Permit. 2. Any expenses associated with withdrawal, including but not limited to, filing and obtaining the withdrawing Copermittee's individual NPDES permit and the amendment of the Permit will be solely the responsibility of the withdrawing Copermittee. 3. The withdrawing Copermittee shall be responsible for their portion of any shared costs incurred according to the conditions of this MOU up to the time that each of the conditions in Section V.B.1. above has been met. 4. Any monies paid by withdrawing Copermittee in excess of the amount due under the terms of the MOU shall be refunded to the Copermittee at the time the withdrawal becomes final as set forth in Section V B.1.a. above. 5. The withdrawing Copermittee shall not be entitled to participate in the division of proceeds in any reserve fund account, if any, if, and when, the MOU is dissolved. San Diego Regional Stormwater Copermittees MOUs-=fa December 3,2001 C. NON-COMPLIANCE WITH MOU REQUIREMENTS Any participant to this MOU found to be in non-compliance with the conditions of this MOU shall be solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to comply with MOU conditions within specified or agreed upon timelines shall constitute non-compliance with the MOU. D. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING This MOU may be amended only by consent of all Copermittees. No amendment shall be effective unless it is in writing and signed by the duly authorized representatives of the Copermittees. E. GOVERNING LAW This MOU shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The headings used throughout this MOU are for convenience only and do not in any way limit or amplify the terms or provisions of the MOU. F. CONSENT AND BREACH NOT WAIVER No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and' signed by the Copermittee to have waived or consented. Any consent by any Copermittee to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. G. INDEMNIFICATION Each party to this MOU (1) shall have the sole responsibility to comply with the Permit, (2) shall pay all fines, penalties, and costs which may arise out of such party's non- compliance with the Permit, and (3) shall enter into agreements with neighboring co permittees as necessary to address cross-boundary pollution. H. APPLICATION OF PRIOR AGREEMENTS This MOU constitutes the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. 9-19 San Diego Regional Stormwater Copermittees MOD - 10 - December 3, 200 I , A\~f;t,~ I :\'f&\\~\\'" , ~'\~~~' IN WITNESS THEREOF, this Agreement is exec~ted as follows: Date: . j , i 9-20 . I . (--... ~ '_.;....' RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MEMORANDUM OF UNDERSTANDING WHEREAS, on January 24, 2002, the City Council adopted Resolution No. 2002-15, approving a Memorandum of Understanding [MOU] regarding compliance with the National Pollutant Discharge Elimination System [NPDES] Permit; and WHEREAS, the MOU was entered into by and among the County of San Diego, the San Diego Unified Port District, and the eighteen cities of San Diego County [Copermittees] to implement regional activities required by the NPDES Municipal Stormwater Permit issued by the Regional Water quality Control Board [Regional Board] on February 21, 2001, as Order No. 2001-0001 [2001 Permit]; and WHEREAS, on January 24, 2007, the Regional Board reissued the permit as Order No. R9-2007-001 [2007 Permit], which requires, among other things, the development and implementation of a regional Hydromodification Plan [HMP] within specific timeframes; and WHEREAS, the proposed First Amendment to the MOU provides for the following: (a) establishes a cost-sharing formula for the development of a Hydromodification Management Plan, a new requirement under the 2007 Permit; (b) extends the termination date of the MOU from July 24, 2007, to December 31, 2007; (c) allows the inclusion of the San Diego Regional Airport Authority in the division of costs related to the development ofa HMP; and, (d) provides for the recovery of administrative costs by Copermittees that administer contracts related to the development of a HMP. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the first amendment to the National Pollutant Discharge Elimination System Memorandum of Understanding dated December 3,2001. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the first amendment to the Memorandum of Understanding on behalf of the City ofChula Vista. Presented by Approved as to form by ~\(~~fl~~k~ Ann Moore ' City Attorney Dave Byers Director, Public Works Operations J:\Allomey\RESQ\MOU\NPDES--lsl Amendment to MOU~07_17_07.doe 9-21 CITY COUNCIL AGENDA STATEMENT ~l~ CITY OF . -f t",?, CHULA VISTA 7/17/07, Item /0 ITEM TITLE: RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC FOR TURN-KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES FROM JULY I, 2007 THROUGH JUNE 30, 2009, AND THREE (3), ONE-YEAR EXTENSIONS THROUGH JUNE ~~~_ t<i'v- DIRECTOR OF GENERAL SERV~ ACTING ASSISTANT~I MANAGER "7-r CITY MANAGER 4/5THSVOTE: YES 0 NO ~ SUBMITTED BY: REVIEWED BY: REVIEWED BY: BACKGROUND In April, the City released a Request for Proposal (RFP) to provide Household Hazardous Waste (HHW) and Conditionally Exempt Small Quantity Generator (CESQG) Waste Management Services. The Evaluation Committee selected Clean Harbors Environmental Services, Inc (Clean Harbors) as the responsive bidder for a two-year contract, with three (3), one-year (I) extensions. Clean Harbors is the current contactor and if Council approves the resolution, Clean Harbors could continue to provide HHW services from July I, 2007 to June 30, 2012. Clean Harbors has agreed to an extension of the previous contract until July 31, 2007, while negotiations are completed for the new agreement. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Council approve the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista is the lead agency in the South Bay Regional Household Hazardous Waste (HHW) Program, which is a partnership between the cities of Chula Vista, Imperial Beach and National City. Chula Vista staff is also working on use agreements with the city and county of San Diego. Each jurisdiction pays for their residents' participation in this program. The HHW program is one element of the City of Chula Vista's Waste Diversion and Recycling Plan designed to reduce the amount of waste being disposed of at the landfills. 10-1 7/17/07, Item~ Page 2 of5 As a result of changes in state law regarding electronics, household batteries and fluorescent lamps, the number of Chula Vista residents using the HHW drop-off facility has significantly increased, making it necessary under the City Charter to re-bid this contract. 2007 .2004 02005 .2006 .2007 yearto date Q) ;;; ;;; ;;; .0 .0 0 .0 .0 E 13 E E ! 0 ~ 1l 0 ~ Q) Z rJl Figure 1 -Chart Data as of May 12, 2007 The City Purchasing Division of the Finance Department sent out Requests For Proposal packages to eleven (II) companies; two responded - Clean Harbors and Curbside Inc. An evaluation committee reviewed the proposals and interviewed both companies. The evaluation documents are available for review at the Finance Department. The HHW program provides Chula Vista residents with several proper disposal options for HHW and toxic materials such as - electronics, household batteries, and fluorescent lamps. The costs for this program are based upon the number of residents to use the program in any of the given program options. In an effort to assist the City of Chula Vista and our partner jurisdictions in cost containment, Clean Harbors has quoted their pricing as fixed for the two-year term of the agreement; each one-year contract extension (total of three [3]) includes a negotiated escalation in pricing not to exceed 2%. Based upon current participation trends, the contract is estimated to be worth approximately $240,000 annually. This number is only an estimate and may be higher or lower depending on the number of residents that participate in proper disposal practices for HHW materials. Clean Harbors embraces the waste reduction hierarchy of reduce, reuse, recycle, then incineration and landfilling. The company is developing a hazardous waste management program that will "be effective in recycling or reusing more than 65% of all the waste that is collected. "Materials that are recycled include latex paint, motor oil, oil filters, antifreeze, lead-acid batteries, high intensity discharge lights, mercury, nickel-cadmium batteries, lithium batteries, e-waste and fluorescent lights. As new technologies and lor recycling markets develop for other materials the list will be expanded. 10-2 7/17/07, Item~ Page 3 of5 Permanent Drop-off Facility The permanent household hazardous waste drop-off facility, located the Public Works Yard, 1800 Maxwell Road, Chula Vista, CA 91911, will be open every Saturday from 9 am to 1 pm with the exception of Thanksgiving Weekend, Christmas Weekend and New Year's Weekend. The new agreement has reduced the number of holidays observed to be more convenient for residents that use their holiday weekends to clean up their homes. Residents may bring 15 gallons or 125 pounds of HHW materials to the facility per trip. Load limitations are based on regulations for transporting HHW by the California Department of Transportation. The City's cost for this service will be $67.00 per car as described above; and $62.00 per additional loads up to 15 gallon or 125 pounds. Door-to-Door Collection Additionally, the contract provides door-to-door collection of HHW for Seniors and Disabled Citizens who cannot bring their materials to the drop-off facility. A targeted outreach program will be developed and implemented to make certain these residents know this service is available. The load quantities are limited to 12 gallons or 100 pounds. The resident will call to schedule a collection day. Clean Harbors will ship them an HHW Kit in advance of the collection date. Included with the Kit are instructions in English and Spanish, labels for common chemicals, a bag to contain the items, and one-way ties to secure the bag. Residents will then place the Kit at their door, in front of their garage, or behind their gate where it will be accessible on the designated date. Clean Harbors will arrive between the hours of 8 am and 5 pm to collect the prepared kit. Clean Harbors will deliver the materials to the permanent drop-off facility for packing and shipment to treatment/disposal facilities. For residents who cannot physically prepare their materials, Clean Harbors can prepare their kit for them. The resident only needs to tell the City representative they are unable to do the packing themselves when they call to make the appointment. The City's cost for this service will be $77.00 per load as described above, per household served. Additional loads of up to 12 gallon or 100 pound loads will cost $60.00 per load. Co-payments Residents will be required to pay a co-payment of $5.00 at the drop-off facility and $10.00 for door-to- door service. Clean Harbors will collect the co-payments and apply the payments to the "per vehicle" ($67.00) or "per residence" ($77.00) collection cost, billing the city for the remaining balance. The intent of the nominal co-payment is not to cover the cost of the providing the service but rather to make the point that the proper disposal of hazardous and toxic materials is expensive and hopefully will encourage residents to look for less toxic alternatives whenever they are available, thus reducing the negative impacts to the environment.. Special Collection Events The agreement includes pricing for four (4) special collection events per year for electronics, household batteries, and fluorescent lamps. The goal is to site these events in the north, south, east and west of the City to provide access to a greater number of residents to encourage proper disposal of these materials. Dates and locations for these events are pending. Pricing for these events will be based upon the number of attendees and the volumes and types of materials collected. Pricing is detailed within the contract. Conditionally Exempt Small Qnantity Generator (CESQG) Program A Conditionally Exempt Small Quantity Generator (CESQG) is a small business that generates no more than 220 pounds of hazardous waste per month. Clean Harbors will work with the City to develop and implement a CESQG Program that will include initial planning, public outreach, business assistance information, hazardous waste technical assistance and collection/acceptance of materials for proper disposal. Businesses will not be required to use Clean Harbors, Inc for this service and may contract with another qualified company. However, businesses will find this program convenient and easy to use. This program will be conducted on an appointment basis, weekdays from 8:00 am to 4:00 pm. Each CESQG, 10-3 7/17/07, Item~ Page 4 of 5 not the City, will be billed for the full cost of this service (acceptance/collection, lab packing, transportation and disposal) based upon the types and quantity of materials they generate. Those that cannot afford the costs associated with lab packing and transporting their own hazardous waste to the collection facility may receive at-the-door pick-up service from Clean Harbors. The CESQG will be charged for the pick up service in addition to the cost for acceptance, lab packing, transportation and disposal. Disposal costs vary with the types of hazardous materials the CESQG generates. Acceptable and Unacceptable Waste (as described in the Clean Harbors Proposal) Acceptable Waste Clean Harbors is permitted and able to handle most of the waste received at household hazardous waste collection programs. Acceptable wastes include: . Flammable, ignitable, and combustible materials. Examples include gasoline, kerosene, paint thinners, solvent-based paints, fUrniture strippers, stains, and finishes, some waxes and polishes. . Corrosive materials. Examples include inorganic acids such as sulfUric and muriatic acids, organic acids used in some cleaning solutions, caustics such as drain openers and rust or tarnish removers. . Oxidizing materials. Examples include dry swimming pool chlorine, some nitrate based fertilizers. . Reactive materials. Examples include cyanides, sulfides, and air or water reactive materials such as metallic sodium or lithium. Although not common in current consumer products, HHW collections routinely bring in items 10-50 years old, which may include these materials. . Toxic materials. Examples include pesticides, fUngicides, rodenticides, herbicides, moldicides, etc. . Chlorinated solvents. Examples include dry cleaning solvents, old "teardrop" hanging fire extinguishers, some wood and paint strippers, some wood finishes, waxes or polishes. . Aerosol cans. These may include materials in the categories listed above. It is stressed for the safety of everyone involved that all materials are known and properly labeled. Wastes that are not in their original containers will be accepted as "known" wastes provided they are labeled. Unknown wastes, if acceptable, will be field tested and packaged by DOT class and compatibility. Unacceptable Waste Clean Harbors reserves the right to refUse any waste deemed unsafe to handle or unsuitable for collection. Clean Harbors does not routinely accept the following materials, which are not common at household hazardous waste collection programs. However, we are able to handle them on a case- by-case basis at an additional charge. . Radioactive materials. Materials that exhibit measurable activity above regulatory thresholds and scintillation fluids, unless these fluids have an activity level less than 0.05 microcuries per gram and exhibit an EP A waste characteristic such as ignitability. This includes smoke detectors. . Explosive or potentially shock sensitive materials. Clean Harbors strongly recommends that program sponsors advertise that explosive and shock sensitive materials will not be accepted. This is primarily a public safety and liability control measure. We believe that it is not a good idea for a citizen to place an explosive or shock sensitive material in their car, drive unescorted through traffic over public roads, and come to a possibly crowded event. Instead, local public safety officials should be prepared to go to the citizen's home and collect the material for safe detonation or other management. The local fire department may be available to handle any 10-4 7/17/07, Item--1O..- Page 5 of 5 potentially explosive or shock sensitive materials that do arrive at the col/ection location. Clean Harbors does offer disposal of these materials (including explosive classes A, B, and C, and detonators) if necessary, however costs are significantly higher than working with a local agency. . Compressed gas cylinders. Unlike aerosol cans, compressed gas cylinders require shipment to specialized disposal facilities able to depressurize the cylinder and treat or dispose of the contents. Clean Harbors can handle many types of cylinders, including propane, oxygen, acetylene and helium, if received from HHW participants. . Biological, etiologic, and infectious materials. Viable organisms, human and animal tissues, and bodily fluids such as colostomy bags are not accepted by Clean Harbors. . Dioxin or materials containing Dioxin. There is no EPA approved disposal outlet in the United States for these wastes at this time. We can make arrangements for disposal of dioxins in Canada. . Large quantities of unknown materials . Substances regulated by the Drug Enforcement Agency . If the above listed unacceptable wastes are unintentionally received, Clean Harbors will work with the City to provide safe disposal of the materials. Our proposal does not include pricing for handling these wastes. Pricing will be provided as needed on a case by-case basis. DECISION MAKER CONFLICT 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 IMP ACT The costs of this program are paid through the AB 939 fees collected as part of the solid waste service rates. Currently, this program is not fully funded due to increased participation by residents, thus impacting the General Fund. As previously approved by Council, staff is working through the Public Protest Process required under Prop 218 to raise the AB 939 fees to ensure full funding of HHW and other waste diversion and recycling programs. The Department of General Services estimates a shortfall of about $30,000 for HHW disposal costs in FY 2006-07. This amount is anticipated to increase by 2% in FY 2007-08 based on population growth and anticipated increased participation. The total FY 2006-07 contract cost was $240,000. ATTACHMENTS Clean Harbors Environmental Services Agreement Prepared by: Lynn France, Conservation Coordinator, General Services Department M:\General Services\GS Administration\Council Agenda\Environmental\Clean Harbors agmt 6-19-07rev.doc 10-5 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC FOR TURN-KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES WHEREAS, the City of Chula Vista is the lead agency in the South Bay Regional Household Hazardous Waste [HHW] Program, which is a partnership between the cities of Chula Vista, Imperial Beach, and National City; and WHEREAS, Chula Vista staff is also working on a use agreement with the City and County of San Diego, with each jurisdiction paying for their residents' participation in this program; and WHEREAS, the Household Hazardous Waste Program is one element of the City of Chula Vista's Waste Diversion and Recycling Plan designed to reduce the amount of waste being disposed of at the landfills; and WHEREAS, in April 2007, the City released a Request for Proposal [RFP] to provide HHW and Conditionally Exempt Small Quantity Generator [CESQG] Waste Management Services; and WHEREAS, the Evaluation Committee selected Clean Harbors Environmental Services, Inc. [Clean Harbors] as the current contractor, and Clean Harbors could continue to provide HHW services from July 1, 2007, to June 30, 2012; and WHEREAS, Clean Harbors has agreed to an extension of the previous contract until July 31, 2007, while negotiations are completed for the new agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City Of Chula Vista does hereby approve an agreement between the City of Chula Vista and Clean Harbors Environmental Services, Inc. for Tum-Key Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Management Services from July 1, 2007, through June 30, 2009, and three (3), one-year extensions through June 30, 2010. 10-6 Resolution No. 2007- Page 2 BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City ofChula Vista. Presented by Approved as to form by ~~~, Ann Moore City Attorney Jack Griffin Director of Public Works J:\AllomeyIRESQIAGREEMENTS\Clean Harbors Ullrecment_07.I 7-07.doc 10-7 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 ~1.\.\C1<"\S\~~~ Ann Moore City Attorney Dated: ~,~ \ \ )1_ti:Jl. Agreement between City of Chula Vista And Clean Harbors Environmental Services, Inc. For Turnkey Household Hazardous Waste And Conditionally Exempt Small quantity Generator (CESQG) Hazardous waste Management Services 10-8 AGREEMENT BETWEEN CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR TURNKEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE MANAGEMENT SERVICES This agreement (Agreement) dated July I, 2007, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such (City), whose business form is set forth on Exhibit A, Paragraph 2, and the entity indicated on the attached Exhibit A, Paragraph 4, as Contractor, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 (Contractor), and is made with reference to the following facts: RECITALS WHEREAS, Contractor shall provide turnkey, household hazardous waste (ID-IHW) and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste management services for the City of Chula Vista and the partner agencies of the South Bay Regional Household Hazardous Waste Program (SBHHWP), comprised of Imperial Beach, National City and the City and County of San Diego and/or any other governmental entities identified by the City under this Agreement, but under separate purchase orders; and, WHEREAS, the HHW Management Services shall be for collection, storage, recycling and/or disposal of hazardous waste generated from households and businesses designated as Conditionally Exempt Small Quantity Generators (CESQGs); and, WHEREAS, Contractor 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 Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: I. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, Page I 10-9 B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Contractor shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Sc6pe of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Contractor, from time to time reduce the Defined Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. All agreements for reductions in the scope of work and compensation shall be in writing. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Contractor to perform additional contracting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph lO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Contractor, in perfonning any Services under this Agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: Page 2 10-10 (I) Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Contractor's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits ofInsurance Contractor must maintain limits no less than: I. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) 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 automobiles Page 3 10-11 owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Contractor's General Liability 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 by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The 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. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (I) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Page 4 10-12 Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies 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. Subcontractors Contractors must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. G. Security for Performance (I) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Contractor shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Departroent of Treasury Circular 570, http://www.fins.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph I 8, indicates the need for Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Contractor shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Contractor is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. Page 5 10-13 (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Contractor shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attomey. H. Business License Contractor agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Contractor for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Contractor throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this agreement: B. Compensation Upon receipt of a properly prepared billing from Contractor submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Contractor for out of pocket expenses as provided in Exhibit A, Paragraph II. All billings submitted by Contractor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. Page 6 10-14 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assigrunent or Deliverable, the Contractor shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Contractor's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Contractor A. Contractor is Designated as an FPPC Filer If Contractor is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Page 7 10-15 Practices Commission, and has detennined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written pennission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Contractor, and Contractor's employees, subcontractors or other persons, agencies or firms for whom Contractor is legally responsible in connection with the execution of the work covered by Page 8 10-16 this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party. With respect to losses arising from Contractor's professional errors or omissions, Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Contractor's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Contractor's obligations under this Section shall not be limited by any prior or subsequent declaration by the Contractor. Contractor's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (I) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Contractor, or Contractor's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Contractor agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party. The Contractor's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Contractor's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Contractor's professional obligation, work or services involving this Project, the Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or Page 9 10-17 defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Contractor shall, at the option of the City, become the property of the City, and Contractor 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 hereunder, and less any damages caused City by Contractor's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. I I. Assignability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subcontractors identified thereat as "Permitted Subcontractors". Page 1 0 10-18 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor'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 Contractor shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Contractor prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause Page II 10-19 the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Contractor not authorized to Represent City Unless specifically authorized in writing by City, Contractor shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Contractor is Real Estate Broker and/or Salesman [fthe box on Exhibit A, Paragraph 15 is marked, the Contractor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 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 Agreernent, and performance hereunder, shall be the City of Chula Vista (End of page. Next page is signature page.) Page 12 10-20 SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC FOR TURNKEY HOUSEHOLD HAZARDOUS WASTE AND CESQG WASTE MANAGEMENT SERVICES IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ana Moore, City Attorney Clean Harbors Environmental Services, Inc., Contractor Dated: By: /}Jj D,o lei" arne of Person, Title] c/ J1ot"r..J.- ~rr;~"...., 7..5v;? By: [Name of Person, Title] Exhibit List to Agreement (./) Exhibit A. Page 13 10-21 Exhibit A to Agreement between City of Chula Vista and Clean Harbors Environmental Services, Inc 1. Effective Date of Agreement: July 1,2007 2. City-Related Entity (,f)City ofChula Vista, a municipal chartered corporation of the State of California 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 SBHHWP Facility Site Location: 1800 Maxwell Road, Chula Vista, CA 91911 4. Contractor: Clean Harbors Environmental Services, Inc. 9369 Dowdy Drive, Suite H San Diego, CA 92126 5. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership (,f) Corporation 6. Place of Business, Telephone and Fax Number of Contractor: 9369 Dowdy Drive, Suite H San Diego, California 92126 Voice Phone: 858547-3131 Fax Phone: 858 547-3146 7. General Duties: Contractor shall provide the City of Chula Vista and Cities of Imperial Beach, National City, and the City and County of San Diego and/or any other governmental entities identified by the City under this Agreement, full service, turnkey household hazardous waste and CESQG hazardous waste management services. Page 14 10-22 8. Scope of Work and Schedule: A. Detailed Scope of Work: General The SBHHWP facility shall be open every Saturday, except for Saturdays prior to or immediately following after Thanksgiving, Christmas and New Year's. Operating hours shall be 9:00 am to I :00 pm, although hours may be extended to 3:00 pm upon mutual agreement between the City and Contractor. Conditionally Exempt Small Quantity Generators (CESQGs) shall be served on an appointment only basis, as needed. Hours and days of operation may be changed or extended by mutual agreement of the City and Contractor when deemed beneficial to the community being served and will be acknowledged in writing. Contractor shall be available to provide four (4) one-day electronic and universal waste collection events to be held on a Saturday or Sunday, one in each compass point of the City (north, south, east and west); dates and locations to be designated by the City. The Program goals are to reflect the waste disposal hierarchy established by the State in its programs. This hierarchy calls for source reduction and reuse, recycling and reclamation whenever possible. Environmentally sound incineration and hazardous waste landfill disposal are considered the least desirable options. It is most desirable to recycle, process, treat, minimize, and consolidate as much waste as is possible prior to shipment for final disposal. Recycling and beneficial reuse (energy recovery), and treatments are preferred methods of disposal because they are less likely to result in long-term liability for the City. The following generally describes minimum Program activities the Contractor is to provide: . Provide the necessary labor, materials and equipment to legally operate the SBHHWP facility (SBHHWPF), temporary household electronic and universal waste collection events (four per year), and door-to-door household hazardous waste collection. Generally these services include collecting, packaging, transportation, recycling, treatment and/or disposal, labor and other materials necessary. . Select the appropriate treatment, recycling, storage and disposal sites for all hazardous materials collected at the facility or events using the best environmentally sound methods of waste processing hierarchy to include source reduction and reuse, recycling, reclamation, incineration (energy recovery) with landfilling as the least desirable option. All sites shall be fully permitted. Contractor shall be responsible for providing transportation of all materials collected to the appropriate facility and from that facility to any secondary management facilities as required. . Manifest, load and transport all conforming hazardous materials collected at the SBHHWPF, temporary collection and door-to-door collection events, including CESQG generated wastes. Contractor shall perform these services in full compliance with all applicable federal, state and local laws, rules, regulations, including local enforcement agencies for traffic control and orders of all regulatory agencies. . Provide one trained, qualified and dedicated Project Manager to the program for technical assistance, support and to oversee all routine operational tasks. The Project Manager or Page 15 10-23 an equally qualified staff member will be on-site at the SBHHWPF to assist and oversee proper hazardous waste packaging and shipments. . Provide a qualified HHW customer service specialist to respond to all program inquires within one business day. Customer service support will be accessible through Contractor's toll-free telephone number. Basic call data will be logged and provided to City in City approved format. . Provide a qualified Customer Service Representative to the program for all contractual and waste tracking tasks and completion and submittal of all required reports to federal, state and local agencies during normal business hours. . Provide cities with the following items no later than forty-five (45) days after special collection events: copies of all manifests, and invoices for payment to respective jurisdictions along with an itemized listing of car counts by jurisdiction. . Prepare and update all reporting documents required by federal, state and local agencies such as Form 303, facility operations with a contingency plan subject to City approval, as well as an emergency response plan in the case of accidental release or fire of hazardous materials, subject to review and approval by local fire marshals for said facilities. . Contractor agrees to provide staff services to transfer applicable permits for the City . Program promotions - Provide outreach services to residents at least once a year and CESQGs twice a year to each jurisdiction served by the Program. Outreach includes but is not limited to methods such as direct mail, waste bill inserts, etc. . On-going Project Management meetings with City staff Soecific Services for Door-lo-Door Collection Prol!ram . Program Administration . Hotline services for the program . Itemized list of materials to be collected . Professional, knowledgeable, and friendly staff . Assistance with creative and media materials . Permit preparation and submittal . Service completed within 10 days of initial request (phone call or email) . Emergency pickup service available on a case by case basis, under City direction . Inclusion of educational materials for proper packaging and limit requirements of 12 gallons or 100 pounds. . Co-pay collection and tracking of participants by jurisdiction with receipts provided to each resident or CESQG. . Assistance for all disabled and elderly participants who require additional help in gathering and packing materials. Residents must be at home at the time of collection . On-site inventory, collection, segregation and packaging of door-to-door collection box prior to leaving residents home, completed by a trained chemist and/or technician . Contractor to prepare an emergency response plan for door-to-door collection program subject for review and approval by local fire marshals . Compliance with Health and Safety Standards per OSHA 1910.120 Page 16 10-24 . Manifest Preparation - to include Land Disposal Restriction (LOR), Bill of Lading, and Treatment Storage Disposal Facility (TSDF) and any other regulatory documentation as required. . Same-day transportation of all materials to Permanent Site for consolidation and packaging . Reporting to respective city to include: name of resident, date of pick-up and complete breakdown of pounds and/or gallons of material collected by class . Additional reporting to City pertaining to collection, quantification, processing and transportation of materials, required California Integrated Waste Management Board paperwork and forms . Waste Survey and Customer Satisfaction Program SDecific Services for the Permanent Facility and One-Dav Collection Events . Setup and breakdown . Professional knowledgeable and friendly staff . Supplies and equipment . Waste collection, transportation, recycling and disposal . Segregation and packaging . Timely reporting and invoicing, including Form 303 reporting . Survey collection . Co-pay collection and tracking (receipts for customers) . Materials exchange program to promote reuse of products, such as latex paint, oil- based paint, cleaning solutions, car wax, and oil if delivered in their original containers with all labeling intact. . Prepare a facility operations and contingency plan subject to City approval, and prepare an emergency response plan in case of a release or fire of hazardous materials, subject to review and approval by local fire marshals for said facilities . Permit preparation and submittal . Compliance with Health and Safety Standards per OSHA 1910.120 . Manifest Preparation - to include Land Disposal Restriction (LOR), Bill of Lading, and Treatment Storage Disposal Facility (TSDF) and any other regulatory documentation as required. . Safety meeting with facility/event staff prior to each scheduled collection event . Safety equipment (eye wash, fire extinguisher, etc) . On-going Project Management Meetings B. Date for Commencement of Contractor Services: (V")Same as Effective Date of Agreement ( ) Other: C. Date for completion of all Contractor services: This contract is for two (2) years beginning on July 1, 2007 and expires on June 30, 2009 unless renewed by the City. The City may exercise three (3), one (1) year extensions at the City's sole discretion. The Contactor shall request authorization of each one (1) year extension in writing 60 days prior to end of the contract term. Page 17 10-25 9. Materials Required to be Supplied by City to Contractor: None, in addition to those required to provide the service detailed in the scope of work and. to maintain compliance with all applicable laws and regulations. 10. Compensation A. 0 erate SBHHWPF Per car rate for labor, material, tax recovery fee, disposal* and trans rtation Rate Unit $ 67.00 Additional material charge B. Door-to-Door Services Hotline Service (0 tional) Per resident rate for labor material, tax recovery fee, disposal* and trans rtation Additional material charge Rate Unit $530.00 $77.00 Per month Per residence not to exceed 12 gallons or 100 pounds For every 12 gallons or 100 pounds beyond the initial per resident rate $60.00 'Disposal rate is for acceptable hazardous waste less e-waste and sharps D. Universal/ E-waste Rate Unit Collection Events Mobilization and Labor o to 100 vehicles $3712.00 Each event 200 vehicles $4528.00 Each event 300 vehicles $5676.00 Each event 400 vehicles $6297.00 Each event 500 vehicles $7205.00 Each event 600 vehicles $7670.00 Each event 700 1000 vehicles $10448.00 Each event 1001 + vehicles $13545.00 Each event Event Material TransDortation and DisDosal Rate Unit e-waste, CRTs No charge e-waste, Misc. No charge CFL 1 Mercury Bulbs for $1.10 Pound - min. $55 per shipment reclamation CFL2 Misc. Mercury bulbs for $3.50 Pound - min. $55 per shipment reclamation CFL4 Misc. Mercury bulbs for $6.50 Pound - min. $55 per shipment reclamation CFL6 UV Lamps for reclamation $21.00 Pound - min. $55 ner shioment Page 18 10-26 CFL8 Compact fluorescent lamps for reclamation LBD mixed batteries for reclamation LBR Reactive Lithium batteries LCCRQ Lab Packed aerosols for incineration LCCRQ Lab packed aerosols for incineration LCHG I Mereu for stabilization LCHGl Mercu for stabilization LCHG3 Mereu batteries LLF Lab ack for landfill LLF lab ack for landfill $10.00 Pound - min. $55 per shipment $1.10 $10.00 $225.00 Pound min. $65 er ail Pound - min. $165 r ail Per 55 gallon drum $67.50 Per 5 gallon pail Per 55 Ion drum Per 5 allon ail Pound min. $165 r ail Per 55 Ion drum Per 5 allon ail Each option year price escalation to be negotiated annually, not to exceed 2% increase over pervious year pricing. II. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: (v")None, the compensation includes all costs. 12. Contract Administrators: City: Lynn France Environmental Services Division General Services Department City of Chula Vista 1800 Maxwell Road Chula Vista, California 91911 619397-6221 direct line 619397-6363 fax Lfrance(a).ci.chula-vista.ca. us Contractor: Kip McBride Clean Harbors Environmental Services, Inc 9369 Dowdy Drive, Suite H San Diego, CA 92126 858 547-3112 Business 858 547-3146 Fax 858583-6120 mobile mcbride.kio(a)cleanharbors.com 13. Liquidated Damages Rate: (,,) Other: N/A Page 19 10-27 14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: (,,) Not Applicable. Not an FPPC Filer. 15. Contractor is not a Real Estate Broker and/or Salesman 16. Permitted Subcontractors: None 17. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (,,) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Contractor's Billing: ( ) First of the Month (,,) 15th Day of each Month ( ) End of the Month ( ) Other: 18. Security for Performance (,,) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Contractor 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 Event, listed below, has occurred: (-/)Retention Percentage: 10% Retention Release Event: (,,) Completion of All Contractor Services ( ) Other: Page 20 10-28 CHULA VISTA HOUSING AUTHORITY AGENDA STATEMENT July 17,2007, ItemJL ITEM TITLE: HOUSING AUTHORITY RESOLUTION REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE LANDINGS AFFORDABLE APARTMENTS. ACTING DIRECTO~O COMMUNITY DEVELOPMEN~ CITY MANAGER ACTING ASSISTA T CITY MANAGER ~ SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO 0 BACKGROUND On March 20, 2007, the City of Chula Vista City Council conditionally approved $920,000 in financial assistance from HOME Investment Partnership funds, to assist fmancing the development of "The Landings" as an affordable rental community. The Landings apartments will be located on the comer of Discovery Falls Road and Crossroads Street in Otay Ranch Village 11 in Chula Vista. The development will provide 92 affordable rental units for lower income households. The total financing proposal included Tax Exempt Multi-Family Revenue Bonds, Low Income Housing Tax Credit financing, and the State Multifamily Housing Program (MHP) to support the majority of the project costs. The City of Chula Vista has received a request from Chelsea Investment Corporation ("Developer") to consider the issuance of tax exempt obligations toward development costs. The Developer is in the process of preparing an application for an allocation of tax credits and private activity bonds for multi-family projects from the California Debt Limit Allocation Committee (CD LAC) and is requesting that the Chula Vista Housing Authority be the vehicle for applying for an aggregate amount not to exceed $17.5 million. The application must be submitted by July 27, 2007. The bond allocation and tax credit contributions will be used to substantially finance the project. At this time, it is requested that the Housing Authority adopt a resolution expressing its preliminary intention to issue bonds. The requested action is preliminary and does not 11-1 July 17,2007, Item-.lL Page 2 of5 commit the Authority to issue the bonds. TIris preliminary action is necessary in order to allow the Authority to submit an application to the State bonding authority on behalf of the Developer and to allow the Developer to receive reimbursement out of bond proceeds for costs it incurs leading up to the actual sale of bonds. At a later date, the City Council will be asked to hold a public hearing on the question of whether the Housing Authority should issue tax exempt bonds for the financing of the project and to approve the issuance, sale, and delivery of multi-family housing revenue bonds by the Housing Authority at the time a bond allocation is received. If successful in obtaining a bond commitment from CDLAC, the Developer plans to come back to the Authority to request fmal approval for the issuance of the bonds. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, EIR 01-02. Thus, no further CEQA review is necessary. RECOMMENDATION It is recommended that the Housing Authority adopt the resolution regarding its intention to issue tax-exempt obligations for the proposed development of The Landings affordable units, and authorizing the City Manager to execute all necessary documents for processing. BOARDS/COMMISSION RECOMMENDATION On February 28, 2007, the Housing Advisory Commission voted to recommend the development of The Landings at Winding Walk as an affordable rental community and the conditional approval of HOME funds to assist in its financing. DISCUSSION The ADDlicant The Chelsea Investment Corporation has developed several projects in Chula Vista, primarily in eastern Chula Vista to satisfy developer inclusionary housing requirements (Teresina Apartments, Rancho Buena Vista Apartments and Villa Serena). Chelsea Investment Corporation will form a limited partnership, CIC Landings, L.P. to own and operate the development. Chelsea Investment Corporation has developed and financed over 5,100 housing units and has successfully managed low income housing units for over 20 years. The company has a strong and experienced team of professionals. The ProDertv The Landings development will be built within the Winding Walk subdivision of eastern Chula Vista. The low-income units will satisfy the requirements of the City's Program for the Provision of Affordable Housing within the Village II community. The 11-2 July 17,2007, Item-.lL Page 3 of 5 development envisions 92 townhome style units with all units affordable to low income households. The proposed development will consist of 92 3-bedroom units, approximately 1,200 SF each. Each unit will include an enclosed 2-car garage, in-unit washer and dryer, balcony, and full sized appliances. Project amenities include a pool, spa, clubhouse, and a tot lot. The ProDosal All 92 units will be rented on a rent restricted basis to households whose income is at or below 30-60 percent of the Area Median Income as determined by HUD. This project will provide a balance of housing opportunities and fulfill a need in Chula Vista for large family rental housing, particularly in the neighborhoods east of Interstate 805 as outlined in the City of Chula Vista Housing Element. Income and Rent Restrictions For the bond funding, Section 142 (d) of the Internal Revenue Services Code requires either a minimum of twenty percent of the rental units in the Project to be available for occupancy by persons or families whose income does not exceed 50 percent of the area median income (AMI) for the San Diego Primary Metropolitan Statistical Area, or alternatively, at least 40 percent of the rental units are required to be available for occupancy by persons or families whose income does not exceed 60 percent of the AMI. In each case, the units are to be made available at affordable rents established by the applicable State law. Per the Affordable Housing Agreement for the inclusionary obligation, all 92 units must be affordable for low income households. Because of the financing the Developer is pursuing, the entire project will provide rents even lower. The number of units actually restricted by the Affordable Housing Agreement will be 92 low income. Unit No. of Target Inclusionary Proposed Description Units Income Housing Rents Group Obligation 3 Bd/2 Ba 32 30% AMI $1,035 $479 3 Bd/2 Ba 12 50% AMI $1,035 $838 3 Bd/2 Ba 22 55% AMI $1,035 $928 3 Bd/2 Ba 25 60% AMI $1,035 1,018 MGR 1 N/A N/A N/A Total 92 Restricted The Developer proposes to maintain the income and rent restrictions for The Landings for a period not less than fifty-five years, exceeding the 30-year term of the bonds. The income and rent restrictions outlined above are to be incorporated into the Regulatory Agreement for the bonds, which will be recorded against the property. 11-3 July 17, 2007, Item-LL Page 4 of5 Compliance with the income and rent restrictions will be subject annually to a regulatory audit and annual tax credit certification. Compliance with strict property management policies and procedures will ensure that income and rent restrictions will be maintained for the full 55-year compliance period, and will bind all subsequent owners of The Landings, so that the commitment remains in force regardless of ownership. Proposed Financinl! ofProiect Financing and development of The Landings, is proposed as a joint private-public partnership. The Developer will be using Tax Exempt Multi-Family Revenue Bonds, Low Income Housing Tax Credit financing, and the State Multifamily Housing Program (MHP) to support the majority of the estimated $37.3 million ($405,420 per unit) cost of constructing the project. The Developer has requested the Housing Authority of the City of Chula Vista consider the issuance of up to $17.5 million in bonds to be purchased directly on a private placement basis. The permanent bond loan is estimated at approximately $6 million. The initial issuance of $17.5 million is necessary to comply with a requirement to bond for at least fifty percent of the project costs (fifty percent test), which is critical to receipt of the tax credits for the project. The Developer will apply for approximately $11.8 million in Low Income Housing Tax Credits. The permanent Bonds and Tax Credits would cover almost 50 percent of the estimated cost. The balance is expected to be provided by land donation, a small City subsidy and State financing. The required documents will be presented to the City/Housing Authority for approval at such time as fmal approval of the issuance of the bonds and the related bond documents is requested. The proposed total project cost is estimated at $37,298,627 ($405,420 per unit). Below is a summary of development costs and associated sources. COST AMOUNT SOURCE AMOUNT Land Purchase $9,670,000 Master Developer Contribution $1,300,000 Construction $17,135,188 Tax Credit Eauity $11,863,000 Permits & Fees $4,664,216 State MHP Loan $6,931,052 Interest/Fees, Financinl! Costs $1,836,365 Bond $6,004,000 Desil!ll!Enl!ineerinl! $830,000 City Loan $920,000 Develooer Fees $2,457,000 Land Donation $9,660,000 Reserves, Lel!-al, Other $705,858 Deferred Develooer Fee $620,575 TOTAL ESTIMATED COST $37,298,627 TOTAL SOURCES $37,298,627 The City Council conditionally approved $920,000 in fmancial assistance from HOME Investment Partnership funds, to assist 11 units at the extremely low income range. 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. 11-4 July 17,2007, Item-1L Page 5 of5 FISCAL IMPACT Bond fmancing is a self-supporting program with the owner responsible for the payment of all costs of issuance and other costs and repayment of the bonds. All costs related to the issuance of the bonds will be paid for from bond proceeds or profits. The bonds will be secured by the project and will not constitute a liability to or obligation of the City or Housing Authority. The City of Chula Vista Housing Authority will receive compensation for its services in preparing the bond issuance by charging an origination fee of 1/8 of I % of the bond loan, approximately $21,875. Additionally, staff costs associated with monitoring compliance of the regulatory restrictions and administration of the outstanding bonds will be reimbursed from an armual administrative fee of approximately $7,505 paid to the City by the owner. ATTACHMENTS 1. Locator Map 2. Disclosure Statement Prepared by: Amanda Mills, Housing Manager, Community Development Department 11-5 " ./>' , ~, " " "- " "", / ". /', '..> ", .' / '. ../ ,:', '\..' />" ,." '. / '" / /' './ J ,//':, '<." ')':///'" '\//;v 1,/ / ''-, '< //)~//"~" "-</ ,- " ( // ;" '<"( / ".~/ \ //,/." "'-. /'/ / ,'-, ,/, ('J '\ ' , ,_(./ ^ .' / , ",f.:J \,', ' .( ", ,< /' ~...,~ ./ ' "./ /,,' /', ,_<:~~<(fl )- 'y/ '^'. " ,/ /' ,'~ .../K ./ ... ,h,/ ,', '. v ,-{ / ) ~J/ v''.'?:' ' "" "'/ / '/ ""~,O \, /x/ ,^, ~ ,/" " " '/ M...~r -( / ,,/ /,V"J. / ' ' I/', ,,/,~O~~./ /", ,( /'v/ >,"X /'. '., , ' _' f' ' /' ' ,"C' " ,- ' >./ / ~'V / v/./' ", ,/ ,/- ',//' , " >' /)~ /'/'<) \. S./';<./~,>, <. >',;. ", rcy ? ' , ./ '\ / ,'7.\'1' ./' / /--, x,'" '\. ,/ .{ " ,/ / /,Y"A' " ,/ /" 1'/ /' ,r..., '( /A., /~ /' VA. //'...,// //,,", " "- , )" 'A ,,,/ ;;. /' ,>'YL' I'" ), <, ,./ " (/ " / ' ,,/ -: / ,~ >, //,> <, ,/', , /' " /, V N' /1. "7'<'1 ;>. / / '/ :1' '/ /,/ >>-, ',/ X/'^) ,.(}~// 1 \ }, V /'. / ' \/ v ' '\ ,/ ' / ,''<. /\ \ /./ ./', ,( ;<;>;'~/~/j\0?\"~/~) / 'jl ",< \. \ /'< ./" \ ~ ,// <" ,\XA'l \1/ '1;A~: ( ~ ~V/ " '. \ ~//\ ;., '" , , , " '.... ....." , , " " " , , " " , "'" "" / // /\ "? \ // \~ \ // \~ \ \ / / '\"0 \ \~/,/ ~ //\ . "\ ~ \ \ \ \\ \ \\ "" '" z \ \ \ \ \ " " , .. .. ", '" , , , " , ...... - _0. C a Cb:E E ... .cO v- a a = u <(,g City of Chula Vista Request for Information Affordable Housing Review ATTACHMENT 2 DISCLOSURE STATEMENT (Please Print) The following information must be disclosed: 1. Apolicant - List the names and addresses of all persons having a financial interest in the application. James J. Schmid .. 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 2. Owner - List the names and addresses of all persons having any ownership interest in the property involved. James J. Schmid 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 Prometheus-Landings, LLC, a to-be-formed limited 5993 Avenida Encinas, Suite 101 Iiabili com an Carlsbad, CA 92008 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the shares of the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profot organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as a trustee or beneficiary of the trust. Community Development Housing Division 276 FOURTH AVE' CHULA VISTA' CALIFORNIA 91910 . (619) 585-5722' FAX (619) 585 -5698 11-7 DISCLOSURE STATEMENT PAGE 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees andlor City Council within the past twelve months? YesCl No [i1J If yes, please indicate person(s): Person identified as: 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate trust, receiver, syndicate, this and any other county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' NOTE: Attach additional pages as necessary. 2 -/7'-07 Date ~,rs --:/ ~/nr/.? Print or Type Name lfi~Aptr hHtF? ,'S;#ftf/L/ Print or Type Name '2- /7'-07 Date ./\ ( \ / "- '---- Community Development Housing Division 276 FOURTH AVE' CHULA VISTA' CALIFORNIA 91910. (619) 585-5722 . FAX (619) 585 -5698 11-8 HA RESOLUTION NO. 2007- RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE LANDINGS AFFORDABLE APARTMENTS WHEREAS, pursuant to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Act"), the Housing Authority of the City of Chula Vista (the "Authority") is authorized to issue revenue bonds for the purpose of financing the acquisition, construction, rehabilitation, refmancing or development of multifamily rental housing and for the provision of capital improvements in connection with and determined necessary to the multifamily rental housing; and WHEREAS, Chelsea Investment Corporation (herein called the "Borrower"), has requested the Authority to issue and sell multifamily housing revenue bonds (the "Bonds") pursuant to the Act for the purpose of financing the development of a 92 affordable units to be located on the comer of Discovery Falls Road and Crossroads Street in Otay Ranch Village 11, in the City of Chula Vista, as identified in Exhibit A hereto (the "Project"); and WHEREAS, as a part of financing the development of the Project, the Authority desires to reimburse the Borrower, but only from Bond proceeds, for expenditures (the "Reimbursement Expenditures") made in connection with the Project within the period from the date 60 days prior to the adoption of this Resolution to the date of issuance of the Bonds; and WHEREAS, Section 1.103-8(a)(5) and Section 1.150-2 of the Treasury Regulations require the Authority to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent tax-exempt borrowing; and WHEREAS, the Authority wishes to declare its intention to authorize the issuance of Bonds for the purpose of financing costs of the Project (including reimbursement of the Reimbursement Expenditures, when so requested by the Borrower upon such terms and conditions as may then be agreed upon by the Authority, the Borrower and the purchaser of the Bonds) in an aggregate principal amount not to exceed $17,500,000, as set forth in Exhibit A; and WHEREAS, Section 146 of the Internal Revenue Code of 1986 limits the amount of multifamily housing mortgage revenue bonds that may be issued in any calendar year by entities within a state and authorizes the governor or the legislature of a state to provide the method of allocation within the state; and WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the California Government Code governs the allocation of the state ceiling among governmental units in the State of California having the authority to issue private activity bonds; and 11-9 HA Resolution No. 2007- Page 2 WHEREAS, Section 8869.85 of the California Government Code requires a local agency desiring an allocation of the state ceiling to file an application with the California Debt Limit Allocation Committee ("CDLAC") for such allocation, and the Co=ittee has certain policies that are to be satisfied in connection with any such allocation; NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing Authority of the City ofChula Vista, as follows: Section 1. Finding and Determinations. (a) The above recitals, and each of them, are true and correct. The Authority hereby determines that it is necessary and desirable to provide financing for the Project (including reimbursement of the Reimbursement Expenditures) by the issuance and sale of Bonds pursuant to the Act in aggregate principal amount not to exceed $17,500,000, as set forth in Exhibit A, subject to authorization of the issuance of the Bonds by resolution of the Authority at a meeting to be held for such purpose. The expected date of issue of the Bonds is within eighteen (18) months of the later of the date the first Reimbursement Expenditure was made and the first date the Project is placed in service and, in no event, later than three years after the date of the first Reimbursement Expenditure. (b) Proceeds of the Bonds to be used to reimburse Project costs are not expected to be used directly or indirectly to pay debt service with respect to any obligation or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Authority or any entity related in any manner to the Authority, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. (c) As of the date hereof, the Authority has a reasonable expectation that the Bonds will be issued to reimburse Project costs. This Resolution is consistent with the budgetary and fmancial circumstances of the Authority, as of the date hereof. The Bonds will be repaid solely from proceeds of the Bonds and amounts paid by the Borrower. No other moneys are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the Authority (or any related party) pursuant to its budget or financial policies to repay the Bonds. Section 2. Declaration of Official Intent. This resolution is being adopted by the Authority solely for purposes of establishing compliance with the requirements of Section 1.103- 8(a)(5) and Section 1.150-2 of the Treasury Regulations. In such regard, the Authority hereby declares its official intent to use proceeds of indebtedness to reimburse the Reimbursement Expenditures. This action is taken expressly for the purpose of inducing the Borrower to undertake the Project, and nothing contained herein shall be construed to signify that the Project complies with the planning, zoning, subdivision and building laws and ordinances applicable thereto or to suggest that the Authority, the City or any officer or agent of the City will grant any such approval, consent or permit that may be required in connection with the development of the Project, or that either the Authority or the City will make any expenditure, incur any indebtedness, or proceed with the financing of the Project. 11-10 HA Resolution No. 2007- Page 3 Section 3. Application to CDLAC. The City Manager and/or the program managers of the Authority are hereby authorized and directed to apply to CDLAC for an allocation from the state ceiling of private activity bonds to be issued by the Authority for the Project in an amount not to exceed $17,500,000, and to take any and all other actions as may be necessary or appropriate in connection with such application, including but not limited to the payment of fees, the posting of deposits and the provision of certificates, and any such actions heretofore taken by such officers and program managers are hereby ratified, approved and confirmed. Because the amount of private activity bond allocation is limited, such officers and/or program managers of the Authority are also authorized to resubmit the application to CDLAC one or more times in the event the application is denied by CDLAC. Section 4. adoption. Effective Date. Ibis resolution shall take effect immediately upon its Presented by Moore City Attorney Ann Hix ~ Acting Director of Community Development . 11-11 Name: Location: Number of Units: Maximum Bond Amount: EXHIBIT A DESCRIPTION OF PROJECT The Landings Comer of Discovery Falls Road and Crossroads Street in Otay Ranch Village II 92 $17,500,000 11-12 ITEM 12 PUBLIC HEARING PERTAINING TO FIRE DEPARTMENT FEES IS BEING CANCELED THERE ARE NO ATTACHMENTS FOR THIS ITEM CITY COUNCIL AGENDA STATEMENT ~~f:. CITY OF ~ ~ ~~ (HULA V1SfA Item No:~ Meeting Date: 7/17/07 ITEM TITLE: PUBLIC HEARING: Consideration of application PCS 05-06; for the proposed conversion of the existing 124-unit 307 Orange Avenue apartment complex to 124 condominium units for individual ownership - WGA Orange Avenue, P.P. RESOLUTION: of the City Council of the City of Chula Vista approving and establishing conditions of a Tentative Subdivision Map to divide interest in 3.48 acres at 307 Orange Avenue for a One- Lot Condominium containing 124 residential units, approving concessions pursuant to the density bonus law for the reduction in certain development standards. SUBMITTED BY: RESOLUTION: of the City Council of the City of Chula Vista approving the affordable housing agreement between the City and WGA Orange, L.P., establishing conditions of 41 affordable units for moderate income households at 307 Orange Avenue and authorizing the City Manager to execute the agreement. ""~,~ ,fP1="" =I B,ddj" f'" City Manager ~ M k/ Acting ASSist~~6Manager 'S--J" REVIEWED BY: 4/5THS VOTE: YES NO_X_ This is a request to convert a 124-unit apartment complex into 124 condominium units for individual ownership. Pursuant to Government Code Section 65915.5, the applicant will enter into an affordable housing agreement with the City to provide 33 percent (41 units) of the total number 13-1 Date, Item No.: tJ Meeting Date: 7/17/07 Page 2 of 13 of units to persons and families of moderate income. In exchange for providing these 41 affordable units, the applicant is requesting concessions from certain multi-family development standards including reductions in on-site parking and open space. ENVIRONMENTAL REVIEW Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Approve Tentative Subdivision Map Tract 05-06 in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDATION On April 17, 2006, the Design Review Committee approved the project (4-0-0-1) (Magallon absent) subject to approval ofthe Tentative Map. On February 14, 2007, the Planning Commission considered the Tentative Subdivision Map to allow 124 apartments to be converted to condominiums. The Commission discussed the various provisions of providing affordable housing and the homebuyer/relocation assistance program being provided by the applicant. As a result of this discussion, the applicant agreed to increase the amount of such provisions, including: increasing the timeframe for providing a $500 relocation assistance expense from five days to ten days in advance of tenants moving out and extending this $500 stipend to include buyers of the units as well. In addition, the tenants security deposit is to be returned thirty days prior to vacate date. The Commission also discussed the pros and cons of a proposed condition requiring the developer/owner to install a sewer manhole at the point of connection to the City sewer main drain for a particular sewer lateral. The Commission then voted to keep this condition as presented in the draft City Council Resolution (see Condition A30) and voted (6-1) to recommend that the City Council approve the project. Commissioner Spethman voted against the motion. DISCUSSION This is a request to convert apartments into condominium units. The City worked extensively with the applicant in preparation for their application to convert. The project does not meet the development standards required for a conversion. Therefore, the applicant has applied for development standard concessions under State Density Bonus Law. (SDBL) in exchange for providing moderate income affordable units. Pursuant to Government Code Section 65915.5 (SDBL), the applicant must provide 33 percent (41 units) of the total number of units to persons and families of moderate income. City staff has been working with the applicant to negotiate 13-2 Date, Item No.: \'7 Meeting Date: 7/17/07 Page 3 of 13 terms of an affordable housing agreement. Both the applicant and City staff are ready to propose the agreement at this time as well. The affordable requirements are addressed more fully later in this report. Proiect Site Characteristics The site is a trapezoidal shaped, level, 3A8-acre lot with an existing apartment complex located at 307 Orange Avenue. The existing uses adjacent to the site are listed in the following table: Table I: Zoning and Land Use General Plan Zoning Existing Land Use Site Residential High R-3-P Apartment Complex Apartment Residential North Single-family, R-l Existing Single detached Single family Family Homes residence East Retail Commercial CC Gasoline service Central Commercial station (BestMart Gas & Mini Mart) South Open Space Mobile Home Park Storm Water Drainage Channel West Civic Uses R-2-P Vacant land adjacent to South Chula Vista Library parking Vacant / SDG&E Public Utilities S-94 utility corridor Proiect Description The complex consists of 96 two-bedroom units and 28 one-bedroom units in a total of seven buildings. The I-BRll bath units are 540 SF in size, while 2-BR/I bath units are 760 SF, and 2- BR/2 bath units are 785 SF. The buildings types and number of units each type contains are summarized in the following table: 13-3 Date, Item No.: \:3 Meeting Date: 7/17/07 Page 4 of 13 Table 2: Building Types and Units Building Type No. of Stories No. of No. of Total No. Buildings Units/Bldg of Units A 2-story 2 24 2-BR 48 B I-story 2 42-BR 8 C 2-story 2 20 2-BR 40 D 2-story I 28 I-BR 28 Total 124 Although no significant exterior structural changes are proposed to the existing proj ect, the applicant proposes to upgrade both the interior and exterior of the units, add community amenities, and refresh the landscaping. Exterior improvements include new paint and additional architectural detailing on the buildings, roof replacement, installing a tot lot and play structure, repairing and replacing all driveways and walkways where needed, adding carports, and refreshing and supplementing the landscaping where needed. Interior upgrades include new carpeting and bathroom tiling; replacement of bathroom cabinets and refmishing tub/shower enclosures; new texture and paint on all walls and ceilings; washer/dryer in each unit; and all air conditioning units, lighting fixtures, and electric appliances to be replaced. (Attachment 4 is a complete list of the Applicant's proposed interior and exterior improvements.) Storage space for 124 units is proposed in storage cupboards inside new carports. The units are already served by separate electric meters, while gas, water, and sewer will be the responsibility of the Homeowners Association. The Applicant proposes to set aside 41 on-site dwelling units that would be restricted for 30 years to moderate income affordable tenants (see affordable Housing Provision Section below). The project is an existing legal non-conforming apartment complex originally approved and developed under County regulations. As a result, there are some issues regarding deficiencies in the amount of parking and open space, width of drive aisles, ratio of compact to regular parking spaces, and one setback along the front property line. Affordable Housing Allowances for Deviations from Development Standards Pursuant to Government Code Section 65915.5 (Attachment 8), the Applicant proposes to provide 41 units of on-site affordable housing for moderate income persons and families in exchange for concessions from City standards on the parking area, open space, and the front building setback. The requested deviations are more specifically described in the following table: 13-4 Date, Item No.: \? Meeting Date: 7/17/07 Page 5 of 13 a e : e ueste eVlatlons Item Code Requirement Proposed Requested Deviation Parking Spaces 234 Total spaces 192 Total spaces Deficiency of 42 parking spaces Percent of Compact 10% (19 spaces out 71 % (136 spaces out Increase of 600% Spaces of the 192 spaces) of the 192 spaces) Width of 24 ft. 24 ft., 20-ft., 22ft. Deficiency of 4 ft in the rear Drive Aisles (south), 2 ft. on the side (east). Open Space 49,600 sq. ft. 42,713 sq. ft. Deficiency of 6,887 sq. ft. Front Building 15 ft. 8.8 ft. Deficiency of 6.2 ft. Setback Storage Space 200 cu. ft. 183 cu. ft. Deficiency of 17 2- BR unit (For 56 out of the total cu. ft. in 56 units 124 units) T bl 3 R d D The project also has a deficiency of 17 cubic feet of storage space for 56 of the units. Per CYMC section 15.56.070, in considering tentative maps for condominium development and evaluating the manner in which storage space is provided, the Planning Commission may recommend and the City Council may approve departures from the stated standards after review of each proposal. Table 4: Project Data REQUIRED PROVIDED Parking: 234 Spaces total 63 Open stalls 1.5 spaces / I-BR unit 124 Covered stalls (carports) 2.0 spaces / 2-BR or more unit 5 Handicapped spaces 192 Total Spaces (deficiency of 42 parking spaces) Lot Coverage: 50 % 41 % (includes carports) Setbacks: Front: IS ft. 8.8 ft. (Deficiency of 6.2 ft.) Exterior Side Yard: lOft. Not applicable One Interior Side Yard: 5 ft. Not applicable Both Interior Side Yards: 10 ft. 37 ft. Rear: IS ft. 50 ft. Storage: ISO cu. ft. / I-BR unit 176 cu. ft. / 1- BR unit 200 cu. ft. / 2- BR unit For 40 units, 247 cu. ft. / 2- BR unit For 56 units, 183 cu. ft. / 2- BR unit (deficiency of 17 cu. ft. on 56 2- BR units) Onen Space Requirement: 49,600 SF 42,713 SF (400 SF per I or 2-BR unit x 124 units) Deficiency; 6,887 SF Building Height: 28 feet or 2.5 stories 23 feet 13-5 Date, Item No.: 1';' Meeting Date: 7/17/07 Page 6 of 13 Analysis: Noticing Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfy certain noticing requirements. The applicant has completed the tenant noticing required by the State and by the Municipal Code prior to Tentative Map consideration, including "Form A", the "60-Day Notice to All Existing Tenants of Intent to convert"; and "Form B", the "Notice to all Prospective Tenants of Intent to Convert". Table 5 below identifies the noticing requirements and when existing and prospective tenants should receive them. The tenants have been aware of the condominium conversion project proposal since Form A was sent in August of 2003, and will be given notice of having the first option to purchase a unit. Sample notices provided by the Applicant are attached (see Attachment 3, Noticing Documentation). Table 5: Noticing Documentation NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE 60-day notice to all existing tenants 60 days prior to filing a Design 60-day notices were sent of intent to convert- "Form A" Review and Tentative Map certified mail to eXlstmg application with the City tenants during August 2003. Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a intent to convert - "Form B" or deposit from the prospective current tenant list with copies tenant of signed forms for all new tenants. lO-day notice to all existing tenants 10 days before or after To be determined! Typically of an application of a Public Report - submittal of the Public Report following Final Map approval "Form e" to the Department of Real Estate 10-day Notice to all existing tenants Within 10 days of approval of To be determined! Typically of Final Map aooroval- "Form D" the Final Map bv the City following Final Map approval Notice to all prospective tenants of Prior to acceptance of any rent To be determined prior to option to purchase/termination of or deposit from the prospective approval of Final Map tenancy-"FonnE" tenant 90-day Notice to all existing tenants For a period of 90 days after To be determined prior to of option to purchase/termination of issuance of the Public Report approval of Final Map tenancy - "Form F" from the Department of Real Estate 180-day notice to all existing tenants 180 days prior to termination of To be determined prior to of intent to convert/termination of tenancy approval of Final Map tenancy - "Form 0" Property Condition Assessment Report Because the apartment complex is more than five years old, the Applicant has prepared a "Property Condition Assessment Report", which states that the property appears adequately maintained and is in overall good condition, with some defects noted. Items recommended for immediate repairs 13-6 Date, Item No.: 13 Meeting Date: 7/17/07 Page 7 of 13 included cracking of the entry drive pavement and adjustments to the irrigation system's spray pattern. Recommended short term and intermediate term iterns, due to aging, included replacement of the roof, air conditioning units, hot water heaters, and kitchen appliances. The report concluded with the opinion that subject to a continued program of sustained preventative maintenance, the remaining economic life of the property should exceed 35 years. The report's recommendations that would upgrade the property and units (see Attachment 5, "Property Condition Assessment Report - Executive Summary") have been incorporated into the Tentative Map conditions of approval. Table 6 below lists the existing services utilities within the project and what is proposed under the Tentative Map. Individual meters - central wiring system. Water Common Sewer Common *Cable Individual unit. *Tel hone Individual unit. "Not covered in the ROA The maintenance and montWy payment of the utilities will be addressed in the project's CC&Rs. The project is conditioned to meet current Fire Code requirements, including one-hour frrewalls, smoke detectors and flIe extinguisheIs, and be inspected and approved by the Fire Department. Gutters and downspouts must be provided on all buildings to prevent water stains and mildew on exterior walls. Table 6: Utilities UTILITY Air conditionin Heatin Water heaters EXISTING CONDITION Individual electrical- owered units. Individual electrical- owered units. Individual gas water heaters for each building (7 total) and centralized solar heater (non- o erational. Gas meter for each building (7 total) Gas Electric meter HomebuverlRelocation Assistance: PROPOSED CONDITION R lace with new in each unit. R lace with new in each unit. Replace gas water heaters for each building (7 total); remove non-operational solar heater s stem. Condition of meters should be evaluated by the corresponding gas company serving the com lex. No change proposed. No chan e No chan e No chan e No change A meeting/workshop will be organized by the Applicant, to be held within a week after approval of the Tentative Map by City Council, to include all current tenants; representatives from the property management company and developer; a mortgage broker; and a representative from the City ofChula Vista. The developer will offer to any interested tenant a $5,000 discount on their unit as an incentive to 13-7 Date, Item No.: I) Meeting Date: 7/17/07 Page 8 of 13 purchase. The discount will be offered only for those tenants who purchase a unit at the 307 Orange Avenue project (See Attachment 6, Homebuyer and Relocation Assistance letter). A mortgage broker will be present to help those who wish to purchase their unit. The broker will hold a workshop on how tenants can pre-qualify for a mortgage and become homeowners. The applicant will assist with the relocation of those tenants who prefer not to purchase their units. Relocation expense assistance of $500 will be paid to the tenants ten days in advance of their moving out, and relocation information and assistance to help secure other rental housing will be provided by the Project's property management company. Recent condominium conversions have shown that issues can arise regarding the particulars of tenant relocation assistance. Staff believes that for this project, all the basic components are in place; however, further details may be needed. Staff has included a condition of approval requiring that the applicant work with Staff on these further details and also provide evidence that the requirements of the Applicant's homebuyer and tenant relocation assistance program (see Attachment 3) has been satisfied prior to approval of the final map. At the Planning Commission meeting of February I 4, 2007, the Planning Commission negotiated with the applicant to extend the amount of homebuyer/relocation assistance provided. Relocation expense assistance is now to be provided 10 days in advance of moving out and the tenants security deposit is to be returned 30 days prior to vacate date. The $500 stipend is now to be provided to buyers as well. Condition # B8 of the draft City Council Resolution has been modified to reflect the additional assistance being required by the applicant, as agreed to at the February 14, 2007 Planning Commission meeting. Affordable Housing Provision Pursuant to Government Code 65915.5 (see Attachment 8), when an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units to persons and families of moderate income, the City shall either grant the project a density bonus or provide other incentives of equivalent fmancial value. These incentives do not require monetary compensation but may include the reduction or waiver of requirements that the City might otherwise apply as conditions of conversion approval. In exchange for providing 41 units restricted for 30 years to moderate income affordable tenants, the subject application's "other incentives" are reductions in City requirements for (1) the parking area with its substandard drive aisle widths, ratio of compact to regular parking spaces, and shortfall of 42 required parking spaces; (2) deficiency of 6,887 square feet of open space; and (3) a front yard setback of 8.8 feet instead of 15 feet for one building on the property; (4) deficiency of 17 cu. ft. of storage space for each 56 2-bed units. The proposed project is conditioned to provide the stated affordable housing units in exchange for the concessions on City requirements and also conditioned on the City and the Developer entering into an approved Affordable Housing Agreement. The Affordable Housing Agreement is included as Attachment 8 for review at this time. The agreement dictates the maximum sales prices and qualifying income levels for the affordable units. The process for moderate income buyers will be similar 13-8 Date, Item No.: 13 Meeting Date: 7/17/07 Page 9 of 13 to other affordable for-sale projects within the City, and will be subject to the City Affordable For-Sale Policy. Municipal Code Requirements: A condominium conversion project must satisfy certain City requirements including current zoning, which is R-3-P, the Chula Vista Design Manual, and the Chula Vista Municipal Code (CVMe) requirements, which include off-street parking, open space, and condominium conversion regulations per City ordinance. The following sections discuss how the project complies with these requirements. Open Space -- Common Open Space: CYMC Section 19.28.090 requires 400 square feet of common usable open space per I-bedroom or 2-bedroom unit; therefore, the project must provide a minimum of 49,600 square feet of open space. The minimum dimension for any area to be considered as open space is six feet, with a minimum area of 60 square feet. As seen on the Site Plan (Attachment 2), the project provides 42,713 SF of open space, which is a deficiency of 6,887 SF. Private open space totaling 1,190 SF is proposed by the applicant, consisting of an existing 42.5 square foot balcony for 28 of the units located upstairs. These balconies do not meet the minimum size standards of the Zoning Ordinance (60 SF for area, 6 feet for dimension) and therefore are not eligible for inclusion in the open space total. No other private open space is provided for the remaining 96 units. As shown in Table 7 below, open space amenities include 37,475 SF of turf and landscaped areas, a 2,238 SF tot lot, a 2,400 SF concrete deck area with a swimming pool (18' x 35'), a 300 SF gym room, and a 300 SF club house/recreation room. The gym room is being converted from an existing rental office, while the club house/recreation room is being converted from an existing laundry room. Staff has concerns how these two separate buildings, with dimensions of 10' by 30', will accommodate the intended recreation facilities. The Applicant has not provided further information regarding the internal layout for these recreation facilities. Table 7: Proiect Onen Snace REQUIREMENT PROPOSED 49,600 SF 42,713 SF* 400 SF/unit x 124 units Common onen space = 46,326 SF 37,475 SF turf and landscaping 2,238 SF tot lot 2,400 SF pool and concrete deck 300 SF gym room 300 SF club house/recreation room Deficiencv = 6,887 SF Private open space = 1,190 SF** * Does not include private open space of 1,190 SF. ** Does not meet city requirement for minimum area and dimensions so is not included in total. 13-9 Date, Item No.: 13 Meeting Date: 7/17/07 Page 10 of 13 Pursuant to Govemment Code Section 65915.5, the Applicant is requesting a concession from City standards for the deficiency in the Open Space requirement, as there is no underutilized ground space on the subject parcel for additional open space. Staff supports allowing the requested deviations in partial exchange for the guarantee of 41 units of onsite housing affordable to moderate income tenants. Conversion of Dwelling Units to Independent Ownership (CVMC Chapter 15.56): Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condominiums for sale must address the following issues: parking, adequate storage for each unit, common useable open space areas, and must satisfy fire and Uniform Building Code standards before occupancy. Per CYMC 15.56.070, in considering tentative maps for condominium development and evaluating the manner in which storage space is provided as required by CYMC 15.56.020(C), the Planning Commission may recommend that the City Council approve departures from the stated standards after review of each proposal. Departures shall be based on the merits of the individual project when good cause can be shown. The merits of this project are its provision of 41 units of onsite affordable housing for moderate income persons or families. A. Fire Protection: Four on-site fire hydrants are located on the site, at each of the four comers adjacent to the parking lot and buildings. The project must provide upgraded fire extinguishers and smoke alarms. The project is also conditioned to comply with current fire protection requirements. B. Uniform Building Code: The Building Department has reviewed the "Property Condition Assessment Report" prepared by the JCEP/Huang Consulting Engineers, Inc. and the Supplemental Report by Land America Commercial Services and found that the Project will satisfy the Building Code requirements if the recommended improvements are constructed or put in place. These requirements are generally described in the Property Condition Assessment Report Executive Sununary (Attachment 5), and implementing conditions of approval specified in the attached City Council Resolution. C. Storage: Section 15.56.020 requires adequate storage area for each unit. One-bedroom units require 150 cu. ft. of storage, while two-bedroom units require 200 cu. ft. As seen in the sununary table below, the storage provided for the project's 28 one-bedroom units is 176 cu. ft., which is an excess of 26 cu. ft. Each unit will have a 144 cu. ft. storage cupboard within a carport in the parking lot, and 32 cu. ft. of storage within the dwelling unit. The storage provided for the project's 96 two-bedroom units varies. Forty of the units (2 BR/2 bath) provide 247 cu. ft. of storage, which is an excess of 47 cu. ft. Each 2 BR/2 bath unit has a 144 cu. ft. storage cupboard within a carport in the parking lot, and 103 cu. ft. of storage within the dwelling unit. The project's 56 2-BR/1bath units provide only 183 cu. ft. of storage, which is a deficiency 13-10 Date, Item No.: \ 3 Meeting Date: 7/17/07 Page 11 of 13 of 17 cu. ft. Each 2-BR/l bath unit has a 144 cu. ft. storage cupboard within a carport in the parking lot, and 39 cu. ft. of storage within the dwelling unit. No. of No. Storage Storage Total Total Overage I bedrooms of within in carport storage required deficiency units unit per unit per unit per unit per unit 1 28 32 c.f. 144 c.f. 176 c.f. 150 d. + 26 c.f. 2 wI 1 bath 56 39 d. 144 d. 183 d. 200 c.f. - 17 c.f. 2w/2bath 40 103 c.f. 144 c.f. 247 c.f. 200 c.f. + 47 c.f. Total 124 Table 8: Storage Summary Table Per CYMC section 15.56.070, in considering tentative maps for condominium development and evaluating the manner in which storage space is provided, the Planning Commission may recommend and the City Council may approve departures from the stated standards after review of each proposal. Departures shall be based on the merits of the individual project when good cause can be shown. In this case, the Planning Commission recommended such a departure. D. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The project has completed a housing inspection and is required by condition of approval to correct any deficiencies prior to Final Map approval. E. Protective Lighting Standards: Lighting information has been conditioned to be submitted as part of the building permit application. F. Off-street parking: CYMC 19.62.050 Regulations require 1.5 parking spaces for each 1- bedroom unit and 2 parking spaces for each two-bedroom or larger sized unit. The project requires 234 off-street parking spaces - 42 spaces for the 28 ene-bedroom and 192 parking spaces and 96 two-bedroom units - but is deficient by 42 spaces. The Project provides 192 parking spaces for residents' use, including 51 standard-sized parking spaces, 136 compact spaces, and 5 handicapped spaces. 124 of the total 192 parking spaces will be covered carports, as indicated on the Carport Plan (Attachment 2). There is on-street parallel parking on Orange Avenue adjacent to the project; field observation by staff indicates these spaces are fully utilized in the evening hours, although the ownership percentage of these cars by residents of307 Orange Avenue is not known. Per CYMC 19.62.050 (13), for every 10 parking spaces required, one of this total may be a "compact' space," i.e., 10% of the parking may be provided by compact parking spaces. The proposed project includes 136 compact parking spaces, which represents 71 % of the parking spaces provided, and 58% of the required parking. The parking drive aisles range from 20 to 24 feet wide, which are more narrow than the City's requirement of 24 feet. The western entry driveway and drive aisle is 24 feet wide. Half the length of the western drive aisle serves single-loaded standard parking stalls, while the remaining length is 13-11 Date, Item No.: l;j Meeting Date: 7/17/07 Page 12 of 13 double-loaded. The eastern entry driveway is 24 feet wide, with a 22 feet wide drive aisle serving single-loaded compact parking stalls. The remaining parking areas have drive aisles of22 feet or greater, except for a parking bay of 16 stalls with a drive aisle of 19 feet. (See Attachment 2 Site Plan for the marked dimensions.) Handicapped parking stall dimensions are in conformance with ADA requirements. Pursuant to Government Code Section 65915.5, the applicant is requesting relief from the deficiency in the number of required parking spaces, the non-conforming drive aisle widths, and the ratio of compact to regular parking spaces, as there is no available space on site for additional parking. G. Design Guidelines: The applicant submitted a Design Review application DRC-05-05 for the project's design. A public noticed Design Review Committee hearing was held on April I?, 2006, where DRC-05-05 was approved 4-0-1, subject to approval of the Tentative Map and the Affordable Housing Agreement. Conditions in the Notice of Decision are incorporated by reference into the Tentative Map conditions. H. Separate Service Meters: Each unit has individual electric meters. A Homeowners Association will be responsible for the gas, water, and sewer service utility meters. The Applicant shall provide CC&Rs prior to final map approval showing how this will be satisfied. I. Housing Compliance Survey: The Applicant has completed a Housing Code compliance survey and a condition of approval is included requiring the applicant to correct any violations prior to Final Map approval. J. The applicant submitted a "Property Condition Assessment Report" and supplemental report for review by the City's Building Official. The report concludes that the existing apartment complex is in good condition, structurally and cosmetically. However, the assessment identifies inunediate repairs and short-term intermediate repairs. Staff has included the report recommendations as conditions of approval in the draft City Council Resolution. K. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. CONCLUSION: Based on the above, staff recommends the City Council approve Tentative Subdivision Map, Chula Vista Tract 05-06 and the associated Affordable Housing Agreement based on the findings and subj ect to the conditions contained in the attached draft City Council Resolutions. 13-12 Date, Item No.: J;, Meeting Date: 7/17/07 Page 13 of 13 DECISION-MAKER CONFLICTS: Conflict: Staff has reviewed the property holdings of the City Council and has found a conflict, in that Council member Rudy Ramirez has property holdings within 500 feet of the boundary of the property which is the subject of this action. FISCAL IMPACT The applicant has paid all costs associated with the processing of the proposed tentative subdivision and will be responsible for paying corresponding Development Impact Fees and other applicable development fees, as they may be amended from time to time. ATTACHMENTS 1. Planning Conunission Resolution and Minutes for February 14, 2007 2. Figures 3. Noticing Documentation 4. List of Improvements, Repairs and Upgrades 5. Property Condition and Assessment Report 6. Homebuyer and Renter Assistance Program 7. Affordable Housing Agreement 8. Government Code Section 65915.5 9. Disclosure Statement Prepared by: Jeff Steichen, Associate Planner 13-13 ., LOCATOR MAP - D 6' c =>. ::r ;go =::} a ;go co DO ~ ~.... DO ~~ DO 0 DO 0 DO ~ EBO o . 13-14 ATTACHlVlENT A r:1JJ]] rrrr . tJ , . RESOLUTION NO. PCS-05-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT TIm CITY COUNCIL APPROVE A TENTATIVE MAP TO DIVIDE INTEREST IN 3.48 ACRES AT 307 ORANGE AVENUE FOR A ONE- LOT CONDOMINIUM CONTAINING 124 RESIDENTIAL UNITS - PREMIER COASTAL DEVELOPMENT. WHEREAS, on August 12, 2004, a duly verified application was :filed with the City ofChula . Vista Planning and Building Department by Westone Management and subsequently superceded by Premier Coastal Development ("Applicanf'), requesting approval of a Tentative Subdivision Map to convert 124 apartment units into individually owned condominiums (''Projecf'); and, WHEREAS, the area ofland which is the subject matter of this Resolution herein consists of a 3.48-acre lot located 307 Orange Avenue (''Project Site''); and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed proj ect qualifies for a Class 1, (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thu, no further environmental review or documentation is necessary; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 14, 2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth. Avenue, before the Planning Commission, and said hearing was thereafter closed; and, WHEREAS, the Planning Commission having received certain evidence on February 14, 2007, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in theirreco=ending Resolution PCS-05-06 herein, and reco=ended that the City Council approve the Project based on certain t=s and conditions; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLA.NNJ)\[G COMMISSION reco=ends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT the Planning Commission reco=ends the City Council grant the density bonus pursuant to Gove=ent Code 65915.5 and the associated incentives ' and agree~ent. . . ATTACHMENT 1 13-15 BE IT FURTHER RES OL VED TIIAT the Planning Commission reco=ends that the City Council allow the deficiency of storage spac.e pursuant to Chula Vista Municipal Code Section 15.56.020. BE IT FURTHER RESOLVED TIIAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY TIIE PLANNING CO:M:MISSION OF THE CITY OF CHULA' VISTA, CALIFORNIA, this 14th day of February, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: Chairperson ATTEST: Diana Vargas; Secretary . . 13-16 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. February 14, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: 6:08:31 PM ROLL CALL I MOTIONS TO EXCUSE: Members Present: Felber, Vinson, Moctezuma, Bensoussan, Tripp, Clayton, Spethman Staff Members Present: Jim Hare, Assistant Planning Director Luis Hernandez, Development Planning Mgr. Danielle Putnam, RBF Mandy Mills, Housing Manager Elisa Cusato, Deputy City Attorney III APPROVAL OF MINUTES: January 24, 2007 MSC (Vinson/Bensoussan) (6-0-0-1) that the Planning Commission adopt the minutes of January 24, 2007 as submitted. Motion carried with Cmr. Moctezuma abstaining. ORAL COMMUNICATION: No public input. 1. PUBLIC HEARING: PCS 05-06; Consideration of a proposal to convert an existing 124-unit apartment complex located at 307 Orange Avenue to 124 condominium units for individual ownership. Applicant: Premier Coastal Development. Background: Danielle Putnam gave an overview of the project as described in the staff report, indicating that on August 12, 2004, Weston Management filed an application for a Tentative Subdivision Map to convert a 124-unit apartment complex to condominiums for private ownership. In December 2004 the current applicant (Premier Coastal Development) took over processing of the project and began a series of meetings with City staff to address issues and deficiencies, project improvements and revisions. To qualify for incentives under density bonus law, the applicant proposed the project include 41 housing units affordable to moderate- income persons and families; therefore, an affordable housing agreement between the City and the applicant was prepared. 13-17 Planning Commission Minutes -2- February 14, 2007 Staff Recommendation: That the Planning Commission adopt resolution recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein. Commission Comments: 6:37:44 PM Cmr. Vinson inquired who qualifies and monitors the household incomes to ensure there is compliance with affordable housing requirements. Mandy Mills, Housing Manager, responded that she monitors and verifies all of the applicant's income documentation. Additionally, a Silent Second trust deed is recorded. Cmr. Benoussan offered the following comments: . It makes more sense to give a $5,000 credit instead of discounting the unit price by $5,000. . Noted that the solar panels will not be replaced with new ones and stated that perhaps some type of incentive could be offered by the City to encourage the applicant to install green technology. . Recommends that no mature vegetation Le. the eucalyptus trees be removed Ms. Mills responded that the discount helps with the property taxes because they're calculated based on the property value. Cmr. Spethman stated that this project will attract first-time homebuyers; young couples with children, and noted that the project proposes a tot-lot for 3 to 5 year olds, and inquired if there is any open-space or other recreation space proposed for older kids. Chris Duggins, applicant, responded that the project was designed to provide as much open space as possible. Additionally, the pool and recreation center has a game room that offers older children additional recreation. Cmr. Felber asked how much time does the applicant have before a Final Map is approved. Ms. Putnam responded they have two years before Final Map approval. Cmr. Felber asked if the applicant would be willing to move up to 10 days (instead of 5) the $500 relocation assistance to those tenants who choose not to purchase their units. Chris Duggins responded that they would be willing to move it up to ten days. Cmr. Bensoussan inquired if the tenants who wish to purchase their unit would have any type of relocation assistance while they are waiting for the upgrades to be done on their unit. Mr. Duggins stated that they would be willing to add $500 to the discount credit of $5,000. 13-18 Planning Commission Minutes -3- February 14, 2007 Cmr. Spethman asked if it was within the purview of the Planning Commission to request of a developer or an applicant certain standards for financial incentives on a project. Mr. Hare responded that to the extent that an applicant is agreeable to them, they can be memorialized as Conditions of Approval, however, if the applicant was not willing to make those concessions, the Commission would have a limited capability require them. In this particular application, the Commission is charged with making the necessary findings to recommend approval of the Tentative Subdivision Map for a proposed condominium conversion project. Public Hearing Opened. Chris Duggins, applicant, stated that there is a significant difference of opinion between the City and the applicant with conditions of approval #32. under Section IX relating to Sewer. The City is requesting that the developer install a sewer manhole at the point of connection to the City sewer main and that the sewer laterals be privately maintained from each condominium building to the City-maintained public sewer main on Orange Avenue. Historically, the clogged sewer lateral problems were caused by improper sewage disposal (paper towels and grease) going down the property's sewer system, requiring the City to come out and clean them. For this reason, the City Engineer placed the condition that the developer should install a manhole at the point of connection to the City sewer main to enable easier access to clean out. The applicant is proposing that the Homeowners Association have regularly scheduled maintenance and clean-out of the sewer laterals, and that the HOA provide on-going education and awareness to the homeowners relating to proper sewage disposal. Sylvester Evetovich, Principal Civil Engineer affirmed that they've had discussions with the applicant regarding the removal of this condition. Upon conferring with the Public Works Department, they are in agreement with what the applicant is proposing and agree that the manhole is not necessary so long as the laterals are maintained and clean-out periodically. They are still crafting appropriate language that needs to be reviewed and approved by the City Attorneys Office and the Planning Department. Cmr. Tripp stated that having served on the GMOC, one of the ongoing discussions is the need for infrastructure improvements in Western Chula Vista, therefore, he is a bit perplexed at the position the City is taking in recommending that the HONresidents put a manhole and maintain their own sewers. Cmr. Vinson concurred with Cmr. Tripp's concerns and stated that sewage problems is a public health issue and is not something that should be relegated to be resolved by private citizens or HOA's. Mr. Evetovich stated that the sewage system for this complex has and will continue to be privately maintained. The problem is that whenever there have been sewer problems, the City crews has to go on site to access the clean-outs within the 13-19 Planning Commission Minutes -4- February 14, 2007 buildings where the clog exists. The manhole would allow the City to clean the sewer system from the street instead of coming onto the complex. Mr. Duggins further clarified that part of the problem has been that there has been no scheduled maintenance for clean-out of the laterals that hook-up to the City sewer system. What is being proposed is that the HOA be required to contract for scheduled maintenance of these laterals in order to avoid future problems. Cmr. Spethman echoed the concerns raised by the Commissioners and maintains that the upkeep of'a problem-free sewer system cannot be passed on to private citizens. Cmr. Clayton stated that, in her opinion, nothing is free and someone always must pay the piper. The incentives and credits that the applicant has graciously agreed to, as well as the cost for installing the manhole will have a direct impacts on the housing cost and unfortunately the consumer will end up paying for it. Cmr. Clayton asked if the applicant had an idea of how much it would cost to install the manhole. Mr. Duggins stated that they've gotten numbers ranging from $25,000 to $95,000 dollars. Cmr. Felber stated that, in his opinion, any responsible homeowner seeing that part of his HOA dues is going toward paying for sewer lateral maintenance, that should be motivation to ensure that they do their part in not taxing the sewer system with improper sewage disposal. Public Hearing Closed. MSC (TrippNinson) (6-1) that the Planning Commission adopt Resolution PCS 05-06 recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein: . Upholding Condition IX. 32., which states, "The applicant shall provide a sewer manhole at the point of connection to the City sewer main...". . Adding a new condition that reads, "The applicant will provide the refund of each tenant's security deposit not less than 30 days prior to their relocation and shall provide relocation assistance of $500 paid to tenants not less than ten days in advance oftheir relocation. Motion carried with Cmr. Spethman voting against the motion. Director's Report. Assistant Planning Director Hare discussed the upcoming Planning Commission calendar schedule and indicated that March 21st is tentatively slated for a Special Meeting and February 24th is the DRC tour. 13-20 Planning Commission Minutes .5- February 14, 2007 Commission Comments: Cmr. Clayton stated she finds it very helpful when Mr. Hare explains what is the Commission's scope of responsibility in rendering a decision or recommendation on a project, however, she would recommend that his comments be made sooner, than later, once the Commission is embroiled in a discussion that perhaps is a moot point. Cmr. Bensoussan reported that she attended and was impressed by how informative the GMOC tour was. Additionally, it has come to her knowledge that the Del Webb Luxury Senior Living complex, for which the General Plan designation was amended to accommodate this project, is not going to be built after all. Cmr. 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Q lU- ll! :E- O o It: CI Z .z Q c4 CI -z :; - ..I Q- .z B IU 2: :c 0 ... ti 0 i fIl 0 0 ..l , 13-26 . .t: . z:r en Q U) r-- ..c C.. .. ca: ....(0 iLea 5.11) .. . o~ o. .- E LL.. o o a. -a. .4) r:a o ~ I- . Q :E ~ 0 0 :E a:: 0 0 Q 0 W a:: z III W . X X !( (J . I- III ;: :E o o a:: Q w III CLOSET 13-27 . :E o ~ CI Z so: a oil. CI z. s: ::i . < . 'it: . c:r tn It) co t- c '.c ," .. ~,' 'fa -", a.m ~,,~, ,os -0 &L. ", 0' ... " CD m o ~ J- . :;: o o ll:, ClI Z Z 2i '" c), Z > :J [[J :;: o o ll: Q' W III I- W en o .../ tl :;: 0 , KITCHEN 0 'I- D ll: w Q Ill' D W 0 III .../ tl, 13-28 . b.L.":>' "7L"O (.0"+"0 1-'..1214. .....=.......::-'" -.J-..<..c.I== ..I..L ~ lO~ r'l'l U~HN~~ ~~~N HrHKII'I~NI~ ""'1' . . -, . ~- .r .... -- Notice tv Tenants of Intention to COn\fert to Condominiums Government Codes 66451.3 &. 66452.5 Th<! Own~rs. or the buildings located at 307 Orange Avenue( Chula Vista CalifornIa Intend to file an application wIth the City of Chula VIsta to Convert the apartment rental Units to Condominium units. You will be given notice of each public hearing for which notice IS required pursu,mt to sections $6451.3 and 6645.2.5 of the Government Code. You haile the right to <lppear and the light to be hearq at any such hearing; . Westone M gement Consultants /! r'" / ../, .. . {.. 'I I\!Jthorlzecl nQen! for ilie O. e Prope~ I havs l'aQi!Vet;! this notIce dated Prospec~lve tenants signature september 1st, 2003 0<;, OC.T O'S j:(,/l7;?-~ ~ . . . ATTACHMENT 3 13-29 <- , . September 1, 2003 Prospective Resident Orange Glen Apartments Dear Prospective Resident The Owners of the buildings located at 307 Orange Avenue, Chula Vista California intend to file an application with the City of Chula Vista to convert the Apartmef]t Rental Units to Condominium Units. Yaw wil,l be given notice of each public hearing for which notice is required pursuant to sections 66451.3 and 66452.5 of the' Government Code. You have the right to appear and the right to be heard at any such hearing. ConAm Management orporation, .Agent for Owner Community Direc 0 , ",,,,,,,'edge re.. . ~ ~tifi""'OO Signed: ~~ Print name: 1 'tit, "'iTl- - <</0.1,,5.1. Address: 30'1-- OmV\qe'-A\/e #-1 Signed: Print name: Address: . Date:~ldl/O& Signed: qt t:'\ J-_;r.i~'\.J:rr:rf -bu.o..L~ Print name; ')f-Hl-H'1'l)I1-AlLTC7<: KWrIV Address: 30l-0ro....qt> AvE'. <ff=/ Signed: Print name: Address: . . 13-30 EXTERIOR AND INTERIOR IMPROVEMENTS, REPAIRS, AND UPGRADES FOR CONDOMINIUM CONVERSION AT 307 ORANGE AVENUE PCS-05-06.k\lD DRc-as-os The following requirements have been derived from the project's Physical Element Report and Supplemental, information provided by the Applicant, and Staff reviews of submittal materials. Note that the following may require Design Review or building permit approval: A. Property Condition Assessment Report - Repairs required prior to building occupancy. 1. Previously required repains from the Housing Inspection have been complied with; no repairs are required at this time. B. Physical Elements Report - Immediate Repair or Replacement items, which are improvements required prior to Final Inspection or Occupancy of applicable Condominium Units, whichever occurs first, uniess stated otherwise: 1. Correct alligatoring and cracking on asphalt pavement in the entry driveway gate area. . . 2. Thoroughly examine the irrigation systems and make the necessary repains and adjustmentS to assure the proper spraying of irrigation water. 3. Repair main waste line (sanitary sewer line) located at Building A2 that has a negative flow from the building to the street. 4. Inspect fire alarm paneis and update tags. 5. Install hard wired smoke detectorS in all bedrooms. 6. Install 5/8" drywall (Type X) on all common walls and ceilings along with installation of draft stops above all common walls in the roof attics to be . compliant with a one-hour fire rating. . 7. Repair or replace leaning I damaged fencing along west side of property. Source; Physical Elements Report (August, 2003 by JCEPIHuang Consulting Engineers, Inc.) and the Supplemental Property Condition Assessment (August 10,2005 by LandAmerica.) . C. Improvements or Repairs from Information Provided by the Applicant 1. Removal of non-operational roof-mounted solar panels and solar hot water tanks. 2. Install new roofs on all buildings. 3. Install gutters and downspouts on all buildings. 4. All items listed in attached letter from Applicant dated April 5, 2006. . . ATTACHMENT 4 H:\PDATA\2510131SlAdmin\Task 8 - 307 Orange AJ ~~J5-06)\DRC hearing 4-17-06\4-17 List ImDrovements & Reoairs.doc . April 5, 2006 City of Chula Vista.Planning Department 476 Fourth Ave " ChuIa Vista, CA919l0 Attention: Danielle Putnam, Contract Planner RE: Application DRC-05-05 and PCS-05-06 Tentative Map for Condominium Conversion at 307 Orange Ave Dear Ms. Putnam: Please find below a list of our proposed upgrades that will be made to the subject , property, covering boil). the individual condominium Units and the development's, exterior items. Please note that while we are confident about the scope' and . specification of work, the manufacturer's specifications areprelimimiry and lI;1ay change due to manufacturer/product availability. However, any item changes are anticipated to be for a product of sinillar quality, style, and color. General Interior 1mprovements to All Units: " Replace, all air conditioners' "Fabricate casing around air conditioning units " Add chandelier light i,n nook " Install 1.5' x 4' ceiling mount fluorescent light in kitchen " Add ceiling fans to bedrooms " Replace.fan box in bathrooms " Raise light bars iri bathrooms to 84" in height .. Install dimmer switches light bars " Raise shower heads in bathrooms to 80" in height .. Replace all tub and shower vaives .. Refinish all existing tub and shower enclosures .. Install new shower doors II Add Johnny cabinets . . Replace all medicine cabinets .. Tile all bathroom floors .. Install Melamine shelves (with chrome pole and cleat) ill all closets 13-32 o Install voice and data lines in living rooms and bedrooms as shown on electrical plan a Install washer and dryer hook ups and install ventilation fans in all storage closets located offnook .. Finish window seats with sill and apron in master suites .. Install all new electric appliances. Improvements to 1 BR /lBA Units (#100 as an example) .. Dining bar area in unit will have either 2 pendant lights or 2 - 4" cans over dining bar ... Remove existing lighting (ceiling mount) from nook area .. Create arch openi:llg to kitchen .. Maintain voice and data cable location in LR .. Install voice and data location in BR .. Create ar~ opening to hallway from living room .. Locate lighting over.vanity in bathroom, 84" up frotn floor .. Create 59" banj 0 si,Uk top element around toilet .. Install washer/dryer at existing linen closet. F.abricate additional storage .. Frame washer/dryer closet opening. to install panel door. .. Replace existing vanity in master bedroom. .. Replace the vanity light bar for a ceiling flush mounted fixture .. Shift entry into the MBR closet to the right, where existing v~ty is currently located .. Vanity cabinet to be 27" due to existing plumbing placement Improvements to 2BR/2 BA First Floor Units (Unit #31 as an example) .. Change layout of kitchen to minimi7:e dishwasher plumbing through cabinetry co Install corner wall cabinets with glass on either side of the kitchen window II Relocate nook light to center of dining area and install a chandelier .. Create arch o~ening to nook . .. Install 1.5' x 4' ceiling mounted fluorescent lighting .. Remove the split linen closet in hall to expand living room and create a full height niche . . 13-33 2 o Create arch niche opening in Living Room a InsUill data cable in Living Room niche area . Install voice data cable in M:BR on entry door wall . Install light in storage closets above air conditioners . Utilize portions ofMBR closet to create stackable Washer 1 Dryer closet;vith panel door " . Install shelves over the Johnny cabinets in bathrooms . Install in Master Bath 39" vanity combination cabinets with bank'of drawers to the left of sink base . Install in secondary bathrooms 39" vanities with drawers to the right of the sink base Improvements to 2BR/2 BA Second Floor Units .. Upgrades to be same as for ground floor units ~provements to 2 BR 12 BA. (#86 as an example) .. Install exterior wall mounted light for entryway .. InsUill switch for new entryway light , .. Relocate voiceldatacable in Living Room to entry wall 60" from the front door .. Install 2 pendant lights or 2- 4" cans over dining bar .. Cancel flush mount light in nook/dining space .. Make kitchen ceiling 96" H with 1.5' x 4' fluorescent .. Reframe closet to accommodate 8' wide mirrored doors .. 'Entry w<J.ll niche, arch top and put a 12" deep base cabinet with granite top , .. Install 36;' vanity base in bathrooms .. Add shelves over the Johnny cabinet .. Install framed mirror over vanity , , 13-34 Exterior Desi2TI Improvements: o New entry gate designs to existing entrances (CAD drawings enclosed) o . o o o o o o o o 0- o - . o . . . e Add a new monument Add a Tot lot in the front lawn area of property Create a private terrace off of secOlid story master bedroom (example unit 86) . _ Add a will 84" in height and 50" in length. This height avoIds the roofline.. The wall separates the master terrace from the entry into the adjacent unit. - Add 5'W French doors off master - Install wall caps where needed on exposed wall tops on the new upper balcony walls Add iron details to street facing buildings - (CAD details enclosed) Remove flood lights from entry ~ides of buildings Add an entry wall mount light fixtnre to each condominium entry except where there are ceiling mount futures Add foam details to entry doors and designated windows (design details enclosed) Add shutters to designated "lYindows Remove trees With large roots that lift the concrete walkways and those trees close to the foundation walls Concrete lightweigl].t tile roof Replace iron railings (detail enclosed) Use e;risting rental office space to incorporate a gym Convert eristing laundry facility into club house Landscape design done by Architect Add large wall mounts to front of buildings on street side at each - end (as shown on exterior elevations) Remove flood light from center of building - -Exterior Design Improvements: Pool Area . Resurface deck with deck coating . New patio furniture e. Add exterior lighting . Add BBQ's to pool area . Remove wooden benches from trellis area . Furniture 4unibrella tables 16 chairs 4 umbrellas 1i lounge chairs 6 side tables 13-35 . . A Exterior Paint Colors: Dunn Edwards Paint (or similar color by other manufacturer) Color # Placement: 1. Pale Beach DE6199 Stucco-Tan 2. WoodeuPeg DE6215 Stucco-Brown 3. Briar DEC712 Entry doors/ra.iIin.gs 4. Olive Court DEAl 74 Foam Details, Shutters, Roofline Fascia, Stringers, Metal Stairs The building walls will be labeled with tape prior to painting the exterior. This will provide exact placement of coior on the exteriors. Exterior Details: Mailboxes: Salsbury Industries Bronze Finish Vertical Recessed Units Iron Work: Details enclosed Tiger Drylac powder Coat Paint Color: RAL 8016 ' www.tigerdrvlac.com 'Roof: Eagle Roofing products Ponderosa Lightweight concrete tile Product #5634 Kings Canyon Blend Roofline 'Gutters: RGS Aluminum Gutter Clay If desired, we suggest .painting: Olive Court DEA174 . 13-36 , Wall Downspout Gutters: Shutters: Foam Detail; Siding Details: Windows: Carpentry Entry Door: Address Font: . House Numbers , House Numbers: Door Hardware Exterior.Entry DoorHandle: RGS Aluminum Gutter Clay KG Design ~ Build, Inc. Spaced; Style Code B2 Spaced 16 7:\," width Order in: PaiIit Ready #30. Paint: Olive Court#DEA174 Details enclosed Frame with Plywood & 2" x 2"'s per CAD drawing. Vinyl MiIgard Retrofit Color: Sandstone TM Cobb Classic-Craft Rustic Fiberglass CCR 820.5 Baldwin Archetypes 0.10. Craftsman Dark Bronze Refined App.lications Bronze Emtek Arts & Crafts Handleset Oil-Rubbed Bronze . . 13-37 " Lighting Exterior Lighting Large Wall Mount- Hinkley Lighting Common Area Lighting: Entry Wall Mount: Hinkley Lighting Patio Ceiling Mount: Hinkley Lighting Patio Wall Mount: Hinkley Lighting 13-38 .., Westwater Collection 2495 CB 'Copper Bronze Finish wI Clear Seedy & Tiffany Pattern Glass l1"W:x 15"R:x 10 ?/'''E 9 ?/''' top to outlet ' (3) 40W Candelabra Westwater Collection 2490 CB Copper Bronze Finish wI Clear Seedy & Tiffany Pattern Glass 8 y,"W:x l3"R :x 8 W'E 8" top to outlet, (2) 40W Candelabra Westwater Collection _ 2499 CB Copper Bronze Finish wI Clear Seedy &, 'Tiffany pattern Glass 7 ?/,"H:x: 13 W'D (3) 40W Candelabra Westwater Collection 2498 CBCopper Bronze Finish wI Clear Seedy & Tiffany Pattern Glass 7"W:x 8 W'H:x 6 W'E 4 ?/''' top to outlet (1) 60W med. 3/31/06 . . 307 Orange Avenue Chula Vista, CA 91911 Scanned Images of Specs Roof: Eagle's J;'onderosaRoofing; Lightweight Concrete Tile King's Canyon Blend Mailboxes: Vertical Mailbox in Bronze Finish 13-39 11 . . Shutters: Board-N-Batten Spaced Panel B2 Shutter Entry Doors: 1M Cobb Classic Craft CCR 8205 Entry Door . . 13-40 9 Hardware: Exterior Entry Door Handle .. Arts & Crafts Handleset Collection; Oil-Rubbed Bro=e 13-41 1n . . Exterior Lighting: Hinkley Lighting; Westwater Collection " Large Wall Mount; Co:r:i:mJ.on Areas Copper Bronze Finish w/Clear Seedy & Tiffany Style GlaSs Entry Wall Mount Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass , , 13-42 _ 1.L Exterior Lighting: Hinkley Lighting; Westwater Collection Patio Ceiling Mount Copper Bronze Finish w/Clear Seedy & Tiffany Style Glass Patio Wall Mount Copper Bronze Finish w/Clear Seedy& Tiffany Style Glass , . 13-43 17 l Project No. 08-C-01809 August, 2003 REPORT Property Condition Assessment Orange Glen Apartments 307 Orange Avenue Shula Vista, Sail. Diego County, California.91911 Prepared For MALCOLM, DAVID & DARMO~ DARMOR, DBA, O&A Clo Westone Management Consultants 710 CamiIio de la Reina Sl!ite 129 San Diego, California 92108-3216 Attention: Mr. Joseph Scarlatti Prepared By JCEP/Huang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 .. ATTACHMENT 5 13-44 , 1.0 EXECUTIVE Sll1\1MARY 1.1 General Description JCEPtHuang completed a property condition assessment (PCA) of a multi- d-w-eIling complex known as Orange Glen Ap8rtments located at 307 Orange Avenue, Shula Vista, San Diego COl.m:ty, Califomla 9191lat the request ofJ oseph Scarlatti of West one Manag=ent Consultants. As part of the peA, an on-site walk through observation was made ,on August 20,2003 -with Lindsay Erickson of Westone Management Consultants, and Luis Sarinana" Resident Manager of the ' Apartments. The subject property contains 124 dwelling units scattered in 7 two-story, wood frsmed, rectangular-shaped garden type apartment buildings. A brief description of the dwelling units is as follows: 'V Unit Tvne No. of Units Size "fUnit 'i'otaIArea 2 BD/2 BA 56 785 s.t: 43,960 s.f. E1A3D/1 y, BA 40 760 d. 30,!I00 s.f. 1 BD/1 BA 28 540 s.f. 15,120 s.f. Total 124 89,480 s.f. Additionally, the sUbject dwe11i:ng complex also provides 193 surfaced pailing spaces (mcluding 4 handicap pittldng stalls), a leasing office building, a laundry room, a swimming pool, and associated hatdscape and landscape. ConstI:ucnon drawings were not available for JCEPtHuang's revi~w. Reportedly, the subject property was developed in 1985 on an irregularly shaped suburban lot of an approximated 3.46 acres in the City of Shula Vista, San Diego County, California.. Heating and cooling of the dwelling units are provided by individual electricity- powered AlC units.. Domestic hot water for the apartments is provided by a ' centralized solar and gas-fue<;l hot water heating unit supported in the utility closet of each apartment building. Each dwelling.unit is firmi .11ed -with an electric range/oven, refrigerator, hood and garbage disposal. All two-bedroom units are also equipped -with dishwashers. The electric distrlbution panels and individual electric meters are housed in the utility closet of each building. Gas meters are hung on the exterior walls of buildings near the ground, Smoke detectors are available fOr the apartments, and the public areas of the buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street 'sidewalks by the property and ou- site as required by the c=ent fire code. . . . 13-45 4. 1.2 General Physical Condition Management of the apartments advised that seal-co~g and restriping of the asphalt pavement were completed about ll6 years ago. The swimming pool was resurfaced in 100 I. And the apartment buildings were repainted in 2002. ' The subject property appears adequately maintained and in overall good condition with some defects noted. Components of the buildings are composed of durable materials and sturdy construction. It is JCEPlHuang's opinion that the subject property is comparable to or better than other similar properties of similar age in this area and, subject to a continued program of sustained preventative maintenance, the r"meining economic life of the subject apartments should. exceed 35 years. 13 Recorro;nended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe cQnditions,. material code violations, and items that requite corrective works'on a higherpriority than routine work. Bas~dupon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identaled: . . Alligatoring and cracking on the asphalt pavement in the entry driveway gate area were noted (see photo #15 and #16). This condition should be corrected immediately before it deteriorated into a potential tripping hazard for pedestrians. ESTIMAlED COST: $8,000.00 . . Thoroughly examine the irrigation systems (see photo #23). Make necessary repairs and adjustments to assure the proper spraying of the irrigation water. ESTIMAlED COST: $ 800.00 1.4 Recommended Short Term arid Intermediate Term Repairs (between I to 5 years) . . Dueto aging, it is expected that the following equipment will need to be replaced. . . 13-~ . L Five (5) AlC units each year ESTIIv1ATED COST: . $700/each 2. One (1) hot water heater each year. ESTIIv1A TED COST: $500/each 3. Five (5) refrigerators each year. ESTIMATED COST: $500/each 4. Five (5) dishwashers each year. ESTIMATED COST: $450/each 5. Five stoves/range each year. . ESTIMATED COST: $400/each . Pitched roofing system has a usefu1life span of between 20 and 25 years. The . Apartments was developed in 1985. Reroofing of the buildings will become necessary soon. ESTIMATED COST: $2.50/s.f. We understand that the owner of the property haS a renovation program to up- grade the property. The program will be carried~ut within the next two to three years, and it includes: 1. Repair/replacement of flooring and painting of interiors of all dwelling units. 2. Repair/replacement of kitchen appliances, counter tops, cabinets and .sinks. 3. Repairlreplacement of windowS and doors. 4. . Repair/replacement of bathroom fixtures. 5. Repair/replacement of any water damaged building elements and materials. 6. Repair/replacement of plumbing system. 7. Repair/replacement of electric system. Together with the reco=endedrepairs, the subject apartments will become an attractive and high quality property. : 13-47 C:, ~ landAmerica' Commercial Services August 10, 2005 --;:::---. .-;".~.~~;;p~\7"~:"~~ l!lr--\ 11~ li 11 Ii=- 11 \'"j ll-. i: \,1 'I:J = .;- ,""'l ':..0---"".---". .' l\__'~~-';;'~'" . \1 j' ~ .1 ,,1 .. IlfH - ;:..:, \u i AUh 1 5 2.00:1 \, \ 'L __........J. ~~...I;t,........... ?L!i.f\ir~~NI..:l .-- !..----..---............--........ .......-... Mr. Michael D'Amelio Premier Coastal Development 1010 Turquiose Street, .suite 200 San Diego, California "92109 Re: Imme~te Repair Verlfication 307 Orange Avenue ChuIa VISta, California 91911 LAC Project 05-29331.1 Dear Mr. D'Amelio: LandAmerica Assessment Corporation (LAC) is pleased to provid<; you with a Supplemental Property Condition Assessment perf=d in adherence to the City of ChuIa Vista requirements and Premier Coastal Development guidelines. On July 28, 2005, Greg L. Gavasse, LAC Professional Associate, perf=ed a Visnal inspection of the present condition at the property located at 307 Orange Avenue in ChuIa Vista, California. The pUIpose of this assessment was to snpplement the original report performed by JCEPiHuang Consulting Engineers, Inc., dated September 2, 2003. The snpplemental items that need to be covered are 'as follows: 1.) UBC year the project was crnistrocted nnder. The project was constructed under the 1982 edition cif the Uniform Building Code. 2.) Location, condition and summary of use for the SDGE transformers, distr1"bution panels, meters. ' ' The property provides three SDGE transformers, which are located at the northwest corner (transformer #~ - D16l8372968 Cir 151), south side I rear of the property (transformer #2 - D16l3972994 Cir 151), and at the northeast comer of the property (transformer #3 - D16l8573005 Cir 151). The transformers feed main electrical switchgear through underground conduits. The main electrical switchgear is located in exterior electrical closets at each building (see site plan for locations). The main electrical switchgear is rated at 400 amps and provides 120/208 V AC, 3 pole service to each apartment nuit Each apartment is separately metered, through a 70-arnp main supplying a sub panel located in apartment unit master bedroom walls. Each building also contains a 20 amp house main. Interior wiring noted was obserVed to be copper and is Romex type wiring. Surfuce incandescent fixtnres provide the interior lighting. SEe provides telephone trunk lines. In geoeral, the electrical systems for the Subject Property, including switchboards, panel boardS, lighting and wiring systems appear in fair condition and adequately sized for the =entuse of the ap".tmeots. Manag=ent reported no problems andlor deficiencies with electrical systems. 3.) Conditions and reco=endations on plumbing types, condition of fixtures and plumbing system in general. . . LANOAMERICA ASSESSMENT CORPGRATION 1320 HARBOR: BAY PARKWAY ~250 ALAMi:::Q"",,---C.A}'iiORNlA 94502 TeLEPHONE: 510.337.2855 FACSIMIIle;,;p-t'q.iP7.2.865 WWW.NA.CO~P.COM en w tt:: ;:) l- e z w .a. ~ w (J z <1;' z w 1Z < ....:s we ...Jw Dltt:: ~tt:: w u.. w e e .~ tt:: < a. w tt:: w I- <I: e w :s ~ '" o o N 0- .... - '" ::l OJ ::l <I; ~j~ "-_." . . -:':~'':'~~ :~:~~~.E -:;;n,~ ._".-0:" .:.~.,~~~. ,.....7'.. ;:y;.'~ ~~..~ I .,~.;;> ~~'lfJ i~-~. .~ -w ,~.~ ....,"" ~"':oc:: ~~€) 'q. .-;1 v:ll -'" '-;; <lJ~ E~ <<;t-3 u:U ,::5 mE -13 ~ " :> c <D ~ <0 C '" ~ o c o c '(ii E <0 :S E OJ ~ (jj oi 0 "0 ro c " "' .."J c 0 (jj E ;; E c 0 - 0 0 0 E (jj " E "0 0 " (jj 0 > - 0 OJ ..: .0 ~ ..: Cl 0 Cl Cl . Cl '" '" Cl CJ) '" to '" .... ~ .". .". ... 1Il .... C III .... ElU~ t::::l.... 01<::'" c,<ll.... <I; .>..... <::<I;U CD.m ~ - OJ- c!>c.!!! 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" . ~1- 0 <Il C 0 C C 0 0 0 n::~ I- -.-- -~ ,May 3, 2006 , City of Chula Vista Planning Departtnent 4'1'6 Fourth Ave ' Ch\J1'a Vista; c.<\ 91910 , 'Atten.tion; Danielle Putnam, <;:ontract PI<0!'ler ;1,_. ' .- JU;:: Application DRC-D5-05 and PCS~()5-06 Teprative.i);1ap for Condominium Conversion, at 3f;fl Orange Ave - Homebuyer iu(d TeiJ.alilt Relocation A.ssistitnge Dear Ms, Putnam: In response to the request from the pianniljg Department" the follo'iYing outlines a program \hat ""ill be implemented to assist the:lelfanrs with pOl-ential CONdominium purchase or relocation: .' . ,.' . A rire~tinglworkshop wiU be mgam~~4 ~o iljc1uct:e aJ) tenants, a rePr@s~ntalive from the . property management cl;JJnpmty, Ii iept~~!1lative or a toortgage bi'ok/lr. and representatives " frOln!'he de'leloper within sev~' (7)'c1a:\1S'm the appi:Ove:d''r~n~li've Map. We also believe that $e City of CBNla Vjsta wpuk! :iik~ tn. nav]" fl' repiystmhitive pres~L , .: . .', " ",' The fol1'owfug items will be discttssMl . " . 'I- " . , , " . . ' A. Information on [he con1~rsion iff ll!i. project ana the future of their f~.naiacy, . '. ".- . . " 'B, Assistance for tenants 'who wish' ttipuicl1ase their units . 1. A mortgage broker'wiD b~:Ft~~i to help those wli.6; wish t9,puicha;;e thdr \Init 2. The ero),::er will hol;,i an brr,.:s:lt~ WO,likshop On how tenant? can pte~qualify for a mortgage and beco~ hbl!leOjNii~ ' " . '. 3. The developer ",ill Off"T f,o'aFiYJ~rested teiJ.a:nt a $5.60(;)',~iSCO\l;1t towards the purchase oftherr nuit ~9~~si#ttUJce with information on CB1,TIlliunity Housing , "Vot.ks, a non-profit org$I\lzati'Qo, that assists pEst-time 'hofutibfl)'ers by provicl.ililg a,:Gess to specif!! loan ~rid'~llt f:trOg:ff!.ITlS available; t~91igli. state and local govemrnenL The c;11sc:mni't Will !:J€ offered only ror. ilios" rl\i;\an1s who ]?1l'Fchase a . unit at the 307 Orang~ M-;;l'lu~ project. '. , " c. Assistance foi' tenants who chobse to'relocate: . I,' The applicant will asS.is~with"the relocation ofthos.e terupits rho-prefer not to. purchase theit units by. providing $500 fat r'elocaliol'1 an'd lh6ving assistance, their. full security deposit b8clc, imd a referral list of .affordable housing that is generated by the Community DeveJoprtie~t Department. ". . . ATTACHMENT 6 1U1DTurqBmSjl 5l Suire 2ilU . S;;!I Dilgll.fl1 !l211iG'4ii5iOl/ll413i1ij . jllJl 8fr8t214.212S . &~i!f.Prilliliilr8lm!l'Jlfitim"m. " 2. Assistance in locating replacement housing Ve'ill be offered by the property management company who will ~signate a representative to help tenants secure rental bousing. 3, . Any tenants toov'ing in after approval of the Tentative Map by City Council will be on a mOEm-to-month lease and as tn!; wqrk progresses, reduced montbIy :tent~ will' be provided. . Sll(::erely. .. l2L~----. Clrristopber Duggan Premier Coastal Development .' '!" '.. 2 13-51 . . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Alln: City Clerk No fee for recording pursuant to Govemment Code Section 27383 (Space above for Recorder's Use) AFFORDABLE HOUSING REGULATORY AGREEMENT THIS AFFORDABLE HOUSING REGULATORY AGREEMENT (this "Agreement") is entered into as of ,2007, between the CITY OF CHULA VISTA, a municipal corporation ("City"), and WGA ORANGE AVENUE, a Califomia limited partnership ("Developer") and/or its successors or assignees. 1. - Recitals 1.1. Authoritv. The City is a municipal corporation, organized and existing under the laws of the State of California. City is authorized to enter into binding agreements for the purpose of protecting public health, safety, and welfare. 1.2. Developer. Developer has a property interest in property in the City of Chula Vista, in the County of San Diego, California, commonly known as 307 Orange Avenue, which is legally described in Exhibit "A", which is hereby incorporated herein (the "Real Property"). The Real Property will be a condominium project established pursuant to Section 1350, et seq. of the California Civil Code. 1 .3. Proiect. Developer wishes to convert the existing 124-unit apartment complex at 307 Orange Avenue to a condominium project (the "Project"). Owner proposes that 83 of those units will be sold at prevailing market rates (the "Market Units") and that 41 units will be sold at affordable prices to eligible moderate income households (the "Restricted Units") as further described in Section 1.5 below. 1.4 Tentative Map. The City Council of the City of Chula Vista, through the adoption of Resolution No. , has approved a tentative map in accordance with the State Subdivision Map Act and the City's Municipal Code, Chapter 15.56, authorizing the conversion of the Project into a condominium project. The Owner has requested a Density Bonus pursuant to 65915.5. Pursuant to 65915.5 the Owner is entitled to additional units or incentives of equivalent financial value. As requested by the Owner and in accordance with Califomia Government Code g65915.5, the City has granted Owner a reduction in certain requirements of the following conditions of conversion as incentives of equivalent financial value: Affordable Regulatory Housing Agreement 1 13-52 . The requirement to comply with the off-street parking standards for multiple family dwellings and dwelling groups which exist at the time of the establishment of the Project as a condominium project set forth in Municipal Code section 15.56.020(F). . The requirement to comply with the City's current open space requirements set forth in Municipal Code section 19.28.090 . The requirement to provide storage space set forth in Municipal Code section 15.56.020(C). 1.5 Density Bonus Conditions. Developer and the City now desire to enter into this Agreement to satisfy the conditions of approval requiring Developer to provide at least 33 percent ofthe total units as moderate income for sale housing. as defined in ~50093 of the Health and Safety Code. 20 One Bedroom / One Bath 21 Two Bedroom /1 Bath 1.6 Bindina On Successive Owners. Pursuant to California Government Code Section 27281.5, the parties intend that this Agreement constitute an encumbrance against the Real Property which, during the Term of this Agreement, is binding on the owners and successive owners of the Real Property for the benefit of the City. NOW THEREFORE, THE CITY AND DEVELOPER HEREBY AGREE AS FOLLOWS: 2. - Definitions The following definitions apply for purposes of this Agreement: 2.1 "Area Median Income" means the latest median income from time to time determined by the United States Department of Housing and Urban Development (pursuant to Section 8 of the United States Housing Act of 1937) for the San Diego Standard Metropolitan Statistical Area, and as established by regulation of the State of California pursuant to Health and Safety Code Section 50093. 2.2 "Buyer-Elected Options and Upgrades" means options and upgrades included in a Unit that are not included within the plans and specifications for standard production Units and that are paid for in cash by the buyer. 2.3 "Buyer-Qualified Interest Rate" means the interest rate a buyer qualifies for and obtains under a loan, the proceeds of which are used to purchase the Moderate Income Unit. 2.4 "City Notice of Approval" means the letter from the City identifying the applicant as an eligible affordable buyer. Affordable RegUlatory Housing Agreement 2 13-53 2.5 "Gross Income" shall mean the anticipated income of a person or family for the 12-month period following the date of determination of income as defined in Title 25 of the California Code of Regulations Section 6914. 2.6 "Market Rate Price(s)" shall be as described in Section 3.2 below. 2.7 "Moderate Income Affordable Sales Price" shall be determined pursuant to Section 3.3.3 below. 2.8 "Moderate Income Buyers" means individuals or families with a gross income which does not exceed one hundred twenty percent (120 %) of the current Area Median Income, as adjusted for household size as set forth in ~50093 of the Health and Safety Code. 2.9 "Moderate Income Unit" means any of the forty-one (41) Units which shall be sold by Developer to and occupied by a Moderate Income Buyer. 2.10 "Monthly Housing Cost" means the sum of monthly payments for all of the following with respect to a Moderate Income Unit: 2.10.1 Principal and interest, amortized over thirty (30) years, at the then current fixed interest rate, payable under the First Trust Deed Loan (as defined below), which is then available to acquire an Moderate Income Unit; 2.10.2 Any special tax district assessments, Mello-Roos special taxes, prorated monthly, which apply to the Moderate Income Unit; 2.10.3 The monthly homeowners association regular assessments which apply to the Moderate Income Unit; and 2.10.4 A reasonable allowance for real estate taxes and insurance not included in the above costs, prorated monthly. 2.10.5 A modest Utility allowance as determined by the Housing Authority for the unit size. Utility allowance does not include telephone or cable service. 2.11 Mortgage Amount" shall be as described in Sections 3.3.1, 3.3.2, whichever is applicable. 2.12 "Silent Second Note" shall refer to the promissory note made by a Moderate Income Buyer in favor of the City which is equal to the difference between the Market Rate Price and the Moderate Income Affordable Price of a Moderate Income Unit. The form of the Silent Second Note shall be as set forth on Exhibit "B" attached hereto. 2.13 "Silent Second Trust Deed" shall refer to a deed of trust which secures a Silent Second Note. The form of the Silent Second Trust Deed shall be as set forth on Exhibit "C" attached hereto. 2.14 "Term" shall be described in 4 below. 3. - Marketinll of Moderate Income Units 3.1 Moderate Income Units. Of the One-Hundred Twenty-Four (124) Units in the Project, Developer shall sell Forty-One (41) Units only to Moderate Income Buyers) The Forty-One Affordable Regulatory Housing Agreement 3 13-54 (41) Moderate Income Units shall consist of20 One (1) and 21 Two (2) bedroom Units. The sales price of each such Moderate Income Unit shall be the Market Rate Price, with the Silent Second Note being in original principal amount equal to the difference between the Market Rate Price and the Maximum Sales Price for a Moderate Income Unit. The Silent Second Note shall be secured by the Silent Second Trust Deed encumbering the Moderate Income Unit which is sold to a Moderate Income Buyer. The Silent Second Trust Deed shall be subordinate in priority to the institutional trust deed loan ("First Tnust Deed Loan") which the Moderate Income Buyer obtains to purchase the property. 3.2 Market Rate Price. The Market Rate Prices for the Moderate Income Units shall initially be the amounts set forth in the attached Schedule "1", Developer may request that the City recalculate the Market Rate Prices twice in any given calendar year pursuant to the procedures set forth in this Section, Developer shall seek the City's written approval, which approval shall not be unreasonably withheld, prior to modifying the Market Rate Prices. Developer may submit to the City Developer's proposed revisions, if any, to the Market Rate Prices for the Moderate Income Units. Within ten (10) business days after such submission, the City shall approve or disapprove such proposed revisions. If the City disapproves and objects to Developer's proposed revisions within such ten (10)-day period, Developer may re-submit further revisions to the Market Rate Prices to address the City's grounds for objection, and the City shall thereafter have ten (10) business days to approve or disapprove Developer's proposed revisions, If, however, the City fails to approve or disapprove Developer's proposed revisions within the initial ten (10)-business day period (or the subsequent ten (1 OJ-business day period iri case of re-submlssion), Developer's proposed revisions shall be deemed approved. 3.3 Calculation of Maximum Moderate Income Affordable Sales Price. 3.3.1 The Maximum Sales Price of a Restricted Unit (the "Maximum Sales Price") means the maximum sales price applicable to the unit size in question, as set forth in regulations promulgated pursuant to California Health and Safety Code section 50025.5(e) to determine the sales price that will make housing available to moderate-income households at an "affordable housing cost," as defined in California Health and Safety Code section 50025.5(b)(4). One (1) Bedroom Two (2) Bedroom $197,956 $227,226 Developer may request that the City recalculate the Maximum Sales Price twice in any given calendar year. Pursuant to the procedures set forth in this Section, developer shall seek the City's written approval, which approval shall not be unreasonably withheld, prior to modifying the Maximum Moderate Income Affordable Sales Prices. Developer may submit to the City Developer's proposed revisions, if any, to the Maximum Moderate Income Affordable Sales Prices for the Moderate Income Units. Within ten (10) Affordable Regulatory Housing Agreement 4 13-55 business days after such submission, the City shall approve or disapprove such proposed revisions. If the City disapproves and objects to Developer's proposed revisions within such ten (10)-day period, Developer may re-submit further revisions to the Maximum Moderate Income Affordable Sales Prices to address the City's grounds for objection, and the City shall thereafter have ten (10) business days to approve or disapprove Developer's proposed revisions. If, however, the City fails to approve or disapprove Developer's proposed revisions within the initial ten (10)-business day period (or the subsequent ten (10)-business day period in case of re-submission), Developer's proposed revisions shall be deemed approved. 3.4 Unit Sizes and Appropriate Household Sizes. The following are the household sizes appropriate to a Moderate Income Unit, for calculation of Mortgage Amount based State law: Calculation of the Moderate Income Affordable Sales Price shall be based upon the assumed household size specified for the Moderate Income Unit size as set forth in the foregoing table notwithstanding the actual size of the household that purchases the Moderate Income Unit. 3.5 Proof of Qualification. Developer will obtain from each person(s) to whom Developer sells a Moderate Income Unit a "Supplemental Buyer Application" (the "Application") in the form of Exhibit "D" attached hereto (or such other form as the City may from time to time adopt and of which the City will notify Developer in writing). Developer will be entitled to rely on the Application and the supporting documents thereto in determining the eligibility of such person(s) to buy such Moderate Income Unit. Developer will retain the Application and supporting documents for a period of at least seven (7) years after the buyer thereof closes escrow for the purchase of the Moderate Income Unit. 3.6 Records. Audits. Developer will submit to the City monthly copies of all Applications, available settlement or closing statements with respect to each Moderate Income Unit that has closed escrow, and documents submitted containing information with respect to each Moderate Income Unit including (i) the monthly amortized Mortgage Amount, (ii) the number of occupants for which the Moderate Income Unit is sold, (iii) the income of such occupant(s), (iv) the Market Rate Price of the Moderate Income Unit and (v) the Moderate Income Affordable Sales Price of the Moderate Income Unit or the Moderate Income Affordable Sales Price of the Moderate Income Unit, whichever is applicable. Such submission shall be in the form of Exhibit "D" attached hereto (or such other form as the City may from time to time adopt and of which the City notifies Developer in writing). If the City reasonably believes that violations of the sales price, occupancy and/or income requirements of this Agreement have occurred, and that an audit is necessary to verify submitted Applications and documentation, it will so notify Developer in writing thereof. Within ten (10) days after delivery of said notice, Developer will deliver to the City the names of three certified public accountants doing business in the metropolitan San Diego area. The City will promptly deliver to Developer the former's approval of one or more of said names. The audit will be completed by an approved certified public accountant, at Developer's cost, within 60 days after the delivery to Developer of the City's said approval. Affordable Regulatory Housing Agreement 5 13-56 The certified public accountant will promptly deliver a copy of the written audit to the City. Developer shall regularly evaluate its compliance with the sales price, occupancy and income requirements of this Agreement and exercise good faith efforts to avoid any violations thereof. 3.7 Citv Aooroval of Marketinq Plan: Selection of Moderate Income Buvers. The following requirements shall apply with respect to Developer's marketing of the Moderate Income Units 3.7.1 Marketinq Plan. Developer shall prepare a marketing plan in compliance with Federal and State Fair Housing Laws. Such marketing plan shall include a plan for publicizing the availability of the Moderate Income Units within the City, such as notices in any local newspapers. The marketing plan shall require Developer to obtain from the City the names of Moderate income households who have been displaced by the City Redevelopment Agency redevelopment projects, and to notify persons on such list of the availability of Moderate Income Units in the Project prior to undertaking other forms of marketing. The marketing plan shall provide that the persons on such list of displaced persons be given not fewer than fifteen (15) days after receipt of such notice to respond by completing application forms for purchase of Moderate Income Units, as applicable. 3.7.2 Income Requirements. All buyers of each Moderate Income Unit shall meet the income requirements set forth in this Agreement. Selection of Moderate Income Buyers shall be made based upon the Buyer Selection Criteria as established within the following levels of priority. A point system has been established so that applicants with a higher number of points will receive preference for Moderate Income Units. 5 Points Households which are displaced from their primary residence as a result of any of the following: (i) expiration of affordable housing covenants applicable to such residence; (ii) an action of the City or the City Redevelopment Agency; (iii) closure of a mobile home or trailer park community in which the household's residence was located; or (iv) a condominium conversion involving the household's residence. One member in the household must have resided in such housing as the primary place of residence for at least one year prior to such action or event. 4 Points Households with at least one member who has worked within the City, as that person's principal place of full-time employment, for at least one year prior to the date of application for such housing. 3 Points Households with at least one member who is a Public Safety employee (fire and pOlice) or Credentialed Teacher. The individual must be working in such position as his/her full- time profession at the time of application. 2 Points Households currently residing within the boundaries of the Citv of Chula Vista at the time of aoolication. Affordable Regulatory Housing Agreement 6 13-57 City of Chula Vista, at the time of application. 1 Point All other applicants who do not meet any of the above criteria. In the situation where there are applicants with an equal number of points but not enough Moderate Income Units are available, a lottery will be held at a place and time to be announced by the City and Developer. 3.7. City's Evaluation of Qualification of Moderate Income Buvers: Authority of City To Receive Loan Applications. Developer shall reasonably assist the City in obtaining from each Moderate Income Buyer (or prospective Moderate Income Buyer) a form signed by the Moderate Income Buyer authorizing the release to the City of the prospective buyer's 1003 (Mortgage Loan Application), Good Faith Estimate and Underwriting Transmittal Summary (1008) or similar form from the applicable lender. Developer shall request that each such lender forward to the City the loan documentation for any loan to a Moderate Income Buyer. The City will evaluate these forms and communicate its evaluation to Developer. After the City's review and verification that a prospective buyer is qualified as a Moderate Income or Moderate Income Buyer, the City will send a City Notice of Approval to the lender and Developer confirming the prospective buyer's eligibility. 3.8. Qualification Criteria. The City will utilize the following criteria in evaluating an application by a Moderate Income Buyer (or prospective Moderate Income Buyer): 3.8.1. Neither the Affordable Buyer nor such Affordable Buyer's spouse has owned a home during the three (3) - year period immediately preceding the purchase of the Moderate Income Unit. 3.8.2. 3.8.3. The Affordable Buyer's liquid assets after down payment, Affordable Buyer's closing costs and Affordable Buyer's cash payments for Buyer-Elected Options and Upgrades must not exceed $25,000.00. 3.8.4. Non-occupant co-borrowers are not allowed. 3.8.5. The maximum Monthly Housing Costs must not exceed 36% of monthly income for FHA insured loans and 40% of monthly income for all other loans. 3.8.6. The maximum debt-to-income ratios must not exceed 41 % for FHA insured loans and 45% for all other loans. 3.8.7. No refinancing for cash-out or debt consolidation purposes will be allowed (but rate and term refinancing is permitted). 3.9. Occupancy Criteria. Beginning with the initial sale of a Moderate Income Unit and continuing with each sale thereafter, the Purchaser of a Moderate Income Unit will meet the following criteria ("Occupancy Criteria"): The Purchaser will occupy Moderate Income Unit as hislher only residence. The Purchaser will be considered as occupying the Moderate Income Unit as the Purchaser's only place of residence if the Purchaser is living in the Affordable Regulatory Housing Agreement 7 13-58 Moderate Income Unit for at least 1 O-months out of each calendar year. Notwithstanding the foregoing: 3.9.1 If the Purchaser is deceased, then the Purchaser's heir may take title to the Moderate Income Unit, provided such heir qualifies as an Eligible Moderate Income Unit, all such heirs must qualify as an Eligible Household. If the Purchaser's heir(s) do not qualify as an Eligible Household, the heir(s) must sell the Restricted Unit to an Eligible Household for a total consideration that does not exceed the then Maximum Sales Price. 3.9.2 If the Purchaser's failure to occupy the Moderate Income Unit is the result of a medical necessity, then the Purchaser will be given a grace period. At the end of such grace period, the Purchaser will be required to either occupy the Moderate Income Unit or to sell such Moderate Income Unit to an Eligible Household for a total consideration that does not exceed the Maximum Sales Price. 3.10 Infonmation Packet. Developer shall provide an informational packet to each Moderate Income Buyer and Moderate Income Buyer, summarizing the requirements of the City's affordable for sale housing program provided for in this Agreement. The City shall, at Developer's request, reasonably assist Developer with the preparation or review of the informational packet. 4. Term 4.1. Term of Aareement. The agreement shall commence on the date of this Agreement. The Term ends after all obligations under this agreement have been met and verified by the City. Upon verification from the City that all obligations have been satisfied, the City shall record a termination of this Agreement in the Office of the County Recorder of San Diego County, California. 4.2. Recorded Affordabilitv Clause. At the time of the initial sale to an eligible household of a Moderate Income Unit, each Moderate Income Unit shall be subject to the affordability Restrictions for a period of thirty (30) years, as described in their Deed of Trust. Each Purchaser of a Moderate Income Unit must sign a Deed of Trust which contains covenants about affordability, resale and payment to the City. 4.3. Transfer of Restricted Units. Neither Owner nor the Purchaser(s) of a Restricted Unit can sell or transfer any Restricted Unit without the approval of the City, and the City's verification that the requirements of this Agreement (or, if the Owner has sold such Restricted Unit to Purchaser, the Individual Declaration applicable to such Restricted Unit) have been satisfied, including without limitation the City's verification that a purchaser or transferee is an Eligible Household at the time of purchase and that the Actual Sales Price does not exceed the Maximum Sales Price. 5. - Subordination Upon request, the City shall subordinate this Agreement to any first deed of trust which Developer obtains for construction of the Project and the First Trust Deed Loans obtained by buyers to purchase their Moderate Income Units. However, any subordination agreement entered into by the City shall contain written commitments which the City finds are reasonably designed to protect the Affordable Regulatory Housing Agreement 8 13-59 City's interests in the event of default, such as any of the following: (a) a right of the City to cure a default on the loan prior to foreclosure, (b) a right of the City to negotiate with the lender after notice of default from the lender and prior to foreclosure, (c) an agreement that if prior to foreclosure of the loan, the City takes title to the property and cures the default on the loan, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the City, and (d) a right of the City to acquire through foreclosure under the Silent Second Trust Deed the Moderate Income Unit from the buyer at any time after a material default on the loan. 6. - Additional Provisions Rellardinll The Real ProDertv 6.1. Condition of the Real ProDertv. The following provisions shall apply only during the period of time that Developer is developing and marketing the Project. 6.1.1. Developer shall prevent the release, by Developer or its contractors, into the environment of any Hazardous Materials which may be located in, on or under the Real Property. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. 6.1.2. Developer shall indemnify, defend and hold the City, its elected officials, officers, agents, employees, representatives, and successors harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, reasonable attorneys'fees), resulting from, arising out of, or based upon Developer's or its contractor's (i) release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, orthe transportation of any such Hazardous Materials to or from, the Real Property, no matter when such claim, action, suit or proceeding is first asserted or begun and no matter how the Hazardous Materials came to be released, used, generated, discharged, stored or disposed of on, under, in or about, to or from the Real Property, or by whom or how they are discovered, or (Ii) violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Real Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing, cost or expense arising from or out of any claim, action, suit or proceeding, including injunctive, mandamus, equity or action at law, for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. Developer obligations under this indemnity shall survive the termination of this Agreement. 6.1.3. For purposes of this Agreement, "Hazardous Materials" means any substance, material, or waste which is or becomes regulated by any local governmental authority, San Diego County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25130 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division Affordable Regulatory Housing Agreement 9 13-60 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act) , (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (Iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Re9ulations, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq. 6.1.4. For purposes of this Agreement, "Governmental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State, the County of San Diego, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision or instrumentality exercising jurisdiction over the City, Developer or the Real Property. 6.2 Taxes. Assessments. Encumbrances. and Liens. Developer shall pay prior to delinquency all real estate taxes and assessments properly assessed and levied on portions of the Real Property which are owned by Developer. Nothing in this Agreement shall be deemed to prohibit Developer from contesting the validity or amounts of any tax, assessment, encumbrance, or lien, nor to limit the remedies available to Developer in respect thereto. 6.3 Hold Harmless. Developer agrees to indemnify, protect, defend and hold harmless the City, its elected officials, officers, agents, employees, representatives and successors, from and against any and all claims, damages, actions, costs, demands, expenses or liability, including without limitation, reasonable attorneys' fees and court costs, which may arise from the direct or indirect actions or inactions of Developer or those of its contractors, subcontractors, agents, employees or other persons acting on Developers' behalf which relate to the approval of the project, the approval of this agreement and associated documents, and the Developer's construction and marketing activities of the Real Property or Project. This hold harmless agreement applies, without limitation, to all damages and claims for damages suffered or alleged to have been suffered by reasons of the operations referred to in this section regardless of whether or not the City prepared, supplied or approved plans or specifications, or both, for the Real Property or Project. This indemnity by Developer, and all other indemnities set forth herein shall survive any foreclosure of the Real Property by the City pursuant to the terms of the Silent Second Trust Deed and the Term or earlier termination of this Agreement. 6.4 Obliaation to Refrain from Discrimination. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the enjoyment of the Real Property. Developer shall further comply with all the requirements of the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines (collectively, "ADA"). Affordable RegUlatory Housing Agreement 10 1 3- 61 6.5 Form of Nondiscrimination and Nonseoreoation Clauses. Developer shall refrain from restricting the sale of any portion of the Real Property, or contracts relating to the Real Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person and shall comply with all the requirements for the ADA. All such deeds, leases or contracts, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 6.5.1 In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed and further covenants that all such individuals and entities shall comply with all requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines. The foregoing covenants shall run with the land." 6.5.2 In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein lease and the lease shall be carried out in compliance with all requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines.'" 6.5.3 In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of land and all such activities shall be conducted in compliance with all the requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines." 7. - Escrow Documentation The City shall provide Developer with any revision it reasonably deems appropriate to the form Silent Affordable Regulatory Housing Agreement 11 13-62 Second Note or the Silent Second Trust Deed for the use in escrow for the sale of each Moderate Income Unit. The Silent Second Trust Deed shall be recorded with the County Recorder of San Diego County at close of escrow for the sale by Developer of each Moderate Income Unit, and each Silent Second Trust Deed shall legally describe the particular Moderate Income Unit it covers, using the same legal description as is used in Developer's deed to its buyer. Each Silent Second Trust Deed shall be consistent with and implement the terms of this Agreement. 8. - Breach 8.1. Breach bv Citv. If the City breaches any of its covenants contained in this Agreement, Developer will have available to it all legal and equitable remedies afforded by the laws of the State of Califomia. 8.2. Breach bv Develooer of Sale Price Limit Requirements. If, with respect to any Moderate Income Unit, Developer breaches this Agreement by charging higher sales prices than that herein permitted, Developer will, immediately upon the City's demand, (i) reduce the sales price to that permitted herein and (ii) refund to any buyers who theretofore paid such higher sales price the amount of the excess, together with interest hereon at the rate of ten percent (10%) per annum or the maximum legal rate, whichever is less, computed from the date(s) of payment of the excess by said buyers to the date of said refund. The provisions of this Section constitute a third-party beneficiary contract in favor of such buyers. Further, the City is hereby granted the power (but not the duty) to act as attorney-in-fact of such buyers in enforcing this section. 8.3. Breach bv Develooer of Sales Requirements. If, with respect to any Moderate Income Unit, Developer breaches this Agreement by selling to buyers who are not qualified by the City pursuant to Section 3.8, Developer will, immediately upon the City's written demand, and at Developer's sole cost, use its reasonable best and lawful efforts to terminate such sale or otherwise substitute an Unrestricted Unit in such sale. 8.4. Breach bv Develooer of other Requirements. If Developer breaches any of its covenants contained in this Agreement, the City shall have available to it all legal and equitable remedies afforded by the laws of the State of California. 8.5. Remedies Not Exclusive. The remedies set forth in this section are not exclusive, but are in addition to all legal or equitable remedies otherwise available to the City and Developer. 9. - Conflicts of Law 9.1 Conflict of Citv and State or Federal Laws. In the event that state or federal laws or regulations enacted after this Agreement has been entered into prevent or preclude compliance with one or more provisions of this Agreement the parties will: 9.1.1.1 Notice and Cooies: Provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy and statement of conflict with the provisions of this Agreement. 9.1.1.2 Modification Conferences: The parties will, within 30 days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Affordable Regulatory Housing Agreement 12 13-63 9.1.1.3 City Council Hearinas. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon this Agreement, the matter will be scheduled for consideration by the governing board of the City Council. The City Council, at such meeting, will determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Developer, at the meeting, will have the right to offer oral and written testimony. Any modification or suspension will be taken by the affirmative vote of not less than a majority of the authorized voting members of the governing board of the City Council. 9.1.1.4 Coooeration in Securina Permits. The City shall cooperate with Developer in the securing of any permits which may be required as a result of such modifications or suspensions. 10. - General Provisions 10.1 Severabilitv. The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement will be effective and will remain in full force and effect unless amended or modified by mutual written consent of the parties. 10.2 Entire Aareement. Waivers and Amendments. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived, cancelled or discharged except by an instrument in writing executed by the both parties 10.3 Caoacities of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 10.4 Governina LawNenue. 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. 10.5 Assianment. Subject to the City's prior review and approval, which review and approval shall not be unreasonably withheld, the rights and obligations of Developer under this Agreement may be transferred or assigned and Developer may be released from such obligations upon such transfer or assignment, provided such transfer or assignment is made as a part of the conveyance of the fee of all or a portion of the Real Property. Any such transfer or assignment will be subject to the provisions of this Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform all of the duties and obligations of Developer contained in this Agreement as such duties and obligations pertain to the portion of the Real Property so conveyed. Except as permitted below, transfers of any interest in the Developer entity shall constitute a prohibited transfer hereunder. Affordable Regulatory Housing Agreement 13 13-64 (i) Notwithstanding any other provisions of this Agreement to the contrary, City approval of an assignment of this Agreement or any interest herein shall not be required in connection with any of the following: (a) Any transfers among the principals of the Developer entities so long as the existing principals thereof shall be and remain in management control of the Developer entity with at least a fifty-one percent (51 %) ownership or beneficial interest in the DEVELOPER entity. (b) The granting of temporary or permanent easements or permits to governmental or quasi-governmental agencies to facilitate the development of the Property, or any component thereof. (i) City consent will be granted if: (a) the proposed assigneeltransferee expressly assumes, in writing, Developer's obligations hereunder as to times following the effective date of the assignment or transfer; (b) the proposed assignee/transferee has demonstrated to the reasonable satisfaction of City that such person or entity has adequate financial capacity to fulfill all obligations of this Agreement. 10.6 Enforcement. Unless amended or cancelled as provided in Section 10.2, this Agreement is enforceable by any party to it despite a change in the applicable general or specific plans, zoning, subdivision or building regulations adopted by the City which alter or amend the rules, regulations or policies governing permitted uses of the land, density and design. 10.7 Bindino Effect of Aoreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the parties' successors or assignees in interest. 10.8 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands or requests to be sent to any party shall be deemed to have been properly given or served if (i) personally served, or (ii) deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. City of Chula Vista DeveloDer Attn: Community Development Director Community Development Department WGA Orange Avenue, LP 276 Fourth Avenue 9252 Chesapeake Dr. Chula Vista, CA 91910 San Diego, CA 92123 With a CODV to: With a CODV to: Attn: City Attorney A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and requests shall be addressed and transmitted to the new address. Affordable Regulatory Housing Agreement 14 13-65 Signature Page to Follow Affordable Regulatory Housing Agreement 15 13-66 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year first written above. "CITY" CITY OF CHULA VISTA, a municipal corporation of the State of California By: David R. Garcia, City Manager ATTEST: Susan Bigelow, City Clerk APPROVED AS TO FORM: Ann Moore, City Attorney "DEVELOPER" WGA ORANGE AVENUE, a California limited partnership By: ~~m'. ~ Its: V('e.~ dP"lf Date: "'1-Cl- ('"'), By: Name: Its: Date: Affordable Regulatory Housing Agreement 16 13-67 EXHIBIT A LEGAL PROPERTY DESCRIPTION All that certain real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: Parcel 1 of Parcel Map No. 15164, in the City of Chula Vista, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego County, on February 29, 1988 as File No. 88-090173 of Official Records. EXHIBIT A 065550-0009 251465.3 doc 13-68 EXHIBIT B FORM OF SILENT SECOND NOTE EXHIBIT B 06~S50-0009 251465.3 doc 13-69 NOTICE: THIS NOTE MAY REQUIRE PAYMENT OF PRINCIPAL AND INTEREST UPON THE SALE OR TRANSFER OF THE PROPERTY OR UPON A PREPAYMENT. PROMISSORY NOTE SECURED BY DEED OF TRUST $ Amount 2006 Date [Insert Property Address] 1. Borrower's Promise to Pay. For value received, the undersigned, ("Borrower"), promises to pay to the City of Chula Vista ("City"), or order, the sum of ($) with interest accruing thereon as hereinafter provided, and payable as set forth below. It is understood that the City may transfer this Note. The lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. No Interest. This Note will bear no interest unless the Borrower defaults under the terms of this Note, the Deed of Trust securing it and/or the Covenants, Conditions and Restrictions affecting the Property. In the event of default, interest from the Date of this Note shall be calculated at: a) The rate equal to the interest rate of the senior trust deed or, in the event of no senior trust deed, b) The prevailing rate of the Prime Rate as published in the Wall Street Journal, on the date of default. 3. Payments and Term. The term of this Note extends for 30 years from the date of the Deed of Trust or until the Borrower sells, rents, refinances, transfers or changes the title of the property designated on the accompanying Deed of Trust, whichever occurs earlier. A transfer constitutes sold, or otherwise conveyed voluntary or involuntary, by operation of law or otherwise. No delay or omission on the part of the City shall operate as a waiver of such right of repayment or of any other right of this Note. The principal amount of this Note, together with the City's proportionate share of any appreciation as further defined, shall be due and payable on or before the date provided by the City in the Notice of Acceleration, which shall not be less than thirty (30) days, if all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed, or transferred or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred and Borrower is not a natural person) (herein called "Transfer) without the prior written consent of the City, as further defined in Section 6 below. The City shall not exercise this right of acceleration if prohibited by federal law as of the date of the Deed of Trust or if the City has executed a separate written waiver of this option. All payments made under this Note shall be paid in Page 1 of5 13-70 Initials lawful money of the United States to the City of Chula Vista at 276 Fourth Avenue, Chula Vista, CA 91910, Attention: Community Development Department, Housing Division. 4. Market Value Appreciation. In addition to the principal amount of this Note, City shall recapture its proportionate share of any appreciation. iThe City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. Borrower shall retain value of any improvements, down payment and proportionate share of any appreciation. "Improvements" shall be defined as any permanent improvement (I.e. fixed improvement that will remain with the property such as installation of hardwood floors) approved by the City in writing. The principal amount of the Note and proportionate share of any appreciation are immediately due and payable upon Transfer. A sample calculation is illustrated below: Initial Fair Market Sales Price $ Moderate Income Affordable Price $ City Share (Fair Market Price-Moderate Income Price) $ Percentaee Value of Citv Share 400,000 (280,000) 120,000 33.0% Re-Sale Price Assumed Initial 80rrower Downpayment and Improvement Costs $450,000 $16,000 Re-Sale Price-Initial Fair Market Price Appreciation $50,000 $34,000 TOTAL DUE TO CITY TOTAL DUE TO HOMEOWNER $ $ 131,220 318 780 5. Market Value Depreciation. If upon resale, the market value is lower than the initial sales price, then the Note amount shall be reduced by subtracting the current market value from the initial sales price. The resulting sum will then be subtracted from the Note amount. 6. Transfer. A transfer constitutes sold, or otherwise conveyed, voluntary or involuntary, by operation of law or otherwise. The following shall not constitute a Transfer, but require the prior written consent of the City: (a) A transfer of the Property from a deceased Borrower to the surviving spouse of the Borrower if the surviving spouse is also named as a Borrower; (b) A transfer of the Property by a Borrower to h is/her spouse pursuant to which the spouse becomes a co-owner of the Property; (c) A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property; Page 2 of 5 13-71 Initials (d) A transfer of the Property to a Borrower to an inter-vivos trust in which the Borrower is the sole beneficiary; A transfer by means of encumbering the Property with a lien that is a junior lien to the lien securing the loan to Borrower evidenced by the Deed of Trust. (e) A conveyance by sale or otherwise, to a party which the City of Chula Vista City Manager, or his designee, determines meets all the requirements to be deemed a "Low Income Buyer" as defined in the "Affordable Housing Regulatory Agreement" filed for record with the County recorder of the San Diego County on , 2006 as Document No. 2006- 7. Prepayment. Borrower has the right to prepay the principal without incurring any penalty, apart from any interest that may be due under default provisions above. In the event that Borrower chooses to prepay the Note, Borrower must notify Note Holder in writing. If the property is not for sale or in escrow at the time of such notification, no equity share will be due. Only the full amount of the principal will be due to the City. If the property is for sale or in escrow at the time of notification, the Note will be part of the escrow and Borrower will incur appropriate equity share as an obligation. 8. Default Under Deed of Trust. Notwithstanding any other provisions of the Note, if default occurs in any of the covenants or agreements contained in the Deed of Trust securing this Note, this Note shall immediately become due and payable in full at the option of the City. In the event the City exercises such option, the amounts due and payable shall be the principal balance remaining on the Note and other amounts owing, together with accrued but unpaid interest as described above. 9. Attorneys' Fees. Should suit be commenced to collect on this Note, or any portion thereof, such sum as the court may deem reasonable shall be added hereto as attorneys' fees. 10. Time. Time is of the essence herein. 11. Amendments. This Note may not be modified or amended except by an instrument in writing expressing such intention and signed by an authorized representative of the City and Borrower. 12.Severability. If any term or provIsion hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity and binding effect of the remainder of this Note upon the parties. 13.Borrower's Waivers. Borrower waives any rights to require the City to perform certain acts. Those acts are: (a) To demand payment of amounts due (known as "presentment"). (b) To give notice that amounts due have not been paid (known as "notice of dishonor"). Page 3 015 13-72 Initials (c) To obtain an official certification of non-payment (known as "protest"). 14. GivinJ: of Notices. Any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it first class mail or by certified mail, return receipt requested, addressed to Borrower at the address set forth above. A notice that must be given to the City under this Note will be given by mailing it certified mail, return receipt request, to the City at the address stated in Section 3 above. Any party may change its address by a notice given to the other party in the manner set forth in this Section. 15. Joint and Several Responsibility. If more than one person executes this Note, each is fully and personally obligated to pay the full amount owed and to keep all promises in this Note. Page 4 of5 13-73 Initials Date: NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. Borrower's Name Borrower's Name Page 5 015 13-74 Initials EXHIBIT C FORM OF SILENT SECOND TRUST DEED EXHIBIT C 13-75 065550-0009 251465.3 doc WHEN RECORDED PLEASE MAil TO: C11Y OF CHULA VISTA Community Development Department Housing Division 276 Fourth Avenue Chula Vista, CA 91910 THI RE ER' DEED OF TRUST THIS DEED OF TRUST, is made this day of . 200_, among the Trustor(s), . a (herein "Borrower"), and the City of Chula Vista (herein "Beneficiary") a public body, corporate and politic, whose address is 276 Fourth Avenue, Chula Vista, CA 91910. BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the City of Chula Vista, County of San Diego, State of California [which has the address of property address here (herein "Property Address")]: SEE EXHIBIT "A" ATTACHED HERETO FOR lEGAL DESCRIPTION Said Deed of Trust is second and subsequent in lien to a First Deed of Trust recording concurrently herewith in favor of the first lien holder, xxx, a California Corporation in the amount of ~ and DOlt 00 Dollars; TOGETHER with all the improvements now and hereafter erected on the Property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to the Beneficiary to collect and apply such rents), all of which shall be deemed to be and remain part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property"; TO SECURE to the Beneficiary the repayment of the indebtedness evidenced by Borrower's promissory note, dated , 200_ and extensions and renewals thereof (herein "Note"), in the principal sum of xxx and 00/'0 Dollars ($xxx), if not sooner paid, is due and payable 30 years from the date of this Deed of Trust. If all or any part of the Property or any interest in the property is sold, rented, refinanced, conveyed or transferred, (each of which is called a "Transfer") without the prior written consent of Beneficiary the Note shall become due and payable immediately. Upon resale Borrower shall retain value of any improvements, down payment and proportionate share of any appreciation. City shall recapture its proportionate share of any appreciation, which is equal to the percentage by which the initial sales price of the moderate Pagelofl3 Initials 13-76 income unit was less than the fair market value of the home at the initial time of sale. This recapture provision shall be more fully explained in the related Promissory Note. Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Borrower's subject property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS Borrower and Beneficiary covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note. If payment of the indebtedness is required due to a Sale of the Property where the purchase price is equal to or less than the Acquisition Cost of the Property, assuming an open and competitive sale, then repayment shall be made in the following order and amount: (a) Outstanding principal and interest balance of the primary lender's loan; (b) Borrower's initial down-payment investment and normal cost of sale; (c) Borrower's value of any permanent improvements approved by the City; (d) Accrued simple interest on the principal amount of the Beneficiary's loan at the interest rate and the terms contained in the Promissory Note; (e) The principal amount of the Beneficiary's loan; and (f) Any remainder to borrower. 2. Market Value Appreciation/Depreciation. In addition to the principal amount of this Note, City shall recapture City's proportionate share of any appreciation. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. Borrower shall retain value of any improvements, down payment and proportionate share of any appreciation. "Improvements" shall be defined as any permanent improvement (i.e. fixed improvement that will remain with the property such as installation of hardwood floors) approved by the City in writing. The principal amount of the Note and proportionate share of any appreciation are immediately due and payable upon Transfer. If upon resale, the market value is lower than the initial market value, then the Note amount shall be reduced by subtracting the current market value from the initial sales price. The resulting sum will then be subtracted from the Note amount. Page 2 of 13 Initials 13-77 3. Funds for Taxes and Insurance. To protect the security of the Deed of Trust, Trustor agrees to pay, at least ten (10) days before delinquency, all taxes and assessments affecting said property: when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto: and all costs, fees and expenses of this Deed of Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary, without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes: appear in and defend any action or proceeding purporting to affect the security hereof or the rights powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto: and, in exercising any such powers, pay necessary expenses, employ counsel and pay hislher reasonable fees. 4. Application of Payments. Unless applicable law provides otherwise, all payments received by Beneficiary under section 1 and 2 shall be applied; first, to any prepayment charges due under the Note; second, to amounts payable under section 2: third, to interest due; fourth, to principal due: and last, to any late charges due under the Note. 5. Prior Mor1llalles and Deeds of Trust; Charlles; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 6. Hazard Insurance. Borrower shall keep the improvement(s) now existing or hereinafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Beneficiary may require and in such amounts and for such periods as Beneficiary may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Beneficiary; provided, .that such approval will not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Beneficiary and shall include a standard mortgage clause in favor of and in a form acceptable to Beneficiary. Beneficiary has the right to hold the pol icies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly by Borrower. If Property is abandoned by Borrower, or if Borrower fails to respond to Beneficiary within 30 days from the date notice is mailed by Beneficiary to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Beneficiary is authorized to collect and apply the insurance proceeds at Beneficiary's option either to "restoration or repair of the Property or to the sums secured by this Deed of Trust. Page 3 of 13 Initials 13-78 7. Preservation and Maintenance of Property, Condominium, Cooperatives, Planned Unit Developments. Borrower will keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall maintain property including the principle house, garage, and out buildings as well as lawn maintenance, and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants, conditions and restrictions, creating or governing the condominium, planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 8. Protection of Beneficiary Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, then Beneficiary, at Beneficiary's option, upon notice to Borrower, may make such appearances, disburse such sums including reasonable attorneys' fees, and take such action as is necessary to protect Beneficiary's interest. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Beneficiary's written agreement or applicable law. Any amounts disbursed by Beneficiary pursuant to this Paragraph, with interest thereon, at the original Note rate, will become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Beneficiary agree to other terms of payment, such amounts will be payable upon notice from Beneficiary to Borrower requesting payment thereof. Nothing contained in this Paragraph will require Beneficiary to incur any expense or take any action hereunder. 9. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspections of the Property, provided that Beneficiary will give the Borrower notice prior to any such inspection specifying reasonable cause therefor related to Beneficiary's interest in the Property . 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Beneficiary subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. 11. Borrower Not Released; Forbearance by Beneficiary Not a Waiver. Extension of the time for payment or modification of payment of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Beneficiary shall not be required to commence proceedings against such successor or to extend time for payment or otherwise modify payment of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 12. Successors and AssiKns Bound, Joint and Several liability; Co-siKners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective Page 4 of 13 Initials 13-79 successors and assigns of Beneficiary and Borrower, subject to the provisions of Paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note: (a) Is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) Is not personally liable on the Note or under this Deed of Trust, and (c) Agrees that the Beneficiary and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 13. Notice. Except for any notice required under applicable law to be given in another manner, any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail, addressed to Borrower at the Property address or such other address as Borrower may designate by notice to Beneficiary as provided herein, and (a) Any notice to Beneficiary will be given by certified mail, return receipt requested, to Beneficiary address stated herein or to such other address as Beneficiary may designate by notice to Borrower as provided herein. (b) Any Notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Beneficiary when given in the manner designated herein. 14. Governinlllaw, Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 15. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and this Deed of Trust at the time of execution or after recordation hereof. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed or transferred and Borrower is not a natural person), the loan shall become immediately due and payable, unless approved by the City in accordance with the provisions below. The following shall not constitute a Transfer: (a) A transfer of the Property from a deceased Borrower to the surviving spouse of Borrower if the surviving spouse is also named as a Borrower; Page S of 13 Initials 13-80 (b) A transfer of the Property by Borrower to his/her spouse pursuant to which the spouse becomes a co-owner of the Property; (c) A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property; (d) A transfer of the Property by Borrower to an inter-vivos trust in which Borrower is the sole beneficiary and which is done for estate planning purposes only and does not result in any change in possession of the Property; (e) A refinancing to which Beneficiary under this Deed of Trust is obligated to subordinate this Deed of Trust; and (f) A refinancing which does not result in cash excess paid to Borrower or which is used for debt consolidation, equity line of credit or similar purposes. (g) A conveyance by sale or otherwise, to a party which the City of Chula Vista City Manager, or his designee, determines meets all the requirements to be deemed a "Moderate Income Buyer" as defined in the "Affordable Housing Regulatory Agreement" filed for record with the County recorder of the San Diego County on , 2007 as Document No. 2007- Provided that Borrower is not in default under the terms of the Note or this Deed of Trust, no interest shall accrue under the Note. Nothing contained in this Paragraph or Section 8 of the Note shall be construed as a promise by Beneficiary to forgive or relinquish the right to seek repayment of the principal of the Note. NON-UNIFORM COVENANTS Borrower and Beneficiary further covenant and agree as follows: 17. Acceleration, Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, and those contained in paragraph 17 hereof, the Beneficiary, prior to acceleration, shall give notice to Borrower as provided in Paragraph 12 hereof specifying: (a) The breach; (b) The action required to cure such breach; Page 6 of 13 Initials 13-81 (c) A date, not less than 10 days from the date the notice is mai led to Borrower, by which such breach must be cured; and (d) That failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Properly . The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration of sale. If the breach is not cured on or before the date specified in the notice, Beneficiary, at Beneficiary's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided. in this Paragraph 17, including, but not limited to, reasonable attorneys' fees. If Beneficiary invokes power of sale, Beneficiary shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Beneficiary's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Beneficiary or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or Beneficiary's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) To all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) To all sums secured by this Deed of Trust; and c) The excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Ri~ht to Reinstate. Not withstanding Beneficiary's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Beneficiary all sums, which would be then due under this Deed of Trust, and the Note, had no acceleration occurred; Page7of13 Initials 13-82 (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in the Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided in Paragraph 1B hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. AssiKnment of Rents; Appointment of Receiver; Beneficiary in Possession. As additional security hereunder, Borrower hereby assigns to Beneficiary the rents of the Property, provided that Borrower shall, prior to any default by Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, have the right to collect and retain such rents as they become due and payable. . Upon any such default, the Beneficiary, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the property including those past due. All rents collected by Beneficiary or the receiver shall be appl ied first to payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Beneficiary and the receiver shall be liable to account only for those rents actually received. The entering upon and taking possession of said property and the collection of such rents and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Property an<;l will surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 21. Substitute Trustee. The Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Beneficiary and recorded in the office of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. PageBof13 Initials 13-83 22. Request for Notices. Borrower requests that copies of the Notice of Default and Notice of Sale be sent to Borrower's address, which is the Property Address. Beneficiary requests that copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Beneficiary's address, as set forth on Page One of this Deed of Trust as provided by Section 2924b of the Civil Code of California. 23. Fee for Requested Statements. The Beneficiary may charge a fee not to exceed Sixty Dollars ($60.00) for furnishing the statement of obligation as provided in Section 2943 of the Civil Code of California. 24. Deed of Trust Rider. The Deed of Trust Rider executed by Borrower is attached and made part of th is Deed of Trust. 25. Covenants, Conditions and Restrictions. The Property is subject to Covenants, Conditions and Restrictions ("Restrictions") between the Beneficiary and the Borrower, that are not attached hereto but are incorporated by reference. Borrower acknowledges receipt of said Restrictions and agrees for him/her self/ his/her heirs, successors and assigns to be bound by the same. 26. Warranties of Borrower. Borrower warrants to City that: (a) Borrower is a first-time homebuyer; that is, s/he has not owned a home, or had any ownership interest in a home within a three-year (3 year) period immediately preceding the date of this Deed of Trust, and (b) That Borrower's annual gross income does not exceed eighty percent (80%) of the median income for the San Diego metropolitan area, as adjusted for family size, as said median income is determined by the U.S. Department of Housing and Urban Development (HUD), on the latter of: 1. The date of initial application to the City; or 2. The date of the recordation of this Deed of Trust. (c) That for so long as Borrower owns the Property, Borrower will reside in the Property as Borrower's principal place of residence. Borrower agrees not to sublet, lease or rent out the Property during the term of this Deed of Trust. 27. Subordination. The Beneficiary and Borrower acknowledge and agree that this Deed of Trust is subject to and will subordinate in all respects to the liens, terms, covenants and conditions of the First Trust Deed and to all advances heretofore made or which may be hereafter be made pursuant to the First Trust Deed including all sums advanced for the purpose of: (a) Protecting or further securing the lien of the First Trust Deed, curing defaults by the Borrower under the First Trust Deed or for any other purpose expressly permitted by the First Trust Deed, and (b) Constructing, renovating, repairing, furnishing, fixturing or equipping the Property. Page 9 of 13 Initials 13-84 The terms and provisions of the First Trust Deed are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure of deed in lieu of foreclosure of the First Trust Deed, any provisions herein or any provision in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his/her successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Trust Deed shall receive title to the property free and clear from such restrictions. Further, if the Primary Lender acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Deed of Trust shall automatically terminate upon the Primary Lender's acquisition of title, provided that: (a) The Beneficiary has been given written notice of a default under the First Trust Deed, and (b) The Beneficiary shall not have cured the default under the First Trust Deed, or diligently pursued curing the default as determined by the Primary Lender, within the 60-day period provided in such notice sent to the Beneficiary. The Beneficiary and Borrower further acknowledge and agree that this Deed of Trust will only subordinate for a rate and term refinance of the First Trust Deed at the discretion of the Beneficiary and shall not be subject to subordination for a cash out refinance, equity line of credit or any other such form of refinance as deemed inappropriate by the Beneficiary. 28. Funds for Taxes and Insurance. The Beneficiary will waive collection of impounds for taxes and assessments (including condominium, planned unit development and planned residential development assessments, if any). Borrower will make all payments for impounds to First Trust Deed holder. 29. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] o Transfer Rider o 1-4 Family Rider o Other(s) [specify]: o Condominium Rider o PU D Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Page 10 of 13 Initials 13-85 ACKNOWLEDGMENT: State of California County of San Diego On before me, , Notary, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: DO NOT RECORD THIS PAGE Page" of 13 Initials 13-86 REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: DO NOT LOSE OR DESTROY THIS DEED OF TRUST OR THE NOTE WHICH IT SECURES. BOTH MUST BE DElIVERED TO THE TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. Page12ofl3 Initials 13-87 EXHIBIT NAN LEGAL DESCRIPTION Page 13 of 13 Initials 13-88 EXHIBIT D FORM OF SUPPLEMENTAL BUYER APPLICATION EXHmIT D 13-89 065550-0009 251465.3 doc SCHEDULE 1 LIST OF MARKET RATE PRICES SCHEDULE 1 065550-0009 251465.3 doc 13-90 caurorrua Laws: Uove=ent Code> ::iectlOn 65915-6591 g Page 1 of7 . ~ ::> Cafifornia Laws ,. Government Code,. Section 65915-65918 {Caution1 CALIFORNIA GOVERNMENT CODE . 65915. (a) When an applicant seeks a density bonus for a housing development within, or for the donation of land for hOUSing within, the jurisdiction of a dty, county, or dty and county; that local govemment shall provide the applicant incentives or concessions fortlie production of housing'units and child care.fadlities as prescribed in this section. All cities, counties, or dties and counties shall adopt an ordinance that spedfies how compLiance with this section wilt be implemen1;ed.' , (b) (1) A dty, county, or dty and county shall grant one density bonus, the amount of which shall be as spedfied in subdivision (g), and incentlves or concessions, as described in subdivision (d), whim an aPplicant for a housing development seeks and agrees to constrljct a housing development, excluding any units permitted by the density bonus awarded pursuant to this s,dion, that will contain at least anyone of the following:' (A) Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code; (B) FIVe percent of the total units" of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. . (C) A seniardtizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or ' md~ilehome park that limits residency based on age requirements for housing for older persons pUrouant to . Section 798.76 or 799.5 of the Ciyil Code. . (D) Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of- the Civil Code for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. . (2) For purposes of cal~ulating the amount of the density bonus pursuant to subdivision (f), the applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), or (D) of paragraph (1). (c) (1) "An applicant shall agree to, and the city, county, or dty and county shall ensure, continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus , for 30 years or a longer period of time if required by the construction or mortgage'finandng assistance proilram, mortgage insurance program, or rental sUb?idy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code. o.wner-occupied units shalt be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. . (2) An applicant shall agree to, and the dty, county, or dty and county shall ensure that, the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, are persons and families of moderate income, as defined in Section 50.093 of the Health and Safety Code, and that the units ar~ offered at an . affordable housing cost, as that cost is defined in Section 500.52.5 of the Health and safety Code. The'local government shall enforce an' equity-sharing agreement, unless it is in conflict 10th the requirements cif another public funding source or law. The following apply to the equity-sharing agreement: - (A) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the . . 13-91 ATTACHMENT 8 California Laws: Goveminent Code> Section 65915-6591 g Page 2 of7 seUer's proportionate share of appreciation. The local govemment shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three'years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. (8) For purposes of this subdivision, the, local government's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayjnent assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value: (C) For purposes of this subdivision, the local government's proportionate share' of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of,initial sale. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a dty, county, or city and county a proposal for the specific. incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with,the city, county, or city and county. The city, county, or city and county shall ' grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based'upon substantial evidence, of either of the following: (A} The concession or incentive is not required in order to provide for affordable hOUsing costs, as defined in Section 50051.5 of the Health and Safety Code, or for rents for the targeted units to be set as spedfied in ' subdMsion (c). ' , (8) The concession or incentive would have a specific adverse impact, as defined in par,lgraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the Califomia Register of Historical.Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to row- and moderate-income 'hous",holds. ' (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that indude at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate incQme in a common interest development. . (B) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a com,mon intere;t cjevelopment. (C) Three incentives or concessions for projects that include at least 30 percent" of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons <lnd f~milies of moderate income in'a common interest development~ (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested dimsity bonus, incentive, or concession is in violation of this section, the cour): shall award the plaintiff reasonable attomey's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local govemment to grant an incentive or concession that has a spedfic, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the spedfic adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impaCt on any real property that is listed in the Califomia Register of Historical Resources. The city, county, Dr city and county shall establish procedures for carrying out this section, that shal! include legislative body approval of the means of compliance with this section. The city, county, or city and county shall also,establish procedures for waiving or, modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited 1;0, such items as minimum lot size, side yard setbacks, and placement pf public works improvements. (e) In no case may a city, county, or city and county apply any deVelopment standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards and may request a meeting with the . city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attomey's fees and costs of suit. Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivisiDn (d) of Section 65589.5, upon health, safety, or the physical envir'inment, and fo~ which there is . 13":'92 California Laws: Gove=ent Code> Section 65915-65918 Page 3 of7 ; no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require a local govemment to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (f) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. (g) For the purposes of this chapter, "density bOnUS' meaflS a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the dty, county; or dty and county. The applicant 'may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units,exceeds the percentage established in subdivision (b). (1) For hOUsing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Bonus Units 102011 21.512231324.514261527.51730.518321933.52035 (2) For housing developments meeting the criteria of subparagraph (B), of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: percentage Very Low Percentage Density Bonus Income Units 5 20 6 22.5725827.59301032.51135 , (3) For housing developments meeting the criteria of subparagraph (C) of paragraph (i) of subdivision (b), the density bonus shall be 20 percent. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Moderate- Percentage Density Bonus Income Units 10 5 1161271381491510161117121813191420152116221723182419 25 20262127221823292430 25 31,26322733 28 34 29 35 30 36 31 373238 33 393440 35 (5) All density calculations resulting in fra~onal units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in subdivision (b), "total units' or "total dwelling units" does not indude units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. The density bonus provided by this s~on shall apply to housing developments consisting of five or more dwelling units. ' (h) (1) When an applicant for a tentative ~ubdivision map, parc;el map, or othe,r residential d~velopment approval donates land to a city, county, or dty and county as provided for in this subdivision, the applic'ant shat! be entitled to a ,15-percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and'land use element of the general plan for the entire development, as follows: Percentage Very Low Percentage Densfty Bonus Income 10 15 111(, 12 1713 18 141915201621 17 22 18 2319 24201521 2(, 22 27 23,282429253026 31 27322833 29 34 30 35 (2) This increase shall qe in addition 'to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge Dr diminish the authority of a city, county) or dty and county to require a dev.eloper to donate 'land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conqitions are met: (A) The applicant donates and tranSFers the land no later than the date of approval of the final subdivision L map, parcel map, or residential development application. (8) The developable acreage and zoning classification of the land being transferred are sufficient to permit' construction of units affordable to very low income households in an amount not less than 10, percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of suffident size to pel'T11it development of at least 40 , units, has the appropriate general plan designation, is appropriately zoned for deyelopment as affordable housing, and is or will be served by adequate public fadlities and infrastructure. The land shall have appropriate zoning and development standards to make the deve10pment of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for'the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 , , . . 13-93 Calif"{)rIDa Laws: Gove=ent Code> Section 65915-65918 Page 4 on if the design is not reviewed by the local government prior to the time of traJisfer. (D) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of dedication. (E) The land is transferred to the local agency or tb a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. ' (F) The transferred land shall be within the boundary of the proposed development or, if the local agency " agrees, within one-quarter mile of the boundary of the proposed development. (i) (1) When an applicant proposes to construct a housing development that conforms to the requirements of' subdivision (b) and includes a child care fadlity that will be located on the premises of, as part of, or adjacent to, the project, the dty, county, or dty and county shall grant either of the following: (A) An additional density bonus that is an amount of square feet'of residential space that is equal to or greater than the amount of square feet in the child care fadlity. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care fadljty. (2) The dty, county, or dty and county shall require, as a condition of approving the housing development, that the following occur: (A) The child care fadlity shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision ~). ' , ,(B) Of the children who attend the child care fadlitj, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dweWng units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subcfTYision, a dty, county, ,or a city anc! county shall not be required to provide a density bonus or concession for a child care fadlity if it finds, based upon substantial evidence, that the community has adequate child care facilities. (4) "Child care fadlity," as used in this section, means a child day care fadlity other than a family day care home, including, but. not limited to, infant centers, preschools, extended day care fadllties, and schoolage child c~re centers. . (j) "Housing development," as used in this section, means one or more groups of projects for residential units constructed in the planned development of a City, county, or dty and c;:ounty. For the purposes of this section, "housing development" also ihcludes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by a city, county, or dty and county anc;! ,onsists of residential units or unimproved residentia[lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabiUtation would be a net increase in available residential units.' For the purpose of calculating a density bonus, the r~sidential units do not have to be based upon individual' subdivision maps or p~rcels. The density bonus shall be permitted in geographic areas ofthe housing , development other than the areas where the units for the lower income households are located. (k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan. amendment, local coastal plan amendment, zoning change~ or other-discretionary approvaL This provision is declaratory of existing law. ' (l) For the purposes of this chapter, concession or incentive means any of the' following: , (1) A reduction in site development stand~rds or a modification of zoning code requiref1)e'nts or architectural design requirements that exceed the minimum building standards approved by the California Building Standards CommissioQ as provided in Part 2.5 (commendng with Section 18901) of Division 13 ofthe Health and Safety, " Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (2) Approval of mixed use zoning in conjunction with the housing project'if commerdal, office, industrial, or other land uses will reduce the cost of the housing development and if the commerdal, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located, . . 13-94 Cal:lIOIDla Laws: Uove=ent eDGe> ::ieCLlon tJ);JlJ-tJ);JlO .l:'age ) ot"j .' (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable, financially sufficient, and actual cost reductions. This subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by ~he city, county, or city and county, or the waiver of fees or dedication requirements. (m) Nothing in this section shall be construed to sypersede or in any way alter or lessen the effect or application of the California Cqastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code. . (n) Nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (0) For purposes of this section, the following definitions shall apply: (1) "Dev~lopment standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. (2) "Maximum allowable residential density" means the density allowed under the zoning ordinance, or jf a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. (p) (1) Upon the request of the developer, no city, county, or city and county shall require a.vehicular parking ratio, inclusive of handkapp.ed and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios: .(A) 2ero to one bedrooms: one onsite parking space. . (8) Two to three bedrooms: two onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through onstreet parking. (3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to subdivision (d). 65915.5. (a) When an applicant for approval to convert apartments to a condominium proje!=1: agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in' Section. 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in.5ection 50079.5 ofthe Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred bY a city, county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentiVes of equivalent financial value. A city, county, or city and county may place s.uch reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers Who are persons and families of low and moderate income or lower income households. (b) For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. (c) For purposes of this section, "other incentives of equivalent finandal value" shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply a, conditions of conversion approval. (d) An 'lPplicant for approval to convert apartments to a conqominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall, within 90 days of .teceipt of a written . proposal, notify the applicant if' writing of the manner in which 'it will comply with this section. The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this .section. (e) Nothing in this section shall be construed to require a city, county, or city and county to approve a propgsal to convert apartments to condominiums. (f) An applicant shall be ineligible for a density bonus or other incentives uncjer this section if the apartments . . 13-95 C~ 1ifomia Laws: Gove=ent Code> Section 65915-6591 g Page 60f7 proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section - . 65915. 65916. Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carry out this section. . 65917. In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In .the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undenmine the intent of this chapter. 65917.5. (a) As used in this section, the following terms.shall have the ~ollowing meanings: (1) "Child care facility" means a facility instal.led, operated, and maintained under this section for the nonresidential care of children as defined uncjer applicable state licensing requirements for the facility. (2) '"Density bonus' means a floor area ratio bonus over the otherwise maximum allowable density penmitted under the applicable zoning ordinance and land use elements of the general plan of a city, including a charter. city, city and county, or county of: (A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility for existing structures. '(8) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures. For purposes of calculating the density bonus under this section, both indoor and outdo,?r square footage requirements for the child "are facility as set forth in applicable state child care licensing requirements shal\ be included in the floor area of the child care facility. (3) '.Developer" means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of a city council, including a charter city council; city and county board of supervisors, or county board of supervisors to make application for development approvals for the development or redevelopment of a commercial or industrial project. (4) "Roar area" means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, inclUding a charter city council, city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the .exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements. (b) A city council, including a charter city council, city and county board of supervisors, or county board of . supervisors may establish a procedure by ordinance to grant a developer of a cO(TImercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care .facility. The granting of a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors, or. county board of supervisors from imposing necessary conditions on the project or on th.e additional square footage. Projects constructed under this section shall confonm to height, setback, lot coverage, architect~ral review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable to construction in the zone in which the property is located. A consortium with more than one developer may be pemnitted to achieve the threshold amoun~ for the available .density bonus with each developer's density bonus equal to the percentage participation of the developer. This facility may be located on the project site or may be located offsite as agreed upon by the.developer and local agency. If the child care facility is not located on the site of the project, the local agency shall determine whether the location ofthe child care facility is appropriate and whether it confonms with the intent of this section. The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children. [c) The developer may operate the child care facility itself or may contract with a licensed child care provider to operate the faCility. In all cases, the developer shall show ongoing coordination with a local child care resource and refenral network or local governmental child care coordinator in order to qualify for the density bonus. [d) If the developer uses space allocated for child care facility purposes, in accordance with subdivision [b), for any purposes other than for a child care facility, an assessment based on the sguare footage of the project . . . : 13-96 Calitornia Laws: Uove=ent Code> Section 65915-65918 Page 7 00 may be levied and collected by the city coun01, including a charter"city council, dty and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the spac~. If th~ d~veloper fails to have the space allocated for the child care facility within thr~e years, from the date upon which the first temporary certificate of occupancy is granted, an ass~ssment based on the square footage of th~ project may be levied and coll~ct~d by the city council, including a ch'lrter city council, dty and county board of supervisors, qr county board of supervisors in accordance with procedures to be developed by the legislative body of the dty coundl, including a charter city coundl, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. Any penalty"" levied against a consortium of developers sh,!ll be charged to each developer in an amount equal to the developer's percentage square feet participation. Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter dty coundl, dty and county board of supervisors, or county board of supervisors into a spedal account to be used for childcare services 'or child care fadlities. (e) Once the child care fadlity has been established, prior to the dosure, change in use, or reduction in the physical size of, the facility, the dty, dty caundl, induding a charter dty coundl, city and county board of supervisors, or county board of supervisors shall iJe required to make a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the fadlity was established. (f) The requirements of Chapter 5 (commendng with Section 66000) and of the amendments made to Sections " 53077, 54997, and 54998, by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken ih accordance with this section. . (g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative. 65918. The provisions of this chapter shall apply to charter dties. lmnortant Caution" ArOundTheCapitoLcom mirrors the infannation on.Califami?l,laws available on the state's public computer server. Laws change frequently) and thus what you see 011 the computer screen should not be reLied upon as legal advice. To be ~rtain. check in with a lawyer. AroundTheCapitol com is not liable for any rrnsinformation that users obtain from using this site. . . 13-97 . 12/25/2005 12: 25 .18582441145 MAJESTIC CO PAGE 04 ~\~ -.- ..... J Cl1Y Of CHUIA ViSTA & 8uilding Department P[~nning DivIsion. I Dev~lopm~nt !'roc~ss'ng - l' I a. n n i n g APPLICATION APPENDIX e Disclosure ShltBment Purslltlnt to Council PolIG}' 101'{)1, prior to an:' aoDon lipOn matters that wUl requ\fe discretlonary actlon by the Council, Planning C~mmfs"fan and all other official boe :es of iIle City, a statement of disclosure of certain ownershJp or financial interests, payments, or CM'1paign conltilmtiom for.a Clly of Chura VISta electron must be .filed. The foflowlng Information must be disclosed' 1. List Ih.. name. of al! per.on. havln9 a 1nancial interest in the property that Is the subj",ct of the application or the contract, e.g.. owner, applloant, conlra' lor, subcontractor, material supplier. 'fY\ p. (7) rf">. lIV', p ('.... \e.V\ l_C- (lJ6-.A ('J.r(".tv.<j~ h'''-''L>e- LP 2. If MY person' identified pumuantto (1: ebove Is a corporatlon or par1nership, list the namas ofalllndMduals WIth a $2000 invesbnent In thei business (ee -paraUon/partn'lrsl1lp) enlily. LVi \kJ. VV\. , .At6'~ V)"'I,~o-Wf1..\-;> l2q,<>-_V''tn ,^ Jr. 1'2. . 3. If any person" identified pun;uant to r) above I. a non.profit organiZatron or lltist, lIslthe names (If any person serving as dIrector af thEl non.proflt org mization or as lltistee or beneficiary or trustor of the trust. (\/()..... 4. Please identify eVery pen;on. inciudlng any agsnts. employees, consullBnts, or independent contractlllS yoU haVe assigned to rap_ent you before the C ty in this maller, A~hec:o.... -A! ~ ':).O('1j_ 5. Has any persan* associated lNi\h this contract had any linanrnel dealings. ~ off1clel" of the City' of Chula Vista as It relalas to this contract within (1]9 past 12 months. Yas_ Na . If Yes, briefly des<;ribe the nalure of th, financial interest the offlcla'" may have.in thfs contract. 6. Heve you made a conlnbutlon jIflnare .4$~50 wflhin the past twelve (12) mr:>nths .10 a currant member of the Chura VIsta Cfty CaunCl1.? No Y'.. Yes _Q1fy~, which Councll mem1>et? . ~b,_1 y/ ~~ ru.o! I ~. ""l"'''' rR"~"'- "..___.~ .....1 , .... ,'3'::9'g ATTACHMENT 9 12/26/2006 12:26 18582441146 MAJESTIC CO PAGE 05 : Planning & Building . PlannIng DivisiOn I Department Development Pro~esslng . 01Y OF OiUlA VJSrA APPLICATION APPENDIX B DIsclosure Sta~ement - Pa~e 2 7. Have you provided more !hen $340 (or 1I1 item of eQl,lfvaient vall1e) to an official- of the Cllyof Chula \!lsls In !he past tw~va (12) }l'IOn1tl~1 (ThIs InclUdE' baing a source of income, money to ",tire a legar debt, gift, loan, etc,.} Y",,_ NO-L If Yes, Which offlclal- and what waslhe rature of item provided? Date: IYrl.Af r _V\ '3 I :;:ltn'"i";j-- Signature of C9n PrInlor . type name of Con Pe=n 1s defined as: .any lndl\lldual, firm, ClO-f!arinership, Joint ventura, association, social club, fraternal organlmtlon, corporation, eslatEl, trust, receiver, !lyndi<;ate, any ofher county, city, munIcipality, dislrlct, or othel" political SQbdivlsipn, -or any olhergrt!l1p or combInation acting as a unit. OflIctal Includes, but is not limited to: Mayor, CouncR member; Planning Commissioner, Member of a boaril, COIl'Imfsslol'l, orcorlimlttee oflhe Clly,.. "ployee, or stall'membel'$.' .. .,'7~ Fnlrrth AvpnllF< I rh"ll:I V;"t-" I r"I~..t...~...:... I 010.,n 13-99 tl: ~ n\ .en1 :"1 n1 - - --.-.------.--.---- -----_._--_.~---~-------_.- RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDMSION MAP TO DMDE INTEREST IN 3.48 ACRES AT 307 ORANGE AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 124 RESIDENTIAL UNITS, APPROVING CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE REDUCTION IN CERTAIN DEVELOPMENT STANDARDS I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on August 12, 2004, with the City of Chula Vista Planning and Building Department by Westone Management and subsequently superceded by Premier Coastal Development and subsequently by WGA Orange Avenue L.P. and by WGA. Orange Avenue L.P. ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 124 apartment units into individually owned condominiums ("Project"); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by referenc.e, and commonly known as Chula Vista Tract No. 05-06, Tentative Subdivision Map, and for the purpose of general description herein consists of3.48 acres located at 307 Orange Avenue ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: (1) Planning Commission recommendation of approval of PCS-05-6 Tentative Subdivision Map for a 124-unit condominium conversion on February 14, 2007; and (2) Design Review Committee approval ofDRC-05-05 Site Plan on April 17,2006; and, D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 14,2007, and after hearing staffs presentation and public testimony voted 6-1 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 307 Orange Avenue, at least 10 days prior to the hearing; and 13-100 Resolution No. 2007- Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on ,2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on February 14,2007, and the minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding. II1.COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 307 Orange Avenue, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The site is part of the former Montgomery Specific Plan, annexed to the city in January 1986. As part of the County/City zoning translation program, the property was designated High Density Residential (18-27 dulac) in the General Plan, and zoned R-3, Apartment Residential. The 124-unit apartment complex was built on a 3.48-acre parcel, which represent a development density of approximately 35 dulac. The density is a higher than permitted in the underlying zone district and the General Plan. However, pursuant to Chapter 19.64 of the Chula Vista Municipal Code ("CVMC"), the existing apartment complex is a legal non-conforming use and may 13-101 Resolution No. 2007- Page 3 remain in existence indefinitely, as long as the land use remains the same and is not altered. Although minor modifications are proposed to comply with the condominium conversion requirements, the Project does not represent a change in land use. Section 19.64.060C of the CYMC allows the Planning Commission to approve modifications or enlargement of non-conforming uses when necessary and incidental to its use. The proposed changes are necessary to change the rental units to highly desirable individual ownership for entry-level buyers. Based on the above, the proposed project, as conditioned, is in substantial conformance with the adopted General Plan, Zoning Ordinance and other applicable rules and regulation. 2. Circulation All off-site streets required to serve the subdivision currently exist. No street improvements are required. 3. Housing The Project is generally consistent with the land use designation prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 124 apartment units to 124 condominium units creates additional opportunities for residential ownership, including 41 units of on-site housing affordable for moderate-income persons and families. 4. Open Space Pursuant to Govermnent Code section 65915.5, in exchange for the Project's providing 41 units of on-site moderate income affordable housing, the City will allow an open space deficiency of approximately 6,887 square feet. The Project includes existing on-site open space areas in the form of a swimming pool and recreational rooms, landscaped areas, and a tot lot for residents' use. 5. Safety The City Engineer, Fire, and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and emergency services. B. The configuration, orientation and topography of the site allow for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such a project, including concessions for open space 13-102 Resolution No. 2007- Page 4 and parking requirements pursuant to Government Code section 65915.5 and storage requirements pursuant to CVMC 15.56.070. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUNICIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The City Council concurs with the Fire Marshal determination that the project as conditioned will be in substantial conformance with current fire protection standards. B. Uniform Building Code: City Council concurs with the Building Division of the Planning and Building Department's determination that the "Property Condition Assessment Report" dated August 2003, prepared by JCDPlHuang Consulting Engineers, Inc, and the "Supplemental Property Condition Assessment" dated August 10, 2005 (see Attachment H), prepared by LandAmerica Commercial Services adequately address compliance with the Building Code if applicable permits are submitted and approved and the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires minimum storage area for each unit - 150 cubic feet per I-BR unit and 200 cubic feet per 2-BR unit. The 28 one-bedroom units and 40 of the two-bedroom units are provided an excess of storage space; however, 56 of the two- bedroom units are each deficient 17 cubic feet of storage space. A storage cupboard within a new carport is provided for each unit, in addition to some interior storage space. Per CVMC section 15.56.070, in considering tentative maps for condominium development and evaluating the manner in which storage space is provided, the Planning Commission may recommend and the City Council may approve departures from the stated standards after review of each proposal. Departures shall be based on the merits of the individual project when good cause can be shown. Staff has analyzed the existing storage and proposed storage for the possibility of increasing storage capacity, and has determined it is not feasible to increase storage space beyond that which the project is adding. Convenient storage is proposed as cabinet space in each carport, in addition to some storage space in the dwelling units. As a condition of the Final Map the Applicant shall provide all storage dimensions to prove that the storage meets all minimum dimensioning requirements. D. Housing Code: The Project will be required to comply with housing inspection requirements. 13-103 Resolution No. 2007- Page 5 E. Protective Lighting Standards: Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.030 and 17.28.040 of the Chula Vista Municipal Code. The Project is required to provide lighting information at the time of submittal of building permits. F. Off-street parking: Section 19.62.050(13) requires 1.5 parking spaces for each one- bedroom unit and two parking spaces for each two-bedroom unit, for a total parking requirement of 234 spaces for this project. The project provides 192 parking spaces, including 124 carports, 63 open stalls, and 5 handicapped spaces. There is a shortfall of 43 parking spaces. Drive aisles are slightly less than the 24 feet width requirement and the ratio of compact to regular parking spaces is higher than the City standard. Pursuant to Government Code section 65915.5, in exchange for the Project's providing 41 units of on-site moderate-income affordable housing, the City is allowing the above stated deficiencies in the parking area requirements. G. Design Guidelines: Although no significant exterior structural changes are proposed to the existing project, the Applicant proposes to upgrade both the interior and exterior of the units, add community amenities, and refresh the landscaping. Exterior improvements as part of the proposed condominium conversion include new paint and additional architectural detailing on the buildings, roof replacement, installing a tot lot and play structure, repairing and replacing all driveways and walkways where needed, adding carports, and refreshing and supplementing the landscaping where needed. (Attachment F is a complete list ofthe Applicant's proposed interior and exterior improvements.) Accordingly, the Applicant has applied for and obtained Design Review approval pursuant to CVMC sections 19.14.582 (Design Review Committee, Duties and Responsibilities) and 19.14.420 (Site Plan and Architectural Approval - Purpose - Prerequisite for Certain Uses). H. Separate Service Meters: Each unit is individually metered for electric service. A Homeowners Association will be responsible for the water and gas utility meters. The Applicant shall provide written evidence how this will be satisfied. 1. Housing Department Compliance Survey: The Project has completed a housing inspection, and will be required to perform all corrections listed in the Apartment Inspection Report prior to final inspection of a Condominium unit. J. Covenants, Conditions & Restrictions ("CC&Rs"): The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. K. Open Space: Common Open Space: CVMC section 19.28.090 requires 400 square feet of common usable open space per one- or two-bedroom unit; therefore, the project must provide a minimum of 49,600 square feet of open space. The project provides 42,713 square feet of open space, which is a deficiency of 6,887 square feet. 13-104 Resolution No. 2007- Page 6 Pursuant to Government Code section 65915.5, the City is allowing the deficiency of 6,887 square feet of open space in exchange for the guarantee of 41 on-site affordable units to persons or families of moderate income. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code sections 66451.3 and 66452.5 require notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants ofIntent to Convert". BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. 05-06 as represented in Exhibit "B" subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-06, 307 Orange Avenue. B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and complying with any conditions required by the Design Review Committee associated with DRC 05-05. IX. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below and in Attachment "F" shall be fully completed by the applicant or successor-in- interest to the City's satisfaction prior to approval of the Final Map: GENERAL / PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 13-105 Resolution No. 2007- Page 7 2. Applicant and his/her successors in interest shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on February 14,2007, and DRC 05-05 on April 17, 2006. 3. Applicant shall coordinate with the City of Chula Vista Planning and Community Development divisions to schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums. 4. A week after the tentative map is approved, the Applicant shall comply with all applicable noticing requirements set forth in Government Code section 66427.1. Applicant shall submit evidence to the Director of Planning and Building that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants per Section 66427.1 of the Subdivision Act or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Department of Real Estate prior to Final Map approval). b. 10-day Notice to all existing tenants of Final Map approval- "Form D". c. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Form F", e. ISO-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G". 5. The Applicant shall obtain a construction permit to perform any work in the City's right of way, which may include but is not limited to: a. Driveway approach per Chula Vista Design Standards; b. Replacement of broken curb, gutter, and sidewalk where applicable; c. Sewer lateral installation. 6. Submit plans and information to the satisfaction of the Fire Marshal that proposed condominium units meet current California Fire Code, including but not limited to fire hydrants, fire access, water supply, sprinkler systems, and fire alarms. 7. A composite lighting plan shall be submitted and approved to the satisfaction of the Planning & Building Department and Chula Vista Police Department ("CVPD") prior to 13-106 Resolution No. 2007- Page 8 issuance of the first building permit. Lighting should be provided at entries, driveways and parking lots. Please indicate the location and style of lighting on lighting plans and elevations. Lighting shall be shielded to minimize spillover onto adjacent properties. 8. Electrical/mechanical driveway gates must be provided with a Knox key entrance operation and Opticon system to the satisfaction of the City Fire Marshall. 9. All existing utilities serving the subject property and existing utilities located within or adjacent to and serving the subject property shall be placed underground in accordance with Section 15.32 of the Chula Vista Municipal Code. Furthermore, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 10. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. II. Applicant shall comply with the requirements of the City's approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate any trash enclosure re-design required for compliance with the City's National Pollutant Discharge Elimination System ("NPDES") permit. 12. Submit building plans and required fees per the following Building Division requirements: a. Building permits are required per 200 I California Building Code ("CBC"), California Mechanical Code, California Plumbing Code, and California Handicapped Accessibility requirements, 2004 California Electrical Code, and 2005 California Energy Code. b. Indicate any proposed modifications to correct code violations as noted by Code Enforcement Division. 13. Prior to issuance of building permits, Applicant shall submit for review and approval of the City's Landscape Planner an exterior lighting plan that includes detailed information on the proposed fixtures, which shall be commercial grade quality. The Plan should implement the lighting concept stated on the approved landscape concept plan. The lighting plan shall include details showing that the proposed lighting shall be shielded to remove any glare to adjacent properties. 14. Provide a detailed Planting and Irrigation Plan prepared by a licensed landscape architect for review and approval with the building permit submittal, per Landscape Manual and 13-107 Resolution No. 2007- Page 9 CYMC requirements. All landscape work is to be completed prior to issuance of certificates of occupancy. The detailed landscape plans shall include the following: a. Details of the play structure in the tot lot area, which shall be commercial grade quality. b. Show the location, and show landscape screening from public view, for all proposed lighting fixtures, fire hydrants, transformers, backflow valves, and other utilities on the detailed landscape plan. c. Identify storm water management measures, if any are proposed, on the detailed landscape plan. d. Planting shall not obstruct the visibility at the driveway entrance. 15. Provide a surety guarantee bond with the landscape plans for all landscape improvements, which will include all irrigation work. 16. Plans submitted for building permits shall include the following: a. Ground-mounted equipment including heating, air conditioning, utility boxes, and backflow valves that will not be constructed in utility enclosures will be required to be screened with a combination of landscaping, walls or berms. b. A roof design plan showing that all roof equipment has been screened from adjacent off-site residential uses and public areas with parapet walls. c. Carport structure plans with details and specifications. 17. So as to ensure compliance with Section 17.24.040 and 17.24.050 of the Chula Vista Municipal Code, Applicant shall show that walls and ceilings meet the current Gypsum Association Fire Resistance Design Manual standards regarding fire and sound attenuation. All separating floor-ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an impact insulation class (lIC) of fifty (50). If said walls and ceiling do not meet said standards, then the walls and ceiling shall be modified to conform to the Gypsum Association Fire Resistance Design Manual standards to the satisfaction of the City Building Official and Director of Planning and Building. 18. Prior to issuance of building permits, provide information on new hot water heating facilities to meet the approval of the City Building official with regard to capacity, size, and location. 13-108 Resolution No. 2007- Page 10 19. Submit a phasing plan indicating how portions of the site can be sold and occupied during construction activity. 20. Anyon-site sales or leasing office shall obtain a Conditional Use Permit. 21. Submit to City staff for approval additional details on implementation of the homebuyer assistance and tenant relocation programs, such as the time frame for meetings and distribution of relocation assistance, tenant eligibility requirements for the programs, etc,. and submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirements for existing residents who choose to purchase their condominium units and for renters who choose to relocate. DRAINAGEINPDES 22. All on-site drainage facilities shall be private except for storm drain facilities located within the existing drainage easement granted to the County of San Diego recorded August 22, 1985, as file no. 85-304816 of official records. 23. Paved access capable of withstanding H-20 wheel loading shall be provided to all public storm drain manholes within the site. 24. The existing public 36-inch and 42-inch RCP storm drain pipes shall be relined based on the City Engineer's requirement due to cracks and significant infiltration within the storm drain pipes. 25. Applicant shall prepare and submit a Water Quality Technical Report describing structural and non-structural Best Management Practices ("BMPs") that will be implemented to prevent discharge of pollutants from the project site to public storm drainage systems, to the satisfaction of the City Engineer. 26. Intercept runoff from the project site and pre-treat said runoff prior to discharge to the City's storm water conveyance system. Identify proposed BMPs to be used to treat storm water runoff from the site as part of the project's Water Quality Technical Report. Said BMP facilities shall be inspected and approved by the City's Stormwater Inspector prior to final map approval. 27. Permanent storm water BMP requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. Any 13-109 Resolution No. 2007- Page II proposed changes that impact landscaped or open space areas must be reviewed and approved by the City's Landscape Planner. 28. Any proposed changes that impact landscaped or open space areas must be reviewed and approved by the City's Landscape Planner. 29. Fully implement NPDES BMPs contained in the Water Quality Technical Report. SEWER 30. The on-site sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condominium unit to the City maintained public sewer main within Orange Avenue. 31. The Developer/Owner shall establish a homeowners association to fund and oversee a contract for the maintenance of the on-site private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the CC&Rs. The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the on-site private sewer system. 32. The Developer/Owner shall install a sewer manhole at the point of connection to the City sewer main for the sewer lateral east of the public storm drain pipe that runs north to south between the two-story stucco building and one-story stucco building/pool facility. The sewer lateral historically has problems due to the slope of the pipe. STREETS 33. The driveway within the development shall be private. 34. Remove and replace all driveways along the project frontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-IA for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. Safe sight distances shall be maintained in and around entrances and drives. CC&RS 35. Submit CC&Rs as approved by the City Attorney to the City Engineer, Director of Planning and Building, and Director of Public Works, for approval. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association ("HOA"), which shall, among other things, be responsible for maintaining all common facilities within the Project 13-110 Resolution No. 2007- Page 12 including, but not limited to: walls, fences, water fountains, lighting structures, fire sprinklers and alarm systems, paths, trails, access roads, drainage structures, water treatment facilities, recreational amenities and structures, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. A listing of all maintained private facilities. c. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. d. Language that indemnifies and holds harmless the City from any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of the HOA, including but not limited to private sewer spillage. e. The City's right but not the obligation to enforce CC&Rs. f. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. g. The City must approve any revisions to provisions of the CC&Rs that may particularly affect the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners- unless the Director of Planning and Building waives this requirement. h. The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless the Director of Planning and Building waives this requirement. 1. Implement an education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system. J. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. k. The CC&Rs shall include NPDES proVISIOns for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the 13-111 Resolution No. 2007- Page 13 purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past ten years of BMP implementation, inspections, and maintenance activities. 1. The HOA shall fund and oversee a contract for the maintenance of the on-site private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants and Restrictions, which shall be subject to the approval of the City Engineer and the Director ofPuhlic Works. m. Trash and Recycling program requirements shall be incorporated into the project CC&Rs to the satisfaction of the City's Conservation Coordinator. n. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. o. Fire service lateral and water supply to buildings, including the on-site fire hydrants, must be maintained and operational at all times to the satisfaction of the Fire Marshal. 36. Submit a Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets and drives, storm drains, and sewage systems. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every seven years and overlaid every 20 years; b. Sewers must be cleaned once a year with the contingency for emergencies; c. Red curbs/striping must be painted once every three years; d. The Homeowners Association shall be responsible for service utilities including water, gas, and sewer, and the billing and payment of these utility costs; e. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City; f. Per the Physical Elements Report's recommended repairs within the five-year time frame, establishment of a capital fund that will adequately cover the expected costs 13-112 Resolution No. 2007- Page 14 associated with repairing or replacing the Project/complex's electrical system and plumbing system. EASEMENTS 37. All existing easements and irrevocable offers of dedication shall be shown on the Final Map. A title report dated within 60 days of submittal of the Final Map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 38. Applicant shall pay any unpaid balance for the 307 Orange Avenue Tentative Map Deposit account # DQII05 and Project account CA301. 39. Applicant shall enter into an approved Affordable Housing Agreement. Applicant and hislher successors in interest shall comply, remain in compliance and implement, the terms, conditions and provisions, to the property with regard to the Affordable Housing Agreement to provide 41 units of on-site affordable housing for persons or families of moderate income. 40. Applicant shall enter into an agreement wherein the Applicant agrees to: a. Defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. b. Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the project onto adjacent public or private streets or into off-site storm water conveyance systems. c. Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. d. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. 13-113 Resolution No. 2007- Page 15 Signature of Property Owner Signature of Representative 13-114 Date Date Resolution No. 2007- Page 16 MISCELLANEOUS 40. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 41. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate prior to the approval ofthe Final Map. 42. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 43. Provide evidence to the satisfaction of the City Engineer of compliance with all tenant- noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval of the final map. B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless otherwise noted: 1. For any condominium unit in a structure containing multiple condominium units, correct California Health and Safety Code and Uniform Housing Code violations specified in Attachment C and any other violations identified by the Housing Inspection, to the satisfaction of the Director of Planning and Building. 2. For any condominium unit in a structure containing multiple condominium units, install the interior upgrades and improvements specified in Attachment F to the satisfaction of the Director of Planning and Building. 3. Prior to issuance of building permits, per the Physical Element's Report and Applicant's designating replacement of hot water heating facilities, provide information on new hot water heating facilities to meet the approval of the City Building official with regard to capacity, size, and location. 4. For any condominium unit in a structure containing multiple condominium units, the Project's exterior upgrades for that structure shall be constructed in accordance with the approved DRC-05-05 design review permit. 5. For any condominium unit in a structure containing multiple condominium units, provide in that structure type 2A-IOBC fire extinguishers every 75 feet of travel distance, and smoke detectors for each unit, to the satisfaction of the Chula Vista Fire Department. 6. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 13-115 Resolution No. 2007- Page 17 7. Any required modifications to separation walls and ceilings shall be done to the satisfaction of the City's Building Official and Fire Marshal. 8. Submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirements for existing residents who choose to purchase their condominium units and for renters who choose to relocate as reflected in the provisions referenced in the minutes of the Planning Commission meeting of February 14, 2007. Said relocation assistance shall include the requirement that the applicant will provide the refund of each tenant's security deposit not less than 30 days prior to their relocation and shall provide relocation assistance of $500 paid to tenants no less than 10 days in advance of their relocation. 9. Submit and obtain approval of a sign permit. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. INVALIDITY ; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Jim Sandoval Director of Planning & Building J:\AttorneylRESOIMAPSIPCS-05-06 (307 Orange A venue L 07-17 -07.doc 13-116 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY AND WGA ORANGE, L.P., ESTABLISHING CONDITIONS OF 41 AFFORDABLE UNITS FOR MODERATE INCOME HOUSEHOLDS AT 307 ORANGE AVENUE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, an application for a Density Bonus was filed on August 12, 2004, with the City of Chula Vista Planning and Building Department, requesting approval for regulatory concessions for a Tentative Subdivision Map to convert 124 apartment units into individually owned condominiums ("Project"); and WHEREAS, the area of land which is the subject matter of this Resolution is located at 307 Orange Avenue ("Project Site"); and WHEREAS, pursuant to Government Code Section 65915.5, the Applicant must provide 33 percent of the total number of units to persons and families of moderate income in exchange for concessions from certain multi-family development standards; and WHEREAS, based on 33 percent of 124 units, the Applicant has an obligation to provide 41 units affordable to moderate-income households; and. WHEREAS, compliance with the Affordable Housing Agreement is necessary to satisfy the conditions of approval for moderate income housing obligations of the Project under the State Density Bonus Law; and WHEREAS, this Affordable Housing Agreement implements affordable housing requirements previously analyzed in the environmental review, therefore, no additional action is required under CEQA. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that this City Council does hereby approve the Affordable Housing Agreement related to the implementation of the affordable housing condition at 307 Orange Avenue in substantially the form presented to the City, subject to such revisions as may be made by the City Manager or his designee subject to the review and approval of the City Attorney. BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Affordable Housing Agreement on behalf of the City. A copy of the Affordable Housing Agreement when executed by the City shall be placed on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Manager (or designee) is hereby authorized, on behalf of the City, to make revisions to the Affordable Housing Agreement which do not materially or substantially increase the City's obligations thereunder or materially or substantially change the uses or development permitted on the Site, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Affordable Housing Agreement and to 13-117 Resolution No. 2007- Page 2 administer the City's obligations, responsibilities and duties to be performed under the Affordable Housing Agreement and related documents. Any such revisions or modifications to the Affordable Housing Agreement are subject to the review and approval of the City Attorney. Presented by Approved as to form by Ann Hix Acting Community Development Director J:\AtlomeyIRESO\AGREEMENTS\WGA Orange, L.P._07-17-07.doc 132118 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 Ann Moore City Attorney Dated::;Z: - II - 0 f Affordable Housing Regulatory Agreement Between City of Chula Vista and WGA Orange Avenue 13-119 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Attn: City Clerk No fee for recording pursuant to Government Code Section 27383 (Space above for Recorders Use) AFFORDABLE HOUSING REGULATORY AGREEMENT THIS AFFORDABLE HOUSING REGULATORY AGREEMENT (this "Agreement") is entered into as of ,2007, between the CITY OF CHULA VISTA, a municipal corporation ("City"), and WGA ORANGE AVENUE, a California limited partnership ("Developer") and/or its successors or assignees. 1.. Recitals 1.1. Authority. The City is a municipal corporation, organized and existing under the laws of the State of California. City is authorized to enter into binding agreements for the purpose of protecting public health, safety, and welfare. 1.2. Developer. Developer has a property interest in property in the City of Chula Vista, in the County of San Diego, California, commonly known as 307 Orange Avenue, which is legally described in Exhibit "A", which is hereby incorporated herein (the "Real Property"). The Real Property will be a condominium project established pursuant to Section 1350, et seq. of the California Civil Code. 1.3. Proiect. Developer wishes to convert the existing 124-unit apartment complex at 307 Orange Avenue to a condominium project (the "Project"). Owner proposes that 83 of those units will be sold at prevailing market rates (the "Market Units") and that 41 units will be sold at affordable prices to eligible moderate income households (the "Restricted Units") as further described in Section 1.5 below. 1.4 Tentative Map. The City Council of the City of Chula Vista, through the adoption of Resolution No. , has approved a tentative map in accordance with the State Subdivision Map Act and the City's Municipal Code, Chapter 15.56, authorizing the conversion of the Project into a condominium project. The Owner has requested a Density Bonus pursuant to 65915.5. Pursuant to 65915.5 the Owner is entitled to additional units or incentives of equivalent financial value. As requested by the Owner and in accordance with California Government Code 965915.5, the City has granted Owner a reduction in certain requirements of the following conditions of conversion as incentives of equivalent financial value: Affordable Regulatory Housing Agreement 1 13-120 . The requirement to comply with the off-street parking standards for multiple family dwellings and dwelling groups which exist at the time of the establishment of the Project as a condominium project set forth in Municipal Code section 15.56.020(F). . The requirement to comply with the City's current open space requirements set forth in Municipal Code section 19.28.090 . The requirement to provide storage space set forth in Municipal Code section 15.56.020(C). 1.5 Density Bonus Conditions. Developer and the City now desire to enter into this Agreement to satisfy the conditions of approval requiring Developer to provide at least 33 percent of the total units as moderate income for saie housing. as defined in ~50093 of the Health and Safety Code. 20 One Bedroom / One Bath 21 Two Bedroom /1 Bath 1.6 Bindina On Successive Owners. Pursuant to California Government Code Section 27281.5, the parties intend that this Agreement constitute an encumbrance against the Real Property which, during the Term of this Agreement, is binding on the owners and successive owners of the Real Property for the benefit of the City. NOW THEREFORE, THE CITY AND DEVELOPER HEREBY AGREE AS FOLLOWS: 2. - Definitions The following definitions apply for purposes of this Agreement: 2.1 "Area Median Income" means the latest median income from time to time determined by the United States Department of Housing and Urban Development (pursuant to Section 8 of the United States Housing Act of 1937) for the San Diego Standard Metropolitan Statistical Area, and as established by regulation of the State of California pursuant to Health and Safety Code Section 50093. 2.2 "Buyer-Elected Options and Upgrades" means options and upgrades included in a Unit that are not included within the plans and specifications for standard production Units and that are paid for in cash by the buyer. 2.3 "Buyer-Qualified Interest Rate" means the interest rate a buyer qualifies for and obtains under a loan, the proceeds of which are used to purchase the Moderate Income Unit. 2.4 "City Notice of Approval" means the letter from the City identifying the applicant as an eligible affordable buyer. Affordable Regulatory Housing Agreement 2 13-121 2.5 "Gross Income" shall mean the anticipated income of a person or family for the 12-month period following the date of determination of income as defined in Title 25 of the California Code of Regulations Section 6914. 2.6 "Market Rate Price(s)" shall be as described in Section 3.2 below. 2.7 "Moderate Income Affordable Sales Price" shall be determined pursuant to Section 3.3.3 below. 2.8 "Moderate Income Buyers" means individuals or families with a gross income which does not exceed one hundred twenty percent (120 %) of the current Area Median Income, as adjusted for household size as set forth in ~50093 of the Health and Safety Code. 2.9 "Moderate Income Unit" means any of the forty-one (41) Units which shall be sold by Developer to and occupied by a Moderate Income Buyer. 2.10 "Monthly Housing Cost" means the sum of monthly payments for all of the following with respect to a Moderate Income Unit: 2.10.1 Principal and interest, amortized over thirty (30) years, at the then current fixed interest rate, payable under the First Trust Deed Loan (as defined below), which is then available to acquire an Moderate Income Unit; 2.10.2 Any special tax district assessments, Mello-Roos special taxes, prorated monthly, which apply to the Moderate Income Unit; 2.10.3 The monthly homeowners association regular assessments which apply to the Moderate Income Unit; and 2.10.4 A reasonable allowance for real estate taxes and insurance not included in the above costs, prorated monthly. 2.10.5 A modest Utility allowance as determined by the Housing Authority for the unit size. Utility allowance does not include telephone or cable service. 2.11 Mortgage Amount" shall be as described in Sections 3.3.1,3.3.2, whichever is applicable. 2.12 "Silent Second Note" shall refer to the promissory note made by a Moderate Income Buyer in favor of the City which is equal to the difference between the Market Rate Price and the Moderate Income Affordable Price of a Moderate Income Unit. The form of the Silent Second Note shall be as set forth on Exhibit "B" attached hereto. 2.13 "Silent Second Trust Deed" shall refer to a deed of trust which secures a Silent Second Note. The form of the Silent Second Trust Deed shall be as set forth on Exhibit "C" attached hereto. 2.14 "Term" shall be described in 4 below. 3. - Marketina of Moderate Income Units 3.1 Moderate Income Units. Of the One-Hundred Twenty-Four (124) Units in the Project, Developer shall sell Forty-One (41) Units only to Moderate Income Buyers) The Forty-One Affordable Regulatory Housing Agreement 3 13-122 (41) Moderate Income Units shall consist of20 One (1) and 21 Two (2) bedroom Units. The sales price of each such Moderate Income Unit shall be the Market Rate Price, with the Silent Second Note being in original principal amount equal to the difference between the Market Rate Price and the Maximum Sales Price for a Moderate Income Unit. The Silent Second Note shall be secured by the Silent Second Trust Deed encumbering the Moderate Income Unit which is sold to a Moderate Income Buyer. The Silent Second Trust Deed shall be subordinate in priority to the institutional trust deed loan ("First Trust Deed Loan") which the Moderate Income Buyer obtains to purchase the property. 3.2 Market Rate Price. The Market Rate Prices for the Moderate Income Units shall initially be the amounts set forth in the attached Schedule "1". Developer may request that the City recalculate the Market Rate Prices twice in any given calendar year pursuant to the procedures set forth in this Section. Developer shall seek the City's written approval, which approval shall not be unreasonably withheld, prior to modifying the Market Rate Prices. Developer may submit to the City Developer's proposed revisions, if any, to the Market Rate Prices for the Moderate Income Units. Within ten (10) business days after such submission, the City shall approve or disapprove such proposed revisions. If the City disapproves and objects to Developer's proposed revisions within such ten (10)-day period, Developer may re-submit further revisions to the Market Rate Prices to address the City's grounds for objection, and the City shall thereafter have ten (10) business days to approve or disapprove Developer's proposed revisions, If, however, the City fails to approve or disapprove Developer's proposed revisions within the initial ten (10)-business day periOd (or the subsequent ten (1 OJ-business day period iri case of re-submission), Developer's proposed revisions shall be deemed approved. 3.3 Calculation of Maximum Moderate Income Affordable Sales Price. 3.3.1 The Maximum Sales Price of a Restricted Unit (the "Maximum Sales Price") means the maximum sales price applicable to the unit size in question, as set forth in regulations promulgated pursuant to California Health and Safety Code section 50025.5(e) to determine the sales price that will make housing available to moderate-income households at an "affordable housing cost," as defined in California Health and Safety Code section 50025.5(b)(4). One (1) Bedroom Two (2) Bedroom $197,956 $227,226 Developer may request that the City recalculate the Maximum Sales Price twice in any given calendar year. Pursuant to the procedures set forth in this Section, developer shall seek the City's written approval, which approval shall not be unreasonably withheld, prior to modifying the Maximum Moderate Income Affordable Sales Prices. Developer may submit to the City Developer's proposed revisions, if any, to the Maximum Moderate Income Affordable Sales Prices for the Moderate Income Units. Within ten (10) Affordable Regulatory Housing Agreement 4 13-123 business days after such submission, the City shall approve or disapprove such proposed revisions. If the City disapproves and objects to Developer's proposed revisions within such ten (1 OJ-day period, Developer may re-submit further revisions to the Maximum Moderate Income Affordable Sales Prices to address the City's grounds for objection, and the City shall thereafter have ten (10) business days to approve or disapprove Developer's proposed revisions. If, however, the City fails to approve or disapprove Developer's proposed revisions within the initial ten (10)-business day period (or the subsequent ten (10)-business day period in case of re-submission), Developer's proposed revisions shall be deemed approved. 3.4 Unit Sizes and Appropriate Household Sizes. The following are the household sizes appropriate to a Moderate Income Unit, for calculation of Mortgage Amount based State law: Calculation of the Moderate Income Affordable Sales Price shall be based upon the assumed household size specified for the Moderate Income Unit size as set forth in the foregoing table notwithstanding the actual size of the household that purchases the Moderate Income Unit. 3.5 Proof of Qualification. Developer will obtain from each person(s) to whom Developer sells a Moderate Income Unit a "Supplemental Buyer Application" (the "Application") in the fonm of Exhibit "D" attached hereto (or such other form as the City may from time to time adopt and of which the City will notify Developer in writing). Developer will be entitled to rely on the Application and the supporting documents thereto in determining the eligibility of such person(s) to buy such Moderate Income Unit. Developer will retain the Application and supporting documents for a period of at least seven (7) years after the buyer thereof closes escrow for the purchase of the Moderate Income Unit. 3.6 Records. Audits. Developer will submit to the City monthly copies of all Applications, available settlement or closing statements with respect to each Moderate Income Unit that has closed escrow, and documents submitted containing information with respect to each Moderate Income Unit including (I) the monthly amortized Mortgage Amount, (ii) the number of occupants for which the Moderate Income Unit is sold, (Iii) the income of such occupant(s), (iv) the Market Rate Price of the Moderate Income Unit and (v) the Moderate Income Affordable Sales Price of the Moderate Income Unit or the Moderate Income Affordable Sales Price of the Moderate Income Unit, whichever is applicable. Such submission shall be in the form of Exhibit "D" attached hereto (or such otherfonm as the City may from time to time adopt and of which the City notifies Developer in writing). If the City reasonably believes that violations of the sales price, occupancy and/or income requirements of this Agreement have occurred, and that an audit is necessary to verify submitted Applications and documentation, it will so notify Developer in writing thereof. Within ten (10) days after delivery of said notice, Developer will deliver to the City the names of three certified public accountants doing business in (he metropolitan San Diego area. The City will promptly deliver to Developer the former's approval of one or more of said names. The audit will be completed by an approved certified public accountant, at Developer's cost, within 60 days after the delivery to Developer of the City's said approval. Affordable Regulatory Housing Agreement 5 13-124 The certified public accountant will promptly deliver a copy of the written audit to the City. Developer shall regularly evaluate its compliance with the sales price, occupancy and income requirements of this Agreement and exercise good faith efforts to avoid any violations thereof. 3.7 City Approval of Marketinq Plan: Selection of Moderate Income Buvers. The following requirements shall apply with respect to Developer's marketing of the Moderate Income Units 3.7.1 Marketinq Plan. Developer shall prepare a marketing plan in compliance with Federal and State Fair Housing Laws. Such marketing plan shall include a plan for publicizing the availability of the Moderate Income Units within the City, such as notices in any local newspapers. The marketing plan shall require Developer to obtain from the City the names of Moderate income households who have been displaced by the City Redevelopment Agency redevelopment projects, and to notify persons on such list of the availability of Moderate Income Units in the Project prior to undertaking other forms of marketing. The marketing pian shall provide that the persons on such list of displaced persons be given not fewer than fifteen (15) days after receipt of such notice to respond by completing application fonms for purchase of Moderate Income Units, as applicable. 3.7.2 Income Requirements. All buyers of each Moderate Income Unit shall meet the income requirements set forth in this Agreement. Selection of Moderate Income Buyers shall be made based upon the Buyer Selection Criteria as established within the following levels of priority. A point system has been established so that applicants with a higher number of points will receive preference for Moderate Income Units. 5 Points Households which are displaced from their primary residence as a result of any of the following: (I) expiration of affordable housing covenants applicable to such residence; (i1) an action of the City or the City Redevelopment Agency; (Iii) closure of a mobile home or trailer park community in which the household's residence was located; or (iv) a condominium conversion involving the household's residence. One member in the household must have resided in such housing as the primary place of residence for at least one year prior to such action or event. 4 Points Households with at least one member who has worked within the City, as that person's principal place of full-time employment, for at least one year prior to the date of application for such housing. 3 Points Households with at least one member who is a Public Safety employee (fire and police) or Credentialed Teacher. The individual must be working in such position as his/her full- time profession at the time of application. 2 Points Households currently residing within the boundaries of the City of Chula Vista at the time of aoolication. Affordable Regulatory Housing Agreement 6 13-125 City of Chula Vista, at the time of application. 1 Point All other applicants who do not meet any of the above criteria. In the situation where there are applicants with an equal number of points but not enough Moderate Income Units are available, a lottery will be held at a place and time to be announced by the City and Developer. 3.7. Citv's Evaluation of Qualification of Moderate Income Buvers: Authoritv of Citv To Receive Loan Applications. Developer shall reasonably assist the City in obtaining from each Moderate Income Buyer (or prospective Moderate Income Buyer) a form signed by the Moderate Income Buyer authorizing the release to the City of the prospective buyer's 1003 (Mortgage Loan Application), Good Faith Estimate and Underwriting Transmittal Summary (1008) or similar form from the applicable lender. Developer shall request that each such lender forward to the City the loan documentation for any loan to a Moderate Income Buyer. The City will evaluate these forms and communicate its evaluation to Developer. After the City's review and verification that a prospective buyer is qualified as a Moderate Income or Moderate Income Buyer, the City will send a City Notice of Approval to the lender and Developer confirming the prospective buyer's eligibility. 3.8. Qualification Criteria. The City will utilize the following criteria in evaluating an application by a Moderate Income Buyer (or prospective Moderate Income Buyer): 3.8.1. Neither the Affordable Buyer nor such Affordable Buyer's spouse has owned a home during the three (3) - year period immediately preceding the purchase of the Moderate Income Unit. 3.8.2. 3.8.3. The Affordable Buyer's liquid assets after down payment, Affordable Buyer's closing costs and Affordable Buyer's cash payments for Buyer-Elected Options and Upgrades must not exceed $25,000.00. 3.8.4. Non-occupant co-borrowers are not allowed. 3.8.5. The maximum Monthly Housing Costs must not exceed 36% of monthly income for FHA insured loans and 40% of monthly income for all other loans. 3.8.6. The maximum debt-to-income ratios must not exceed 41% for FHA insured loans and 45% for all other loans. 3.8.7. No refinancing for cash-out or debt consolidation purposes will be allowed (but rate and term refinancing is permitted). 3.9. Occupancy Criteria. Beginning with the initial sale of a Moderate Income Unit and continuing with each sale thereafter, the Purchaser of a Moderate Income Unit will meet the following criteria ("Occupancy Criteria"): The Purchaser will occupy Moderate Income Unit as his/her only residence. The Purchaser will be considered as occupying the Moderate Income Unit as the Purchaser's only place of residence if the Purchaser is living in the Affordable Regulatory Housing Agreement 7 13-126 Moderate Income Unit for at least 1 O-months out of each calendar year. Notwithstanding the foregoing: 3.9.1 If the Purchaser is deceased, then the Purchaser's heir may take title to the Moderate Income Unit, provided such heir qualifies as an Eligible Moderate Income Unit, all such heirs must qualify as an Eligible Household. If the Purchaser's heir(s) do not qualify as an Eligible Household, the heir(s) must sell the Restricted Unit to an Eligible Household for a total consideration that does not exceed the then Maximum Sales Price. 3.9.2 If the Purchaser's failure to occupy the Moderate Income Unit is the result of a medical necessity, then the Purchaser will be given a grace period. At the end of such grace period, the Purchaser will be required to either occupy the Moderate Income Unit or to sell such Moderate Income Unit to an Eligible Household for a total consideration that does not exceed the Maximum Sales Price. 3.10 Information Packet. Developer shall provide an informational packet to each Moderate Income Buyer and Moderate Income Buyer, summarizing the requirements of the City's affordable for sale housing program provided for in this Agreement. The City shall, at Developer's request, reasonably assist Developer with the preparation or review of the informational packet. 4. Term 4.1. Term of Aareement. The agreement shall commence on the date of this Agreement. The Term ends after all obligations under this agreement have been met and verified by the City. Upon verification from the City that all obligations have been satisfied, the City shall record a termination of this Agreement in the Office of the County Recorder of San Diego County, California. 4.2. Recorded Affordabilitv Clause. At the time of the initial sale to an eligible household of a Moderate Income Unit, each Moderate Income Unit shall be subject to the afford ability Restrictions for a period of thirty (30) years, as described in their Deed of Trust. Each Purchaser of a Moderate Income Unit must sign a Deed of Trust which contains covenants about afford ability, resale and payment to the City. 4.3. Transfer of Restricted Units. Neither Owner nor the Purchaser(s) of a Restricted Unit can sell or transfer any Restricted Unit without the approval of the City, and the City's verification that the requirements of this Agreement (or, if the Owner has sold such Restricted Unit to Purchaser, the Individual Declaration applicable to such Restricted Unit) have been satisfied, including without limitation the City's verification that a purchaser or transferee is an Eligible Household at the time of purchase and that the Actuai Sales Price does not exceed the Maximum Sales Price. 5. - Subordination Upon request, the City shall subordinate this Agreement to any first deed of trust which Developer obtains for construction of the Project and the First Trust Deed Loans obtained by buyers to purchase their Moderate Income Units. However, any subordination agreement entered into by the City shall contain written commitments which the City finds are reasonably designed to protect the Affordable Regulatory Housing Agreement 8 13-127 City's interests in the event of default, such as any of the following: (a) a right of the City to cure a default on the loan prior to foreclosure, (b) a right of the City to negotiate with the lender after notice of default from the lender and prior to foreclosure, (c) an agreementthat if priorto foreclosure of the loan, the City takes title to the property and cures the default on the loan, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the City, and (d) a right of the City to acquire through foreclosure under the Silent Second Trust Deed the Moderate Income Unit from the buyer at any time after a material default on the loan. 6. . Additional Provisions ReQardinQ The Real ProDertv 6.1. Condition of the Real Prooertv. The following provisions shall apply only during the period of time that Developer is developing and marketing the Project. 6.1.1. Developer shall prevent the release, by Developer or its contractors, into the environment of any Hazardous Materials which may be located in, on or under the Real Property. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. 6.1.2. Developer shall indemnify, defend and hold the City, its elected officials, officers, agents, employees, representatives, and successors harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, reasonable attorneys' fees), resulting from, arising out of, or based upon Developer's or its contractor's (i) release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Real Property, no matter when such claim, action, suit or proceeding is first asserted or begun and no matter how the Hazardous Materials came to be released, used, generated, discharged, stored or disposed of on, under, in or about, to or from the Real Property, or by whom or how they are discovered, or (ii) violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Real Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing, cost or expense arising from or out of any claim, action, suit or proceeding, including injunctive, mandamus, equity or action at law, for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. Developer obligations under this indemnity shall survive the termination of this Agreement. 6.1.3. For purposes of this Agreement, "Hazardous Materials" means any substance, material, or waste which is or becomes regulated by any local governmental authority, San Diego County, the State of California, regional govemmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25130 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division Affordable Regulatory Housing Agreement 9 13-128 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (Hi) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (Ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, etseq. 6.1.4. For purposes of this Agreement, "Governmental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State, the County of San Diego, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision or instrumentality exercising jurisdiction over the City, Developer or the Real Property. 6.2 Taxes. Assessments. Encumbrances. and Liens. Developer shall pay prior to delinquency all real estate taxes and assessments properly assessed and levied on portions of the Real Property which are owned by Developer. Nothing in this Agreement shall be deemed to prohibit Developer from contesting the validity or amounts of any tax, assessment, encumbrance, or lien, nor to limit the remedies available to Developer in respect thereto. 6.3 Hold Harmless. Developer agrees to indemnify, protect, defend and hold harmless the City, its elected officials, officers, agents, employees, representatives and successors, from and against any and all claims, damages, actions, costs, demands, expenses or liability, including without limitation, reasonable attorneys' fees and court costs, which may arise from the direct or indirect actions or inactions of Developer or those of its contractors, subcontractors, agents, employees or other persons acting on Developers' behalf which relate to the approval of the project, the approval of this agreement and associated documents, and the Developer's construction and marketing activities of the Real Property or Project. This hold harmless agreement applies, without limitation, to all damages and claims for damages suffered or alleged to have been suffered by reasons of the operations referred to in this section regardiess of whether or not the City prepared, supplied or approved plans or specifications, or both, for the Real Property or Project. This indemnity by Developer, and all other indemnities set forth herein shall survive any foreclosure of the Real Property by the City pursuant to the terms of the Silent Second Trust Deed and the Term or earlier termination of this Agreement. 6.4 Obliqation to Refrain from Discrimination. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the enjoyment of the Real Property. Developer shall further comply with all the requirements of the Americans with Disabilities Act and the Americans with Disabilities Act Accessibiiity Guidelines (collectively, "ADA"). Affordable Regulatory Housing Agreement 10 13-129 6.5 Form of Nondiscrimination and Nonseoreoation Clauses. Developer shall refrain from restricting the sale of any portion of the Real Property, or contracts relating to the Real Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person and shall comply with all the requirements for the ADA. All such deeds, leases or contracts, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 6.5.1 In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed and further covenants that all such individuals and entities shall comply with all requirements ofthe Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines. The foregoing covenants shall run with the land." 6.5.2 In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein lease and the lease shall be carried out in compliance with all requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines.'" 6.5.3 In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of land and all such activities shall be conducted in compliance with all the requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines." 7. - Escrow Documentation The City shall provide Developer with any revision it reasonably deems appropriate to the form Silent Affordable Regulatory Housing Agreement 11 13-130 Second Note or the Silent Second Trust Deed for the use in escrow for the sale of each Moderate Income Unit. The Silent Second Trust Deed shall be recorded with the County Recorder of San Diego County at close of escrow for the sale by Developer of each Moderate Income Unit, and each Silent Second Trust Deed shall legally describe the particular Moderate Income Unit it covers, using the same legal description as is used in Developer's deed to its buyer. Each Silent Second Trust Deed shall be consistent with and implement the terms of this Agreement. 8. - Breach 8.1. Breach bv City. If the City breaches any of its covenants contained in this Agreement, Developer will have available to it all legal and equitable remedies afforded by the laws of the State of California. 8.2. Breach bv Developer of Sale Price Limit Reauirements. If, with respect to any Moderate Income Unit, Developer breaches this Agreement by charging higher sales prices than that herein permitted, Developer will, immediately upon the City's demand, (i) reduce the sales price to that permitted herein and (ii) refund to any buyers who theretofore paid such higher sales price the amount of the excess, together with interest hereon at the rate of ten percent (10%) per annum or the maximum legal rate, whichever is less, computed from the date(s) of payment of the excess by said buyers to the date of said refund. The provisions of this Section constitute a third-party beneficiary contract in favor of such buyers. Further, the City is hereby granted the power (but not the duty) to act as attorney-in-fact of such buyers in enforcing this section. 8.3. Breach bv Developer of Sales Reauirements. If, with respect to any Moderate Income Unit, Developer breaches this Agreement by selling to buyers who are not qualified by the City pursuant to Section 3.8, Developer will, immediately upon the City's written demand, and at Developer's sole cost, use its reasonable best and lawful efforts to terminate such sale or otherwise substitute an Unrestricted Unit in such sale. 8.4. Breach bv Developer of Other Reauirements. If Developer breaches any of its covenants contained in this Agreement, the City shall have available to it all legal and equitable remedies afforded by the laws of the State of California. 8.5. Remedies Not Exclusive. The remedies set forth in this section are not exclusive, but are in addition to all legal or equitable remedies otherwise available to the City and Developer. 9. - Conflicts of Law 9.1 Confiict of City and State or Federal Laws. In the event that state or federal laws or regulations enacted after this Agreement has been entered into prevent or preclude compliance with one or more provisions of this Agreement the parties will: 9.1.1.1 Notice and Copies: Provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy and statement of conflict with the provisions of this Agreement. 9.1.1.2 Modification Conferences: The parties will, within 30 days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Affordable Regulatory Housing Agreement 12 13-131 9.1.1.3 City Council Hearinqs. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon this Agreement, the matter will be scheduled for consideration by the goveming board of the City Council. The City Council, at such meeting, will determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Developer, at the meeting, will have the right to offer oral and written testimony. Any modification or suspension will be taken by the affirmative vote of not less than a majority of the authorized voting members of the governing board of the City Council. 9.1.1.4 Coooeration in Securinq Permits. The City shall cooperate with Developer in the securing of any permits which may be required as a result of such modifications or suspensions. 10. - General Provisions 10.1 Severabilitv. The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement will be effective and will remain in full force and effect unless amended or modified by mutual written consent of the parties. 10.2 Entire Aqreement. Waivers and Amendments. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived, cancelled or discharged except by an instrument in writing executed by the both parties 10.3 Capacities of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 10.4 Governinq LawNenue. 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. 10.5 Assiqnment. Subject to the City's prior review and approval, which review and approval shall not be unreasonably withheld, the rights and obligations of Developer under this Agreement may be transferred or assigned and Developer may be released from such obligations upon such transfer or assignment, provided such transfer or assignment is made as a part of the conveyance of the fee of all or a portion of the Real Property. Any such transfer or assignment will be subject to the provisions of this Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform all of the duties and obligations of Developer contained in this Agreement as such duties and obligations pertain to the portion of the Real Property so conveyed. Except as permitted below, transfers of any interest in the Developer entity shall constitute a prohibited transfer hereunder. Affordable Regulatory Housing Agreement 13 13-132 (i) Notwithstanding any other provisions of this Agreement to the contrary, City approval of an assignment of this Agreement or any interest herein shall not be required in connection with any of the following: (a) Any transfers among the principals of the Developer entities so long as the existing principals thereof shall be and remain in management control of the Developer entity with at least a fifty-one percent (51 %) ownership or beneficial interest in the DEVELOPER entity. (b) The granting of temporary or permanent easements or permits to governmental or quasi-governmental agencies to facilitate the development of the Property, or any component thereof. (i) City consent will be granted if: (a) the proposed assignee/transferee expressly assumes, in writing, Developer's obligations hereunder as to times following the effective date of the assignment or transfer; (b) the proposed assigneeltransferee has demonstrated to the reasonable satisfaction of City that such person or entity has adequate financial capacity to fulfill all obligations of this Agreement. 10.6 Enforcement. Unless amended or cancelled as provided in Section 10.2, this Agreement is enforceable by any party to it despite a change in the applicable general or specific plans, zoning, subdivision or building regulations adopted by the City which alter or amend the rules, regulations or policies governing permitted uses of the land, density and design. 10.7 Bindino Effect of Aoreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the parties' successors or assignees in interest. 10.8 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands or requests to be sent to any party shall be deemed to have been properly given or served if (i) personally served, or (ii) deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. City of Chula Vista DeveloDer Attn: Community Development Director Community Development Department WGA Orange Avenue, LP 276 Fourth Avenue 9252 Chesapeake Dr. Chula Vista, CA 91910 San Diego, CA 92123 With a copy to: With a copy to: Attn: City Attorney A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and requests shall be addressed and transmitted to the new address. Affordable Regulatory Housing Agreement 14 13-133 Signature Page to Follow 15 13-134 Affordable Regulatory Housing Agreement IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year first written above. I'CITYII CITY OF CHULA VISTA, a municipal corporation of the State of California By: David R. Garcia, City Manager ATTEST: Susan Bigelow, City Clerk APPROVED AS TO FORM: Ann Moore, City Attorney "DEVELOPER" WGA ORANGE AVENUE, a California limited partnership By: By: Name: ~{l VIe"", [Ip"l:f "'i-q- cYl Its: Date: By: Name: Its: Date: Affordable Regulatory Housing Agreement 16 13-135 EXHIBIT A LEGAL PROPERTY DESCRIPTION All that certain real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: Parcel 1 of Parcel Map No. 15164, in the City of Chula Vista, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego County, on February 29, 1988 as File No. 88-090173 of Official Records. EXHffiIT A 065550-0009 251465.3 doc 13-136 EXHIBIT B FORM OF SILENT SECOND NOTE EXHIBIT B 065550-0009 251465.3 doc 13-137 NOTICE: THIS NOTE MAY REQUIRE PAYMENT OF PRINCIPAL AND INTEREST UPON THE SALE OR TRANSFER OF THE PROPERTY OR UPON A PREPAYMENT. PROMISSORY NOTE SECURED BY DEED OF TRUST $ 2006 Amount Date [Insert Property Address] 1. Borrower's Promise to Pay. For value received, the undersigned, ("Borrower"), promises to pay to the City of Chula Vista ("City"), or order, the sum of ($) with interest accruing thereon as hereinafter provided, and payable as set forth below. It is understood that the City may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. No Interest. This Note will bear no interest unless the Borrower defaults under the terms of this Note, the Deed of Trust securing it and/or the Covenants, Conditions and Restrictions affecting the Property. In the event of default, interest from the Date of this Note shall be calculated at: a) The rate equal to the interest rate of the senior trust deed or, in the event of no sen ior trust deed, b) The prevailing rate of the Prime Rate as published in the Wall Street Journal, on the date of default. 3. Payments and Term. The term of this Note extends for 30 years from the date of the Deed of Trust or until the Borrower sells, rents, refinances, transfers or changes the title of the property designated on the accompanying Deed of Trust, whichever occurs earlier. A transfer constitutes sold, or otherwise conveyed voluntary or involuntary, by operation of law or otherwise. No delay or omission on the part of the City shall operate as a waiver of such right of repayment or of any other right of this Note. The principal amount of this Note, together with the City's proportionate share of any appreciation as further defined, shall be due and payable on or before the date provided by the City in the Notice of Acceleration, which shall not be less than thirty (30) days, if all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed, or transferred or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred and Borrower is not a natural person) (herein called "Transfer) without the prior written consent of the City, as further defined in Section 6 below. The City shall not exercise this right of acceleration if prohibited by federal law as of the date of the Deed of Trust or if the City has executed a separate written waiver of this option. All payments made under this Note shall be paid in Page 1 of 5 13-138 Initials lawful money of the United States to the City of Chula Vista at 276 Fourth Avenue, Chula Vista, CA 91910, Attention: Community Development Department, Housing Division. 4. Market Value Appreciation. In addition to the principal amount of this Note, City shall recapture its proportionate share of any appreciation. iThe City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. Borrower shall retain value of any improvements, down payment and proportionate share of any appreciation. "Improvements" shall be defined as any permanent improvement (i.e. fixed improvement that will remain with the property such as installation of hardwood floors) approved by the City in writing. The principal amount of the Note and proportionate share of any appreciation are immediately due and payable upon Transfer. A sample calculation is illustrated below: Initial Fair Market Sales Price $ Moderate Income Affordable Price $ City Share (Fair Market Price-Moderate Income Price) $ Percentaee Value of Citv Share 400,000 (280,000) 120,000 33.0% Re-Sale Price Assumed Initial Borrower Downpayment and Improvement Costs $450,000 $16,000 Re-Sale Price-Initial Fair Market Price Appreciation $50,000 $34,000 TOTAL DUE TO CITY TOTAL DUE TO HOMEOWNER $ $ 131,220 318780 5. Market Value Depreciation. If upon resale, the market value is lower than the initial sales price, then the Note amount shall be reduced by subtracting the current market value from the initial sales price. The resulting sum will then be subtracted from the Note amount. 6. Transfer. A transfer constitutes sold, or otherwise conveyed, voluntary or involuntary, by operation of law or otherwise. The following shall not constitute a Transfer, but require the prior written consent of the City: (a) A transfer of the Property from a deceased Borrower to the surviving spouse of the Borrower if the surviving spouse is also named as a Borrower; (b) A transfer of the Property by a Borrower to his/her spouse pursuant to which the spouse becomes a co-owner of the Property; (c) A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property; Page 2 of 5 13-139 Initials (d) A transfer of the Property to a Borrower to an inter-vivos trust in which the Borrower is the sole beneficiary; A transfer by means of encumbering the Property with a lien that is a junior lien to the lien securing the loan to Borrower evidenced by the Deed of Trust. (e) A conveyance by sale or otherwise, to a party which the City of Chula Vista City Manager, or his designee, determines meets all the requirements to be deemed a "Low Income Buyer" as defined in the "Affordable Housing Regulatory Agreement" filed for record with the County recorder of the San Diego County on , 2006 as Document No. 2006- 7. Prepayment. Borrower has the right to prepay the principal without incurring any penalty, apart from any interest that may be due under default provisions above. In the event that Borrower chooses to prepay the Note, Borrower must notify Note Holder in writing. If the property is not for sale or in escrow at the time of such notification, no equity share will be due. Only the full amount of the principal will be due to the City. If the property is for sale or in escrow at the time of notification, the Note will be part of the escrow and Borrower will incur appropriate equity share as an obligation. 8. Default Under Deed of Trust. Notwithstanding any other provisions of the Note, if default occurs in any of the covenants or agreements contained in the Deed of Trust securing this Note, this Note shall immediately become due and payable in full at the option of the City. In the event the City exercises such option, the amounts due and payable shall be the principal balance remaining on the Note and other amounts owing, together with accrued but unpaid interest as described above. 9. Attorneys' Fees. Should suit be commenced to collect on this Note, or any portion thereof, such sum as the court may deem reasonable shall be added hereto as attorneys' fees. 10. Time. Time is of the essence herein. 11. Amendments. This Note may not be modified or amended except by an instrument in writing expressing such intention and signed by an authorized representative of the City and Borrower. 12.Severability. If any term or prOVISion hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity and binding effect of the remainder of this Note upon the parties. 13.Borrower's Waivers. Borrower waives any rights to require the City to perform certain acts. Those acts are: (a) To demand payment of amounts due (known as "presentment"). (b) To give notice that amounts due have not been paid (known as "notice of dishonor"). Page 3 of 5 Initials 13-140 (c) To obtain an official certification of non-payment (known as "protest"). 14. Giving of Notices. Any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it first class mail or by certified mail, return receipt requested, addressed to Borrower at the address set forth above. A notice that must be given to the City under this Note will be given by mailing it certified mail, return receipt request, to the City at the address stated in Section 3 above. Any party may change its address by a notice given to the other party in the manner set forth in this Section. 15. Joint and Several Responsibility. If more than one person executes this Note, each is fully and personally obligated to pay the full amount owed and to keep all promises in this Note. Page 4 of 5 13-141 Initials Date: NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. Borrower's Name Borrower's Name Page 5 of 5 Initials 13-142 EXHIBIT C FORM OF SILENT SECOND TRUST DEED EXHIBIT C 13-143 065550-0009 251465.3 doc WHEN RECORDED PLEASE MAIL TO: CITY OF CHULA VISTA Community Development Department Housing Division 276 Fourth Avenue Chula Vista, CA 91910 THI DEED OF TRUST THIS DEED OF TRUST, is made this _ day of , 200_, among the Trustor(s), , a (herein "Borrower"), and the City of Chula Vista (herein "Beneficiary") a public body, corporate and politic, whose address is 276 Fourth Avenue, Chula Vista, CA 91910. BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the City of Chula Vista, County of San Diego, State of California [which has the address of property address here (herein "Property Address")]: SEE EXHIBIT NA" ATTACHED HERETO FOR LEGAL DESCRIPTION Said Deed of Trust is second and subsequent in lien to a First Deed of Trust recording concurrently herewith in favor of the first lien holder, xxx, a California Corporation in the amount of xxxx and 00/100 Dollars; TOGETHER with all the improvements now and hereafter erected on the Property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to the Beneficiary to collect and apply such rents), all of which shall be deemed to be and remain part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property"; TO SECURE to the Beneficiary the repayment of the indebtedness evidenced by Borrower's promissory note, dated , 200_ and extensions and renewals thereof (herein "Note"), in the principal sum of xxx and 00110 Dollars ($xxx), if not sooner paid, is due and payable 30 years from the date of this Deed of Trust. If all or any part of the Property or any interest in the property is sold, rented, refinanced, conveyed or transferred, (each of which is called a "Transfer") without the prior written consent of Beneficiary the Note shall become due and payable immediately. Upon resale Borrower shall retain value of any improvements, down payment and proportionate share of any appreciation. City shall recapture its proportionate share of any appreciation, which is equal to the percentage by which the initial sales price of the moderate Page 1 of13 Initials 13-144 income unit was less than the fair market value of the home at the initial time of sale. This recapture provision shall be more fully explained in the related Promissory Note. Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Borrower's subject property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS Borrower and Beneficiary covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note. If payment of the indebtedness is required due to a Sale of the Property where the purchase price is equal to or less than the Acquisition Cost of the Property, assuming an open and competitive sale, then repayment shall be made in the following order and amount: (a) Outstanding principal and interest balance of the primary lender's loan; (b) Borrower's initial down-payment investment and normal cost of sale; (c) Borrower's value of any permanent improvements approved by the City; (d) Accrued simple interest on the principal amount of the Beneficiary's loan at the interest rate and the terms contained in the Promissory Note; (e) The principal amount of the Beneficiary's loan; and (f) Any remainder to borrower. 2. Market Value Appreciation/Depreciation. In addition to the principal amount of this Note, City shall recapture City's proportionate share of any appreciation. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. Borrower shall retain value of any improvements, down payment and proportionate share of any appreciation. "Improvements" shall be defined as any permanent improvement (i.e. fixed improvement that will remain with the property such as installation of hardwood floors) approved by the City in writing. The principal amount of the Note and proportionate share of any appreciation are immediately due and payable upon Transfer. If upon resale, the market value is lower than the initial market value, then the Note amount shall be reduced by subtracting the current market value from the initial sales price. The resulting sum will then be subtracted from the Note amount. Page 2 of 13 Initials 13-145 3. Funds for Taxes and Insurance. To protect the security of the Deed of Trust, Trustor agrees to pay, at least ten (10) days before delinquency, all taxes and assessments affecting said property; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; and all costs, fees and expenses of this Deed of Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary, without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay h islher reasonable fees. 4. Application of Payments. Unless applicable law provides otherwise, all payments received by Beneficiary under section 1 and 2 shall be applied; first, to any prepayment charges due under the Note; second, to amounts payable under section 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 5. Prior Mortgages and Deeds of Trust; Charges; liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 6. Hazard Insurance. Borrower shall keep the improvement(s) now existing or hereinafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Beneficiary may require and in such amounts and for such periods as Beneficiary may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Beneficiary; provided, .that such approval will not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Beneficiary and shall include a standard mortgage clause in favor of and in a form acceptable to Beneficiary. Beneficiary has the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly by Borrower. If Property is abandoned by Borrower, or if Borrower fails to respond to Beneficiary within 30 days from the date notice is mailed by Beneficiary to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Beneficiary is authorized to collect and apply the insurance proceeds at Beneficiary's option either to .restoration or repair of the Property or to the sums secured by this Deed of Trust. Page3of13 Initials 13-146 7. Preservation and Maintenance of Property, Condominium, Cooperatives, Planned Unit Developments. Borrower will keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall maintain property including the principle house, garage, and out buildings as well as lawn maintenance, and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants, conditions and restrictions, creating or governing the condominium, planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 8. Protection of Beneficiary Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, then Beneficiary, at Beneficiary's option, upon notice to Borrower, may make such appearances, disburse such sums including reasonable attorneys' fees, and take such action as is necessary to protect Beneficiary's interest. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Beneficiary's written agreement or applicable law. Any amounts disbursed by Beneficiary pursuant to this Paragraph, with interest thereon, at the original Note rate, will become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Beneficiary agree to other terms of payment, such amounts will be payable upon notice from Beneficiary to Borrower requesting payment thereof. Nothing contained in this Paragraph will require Beneficiary to incur any expense or take any action hereunder. 9. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspections of the Property, provided that Beneficiary will give the Borrower notice prior to any such inspection specifying reasonable cause therefor related to Beneficiary's interest in the Property . 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Beneficiary subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. 11. Borrower Not Released; Forbearance by Beneficiary Not a Waiver. Extension of the time for payment or modification of payment of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Beneficiary shall not be required to commence proceedings against such successor or to extend time for payment or otherwise modify payment of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 12. Successors and Assil:ns Bound, Joint and Several Liability; Co-sil:ners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective Page 4 of 13 Initials 13-147 successors and assigns of Beneficiary and Borrower, subject to the provisions of Paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note: (a) Is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) Is not personally liable on the Note or under this Deed of Trust, and (c) Agrees that the Beneficiary and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property . 13. Notice. Except for any notice required under applicable law to be given in another manner, any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail, addressed to Borrower at the Property address or such other address as Borrower may designate by notice to Beneficiary as provided herein, and (a) Any notice to Beneficiary will be given by certified mail, return receipt requested, to Beneficiary address stated herein or to such other address as Beneficiary may designate by notice to Borrower as provided herein. (b) Any Notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Beneficiary when given in the manner designated herein. 14. Governinll law, Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 15. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and this Deed of Trust at the time of execution or after recordation hereof. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed or transferred and Borrower is not a natural person), the loan shall become immediately due and payable, unless approved by the City in accordance with the provisions below. The following shall not constitute a Transfer: (a) A transfer of the Property from a deceased Borrower to the surviving spouse of Borrower if the surviving spouse is also named as a Borrower; Page 5 of 13 Initials 13-148 (b) A transfer of the Property by Borrower to his/her spouse pursuant to which the spouse becomes a co-owner of the Property; (c) A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property; (d) A transfer of the Property by Borrower to an inter-vivos trust in which Borrower is the sole beneficiary and which is done for estate planning purposes only and does not result in any change in possession of the Property; (e) A refinancing to which Beneficiary under this Deed of Trust is obligated to subordinate this Deed of Trust; and (f) A refinancing which does not result in cash excess paid to Borrower or which is used for debt consolidation, equity line of credit or similar purposes. (g) A conveyance by sale or otherwise, to a party which the City of Chula Vista City Manager, or his designee, determines meets all the requirements to be deemed a "Moderate Income Buyer" as defined in the "Affordable Housing Regulatory Agreement" filed for record with the County recorder of the San Diego County on , 2007 as Document No. 2007- Provided that Borrower is not in default under the terms of the Note or this Deed of Trust, no interest shall accrue under the Note. Nothing contained in this Paragraph or Section 8 of the Note shall be construed as a promise by Beneficiary to forgive or relinquish the right to seek repayment of the principal of the Note. NON-UNIFORM COVENANTS Borrower and Beneficiary further covenant and agree as follows: 17. Acceleration, Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, and those contained in paragraph 17 hereof, the Beneficiary, prior to acceleration, shall give notice to Borrower as provided in Paragraph 12 hereof specifying: (a) The breach; (b) The action required to cure such breach; Page 6 of 13 Initials 13-149 (c) A date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (d) That failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property . The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration of sale. If the breach is not cured on or before the date specified in the notice, Beneficiary, at Beneficiary's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Paragraph 17, including, but not limited to, reasonable attorneys' fees. If Beneficiary invokes power of sale, Beneficiary shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Beneficiary's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Beneficiary or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or Beneficiary's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) To all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) To all sums secured by this Deed of Trust; and c) The excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Rillht to Reinstate. Not withstanding Beneficiary's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Beneficiary all sums, which would be then due under this Deed of Trust, and the Note, had no acceleration occurred; Page 7 of 13 Initials 13-150 (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in the Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided in Paragraph 18 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assillnment of Rents; Appointment of Receiver; Beneficiary in Possession. As additional security hereunder, Borrower hereby assigns to Beneficiary the rents of the Property, provided that Borrower shall, prior to any default by Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, have the right to collect and retain such rents as they become due and payable. . Upon any such default, the Beneficiary, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the property including those past due. All rents collected by Beneficiary or the receiver shall be applied first to payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Beneficiary and the receiver shall be liable to account only for those rents actually received. The entering upon and taking possession of said property and the collection of such rents and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Property an<;! will surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 21. Substitute Trustee. The Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Beneficiary and recorded in the office of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. PageBof13 Initials 13-151 22. Request for Notices. Borrower requests that copies of the Notice of Default and Notice of Sale be sent to Borrower's address, which is the Property Address. Beneficiary requests that copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Beneficiary's address, as set forth on Page One of this Deed of Trust as provided by Section 2924b of the Civil Code of California. 23. Fee for Requested Statements. The Beneficiary may charge a fee not to exceed Sixty Dollars ($60.00) for furnishing the statement of obligation as provided in Section 2943 of the Civil Code of California. 24. Deed of Trust Rider. The Deed of Trust Rider executed by Borrower is attached and made part of this Deed of Trust. 25. Covenants, Conditions and Restrictions. The Property is subject to Covenants, Conditions and Restrictions ('Restrictions") between the Beneficiary and the Borrower, that are not attached hereto but are incorporated by reference. Borrower acknowledges receipt of said Restrictions and agrees for him/her self/ his/her heirs, successors and assigns to be bound by the same. 26. Warranties of Borrower. Borrower warrants to City that: (a) Borrower is a first-time homebuyer; that is, s/he has not owned a home, or had any ownership interest in a home within a three-year (3 year) period immediately preceding the date of this Deed of Trust, and (b) That Borrower's annual gross income does not exceed eighty percent (80%) of the median income for the San Diego metropolitan area, as adjusted for family size, as said median income is determined by the U.S. Department of Housing and Urban Development (HUD), on the latter of: 1. The date of initial application to the City; or 2. The date of the recordation of this Deed of Trust. (c) That for so long as Borrower owns the Property, Borrower will reside in the Property as Borrower's principal place of residence. Borrower agrees not to sublet, lease or rent out the Property during the term of this Deed of Trust. 27. Subordination. The Beneficiary and Borrower acknowledge and agree that this Deed of Trust is subject to and will subordinate in all respects to the liens, terms, covenants and conditions of the First Trust Deed and to all advances heretofore made or wh ich may be hereafter be made pursuant to the First Trust Deed including all sums advanced for the purpose of: (a) Protecting or further securing the lien of the First Trust Deed, curing defaults by the Borrower under the First Trust Deed or for any other purpose expressly permitted by the First Trust Deed, and (b) Constructing, renovating, repairing, furnishing, fixturing or equipping the Property. Pag.901l3 Initials 13-152 The terms and provisions of the First Trust Deed are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure of deed in lieu of foreclosure of the First Trust Deed, any provisions herein or any provision in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his/her successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Trust Deed shall receive title to the property free and clear from such restrictions. Further, if the Primary Lender acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Deed of Trust shall automatiCally terminate upon the Primary Lender's acquisition of title, provided that: (a) The Beneficiary has been given written notice of a default under the First Trust Deed, and (b) The Beneficiary shall not have cured the default under the First Trust Deed, or diligently pursued curing the default as determined by the Primary Lender, within the 60-day period provided in such notice sent to the Beneficiary. The Beneficiary and Borrower further acknowledge and agree that this Deed of Trust will only subordinate for a rate and term refinance of the First Trust Deed at the discretion of the Beneficiary and shall not be subject to subordination for a cash out refinance, equity line of credit or any other such form of refinance as deemed inappropriate by the Beneficiary. 28. Funds for Taxes and Insurance. The Beneficiary will waive collection of impounds for taxes and assessments (including condominium, planned unit development and planned residential development assessments, if any). Borrower will make all payments for impounds to First Trust Deed holder. 29. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] o Transfer Rider o 1-4 Family Rider o Other(s) [specify]: o Condominium Rider o PU D Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Page 10 of 13 Initials 13-153 ACKNOWLEDGMENT: State of California County of San Diego On before me, , Notary, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: DO NOT RECORD THIS PAGE Page 11 of 13 Initials 13-154 REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: DO NOT LOSE OR DESTROY THIS DEED OF TRUST OR THE NOTE WHICH IT SECURES. BOTH MUST BE DELIVERED TO THE TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WI LL BE MADE. Page 12 of 13 Initials 13-155 EXHIBIT "AU LEGAL DESCRIPTION Pagel3ofl3 Initials 13-156 EXHIBIT D FORM OF SUPPLEMENTAL BUYER APPLICATION EXHIBIT D 13-157 065550-0009 251465.3 doc SCHEDULE 1 LIST OF MARKET RATE PRICES SCHEDULE 1 06SSS0-UOO9 251465.3 doc 13-158 . ~"" ~ \Lf-- Good evening Madam Mayor and Counsel Members, Thank you for allowing us time to speak on this subject in our effort to ensure we have adequate religious facilities for the new century. Since our facilities dedication back in 1921, St. Rose of Lima Parish has supported religious and educational needs for our community. Our community scrimped and saved through the depression years to build these facilities that have served us for nearly 85 years. We the parishioners of St. Rose of Lima have undertaken our capital campaign to raise funds for building and replacing facilities. After lengthy discussions we have determined that our present facilities are inadequate for our growing parish needs, the largest Catholic diocese in San Diego County. Current facilities do not promote a sense of community, or allow for continued growth. For our parish to flourish in coming generations we must be allowed to enhance all aspects of our parish life. A short review of why current facilities are considered inadequate? Church Facilities: I) Inadequate in both in size and design. 2) We must face the demands of growing urbanization on the western side ofChula Vista. 3) The existing church is a 1965 facility, which requires expensive maintenance to operate. a. It does not meet the requirements of the Americans with Disability Act (ADA) for facility access. b. It has extensive asbestos and lead based paint. c. It does not meet the new building code for earthquake protection. Education Center: I) The facility is old and worn out 2) Costly upgrades to support plumbing, electrical, ADA, earthquake, and habitability including traffic noise and ventilation. 3) The rooms are noisy and do not foster modem learning methods. Enhancing this academic environment, will require replacement of these rooms. Philip Gaughan 455 Rivercreek Ct. Chula Vista, CA 91914-2017 Parish Meeting Hall: 1) This facility is too small a meeting space to support our growth. 2) Requires expensive maintenance. 3) Does not meet current earthquake building codes. We have explored alternatives to overcome these concerns through obtaining a larger property site within the parish boundaries, but no site is available. Purchase of adjacent property to expand the existing campus was cost prohibitive. We also performed a cost analysis and a construction feasibility test for renovating and expanding the existing church versus building a new church. The costs involved in renovation almost equaled the cost of building a new church that would seat just 1000 people, or approximately 250 more than the current capacity. Increasing the size of the existing church to have the desired 1500 seat capacity was not feasible based on cost and other limitations inherent in the existing church structure and concerns I previously listed. We have developed these plans to support long term facility needs for our parish, which continues to grow. Our Dream Team has explored, developed, and concluded the existing site can accommodate long term parish needs with replacement of current facilities. The Conditional Use Permit (CUP) for our new facilities was approved by the City of Chula Vista Planning Commission this past June. This permit will allow us to begin construction of our new Educational Center and new Parish Hall in accordance with the phased construction plan. With our new facilities we hope the community can worship well into the future. It is the dream of our parish to support our three necessary religious elements educational, meeting hall, and church. We believe it is time to create three new facilities to meet the needs of our ever-growing parish community, and to build them in such a way that will allow the Mission of Christ to be accomplished. Again thank you for allowing me time to speak on the issue with your leadership and support together we can accomplish our facilities replacement. .,i':.:( Cr:i:.rUII';;j DU:'(:::iq C,ocie 20Dl (:)L~{ I ::;CI./] , C(,:;' C2~ fDrT ;:1 t)i;::c,nq CC(I'2 2001 (Tit!';; ,;:i] ":"fl Philip Gaughan 455 Rivercreek Ct. Chula Vista, CA 91914-2017 CITY COUNCIL AGENDA STATEMENT ~'Yf:. CllY OF "H~ CHULA VISTA ITEM TITLE: July 17, 2007, Itemft PUBLIC HEARING: PCZ-07-02/PCC-06-042; Consideration of the following applications filed by St. Rose of Lima Catholic Parish for 3:9 acres located at the northeast comer of Third Avenue and H Street: a. PCZ-07-02-Zoning-Modification to establish Precise Plan Modifying District (P) for the underlying Apartment Residential Zone (R-3); and adopt Precise Plan Standards for the subject property. b. PCC-06-042-Conditional Use Permit for the renovation and expansion of an existing church campus. ORDINANCE: of the City Council of the City of Chula Vista adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 1S-06-13, amending zoning map or maps established by Chula Vista Municipal Code Section 19.18.010 to establish the Precise Plan Modifying District and adopt Precise Plan Standards for 3.9 acres at the northeast comer of Third Avenue and "H" Street currently zoned R3, Apartment Residential. RESOLUTION: of the City Council of the City of Chula Vista approving Conditional Use Permit to allow the renovation and expansion of an existing church/school facility known as St. Rose of Lima Catholic Parish located at the northeast comer of Third Avenue and "H" Street. SUBMITTED BY: Dire,to, ofP1",""o, \,d BillJdin~ City Manager ~l ~ Acting Assistant b~ Manager 71 REVIEWED BY: 4/STHS VOTE: YES D NO ~ 14-1 Page 2, Item L Meeting Date: 7/17/07 BACKGROUND The 3.9-acre project site at the northeast comer of Third and "H" Street has been utilized as a church campus since 1921. Since that time, a parochial school was added, and the site layout of campus facilities has been reconfigured at various times. The applicant is requesting a phased renovation and expansion of church campus in order to 1) upgrade the existing facilities and 2) provide for anticipated growth. The request includes a Zoning Modification to allow the establishment of Precise Plan Modifying District and special development standards for the unique landmark quality urban setting of this project. A Conditional Use Pennit is also requested to allow for the proposed church/school campus modification and expansion at this location. . ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study IS-06-013 in accordance with the CEQA. Based upon the results of the Initial Study, the Environmental Review Coordinator determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-013 and associated Mitigation Monitoring and Reporting Program. RECOMMENDATION Adopt the Ordinance for PCZ-07-02 and Resolution for PCC 06-042 based upon the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDATION On June 26, 2007, the Planning Commission reviewed the proposed project and voted (4-0-3-0) (Moctezuma, Felber and Clayton absent) to recommend that the City Council adopt the Ordinance and Resolution approving the zone modification and conditional use permit based on the findings and subj ect to the conditions contained therein. On November 6, 2006, the project received a preliminary review by the Design Review Committee (DRC). On May 7, 2007, the project went back to DRC for formal review and approval. The Committee approved the project by (3-0-1-0 vote with Alberdi abstaining) subject to certain conditions (see Attachment 8) On April 16, 2007, the Resource Conservation Committee (RCC) discussed the adequacy of the Mitigated Negative Declaration (MND) for St. Rose of Lima Catholic Parish. Following a presentation by the applicant and discussion by the RCC, two votes were taken. The first vote (4-0-0-0 with Reid, Macias and Davis recused) found that the Initial 14-2 Page 3, Item~ Meeting Date: 7/17/07 Study was adequate with regards to the MND. The second vote (4-0-0-0 with Reid, Macias and Davis recused) was a request that the future architecture for the new church/sanctuary incorporate the current existing architectural mission theme. This has been incorporated as a Design Review condition of approval. DISCUSSION Background: On April19, 2007, a neighborhood meeting was held to present the proposed project to the surrounding residents and solicit their input. Although a notice was mailed to residents within 500 feet of the project site regarding the neighborhood meeting, no residents attended. The site has been used as a church campus since the original church was constructed on the site in 1921, at the southeast corner of Third Avenue and Alvarado Street. In 1948, the main portion of existing school was added to the campus along Third Avenue. In 1950, the original church was relocated to the southwest corner of Third Avenue and H Street. The only Conditional Use Permit on record (C-63-3) was approved by the City Council on August 19, 1963 for the construction of a new church/sanctuary and to add office space to the existing rectory. This new and relocated church/sanctuary facility currently exists along the southern portion ofthe site, along H Street. The four conditions of approval contained in the approving Planning Commission and City Council Resolutions were previously implemented and are included in this new Conditional Use Permit recommendation. No hours of operation were delineated (see Attachment 3). Project Site Characteristics: The project site consists of a 3.9-acre rectangular shaped parcel located at the northeast corner of Third Avenue and "H" Street. The site contains an existing church campus consisting of five facilities: a church/sanctuary, parochial school, parish hall, rectory and pastoral center. The site contains surface parking to accommodate 191 vehicles. The following table summarizes the existing and surrounding land uses to the project site: Site General Plan Existing Zoning Current Land Vse Orientation Site Transit Focus Area R-3 Existinl1" church camnus North Transit Focus Area, VCI, R3, R3P14 CommerciaVSingle-Multi- Family Residential Hil1"h Residential South Transit Focus Area VCI Commercial Office East Residential- R31R3P14 Multi-Family Residential Medium-High; Residential-Hil1"h West Transit Focus Area VCI Commercial Office 14-3 Page 4, Item--1L Meeting Date: 7/17/07 Proj ect Description: Conditional Use Permit The project consists of a new school, parish hall, church/sanctuary and other site improvements including landscaping and a renovation of the parking lot area on the east side of the campus. Off-site shared parking at the Gateway Center parking structure directly west of the project side, across Third Avenue, is also proposed to meet the church parking requirements (refer to shared parking discussion on page10 of this report). The project is proposed to be implemented in three construction phases, more specifically described below. Phase 1 - This construction phase includes the demolition of a portion of the existing school (3,650 s.f.) and construction on a new 23,226 square foot two story school at northwest comer of the campus. During this phase, the existing church, parish hall, rectory and pastoral center will remain, along with the existing parking lot area containing 178 spaces. Since a total of 229 parking spaces are required overall, 51 parking spaces are proposed off-site at the Gateway office complex to the west (see Attachment 4). A two party parking agreement for the off-site shared parking spaces is required for this phase. Phase 2 - This phase includes demolition of the remaining 13,422 s.f. the existing school and the construction of a new 14, 027 s.f. parish hall. The on-site parking capacity will be reduced from 178 to 165 spaces (for a loss of 13 spaces). The existing church, rectory and pastoral center will remain during this phase. The off-site, shared parking agreement would be modified to accommodate 64 parking spaces. Thus, a total of 229 total parking spaces will be provided as required for the first two phases and existing development on the site (see Attachment 4) Phase 3 - Phase 3 will include demolition of existing 9,936 sq. ft. church/sanctuary (which has a seating capacity of 800) and construction of a new 14,027 s.f. church/ sanctuary with 1,500 seat capacity. The new sanctuary will be relocated to the southwest comer of the subject property. During this phase, the project also proposes the demolition of the existing parish hall and adjacent rectory building. Parking lot and landscaping will be completely reconfigured. A total of 429 parking spaces are required at this build-out phase. A total of 169 parking spaces will be provided on-site. The off- site shared parking agreement would again be modified to provide a minimum of 260 off- site parking spaces (see Sheets A.O and AO.2a and b, Attachment 9). Operational Profile Operational Profile including number of employees and hours of operation are described in the following table: 14-4 Page 5, ItemJL Meeting Date: 7/17/07 St Rose of Lima Parish Existing Proposed Operational Profile Existing Proposed (Phase 1) SCHOOL Total Number of Students: 342 400 Pre-school 0 53 K-8th grade 342 342 Number of school employees (including teachers) 34 36 Before School Student Drop-Off M-F 7:00 a.m. to 8:00 a.m. Same as existing Hours School Hours M-F 8:00 a.m. to 2:30 p.m.; Same as existing Saturdav 8:00 a.m. to II :00 a.m. After School Student Pick-Up M-F 2:30 p.m. to 3:00 p.m. Same as existing Hours After School Care M-F 2:30 p.m. to 6:00 p.m. Same as existin" CHURCHlSACTUARY . Total Number of Employees (includes 28 same cler"" and I~v) . Hours of Operation: Services: Saturday 5 :00 p.m. and Services: Saturdays 7:30a.m to 6:30 p.m. 10:00 am; 5:00 p.m. to 7:30 Sundays 7:00 a.m. to 6:00 p.m. p.m. Weekdays 6:15 a.m.; 8:00 a.m. Sundays 7:00 a.m. to 8:30 p.m. plus 6:30 p.m. on Thursdays Weekdays 6:15 a.m; 8:00 a.m.; Funerals: Monday-Friday 9 a.m.; 5:00 p.m.-7:30 p.m. 11 :00 a.m. Funerals: Monday-Friday Weddings: Saturdays II a.m.; 9 a.m. to noon 1:00 p.m. and 3:00 p.m Other Liturgies: Saturdays 10 Other group meetings during a.m. to 4:00 p.m.; 7:0Op.m.- evening hours Mon-Fri. 9:30 p.m. Other group meetings/small liturgies during evening hours Mon-Fri . Total Number of Major Weekend Services 8 same P ARlSH SOCIAL HALL Monday-Friday 6:00 p.m. to 9:30 Monday-Friday 4:00 p.m. to Hours of operation p.m.; Sat/Sun 9:00 a.m. to 9:00 10:00 p.m.; Sat/Sun 7:00 a.m. p.m to 11:00 p.m. Upper floor used by school Upper floor to be used by during normal school hours school during normal business hours PASTORAL CENTER Mon-Fri 8:30 a.m. to 6:00 p.m. Monday-Friday 8:00 a.m. to Hours of Operation: 9:00 p.m. Parish Office Monday-Friday 8:30 a.m. to 6:00 Other Offices/small chapel p.m.; Sat/Sun 9:00 a.m. to 4:00 Mon-Fri 8:00 a.m. to 9:00 p.m.; (accommodates approximately 33 p.m. Sat/Sun 9:00 a.m. to 6:00 p.m. persons) 14-5 Page 6, Item~ Meeting Date: 7/17/07 Zoning Modification The applicant is requesting to modify the zoning of the subject site to establish a Precise Plan Modifying District (P) for the project site. Precise plan development standards are being proposed for the project due to the unique nature of the site and surrounding area. The Precise Plan Standards include development standards related to building height/setbacks and shared parking provisions (see Attachment 6) Project data: REOUlRED/ALLOWED PRECISE PLAN PROPOSED Existing - 191 Allows for the required off-site Parkin!! Proposed parking spaces at each construction phase. Shared Phase I = 178 spaces on-site and 51 Parkin!! Required: parking will be allowed in spaces off-site (total 229) conjunction the following: 1) Phase II = 165 spaces on-site an 64 Phase I = 229 parking study showing excess spaces off-site (total 229) Phase II = 229 parking available from donor Phase III = 169 spaces on-site and Phase III = 429 during time of applicants need 260 spaces off-site (total 429) for such spaces; 2) copy of agreement between Donor and Reciuient. Setbacks Required: Setbacks Proposed: Setbacks Proposed: Existing required (H Street) = 5 H Street = 0 H Street = 0 to 25 ft. Existing required (Third Ave) = Third Avenue = 0 Third Avenue = 0 5ft Existing required (Alvarado) = Alvarado St. = 0 Alvarado St. = 0 5 to 20 ft. Interior = 5 feet N/A 5 ft. Building Height Maximum Building Height Proposed: 54 Building Height Proposed: 54 ft. Existing Maximum: 45 feet ft. (bldg.) 90 feet (top of (building) 90 feet (top of spire)"" suire)"" Interior Side Fence Maximum Interior Side Fence Height Interior Side Fence Height Hei!!ht : 6 feet Maximum: 8 feet Maximum: 8 feet ""Per Section 19.16.040 of Municipal Code, church tower is exempt from height regulations. Analysis: Conditional Use Permit The applicant is proposing that the three new/replacement buildings be sited with a pedestrian orientation along the adj acent streets. This is consistent with the goal of the Urban Core Specific Plan, which surrounds the proj ect site on three sides. This will open up most of the eastern portion of the site for a centralized parking field rather then the segmented parking arrangement that currently exists. The proposed school will wrap around the northwest comer of the site with two wings, the larger area along Alvarado 14-6 Page 7, ItemL Meeting Date: 7/17/07 Street and the smaller along Third Avenue. The new parish hall building will be located along Third A venue just south of, and connected by second floor pedestrian bridge to the new school to the north. The new church/sanctuary is proposed just south of the new parish hall, where it will flank the corner of Third Avenue and H Street (see sheet A.O.O of Attachment 9). The only existing building, which will remain is the pastoral center located on the northeast portion of. the site. Because the pastoral center is oriented towards, and takes its access off of, Alvarado Street, it will not detract from the overall pedestrian orientation being proposed. The existing parking area to the west and east of the pastoral center will remain, which also will continue to provide the main ingress/egress for drop-off and pick-up of students, for up to a maximum of 400 students. Said existing driveways will provide access to the main parking field directly to the south. . Operational ProfilelHours of Operation There will be minimal changes to the existing operational profile and hours of operation. As discussed in the following section, the new school facility will accommodate two new preschool classrooms. This will necessitate two additional teachers, increasing the total number of school employees from 34 to 36. While the hours of operation will be increased slightly from existing, the primary reason for such increase in hours is to accommodate and provide flexibility to the actual hours of services. As noted in the table above, the total of number of weekend services will remain at a maximum of eight. Any increase in number of weekend services will require approval by the Zoning Administrator. Despite the doubling in size of the church/sanctuary facility, no changes are proposed in terms of number of church employees. Phased Development The applicant is proposing a master plan which in broken down into three separate construction phases. It is anticipated that Phase I will commence within six months of project approval and should take approximately 18 months to complete. Phase II should commence within six months following completion of Phase 1. Phase III, which involves construction of the church/sanctuary is anticipated to commence five to seven years from the date of project approval. These development phases and the accompanying changes in on-site facilities are analyzed in more detail below: Phase I (Parochial School) - A new two-story parochial school will be constructed during Phase 1. The existing one story 17,072 s.f. school facility has existing on the project site since 1948 and currently consists of three separate detached buildings. The largest of the three buildings, approximately 10,000 s.f., is located off of Third Avenue, the second building, approximately 3,650 s.f. is located at the northwest corner of the site, and the third building, approximately 3,420 s.f. is located near the center of the site. Rather than doing a major upgrade to the existing school facility and in order to accommodate additional classroom space for a preschool, a new school building is proposed. The new school will be 23,226 square feet in a two- story building. School will have a maximum capacity of 400 students. 14-7 Page 8, ItemJL Meeting Date: 7/17/07 Due to the proposed location of the new school, only the detached 3,650 s.f. structure at the northwest comer of the site will be demolished during Phase 1. The two story facility will require less building lot coverage on the site, which will provide land needed for additional playground areas. While the new school will continue to operate one classroom for each grade (K-12), it will also include two new preschool classrooms which can accommodate up to 56 students. As a result, the student enrollment numbers increase from 342 to 400 students, to accommodate the preschool. The school will continue its same operating hours and will increase total school employees by approximately two in order to accommodate the new preschool. Phase II (Parish Hall) - The site contains an existing one-story parish hall building, which is approximately 9,400 square feet in size. A new two-story facility, approximately 14,000 square feet in size, will be constructed during this second phase. The remaining portion of the existing school (approximately 13,400 s.f.) will be demolished in order to accommodate the new and relocated parish hall. The 8,000 square foot first floor of the new parish hall facility will accommodate a large (320 dinner seat) social hall with adjacent catering kitchen. The large social hall component can also be partitioned off to create four separate meeting rooms. The 6,000 square foot second floor will be used as a multi-purpose room. A second floor bridge is proposed between the multi-purpose room and the second floor of the school to facilitate the rooms use by student activities during normal school hours. Phase III (Church/Sanctuary) - The eXlstmg church/sanctuary facility is approximately 10,000 s.f. in size and contains 800 seats. A new church/sanctuary facility approximately 25,000 s.f in size and will contain 1,500 seats. The new facility is planned for the third and final phase of construction. It is anticipated that this final construction phase may not commence for between five and seven years. Rather than doing a major upgrade of the existing facility to accommodate the needs for a larger seating capacity, the new church is being proposed. In addition, the church/sanctuary will be relocated to the southwest corner of the site. The church is located in a prominent location in downtown Chula Vista. Due to its location, the church anticipates the needs of a growing congregation size. This growth is anticipated due to the proposed increases in residential densities of the immediate surrounding areas as well as the increased population of the master planned communities to the east. The relocation of the church/sanctuary facility from its existing location will 1) help to facilitate a better on-site parking field arrangement and 2) better facilitate pedestrian access both from parishioners who choose to park off-site at the Gateway Center parking structure to the west as well as from surrounding residential areas. The main entrance to the new church/sanctuary facility will be from an interior gathering area at the northeast comer of the building. A secondary entrance to the church is being provided at the southwest corner of the building to facilitate pedestrian access. 14-8 Page 9, Item~ Meeting Date: 7/17/07 Parking and Pedestrian Circulation Pursuant to Chapter 19.62 of the Chula Vista Municipal Code, parking demand is based upon the seating capacity of the sanctuary, at a rate of one parking space per 3.5 seats. Based upon a total of 1,500 seats proposed, a total of 429 parking spaces are required at the time the new church/sanctuary is constructed (Phase III). The applicant is proposing to provide for a portion of the required parking on-site. The remaining parking will be provided off-site. The applicant is proposing to utilize an office building parking facility (Gateway office building). Parking agreements between the church and office building parking facility owners (Gateway office building) and between the church and City are required prior to issuance of building permits. Provisions to allow shared parking are included in the applicants' request for a Precise Plan in conjunction with the rezone proposed for this project (see Zoning ModificationlPrecise Plan section on Page 10 of this report). On Site Parking A total of 178 on-site parking spaces will be provided for Phase I, and 165 on-site parking spaces will be provided for Phase II. Once the parking lot is completely reconfigured at Phase III, a total of 169 parking spaces will be provided on-site. Off-site/Shared Parking A minimum of 51 off-site parking spaces for Phase I, 64 off-site phases for Phase II and a minimum of 260 off-site parking spaces for Phase III are required in order for the project to remain in compliance with the parking standards of the CYMe. These will be provided for at the Gateway office building parking structure (see Locator Map), located west of the project site (across Third Avenue). The applicant has prepared a parking analysis for the Gateway structure in conjunction with their traffic study (see Attachment 5). The parking analysis indicates there is adequate parking available on weekends to accommodate the required 260 parking spaces. (Refer to section on Shared Parking under Precise Plan Guidelines) The following table illustrates the project compliance with the applicable parking requirements: Total Parkin Re uired: ro osed as follows: 1,500 1:3.5 429 Provided 169 260 429 In order to further minimize parking impacts to the Gateway Center a parking management plan will be required, to insure that the church parking facilities are utilized first and Gateway Parking Structure is used as an overflow parking facility. 14-9 Page 10, ItemL Meeting Date: 7/17/07 Parking Agreement A two party agreement between the applicant and the City is required to ensure that the required off-site parking will be provided at all times. Failure to provide said off-site parking could require the church to temporarily reduce the seating capacity of the sanctuary to a point where the aggregate of on-site and off-site parking provides the number of spaces required by the CYMC, based upon amount of seating within the sanctuary facility. In an effort to prevent the above occurrence, the conditions of approval outline the process the applicant is to follow if the existing Donor Site (Gateway) should choose at some point in time to no longer provide parking for the chUrch use. Specifically, the following process must be followed by the applicant in the event the existing Donor Site being utilized for off-site parking will no longer be available. Failure to comply with these steps will result in the applicant being required to reduce operations to a level where adequate parking is provided by the CVMC: 1. A minimum of 90 days prior to termination of existing agreement, Gateway ("existing Donor") must notify St. Rose of Lima Catholic Parish ("Recipient") of intent to terminate agreement. 2. Within 5 days of notification of termination, applicant shall inform city of existing Donor intent to terminate agreement. Applicant shall provide City with alternative location( s) they will propose to utilize to provide required off-site parking. City will review proposed locations and determine if additional discretionary approvals or additional environmental review will be required. 3. Within 30 days of notification of termination, applicant shall provide City with a Shared Parking Report demonstrating availability of excess parking on the new Donor site, which is available for us during hours of church services. 4. Within 60 days of notification of termination, applicant shall provide City with 1) new shared parking agreement between Donor and Recipient, and 2) Updated agreement between applicant and City for on-going provision for off-site parking. Pedestrian Access Pedestrian access from the Gateway parking structure will be provided via sidewalk along the west side of Third Avenue with pedestrian crossing at the controlled intersection of 3rd and H Streets. The main entrance to the church will be provided at the southwest comer of the building (facing the comer of Third and H Streets) to help facilitate pedestrian ingress and egress. Zoning Modification/Precise Plan As indicated above, the applicant is requesting that the P Modifying District be added to the current zone district, along with certain special development standards. The increased 14-10 Page 11, Item L Meeting Date: 7/17/07 flexibility inherent in the Precise Plan Standards will guide the development or redevelopment of the project site and will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. This is consistent with the goals and policies of the newly adopted General Plan. These special standards, which would add flexibility to design the site, are outlined below: Shared Parking Currently, Chapter 19.62 ofCYMC contains no provisions for shared parking. This chapter requires that each use "stand alone" in terms of providing the required parking for each use. The applicant is requesting that shared parking be allowed whereby required parking spaces for another use, can be "shared" with the need for parking by the church. A parking analysis was prepared for the Gateway Commercial center. The results indicated that on weekends, at the time the church is in need of 261 off-site parking spaces, this amount of parking spaces is available for use by the church, without negatively impacting Gateway's parking needs (see Attachment 5). Agreement Section 19.62.040 of CYMC discusses alternatives to on-site parking. The applicant proposed to utilize the Gateway parking structure located just west of the project site and lies within the required 200- foot maximum distance by publicly available pedestrian access from the site. However, this section requires ". ..a binding agreement with the city as to the permanent reservation of said space and access thereto..." The applicant is requesting that a binding agreement with permanent reservation not be required. Instead, the applicant is proposing a private parking agreement between themselves (the recipient) and the Gateway (the donor), which will include a required 90-day notification as to the donor dissolving the agreement. A separate 2-party agreement will be provided between the applicant and the City. Staff has placed conditions of the project, which outline a process which must be followed in the event that off-site parking spaces at Gateway are no longer available. Development Standards In addition to the above, the applicant is also requesting certain modifications be allowed to the required development standards. These modifications are proposed to be included in the overall precise plan guidelines being requested for this project. The applicant is requesting the building setbacks be reduced to zero on all three streets of the property. Currently there are required setbacks for the site established by the Building Line setback map. These required setbacks range from 5 feet along Third Avenue to between 5 and 25 feet along H and Alvarado Streets. To develop the project in keeping with the surrounding existing Gateway office building across the street and with anticipated redevelopment to the north and south, the applicant is requesting a zero setback. Currently the maximum allowable building height is 45 feet. The applicant requests this maximum be increased to 54 feet as measured to the roofline of the proposed church/sanctuary structure. This is consistent with the recently adopted Urban Core Specific Plan (UCSP), which affects the adjacent properties to the north, south and west. Adoption of 14-11 Page 12, Item~ Meeting Date: 7/17/07 the UCSP has increased the maximum building height of the surrounding parcels from 45 feet to 84 feet. While the proposed spire for the church exceeds this 84- foot maximum height, it is an allowed exemption from the height regulations per Section 19.16.040 of the CYMC. The requested increase in fence height from 6 feet to 8 feet along the eastern property line will facilitate an additional barrier between existing residential use to the east with non- residential use of the subject site. Increasing the height to 8 feet will provide an additional noise buffer for adjacent residents from the central parking fieldlbasketball court usage on- site. Appropriateness of Precise Plan standards for proiect site The site is adjacent and contiguous to the newly adopted Urban Core Specific Plan (UCSP) on three sides (north, south and west). The UCSP promotes a development pattern, which facilitates a compact urban environment, which is pedestrian friendly. The project is being designed to continue the development patterns promoted by the UCSP. In order to achieve these goals, the proposed project requests development standards similar to those in the UCSP including: 1) zero building setbacks, 2) increased building height, and 3) minimal on- site surface parking with remaining parking off-site. The proposed structures will utilize a zero building setback line with on-site parking to the east, behind the buildings, which will front along the western portion of the site facing Third Avenue and H Street. The proposed building height of 54 feet will be similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. CONCLUSION: Based upon the preceding information, staff has concluded that the project meets the requirements to allow the requested Zoning Modification and Conditional Use Permit. Approval of the Conditional Use Permit is contingent upon the zoning modification and the Ordinance taking effect. 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 ofthe property that is subject to this action. FISCAL IMPACT The applicant has paid all costs associated with the processmg of the proposed conditional use permit and zoning modification. ATTACHMENTS I Planning Commission Resolution 2 Final Mitigated Negative Declaration 14-12 Page 13, ItemJL Meeting Date: 7/17/07 3 1963 Planning Commission and City Council Resolutions 4 Phasing Plan 5 Parking Analysis for Gateway Center 6 Proposed Precise Plan Standards 7 Meeting Minutes from Design Review Committee 8 Ownership Disclosure Form 9 Proj ecl Plans Prepared by: Jeff Steichen, Associate Planner, Department of Planning and Building 14-13 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~~~: st. ~ose of Lima Catholic PROJECT DESCRIPTION: C9 Parish ZONING MODIFICATIONI ~~~1: 293 H St. CONDITIONAL USE PERMIT Project Description: Phased removal and replacement of churth and SCALE: FILE NUMBER: ancillary parish facilities (except for pastoral center) on 3.4 acre sne. NORTH No Scale PCZ-07-02/PCC-06~O~2 l.Related cases: IS.Q~13, PCC.QS-042 l:\Gabe FITes\locators\pcz0702...,pcc060042_ CUP-zoning Moditication.cdr 0626.07 RESOLUTION NO. PCC 06-042/PCZ-07-02 A RESOLUTION OF THE PLANNING COM:MISSION OF THE CITY OF CHULA VISTA RECOMMENDJNG THAT THE CITY COUNCIL 1) ADOPT MITGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTJNG PROGRAM IS-06-13; 2) APPROVE AND ESTABLISH CONDITIONS FOR CONDTIONAL USE PERMIT AND 3) APPROVE A ZONE MODIFCATION TO ESTABLISH A PREICSE PLAN MODIFYJNG DISTRICT FOR THE PROPERTY AT 293 H STREET KNOWN AS ST. ROSE OF LIMA CATHOLIC PARISH WHEREAS, a duly verified application for a Conditional Use Pennit was filed with the City of Chula Vista Planning and Building Department on January 13, 2006 and September 21,2006 respectively, by St. Rose of Lima Catholic Parish. ("Applicant"); and WHEREAS, the application requests approval of a Conditional Use Pennit (pCC- 06-042) to allow the renovation and expansion of the existing church campus in three construction phases (Project); and WHEREAS, the application also includes a Zone Modification (pCZ-07-02) to establish the Precise Plan Modifying District and adopt Precise Plan Standards (project) for 3.9 acres located at the northeast corner of Third Avenue and "H" Street (Project Site); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-013 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-013; and WHEREAS, the Director of Planning and Building set the time and place for a hearing on said Conditional Use Permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 27, 2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. 14-15 "ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration-IS-06-013 and Draft City Council Resolution and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CAILIFORNIA, this 27th day of June, 2007 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Bryan Felber, Chair ATTEST: J :IPlanning\casefiles\-06(tyOS-06)IPCC\Public HearingIPCC-06-049\pcc-06-049.pc.RESOLUTION.doc 14-16 Mitigated Negative Declaration PROJECT NAME: St. Rose of Lima Catholic School and Church Complex PROJECT LOCATION: 293 H Street ASSESSOR'S PARCEL NO.: 568-512-37/39/48 PROJECT APPLICANT: St. Rose of Lima Parish of the Catholic Diocese of San Diego CASE NO.: IS-06-0 13 DATE OF DRAFT DOCUMENT: March 28. 2007 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: April 16. 2007 DATE OF FINAL DOCUMENT: May 1. 2007 Prepared by: Maria C. Muett. Associate Planner Revisions made to this document subsequent to the issuance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. A. Proi ect Setting The project site consists of a fully developed 3.9-acre project area located on the northeast comer of H Street and Third Avenue; 293 H Street(see Exhibit 'A'). The present development consists of the St. Rose of Lima Catholic Church and Parochial School. The site is developed with on-site parking and landscaped areas. The project site is presently served by four driveways, two on H Street and two off of Alvarado Avenue (See Exhibit 'B '). Frontage roadway improvements are completed along Alvarado Avenue. Land uses surrounding the project site consist of the following: North: Vacant land, Fast Food Restaurant, and Multifamily Residential South: Medical and Professional Offices East: Multifamily and Single-Family residential West: Commercial Retail and Commercial Office B. Proiect Description The project consists of the phased renovation and expansion to the existing St. Rose of Lima Catholic Church and School. The site is fully graded and developed with a' school (kindergarten to 8th grades/342 students), a church sanctuary accommodating 800 seats, a one-story parochial parish hall, rectory and a pastoral center and paved parking area to accommodate 186 spaces. The buildings were constructed between 1948 and 1955 and the church completed by 1965. The existing St. Rose private school will be remodeled and a portion of the school building will be demolished and replaced with two story school buildings to accommodate ail ultimate enrollment of 400 students, in addition to faculty and staff personnel. The square footage for the existing seven buildings is approximately 51,923 square feet and proposed development buildout is 69,115 square feet; an increase of 17,192 square feet. Outside areas include existing sports fields and courts. Proposed improvements to these areas include a small soccer field and parking lot/basketball court. ATTACHMENT 2 14-17 1 In addition to the four existing driveways, a new-gated pedestrian walkway access is proposed off of Third Avenue. The project includes landscaped treatments, lighting, on-site drainage facilities, pedestrian pathways, fencing, retaining walls, barrier walls, and interior chain link fences separating parking lots from school activity areas, and pickup and drop off areas. In compliance with City Engineering requirements, the applicant will be required to dedicate additional right-of-way and install street improvements along the northeast portion of Third Avenue and H Street. The existing on-site parking provides 183 spaces. Project landscaping requirements will eliminate spaces leaving minimum 170 on-site spaces at the time Phase 3 is developed. The project applicant has access to off-site parking at the Gateway Parking Structures that will provide 259 of the required parking spaces. The total number of:final parking spaces both on and off-site available to the applicant is 429 spaces, which meets the Chula Vista Zoning Ordinance requirements. Further details regarding the parking requirements, off-site parking and shared parking agreement are discussed below linder the Traffic!Transportation Section. The Master Plan PhasinJ!: The development consists of three phases to allow the renovation and expansion of the church and school to meet current and future church and school needs. The phased development is outlined below. Phases 1 and 2: Demolition of portions of existing private school buildings and replacement with new two-story buildings to accommodate a total buildout of 400 students plus relocation of existing kindergarten, computer and science labs. Construction of a new two-story parochial parish hall building with second floor multipurpose room (net tota114,027 square-feet) and demolition of the existing Learning Center, and school buildings. Phase 3: Construction of the buildout phase consists of demolition and construction of the new church . sanctuary to accommodate 1500 seats, completion or paved parking lots, landscaped treatments, and site improvements. During this phase, the project proposes demolition of the existing hall and adj acent rectory building. Proposed fill grading will occur over the entirety of the 3.4-acre site. Amount of grading includes approximately 1,300 cubic yards to be excavated for the bui1dout development; primarily Phase 1 (250 cubic yards), Phase 2 (800 cubic yards) and Phase 3 (250 cubic yards). Any excavated soil will be relayered over the project site, if necessary. It is anticipated that the phased master plan will take five plus years to complete. During the interim periods, demolition of facilities will be phased to accommodate students and church related uses. Hours of Operation - PriVate School Existing and Phased Development The current private school operational hours wilf not change from the current schedule. The project planning and site plan call for a student drop off and pick up area to be functioning prior to school startup and school closure. Students will walk to the nearby churcb/sanctuary for weekday services 14-18 ') (masses, prayer groups, etc.). No conflict between school operations and weekday church activities will occur or create potential adverse conditions. The existing and proposed preschool playground, small soccer field and basketball court are for use by the school students and church m=bers ouly within the scheduled activity hours and in accordance with the City Municipal CodeJNoise Ordinance, Chapter 19.68, standards and regulations. Hours of Operation - Church/Sanctuary Comolex Existing and Phased Development The existing church services and masses are 7:00 am., 8:30 a.m., 10:00 a.m., 11:30 a.m., 1:15 p.m. and 5:00 p.m. on Sundays, 5:00 p.m. and 6:30 p.rn. on Saturdays, and 6:15 a.m., and 8:00 a.m. on weekdays, plus 6:30 p.m. on Thursday evenings. Confessions are 8:00 a.m. to 9:00 am. or by appointment on Saturdays. There will be no changes in these hours of service during, the development phases or after all construction is completed. Therefore, no significant impacts have been identified. C. Comoliance with Zoning and Plans The project site is located within the R3 (Multi-Family Residential) Zone and RH (High Density/Residential) General Plan land use designation. The project is consistent with the regulations of the Zoning Code and the General Plan land use designations. . The project requires the approval of a Design Review Permit by the Design Review Committee, a Conditional Use Permit and a Rezone from Rl-RlP to allow a Precise Plan with specific development standards by the Planning Commission. D. Public Comments On February 15, 2007, a Notice of hritial Study was circulated to property owners within a 500-foot radius of the project site. The public co=ent period ended on February 26, 2007. No verbal or written co=ents were received from the public regarding the proposed project or planning process. On March 29. 2007 a Notice of Availability of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to property owners within a500-foot radius of the proiect site. The 30-dav public co=ent period closed on APril 30. 2007. No written Jlublic co=ents were received during the public review period. E. Identification of Environmental Effects An hritial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project would not have a significant environmental effect because of mitigation measures incorporated into the project, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Aesthetics The proposed preliminary lighting plan addresses all proposed exterior lighting and types used. The. proposed lighting includes parking lot lighting, church complex and school buildings lighting, as well as, walkway and low landscape area lighting. The lighting plan indicates that no lighting rays or glare will spread onto adjacent or surrounding residential properties. The applicant will be required to comply with glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC). Compliance with the lighting plan and City code regulations will 14-19 ~ ensure that no source of substantial glare or light will result that would adversely affect day or nighttime views in the area. No degrading of the existing visual character or quality of the site and its surroundings will occur to the surrounding residential properties. No aesthetic impacts will therefore occur as a result of the proposed proj ect. Air Ouality Short-Term The proposed phased project could result in short-t= air quality impacts associated with construction and demolition activities. The anticipated length of time of ,the phased development/construction activities for Phase 1 and Phase 2 is approximately 15 months each and for Phase 3 is 21 months. The minimal grading of the site, demolition, building construction and worker and equipment vehicles trips will create temporary emissions consisting of dust, fumes, equipment exhaust, and other potential air pollutants. Air quality impacts resulting from the construction-related operations are considered short-t= in nature since construction-related activities are a relatively short-t= activity. Demolition/Grading , Demolition activities are proposed during the following phases: Phase 1 and 2 Phase 3 Demolition of portions of the existing private school. Demolition of the parish hall, rectory building and existing church. . Anticipated amount of demolition materials to be removed: Phase 1 - 304 cubic yards, Phase 2 - 1,120 cubic yards, Phase 3 - 1,520 cubic yards and Post Phase 3 - 828 cubic yards; total of 3,772 cubic yards of demolition materials. It is anticipated that the amount of grading proposed includes Phase 1 (250 cubic yards), Phase 2 (800 cubic yards), and Phase 3 (250 cubic yards). With appropriate dust control measures to control fugitive dust generation during grading that includes watering three times daily, emission impacts would be controlled and lessened to less than significant Long-Term In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's emissions were quantified with respect to regional air quality.. The proposed phased project once developed will not result in significant long-t= air quality impacts. The project generated traffic volume would not result in significant long-t= local or regional air quality impacts. No area source or operational vehicle emission estimates will exceed the Air Quality significance thresholds; therefore, no mitigation measures are required. Hazards/Hazardous Materials Asbestos and lead-based paint The existing school and church building structures may contain asbestos and lead-based paint. Prior to any demolition activities the presence of asbestos and lead-based paint must be ascertained and removed if present by a licensed, registered, asbestos and lead abatement contractor in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air pollution Control District Rule 361.145, Standard for Demolition and Renovation. The mitigation 14-20 A. measure contained in Section F below would mitigate potential hazardslhazardous material impacts associated with the release of asbestos and lead to below a level of sigoificance. Hvdrolo!!VlWater Oualitv The preparation of a final drainage study will be required in conjunction with the preparation of final grading plans. In accordance with the City Engineering Department, the proposed drainage plan shall be required to demonstrate that existing drainage conveyance facilities will have the capacity to handle existing and proposed proj ect storm water drainage flows. According to the Engineering Department, no significant impacts to the City's storm drainage system are anticipated as a result of the proposed development. Based upon review of the project design, drainage improvements and fully developed site, the Engineering Department has determined that there are no significant issues or impacts regarding the preliminary proposed drainage improvements for the project site. The project proposes the installation of a storm drain system, filtering treatment system, backflow device and preventor, drain piping, inlets and conceptual Best Management Practices that include gravel bags, landscaped treatment areas and improvements to existing drainage facilities. As designed, the proposed drainage will be directed away from the existing and proposed buildings including adj acent properties. A final drainage study will be required in conjunction with the preparation of the project grading plans and must demonstrate that the post-development peak flow . rate does not exceed the pre-development flows. The proposed drainage improvements shall be designed in accordance with local and regional requirements. The drainage facilities will be installed at the time of the site development to the satisfaction of the City Engineer. The applicant will be required to comply with the City of Chula Vista's Storm Water Management Manual and implement Best Management Practices (BMPs) to prevent pollution of the storm water systems during and after construction. The applicant will also be required to comply with the NPDES Municipal Permit, Order No. 2001-01 and other permit requirements, identifY storm water pollutants that are generated as well as identifY appropriate BMP measures and prepare a water quality study to be submitted with the final grading/improvement plans to the satisfaction of the City Engineer. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Storm or non-storm water from the project area shall be properly treated and discharged into the City storm drainage systems in accordance with Federal, State, and Local rules and regulations. No sigoificant impacts to the City's storm drainage system or water quality are anticipated to result from the proposed phased proj ect as a result of proposed mitigation. Noise To assess any potential noise impacts of the project, a Noise Impact Analysis was prepared by Giroux and Associates/Environmental Associates, Saint Rose of Lima Catholic Parish Master Plan, Chula Vista, CAdated February 19, 2007, a copy of which is available for review at the Pla:nning and Building Department. The results of this analysis are summarized below. Noise Standards The acoustical analysis assessed the school activity noise generation with respect to the regulations contained in Chapter 19.68, perfo:r:mance Standards and Noise Control, of the Chula Vista Municipal Code (noise control ordinance) and the noise element of the Chula Vista General Plan. Pursuant to 1 4- 21 5 the noise control ordinance, no person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which exceeds the established noise level limits (C.V.M.C. S 19.68.030(A)(4)). The noise level limits of the noise control ordinance vary by land use receptor category and time of day (daytime versus nighttime). Per Section 19.68.030 (B)(4) of the noise control ordinance, if the ambient noise level exceeds the established noise level limit, then the allowable noise exposure standard shall be the ambient noise level. The existing and potential future noise-sensitive uses adjacent to the project site potentially affected by project-generated noise consist of single-family and multi-family residences to the north and east. Short-term Construction Noise Impacts Construction activities have the potential to cause short-t= noise impacts to noise-sensitive uses adjacent to the project site (i.e., single family residences and multi-family residences). Noise produced by construction equipment varies substantially depending upon the type of equipment being used and its operation and maintenance. With each development phase it can be expected that diverse noise levels will occur as a result of demolition, site preparation and construction activities. Construction noise is exempt from the noise limits specified in Section 19.68.040 of the Chula Vista Municipal Code. However, pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, construction work in residential zones that generates noise disturbing to persons residing or working in the vicinity is not permitted between 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturday and Sunday, except when necessary for emergency repairs required for the health and safety of any member of the community. Compliance with the Municipal Code will ensure that surrounding residents will not be disturbed by construction noise during the most noise sensitive periods of the day. School Atmosphere Although construction noise is exempt from the levels specified in Section 19.68.040. Construction noise levels were estimated in order to assess potential impacts to on-site receivers (e.g., students and faculty). Cumulative worst-case levels associated with construction equipment were calculated for the closest sensitive on-site receptors that include the phasing areas (i.e., classrooms/school buildings or church facilities). The City of Chula Vista does not have fixed operation standards for these types of construction activities, however, assessment is discussed below. According to the noise study, construction activities are scheduled around the school calendar. Temporary barriers are proposed for blocking out any temporary noise impacts. Because the school administration oversees the construction scheduling and school operations, there is full discretionary authority to control the potential short-t= construction noise upon the school environment. Although the City does not regulate construction noise during the day it should be noted that if noise levels are found to be excessive enough to disrupt classroom activities, or impact students or teachers in the classrooms or church buildings, onsite temporary noise barriers or other noise abatement measures shall be implemented on a case-by-case basis to provide adequate attenuation to the affected phased areas to the satisfaction of the City Environmental Review Coordinator. Long-term Operational Noise Impacts Existing traffic along H Street and Third Avenue was identified by the noise study as the primary generator of ambient noise. Buildout traffic volumes were obtained from the project traffic study in order to det=ine the existing and future traffic noise exposure footprint. 14-22 Ii Potential on-site noise generators include recreational activities associated with the existing soccer field, new preschool playground, basketball court, and redesigned student lunch/assembly area. Based on the noise report, noise associated with the soccer field and student lunch/assembly area will be adequately attenuated by the proposed location of on-site structures and the distance from the closest sensitive noise receptors. The noise study analyzed the. cumulative ambient noise conditions affecting the site and surrounding area. Traffic generated noise was calculated at being 60dB, whereas the noise from the basketball activities was calculated to be 58dB Leq. The noise report recommended that by expanding the easterly perimeter solid wall to a height of 8-feet, potential traffic generated noise impacts would be reduced to a level below sigoificance. The preschool playground was also analyzed with the primary noise source identified as being traffic- generated noise from Third Avenue and H Street. The inclusion of a solid 6-foot high noise wall into the project design, to shield the playground from ambient plus project generated traffic noise, would mitigate any potential noise impact. The proj ect design includes a garden area outside the church to be used as an exterior space for passive activities. With the proposed project design of an 8-foot high barrier wall, impacts to this area would be reduced to a level ofless.than sigoificant. Stationary Noise Sources Heating, ventilation and air conditioning (IN AC) equipment is proposed on the roof of the church and school buildings. The noise generated by the machinery could vary depending on the type and size of the mechanical equipment. Based upon the prelim.inary mechanical plans and lack of complete noise assessment due to unavailability of final rooftop mechanical plans, the study concluded that noise generated from the HV AC and rooftop mechanical equipment could exceed the City's noise standard. Noise impacts related to the outdoor mechanical equipment are considered sigoificant. Therefore, careful site design to prevent noise impacts to sensitive noise receptors from rooftop equipment, food service, trash compactor is recommended. In addition, an additional acoustical study will be required to demonstrate that the HV AC and other roof mounted equipment complies with the City's noise ordinance requiring that noise be limited to 45dBA Leq at the property boundaries during nighttime hours and 55 dBA Leq during daytime hours or ambient noise levels, whichever is greater. The mitigation measures contained in Section F below will mitigate potential noise impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Public Address System/Bells Typical noise sources generated from school facilities and sports events include public address systems and bell signal systems that are essential to a school facility. The City of Chula Vista Noise Ordinance, Section 19.68.050, regulates these signaling devices. The school and church shall be required to comply with the City's Municipal Code Section 19.68.050, allowiog the church and school to operate the bell as a signaling device and limits the sounding of these devices to no more than two minutes continually in any 60-minute period or intermittent sounding over a five-minute period in any hour. No significant noise impacts are expected to occur to any residential receptors as a result of the operation of the public address system or bell signaling system. The mitigation measures contained in Section F below will mitigate potential noise impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and 14-23 7 Reporting Program. Traffic/Circulation To assess the potential traffic/circulation impacts of the project including proposed phasing, Rick Engineering Company prepared a traffic study, Saint Rose of Lima Parish, Master Plan, dated January 30, 2007 and subsequent addendum dated March 14, 2007. A copy of this study is available for review at the Planning and Building Department. The results of this analysis are swmnarized below. Significance Criteria The criteria utilized to determine if a traffic impact at an intersection or major street segments is considered significant are based on City of Chula Vista traffic and circulation standards. Both project specific and cumulative impacts can be significant impacts. The level of service for unsignalized and signalized intersections were based upon methodologies descnbed in the 2000 Highway Capacity Manual (HCM). Levels of services are based upon ADT thresholds outlined for roadVvaY classifications. The levels of services are only applied to circulation element roadways and hot to residential streets as they serve abutting lots, not carrying through traffic. The roadway capacities utilized in the daily roadway segment analysis are in compliance with the General Plan Update. Existing Conditions Existing traffic analysis was conducted during peak hour and worse case scenarios of school and church activities, including evenings. Calculated peak hour traffic within the period of each nearby intersections, major streets, project driveways and turning movements were utilized in the study. The existing traffic generated an average of 1,502 average daily trips (ADTs) with 407 AM peak hour trips and 146 PM peak hour trips during a typical weekday. This resulted in an estimated trip generation rate of 4.39 trips per student. Existing Sunday traffic generates 3,299 average daily trips (ADTs) with 694 peak hour trips, equaling a rate on.59 trips per mass attendee. School Pick-Up/Drop-OjJProgram The school drop off peak period ocCurs 7:45 a.m. - 8:00 a.m. and the school pick-up peak period occurs 2:45 p.rn. - 3:00 p.rn. Essentially the peak periods occur 15 minutes before the classes begin and 15 minutes after classes are dismissed. It should be noted that queing during the school pick-up period is maintained on-site to avoid stacking of vehicles on Alvarado Street during peak hour. The combination of the existing traffic control monitoring (4-5 personnel) and the student pickup system will continue after completion of the phased development and total buildout and will ensure the smooth flow of vehicles. Proiect Trio Generation The analysis of the phased conditions' with the addition of the buildout phase provides an assessment of the worse case scenario. The proposed project would generate traffic as follows, once buildout is. complete: phase ill, 1,756 trips for weekday/school and 5,385 total trips for Sunday peak mass attendance. This is 254 additional weekday/school related trips, and 2,086 additional peak mass attendance trips than previously existed. 14-24 R Cumulative Analysis Cumulative potential impacts from foreseeable projects were also evaluated in the traffic study. In this case, four projects within the project area (Urban Village, Seniors on Broadway, Gateway Center and Espanada) were analyzed. The analysis showed the worse care scenario of existing plus cumulative projects plus project traffic volumes of unsignalized, signalized intersections and major roadway segments. Level of Service (LOS) Project Access Levels of Service AI]' project intersections, major street segments and traffic .volumes under existing project and existing plus project weekday conditions are expected to continue operating at Level of Service C (LOS) or better during the AM and PM peak hours. Except for existing and project plus cumulative conditions, turning in and out of H Street driveways have the potential to create a significant impact. . However with project redesign and traffic mitigation measures, that include adequate signage and striping to proluoit left turns outbound and inbound at the H Street driveways, potential traffic impacts are lessened to a level ofless than significant. Parking Requirements An analysis of the parking required for each phase of the project was completed. During each phase and buildout the proposed parking asnoted above in the Phasing and Parking Tables will satisfy the City Municipal Code. The project applicant proposes to provide 165 parking spaces, during interim phases prior to completion of the church. Upon completion of the phased master plan development the on-site parking areas will provide 170 spaces. The remaining required parking spaces are proposed as off-site parking. The project proposes a total of 429 parking spaces (on-site and off-site parking) thus complying with the requirements of the City Municipal Code. The City Municipal Code, Chapter 19, Section 19.62.040, allows for the provisions of off-site parking provided that the property where parking is proposed is not more than 200 feet distance, is pedestrian accessible and subject to a binding agreement with the City as to the permanent reservation of the required off-site parking. The primary area identified for off-site parking is the Gateway Parking Structures across Third Avenue, to the west of the project site. The total amount of parking spaces in the Gateway parking structure available to them is approximately 700 spaces. Sunday peak hour demands will be met through the provision of off-site parking. The applicant will be required to submit the binding parking agreement to the City prior to Phase 1 as noted below. Prior to Phase I: As conditioned on the project, the applicant will be required to submit a contract showing the allowance of the off-site parking areas for parking use prior to issuance of any entitlement permits including grading or demolition activities of Phase I. All required off-site parking spaces shall be provided during this pre-phase. Phase I to Phase 3/buildout: No additional parking requirements are required during these phases. In the event of any project on- site condition changes or off-site parking area changes, the project will need to be reevaluated to 14-25 " ..__.----------~_... --.. identify and ensure alternative off-site areas meet the requirements of the City Municipal Code and provide the required parking. In addition, all phased development and/or construction activities shall cease until appropriate required parking has been met. If significant changes occur, additional City discretionary and CEQA review may be required. The mitigation measures contained in Section F below will mitigate potential traffic impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. PedestrianITraffic Safety Phase I to Phase IIIIbuildout In view of the fact that a significant percentage of the required parking for Sunday services is provided off-site, special consideration to pedestrian safety and proper traffic circulation between those off-site parking areas and the project site must be given by the applicant. With this in mind, proj ect design and City Engineering requirements and measures have been incorporated into the. proposed project. These include the widening of all driveways to the City requirement of 24-foot width and preparation of a traffic management plan to facilitate pedestrian and vehicular traffic during the Sunday services and special events. Educational programs will need to be provided to church members regarding proper crossing of H Street or Third Avenue encouraging the use of signalized intersections or designated crosswalks. Continuation of proper driveway accesses, educating the parents to utilize the Alvarado Street driveways as the primary school entrances for student drop-off and pick-up and traffic control personnel monitor traffic on-site and minimize queing on the adjacent streets during these period will all contribute to creating a safe environment for pedestrians. Buildout In the event the proposed project schedule is accelerated resulting in project completion without phases, all traffic mitigation measures, including off-site parking requirements, and off-site improvements must be met prior to final occupancy. The mitigation measures contained in Section F below will mitigate potential traffic impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting ProgralIl. F. Mitigation Necessary to Avoid SiPTlificant hnpacts Air Qualitv 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator: . Minimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. 14-26 1() ------_._-------~---_.,,_. -~ .-_..... . Water the construction area minimum three times daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave p=anent roads as quickly as possible to minimize dust. . Use electricity from power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. HazardsIHazardous Materials 2. During any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. Hvdrology/Water Qualitv 3. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of final grading plans and must demonstrate that the post-development peak flow rates do not exceed the pre-development flows as indicated in the Preliminary Hydrology Study dated December 20, 2007, and as determined to the satisfaction of the City Engineer. Additionally, the City Engineer shall verify that the final grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction-related water quality best management practices. If one or mote of the approved post-construction BMPs is non-structural, then a post-construction BMP plan shall be prepared to the satisfaction of the City Engineer prior to the commencement of construction. Compliance with said plan shall become a p=anent requirement of the Mitigation Monitoring and Reporting Program. 4. Prior to commencement of grading, temporary desilting and erosion control devices shall be installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Review Coordinator. 14-27 11 --------- _._-~-_._-_..-- Noise The following noise mitigation requirements shall be shown on all applicable demolition, grading, and building plans as details, notes, or as otherwise appropriate, and/or shall be made conditions of project approval where appropriate. 5. Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, project-related construction activities including demolition shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays. 6. If noise impacts are identified by the church and school administration during construction activities, the applicant shall be required to comply with the appropriate mitigation measures identified in the noise study. The measures may include temporary ceasing of construction activities, installation of construction noise barriers to provide noise attenuation for noise impacts to the affected classrooms, school and/or church buildings. In the event of construction noise impacts to the phased classrooms or church buildings, noise barriers shall be placed between the construction activities of the current phase and the impacted buildings of any previously completed phase. Temporary construction barriers shall be constructed to the satisfaction of the City Environmental Review Coordinator. A noise monitor during construction should be onsite during these affected phases. 7. It is recommended that the school, parish hall and church buildings contain air conditiouing systems to allow for window or door closure to offset any ambient traffic noise in accordance with the noise study prepared by Giroux and Associates, dated February 19, 2007. 8. Prior to approval of building permits, the applicant shall submit a subsequent noise study to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted HVAC and other roof mounted equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq (one hour) during nighttime hours and 55 dBA Leq (one hour) during daytime hours or ambient noise levels, whichever is greater. Upon review of the additional noise analyses, if it is determined that there are potential noise impacts created by the HV AC or other roof mounted equipment, then applicable mitigation measures shall be developed to insure these impacts are lessened to a level ofless than significant. 9. All rooftop pumps, fans, and air conditionerslheating units on the church and school buildings shall include appropriate noise abatement and be screened by a minimum three-foot high rooftop parapet that blocks the line-of-site view from the backyards of the nearby residential properties to the exposed roof and mechanical ventilation systems. 10. A 6-foot high solid noise attenuation wall shall be constructed around the preschool playground along Third Avenue in accordance with the noise study prepared by Giroux and Associates, dated February 19, 2007, to the satisfaction of the City Environmental Review Coordinator. 11. An 8-foot high solid masonry barrier shall be constructed along the eastern property line separating the basketball courts from the nearby residences in accordance with the noise study prepared by Giroux and Associates, dated February 19, 2007, to the satisfaction of the City Environmental Review Coordinator. 12. An 8-foot high solid masonry barrier and stucco wall shall be constructed around the garden area outside the church in accordance with the development plans (dated March 22, 2007) and noise study prepared by Giroux and Associates, dated February 19,2007, to the satisfaction of the City Environmental Review Coordinator. 14-28 12 ---.------------.-. Traffic 13. Prior to demolition or building permits issuance for Phase 1, a binding agreement between the City and the applicant concerning off-site required parking areas shall be submitted and approved by the City Planning and Building Department, City Engineer and City Attorney's Office. 14. Prior to occupancy of Phase 3, submittal of a striping and signing plan, prepared by a State of California licensed traffic engineer is required. ill accordance with the requirements of the traffic study, dated January 30, 2007, the striping and siinage plan shall analyze the need for signing and striping of a left-turn restriction movement for inbound and outbound traffic onto H Street. If it is determined that signage and striping are required, the installation of the required signage and striping shall be completed by a licensed Caltrans-certified traffic control contractor to the satisfaction of the City Engineer and at no cost to the City. 15. ill the event, any off-site parking property owners are unable to provide the additional required parking spaces, or meet their contractual agreement or in the event that significant project modifications occur then, additional discretionary review and environmental review, in accordance with CEQA, may be required. 16. ill the event that the project is completed without phases, all mitigation measures and off-site improvements shall be met prior to final occupancy of the project to the satisfaction of the City Planning and Building Department and City Engineer G. Consultation 1. illdividuals and Organizations City ofChula Vista: Benjamin Guerrero, Planning and Building Marisa Lundstedt, Planning and Building Luis Hernandez, Planning and Building Jeff Steichen, Planning and Building Mary Venables, Planning and Building Brad Remp, Planning and Building Carolyn Dakan, Planning and Building Emily Novak, Planning and Building Frank Rivera, Engineering Silvester Evetovich, Engineering Hasib Baha, Engineering Jim Newton, Traffic Engineering Dave Kaplan, Traffic Engineering Sandra Hernandez, Engineering Anthony Chukwudolue, Engineering Justin Gipson, Fire Department Richard Preuss, Police Department Dave Byers, Public Works/Ops. 14-29 13 Aoolicant/Prooertv Owner: St. Rose of Lima Parish of the Catholic Diocese of San Diego Ae:ent: David Pfeiffer, Principal AIA Dominy and Associates, Architects Others: Sweetwater Authority Chula Vista Elementary School District 2. Documents City of Chula Vista General Plan Update, 2005 Title 19, Chula Vista Municipal Code Noise hnpact Analysis for Saint Rose of Lima Catholic Parish Master Plan - Chula Vista, CA, and dated February 19, 2007 (Giroux and Associates) Traffic Study for Saint Rose of Lima Parish Master Plan and dated January 30, 2007 (Rick Engineering Company). Preliminary Water Quality Technical Report/Water Demand Exhibit for Saint Rose of Lima and . dated December 20, 2006 (Rick Engineering Company). Preliminary Sewer Study for Saint Rose of Lima and dated January 25, 2007 (Rick Engineering Company) Historic Architectural Survey Report for Saint Rose of Lima Parish and Parochial School- Chula Vista, San Diego County, CA and dated May 2006 (Galvin Preservation Associates). Initial Studv This environmental detennination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the envirqnmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: M'fh' "5) 200 7 Guerrero, Environmental Projects Manager J:lPlanninglMARIA \Initial Study\St Rose of LiimalIS-06-013fina!lMND.doc 14-30 14 EX#IBrr A 14-31 ~.J_.\'P"O tpmt()~~=:rlo:lsO){~S ! . "i · ~. -j ~! tl ~Ph BllUUm Ii H..oo' ~immm a; ... ~HHwH, ~ il'...;;' ... ~ il! 1 <( -..< .~<.ll a: ..; ..; '::i:i ~ s:z:z " cii::! .::! II ~ l!)iri ~~~ ~I i J~ IJI 1 ]' Jl 1 Ii ;IIJil !Ii'll ~ ~1 !~ll. ! ~ d I~hlql ~H ud!l~i,!Jd,lq I . A II . l ~ !i! w tll ~ :i S S 'j ili~llil: il ~!IH; II i illl! i f i ~ J I ~ ll!li ;! J IIIIII ~ j ~ I ] 'I lil ~ I' ~iUHJjliJliHhl! ill! I ~ i I il ~1'PI&lll 'Pilil il'PI i i ilh il';r;;, ;t 1il ~ cii:i ~ ~ :i n l ~ ::l. , I . H!'$J'J"J'1 -II j. ~ I I J! di I I f i a l';. ~ a t J ~!! jii:! f!lI I III iiP f fHh ! I "' · . I i j i II - ,i I -Ill ; II I J 111.1 i ;; IHlh! I It Ifi!f I ~ iilHII! I if ;lItl ;.. p ~ ~ ,~ I ~ ~ -i~ - ~ -. 1.". - - --=i.=-?------=--..!........,~ --- -----=--~~=:~-=- --=-- - -----~- -- ~ , . C . . , 1 EB 1111 J! I; ~ IIi .1. ~IIIl till t ga~ 1.,.,.,,:16 "'~ in7J. ;Q:~ -J i f ..--~ ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (M:MRP) ST. ROSE OF LIMA CHURCH AND SCHOOL ADDITION - IS-06-013 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed St. Rose of Lima Catholic School and Church Complex project. The proposed project has beeri evaluated in an Initial StudylMitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (1S-06-013) The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB .3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Hazards/Hazardous Materials 3. Hydrology and Water Quality 4. Noise . 5. TransportationlTraffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration 18-06-013 to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-06-013, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last colunm. J:\PlamrlnglMARIAlInitial StudylSt Ros. of Liima\JS-06-013MMlU'text.doc 14-33 '" ~ o cb o 0. " o '" 'C ~ -0 o .c: " CJJ "C " '" .c: f2 ::J .c: (.J '" E ::; - o '" Ul o rY E '" ~ " ." .8 " o ::;: " o ~ ::E .... 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'" ] ;:j 'a o ~ ~ '" a '" Ol I 00 ~ -~ 14-38 .,- . . . << .. ---_.,._-----._..--~ .....--- ....- ~!~ --r- ENVIRONMENTAL CHECKLIST FORM 01Y Of CHUIA VISTA 1. Name of Proponent: St. Rose of Lima Parish of the Catholic Diocese of San Diego 2. Lead Agency Name and Address: City ofChula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Addresses and Phone Number of Proponent: 293 H Street Chula Vista, CA 91910 (619) 427-0230 4. Name ofProposa1: St. Rose of Lima Catholic Church. 5. Date of Checklist: March 28, 2007 6. Case No. IS-06-013 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than PotentiaIIy Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project a) Have a substantial adverse effect on a sceoic vista? 0 0 . 0 b) Substantially damage sceoic resoun:es, including, but 0 0 0 . not limited to, tress, rock outcroppiogs, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 . 0 quality of the site and its surroundings? 14-39 d) Create a new source of substantial light or glare, wbich would adversely affect day or nighttime views in the area? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Ixicorporated . Impact 0 0 . 0 Issues: Comments: a-b) The project site is located on the comer.ofThird Avenue and H Street, which is idimtified in the General Plan as one of the official Gateways into the City. In accordance with the City of Chula Vista Municipal Code and Design Standards, the project as designed with architectural element to match existing architectural style arid enhanced landscaped treatments would' ensure that there are no significant aesthetic impacts to this comet of the City. . .The project site contains no scenic resources, vistas of views open to the public, and is not in proximitY to a state scenic highway, therefore, would not damage any scenic resources, vegetation, nor historic buildings within a state scenic highway. . c) The project site is located within a fully developed area with westem Chula Vista that contains commercial, office and linrited single fumily and multi-family land uses. The proposed church and school expansion is compahlJle with the existing architectural design and eievations of the proj ect site and surrounding areas. The proposed project Would not degrade the visual' character of the project site or its surroundings therefore'no significant aesthetic impact would occur. d) The project proposal includes new lighting facilities in the parking lot including lighting standards a distance of 15 feet from the east property line adjacent to the residences. The project shallbe required to comply with the light and glare reguhltiolls (Section 19.66.100) of the Chu,la Vista Municipal Code (CYMC). Compliance with the regulations will ensure thatno supstantial glare or light would affect daytime or nighttime views In the surrounding area or onto the adjacent or nearby residential properties; therefore no impact would occur as a result of the proposed project. Miti!!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. In detmnining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California .Agr:(cultural Land Evaluation and Site Assessment Model (1997) prepared by the Califonna Dept. of Conservation as an optional model to use in assessing impacts on agriculture and f=land Would the project 14-40 __.._..._____._ __________._n__.._ ,._..__ __.... .._._ -----------..- Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime F:u:ml.and, Unique F:u:ml.and, or Fannhnd of Stitewide Impomnce (F:u:ml.and), as shown on the maps prepared pursuant to the F:u:ml.and :Mipping and Moritoring Program of the California Resources Agency, to non-agcicultural use? D D D . b) Conflict with existing zaring for agricultural use, or a Williamson Act contract? D D D . c) Involve other changes in the existing envirooment, wbich, due to .their location or nature, could result in conversion ofFannland, to non-agti.cultural use? D D D . Comments: a-c) The project site and surrounding land uses are fully developed, consistent with the ChulaVista General Plan and zoning designation, and contain no agricuitural resources or designated farmland. The proposal would not convert Prime Farmland, Unique Farmland or Farmland of Statewide hnportance tonon-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Mitieation: No mitigation measures are required. III.AIR QUALITY. Where aVllilable, the sigoificance criteria estiblished by the applicable air quality management or air pollution control district may be relied upon to make the fullowing determinations.' Would the project a) Conflict with or obstract implementition of the applicable air quality plan? D D D . 14-41 ____ __"_nom. _ . . _____________n _.__n_____________________.__ --- --------.-----.- ----------. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact b) Violate any air qmlity standard or contribute 0 0 . 0 substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase 0 0 . 0 of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air qmlity standard (including releasing emissions, which exceed quantiti>.tive thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 . 0 0 concentrations? e) Create objectionable odors affecting a substantial number of people? o o o . Comments: a-e) See Mitigated Negative Declaration, Section E. Mitil!:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would Iilitigate potentially significant Air Quality impacts to a level ofless than significance. IV. BIOLOGICAL RESOURCES. project: Would the a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status o o o . 14-42 Issues: species in local or regional phns, policies, or regulations, or by the California Department of Fish and G.une or U.S. Fish and Wildlife Service? b) Have a substlntial adverse effect on. any riparian habitat or other sensitive natural community identified . in local or regional phns, policies, regulations or by the California Department of Fish and G.une or U.S. Fish and WIldlife Service? c) Have a substlntial adverse effect on federally protected wetlands as defined by Section 404 of the Qean Water Act (mcluding, but not limited to, marsh, vernal pool, coastal, etc.) through direct =ova!, filling, hydrological interruption, or other means? d) Interfere substlntially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife canidors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinaoces protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Co=umty Conservation Plan, or other approved local, regional, at state habitat conservation plan? 14-43 Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o o Less Than Significant Impact o o o o o No Impact . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The project site is located within a designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan and is fully developed. There are no candidate, sensitive or special status species, sensitive natural communities or wetlands present within or immediately adjacent to the project site. d) No native resident or migratory wildlife corridors or native wildlife nursery sites exist within or immediately adjacent to the project site. e) No biological resources are present on the project site and no impacts or conflicts with local policies and ordinances protecting biological resources would result. .t) No impacts or conflicts with local, regional, or state habitat conservation plans would result from the project since tb.e project site is located in a designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan and no biological resources are present. Miti!!ation: No mitigation measures are required. v. CULTURAL RESOURCES. Would the project a) Cause a substlntial adverse change in the 0 0 0 . significance of a historical resource as defined in ~ 15064.5? b) Cause a substlntial adverse change In the 0 0 0 . significance of an archaeological resource pursuant to ~ 15064.5? c) Directly or indirectly destroy a unique 0 0 0 . paleontological resource or site or unique geologic feature? 14-44 d) Distul:b ,my human retD2ins, including those interred outside of fo:ttnal cemeteries? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 . Issues: Comments: a) . A Historic Architectural Survey Report was prepared by Galvin Preservation Associates (May 2006) for the demolition of buildings at the St. Rose of Lima Parish and Parochial School. The project proposal includes demolishing six of the seven existing buildingS. Five of the seven buildings were constructed more than 45 yearS ago and required evaluation due to their age. These five buildings were originally cons1nicted between 1948 and circa 1955 in the Spaoish Colonial Revival and Modern styles. A sixth building was evaluated because it would reach 45 years of age at the time of proposed implementation of Phase Two of the project. This building was completed in 1965 in the Modern style. In order to assess potential historic resources on the project site, all aspects of historic resource compliance tmder California State Law for the proposed project that inclu~s resource identification, evaluation for significance, and determination of effects in accordance with tlle California Environmental qUality Act (CEQA) guidelines at Title 14 California Code ofRegwations (CCR) S15064.5 and the Public Resources Code (pRe) 5024 was completed. The study results determined that alterations to the subject pI:operty and proposed demolition of buildings are not potential" historical resources as defined by the California Environmental QiIality Act (CEQA) and regionalstandilrds or criteria. b) Based upon previous site distuIbancel! and existing developed project site, the potential for significant historical resource impacts or adverse changes to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively limited amotmt of additional. grading for the proposed project, no impacts to unique paleontological resources or unique geologic featores are anticipated. d) No humah remains are anticipated to be present within the impact area of the project. Mitil!:ation: No mitigation measures are required. VI. GEOLOGY AND SOILS - Would the project: a) Expose p<,ople or sttuctul:es to potential substantial adverse effects, including the risk of loss, injury or death involving: i Rupture of a known earthquake fault, as o o o . 14-45 Issues: delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii.. Strong seismic ground shaking? ill. Seismic-related liquefaction? ground failure, including iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentWly result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial tisksto life or property? e) Have soils incapable of adequately suppottiog the use of septic taoks or alternative wastewo.tet disposal systems where sewers are not available for the disposal of wastewo.tet? 14-46 Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o o Less Than Significant Impact o o o o o o o No Impact . . . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-e The project site has been previously disturbed with the construction of the existing church and school facility, storm drainage and site improvements. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit for the proposed project as a standard engineering requirement. According to the Engineering Department, there are no mown or suspected seismic hazards associated with the project site. The site is not within a mapped Earthquake Fault Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. Erosion control measures would be identified in conjunction with the preparation of final grading plans and would be implemented dUring construction. The implementation of appropriate and maximum water quality best management practices (BMPs) dUring construction would be required in accordance with the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). All portions of the development area disturbeddmmg construction would either be developed or would be appropriately landscaped in compliance with the Chula Vista Municipal Code, Sections 19.36.090 and 19.36.110. Compliance with SUSMP requirements would be ensured by the City Engineer prior to the issuance of grading permits for the proposed project. Compliance with the City and regional standards would lessen any potential impact to less than significant. Mitieation: No mitigation measures are required. VII. HAZARDS Al'ID HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine trnnsport, use, or disposal of hazardous materials? o . o o b) Create a significant hazard to the public or the 0 . 0 0 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous 0 . 0 0 or acutely hazardous materials, substances, or waste within one-quarter mile of an exiSting or proposed school? d) Be located on a site which is included on a list of 0 0 0 . 14-47 Issues: hazardous materials sites compiled putSuant to Govemment Code section 659625 and, as a result,. would it create a significant hazard to the public or the eavU:onment? e) For a project located within an ai1:port land use plan or, where such a plan has not been adopted, within two miles of a public ai1:port or public use ai1:port, would the project result in a safety hazard for people residing or worlcing in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or worlcing in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or sttuctw:es to a sigoificant risk of loss, injury or death involving wildland fues, . including where wildlands are adjacent to urbanized areas or where residenoes are .. intetfuixed with wildlands? Comments: a-c) See Mitigated Negative Declaratiou, Section E. Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact . . . . Mitie:ation: The mitigation measures contained in Section F of tb,e Mitigated Negative Declaration woUld mitigate potci1tiaIly significant hazaxdslhazardous materiaIs impacts to level of less than significance. Tn addition, refer to Section F of the Mitigated Negative Declaration, Air Quality Section, and mitigation measures. 14-48 __ __. ___ .___...._._______ .___ _._.__ .___________.__..__.___ _____.___._...____ n__________. Issues: VITI. HYDROLOGY AND WATER QUALITY. Would the project . a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Oean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially ~lete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table leVel (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ~ted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of sUrface runoff in a manner wbich . would result in flooding on- or off-site, or place structures within a 100-year flood hazard area which would impede or redixect flood floWs? 14-49 Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated . o o o Less Than Significant Impact o . . . No Impact o o o o -. ----- ----....---.--..----... ...-------------------~._--_._._-- ..---.---- e) Expose people or structures to a sigoificaat risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact IncorPorated Impact 0 0 0 . . Issues: f) Create or contribute runoff water, wbich would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? o o o . Comments: a-f) See Mitigated Negative Declaration, Section E. Mitie:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant HydrologylWater Quality impacts to level of less than significance. IX. LAND USE AND PLANNING. Would the project . a) Physically divide an established co=unity? o o o . b) Conflict with any applicable land use plan, policy, 0 0 0 . or regulation of an agency with jurisdiction over the project (ificluding, but not litnited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an envitonmental effect? c) Conflict with any applicable habitat conservation 0 0 0 . plan or natural co=unity conservation plan? 14-50 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated . Less Than Significant Impact No Impact Comments: a) The project site and surrounding parcels are fully developed. The proposed remodeling of the chmch and school facilities would not disrupt or divide the established co=unity because they are part of an existing p=itted landuse. Therefore, no significant planning and land use irn:Pacts would occur as a result of the phased project b) The proj ect site is located in the R3 (Multifamily Residential) Zone and RH (High Density) General Plan land use designation. The project is consistent with the applicable zoning regulations and land use designations; therefore; no impacts are anticipated. c) The project would have no impact or conflict with any applicable adopted environmental plans or policies and would not conflict with the adopted ChuIa Vista MSCP Subarea Plan, which designated the proposed project site as a Developable Area. Miti!!:ation: No mitigation measure~ are required. X. :MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? . o o o . b) Result in the loss of availability of a locaJly-importaot mineral resource recovery site delineated on a local general pIan, specific plan or other land use plan? o o o . 14-51 Issues: Potentially Significant lqtpact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-b) The proposed project has been previously disturbed and would not result i11 the loss of availability of a knownmineral resource of value to the region or the residents of the state and has not been designated for mineral resource protection by the State of California Department of Conservation. Therefore, no impacts to mineral resources would occur as a result of the proposed project. Mitil!ation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of naise levels 0 . 0 0 in excess of smndatds established in the local gen=l plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 0 0 . 0 groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise 0 . 0 0 levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in 0 . 0 0 ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan 0 0 0 . or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working o o o . 14-52 _-----------n.-. _ __..~___ __u___ .__.__..____._.._.+__ _. __._.m..._.____.__+_ __.___ .______.___._..__n___. m____.___._._______.______ Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact in the project area to excessive noise levels? Co=ents: a-d) See Mitigated Negative Declaration, Section E. e) The project is not located within an airport land use plan nor within two miles ofa public airport, or public use airport; therefore, the project would not expose people residing or working in the proj ect area to excessive noise levels. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to excessive noise levels. Mitil!:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant noise impacts to a level ofless than significance. XII. POPULATION AND HOUSING. Would the project a.) Induce subsWltial population growth in an area, either directly (for exarriple, by proposing new homes and businesses) or indirectly (for example, through extension of roa.d or other infrastructure)? o o o . b) Displace subsWltial numbers of existing housing, necessitating the construction of replacement housing elsewhere? o o o . c) Displace subSWltial numbers of people, necessitating the construction of replacement housing elsewhere? o o o . 14-53 ~------------'_.<' -.---- .-.-.-...--.--<--.---.--------- Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a-c) The project involves remodeling and expansion of the church and school facilities and does not propose new residential development that would induce population growth or divide the established community. Furthermore, no displacement of housing or persons necessitating the construction of replacement housing or adverse impacts to population or housing would occur as a result of the proposal. Mitil!ation: No mitigation me.asures are required XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the proVision of new or physicilly altered govemmental facilities, need for new or physicilly altered govemmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perfoonance objectives for any pubuc services: a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? 14-54 o o o o o o o o o o . . o o o o o . . . ------------------- ---- ----- ..---. ---.-----..--...----.-------... ..---.-.... ....-.... Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact COIDments: a) Adequate fire protection services can continue to be provided to the site without an increase of equipment or personnel. The applicant is required to comply with the Fire Department policies for new building construction, emergency circulation, fire hydrants and fire prevention. The City Fire Department has determined that the proposed proj ect would not have a significant effect upon or result in a need for significantly new or altered fire protection services. The City's Fire performance objectives and thresholds will continue to be met. b) Adequate police protection services and response times can continue to be provided upon completion of the proposed project. The City Police Department has determined that the proposed project would not have a sigoificant effect upon or result in a need for substsntial new or altered police protection services. The City's Police perfurmance objectives and thresholds will continue to be met. c) The proposed proj ect would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result. According. to the Chula Vista Elementsry School District letter dated January 27, 2006, any facility used exclusively for religious purposes is exempt from school fees. d) Because the proposed project will, not induce a substantial population growth; it would not create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have a significant effect upon or result in a need for new or expanded govertunentaIservices and would be served by existing or planned public infrastructure. Mitil!ation: No mitigation measures are required. XIV. RECREATION. Would the project a) 1:i1crease the use of existing neighborhood and regional parks or other recreational facilities such that su1:lstantial physical deterioration of the facility would occur or be accelerated? o o o . b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? o o o . 14-55 -- -. ------..--..-------------.----.----.------.----------- Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities. The proposed project will not significantly impact existing neighborhood parks or recreational facilities. b) The church and school project contains its own recreational facilities and playground areas and would not create significant increase or substantial deterioration to existing public parks or facilities. The project site is not planned for any future public parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse physical effect on the recreational environment. Mitie:ation: No mitigation measures are required. xv. TRANSPORTATION / TRAFFIC. Would the project a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street systerp. ~.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity rntio on roads, or congestion at intersections) ? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase. in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 14-56 o . o o o o o . o o o . o o o . o o o . ._....___m_._ _ .__...._n __._.__..._ ...-..----..---.--.-.-------.--.. .--~._-- .--...-"". ---..----.--.----.---- _. .-.. ~..-.-------. Issues: f) Result in inadequate parlcing capacity? g) Conflict with adopted policies, plans, or programs supporting alteroa.tive ttlInsportation (e.g., bus turnouts, bicycle racks)? COlnments: a-g) See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated . o Less Than Significant Impact o o No Impact o . Mitil!:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant TransportationtTraffic impacts to a level ofless than significance. XVI. UTiliTIES AND SERVICE SYSTEMS. Would the project a) EXceed wastewater trea1ment requirements of the applicable RegioDal Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the constroction of which could cause significant environmental effects? c) ReqUire or result in the construction of new stOl:lI1 water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste 14-57 o o o o o o o o o o o o o . o . . . . o . o o o __.___.__._______. ._______________ __.__...______________.___n___.__._____ ________________...__ ---------- Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact disposal needs? g) Comply with federal, 8mte, md local stlltutes md regulations related to solid waste? o o . o Comments: a) The project is located within an urban area that is served by all necessary utilities and service systems. No exceedance of wastewater requirements of the Regional Water Quality Control Board would result nor significant impacts would occur as a result of the proposed project. b) See XVI.a. The sewer facilities serving the project site consist of 8-inch sewerlines running along H Street and Third Street. The proposed improvements include the extension of the existing sewer mains from H Street and Third Avenue, later tyillg in with sewer laterals wi1;hin the project site for the different phases and separate sc,hool and churcl). building:s. Based upon the preliminary sewer study for the proposed project prepared by Rick Engineering Company, dated January 25, 2007, the Engineering Department has determined that these facilities are adequate"to serve the proposed project and no significant impaCts are anticipated to occur as a result of the proposed project. c) No construction of new storm water' drainage facilities or expansion of existing facilities would be necessary. d) The project site is within the Sweetwater Water District service territory. Pursuant to correspondence from the Sweetwater District dated January 27,2006, the pr()ject site may continue to be serviced from existing potable water mains. No new or expanded entitlements are anticipated for the proposed project. e) See XVI.a. and b. f) The City of Chula Vista is served by regional landfills with adequate capl!-city to meet the solid waste needs of the region in accordance with State law. The project is not anticipated to generate a significant amount of solid waste which would exceed the capacity of the Otay Landfill therefore impacts to the facility are less than significant g) In accordance with the Chula Vista Municipal Code, the applicant will be required to implement a Recycling and Solid Waste. Management Plan and comply with all federal, state and local regulations related to solid waste. Therefor", impacts are considered to be less than significant. Mitil!:ation: No mitigation measures are required. 14-58 _ ___.____ ___._. ______.__._________ u_u___..______.___.______.__u ___._____.________________ Issues: XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A.~ The City shall construct 60,000 gross square feet (GSF) of additional Iibtary space, ovet the June 30, 2000 GSF total, in the area east of Ioterstate 805 by buildout The construction of said facilities shall be phased such that the City will not fall belOw the city- wide ratio of 500 GSF per 1,000 population. Lbtary facilities are to be adequately equipped and staffed B) Police a) Emetgency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (I) minutes and maintain an average response time to all ''Priority One" emetgency calls of 5.5 minutes or less. b) Respond to 57 percent of ''Priority Two" urgent calls within seven (!) minutes and maintain an average response time to all ''Priority Two" calls of 7.5 minutes or less. q Fire and Emergen<;y Medical Emetgency response: Properly equipped and staffed fire and meclical. units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annuall:y). D) Traffic The Threshold S_dards require that all intersections must operate at a Level of Service (LOS) "e" or better, with the exception that Level of Service (LOS) ''D'' may occur during the peak two hours of the day at signalized 14-59 Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o . . . No Impact . o o o ---.-.... .--.------ ------~_..-- -~. --.---.----.--.---.---.-.-... -. -----------------..------- Issues : intersections. Signalized intersections west oEI-80S ate not to operate at a LOS below their 1991 LOS. No intersection may reach LOS ''E'' or "F" during the average weekday peak hour. Intersections of artetials with freeway =ps are exempted from this Stand:ttd. E) Parks and Recreation Areas The Threshold Standatd for Parks and Recreation is 3 acres of neighborl:tood and community parldand with appropriate .facilities /1,000 population east oEI-80S. F) Drainage The Threshold Standatds requb:e that storm water flows and volumes not exceed City Engineering Standatds. Individual projects will provide necessaty improvements consistent with the Drainage Master Planes) and City Engineering Standatds. G) Sewer The Threshold Standatds req1ili:e that sewage flows and volumes not exceed City Engin~ Standatds. Individual projects will provide necessaty improvements consiStent with Sewer Master Planes) and City Engineering Standatds. H) Watet The Threshold Standatds requb:e that adequate storage, treatment, and ttansmission facilities are constructed cona=ent!y with planned growth and that water quality standatds ate not jeopwlized during growth and consttuction. Applicants may also be requb:ed to patticipate in whatever water conservation or fee off-set progrnm the City of . Chula ViSta has in effect at the time of building petroit issuance. 14-60 Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o . . . No Impact . o o o --_..._--~----,_._-------------_..,-------_._--_... .----.-. .---..-..------.. .._-- Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not induce substantial population growtb; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a sigoificant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's POlice Threshold Standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site. Although the Fire Department has indicated they will provide service to the project as desigoed according to the current site plan, the project will contribute to the incremental increase in fire service demand through the City. This increased demand on fire services will not result in a sigoificant cumulative inipact. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. d) According to the traffic analysis, the surrounding street segments intersections will continue to operate in compliance with the City' s ~c threshold standard (LOS "C" or within identified threshold values) with the proposed project traffic and buildout conditions. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. e) Because the church/school expansion project is proposed for infil1 development andJocated west ofTnterstate 805, this TIrreshold Standard is not applicable. f} The proposed project includes drainage improvements desigoed in accordance with City standards. Based upon the review of the project, the Engineering Department has determined that there are no significant issues regarding the proposed drainage impTovemehts of the project site as iTIdicated in the Preliminary HydrOlogy Study. Tn accordance with City standards, post-de\>'eloped flows shall not exceed pre-developed flows and a final drainage study will be required in conjunction wij:h the grading plans. No adverse impacts to the city's . storm drainage system or City's drainage threshold standards will occur as a result of the proposed project. g) The sewer facilities serving the project site consist of 8-inch sewer lines nmning along H Street and Third Street. The pr<;>posed improvements include the extension of the existing sewer mains from H Street and Third Avenue, later tying in with sewer laterals within the proj ect site for the different phases and separate school and church buildings. Based upon the preliminary sewer study for the proposed project prepared by Rick Engineering Company, dated January 25,2007, the Engineering Department has deten:irined that these facilities are adequate to serve the proposed project. No adverse impacts to the City's sewer system or the Sewer Threshold Standards will occur as a result of the proposed project. h) Pursuant to correspondence received from the Sweetwater Authority Water District, the existing 8-inch water main located along the frontage on H Street and Third Avenue, as well as a 6-inch water main along AlvaradO Street currently' serve and will continue to. serve the project site. The applicant shall be required to coordinate with the Water District for proper desigo guidance of service sizes. No significaot impacts to existing facility systems or the City's water threshold standards will occur. Miti!!ation: No mitigation measures are required. 1 4- 61 Issues : XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential. to degrade the quality of the envirooment, subsllln1ially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustrining levels, threaten to eliminate a plant or animal co=unity, reduce the number or restrict the range . of a tate or endaogered plant or animal or eliminate impottllnt examples of the major periods of California history or prehistory? . b) Does the project have impacts that ate individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project ate considerable when viewed in connection with the effects of past projects, the effects of other cuttent project, and the effects of probable future projects.) c) Does the project have enviroomental effects which will cause subslllntial. adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o . o o . o o a) The project site is currently fully developed and l<icated in an established urbanized area within the designated developable area of the adopted Chula Vista MSCP Subarea Plan. There are no known sensitive plant or aniinal species or cultural resourCes on the project site. No substantiai adverse impacts would occur as a result of the proposed project b) No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects (Urban Village, Seniors on Broa<i\vay, Gateway Center, and Espanada) baye beenideIltified. As descnlJed. in the 1:fitigate<i ~egative Declaration, project impacts would be mitigated to below a level .of significaricetIlrough the required mitigation measures. c) See Mitigated Negative Declaration, Section E. Potential impacts to humans associated with the short- term construction, air quality impacts, hazardtbazardous materials, hydrologyfwater quality, noise, transportation/traffic would be mitigated to below a level of significarice. 14-62 Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potential significant impacts to a level ofless than significance. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Mitigated Negative Declaration 1S-06-013, Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program. xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental'Review Coordinator. Failure to sign the line(s) provided below shall indicate the Applicants' and/or Operator's desire that the Proj ect be held in abeyance without approval. John P. Dolan, Pastor Printed Name and Title . ..... {}.. I /. 3 'f :z....r. "7 Datel I SI e of Authorized Representative N/A Printed Name and Title of [Operator if different from Property Owner] Date N/A Signature of Authorized Representative of [Operator if different from Property Owner] Date 14-63 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning . Transportation/Traffic o Population and Housing 0 Biological Resources o Geophysical 0 Energy and Mineral Resources o Public Services o Utilities and Service Systems o Aesthetics o AgricultUral Resources . . Hydrology/Water . Air Quality o Threshold Standards . Hazards and Hazardous Materials . Noise o Cultural Resources o Recreation . Mandatory Findings of Significance 14-64 XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the . environment, there will not be a significimt effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, 0 and an Environmental Impact Report is required. I find that the proposed proj ect may have a "potentially significant impacf' or 0 ''potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as descnbed on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a. significant effect on the 0 environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable stimdimls imd (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing finther is required. ~-- ItA Itt' "3, 200-, Date emf Envi ental Projects Manager City ofChula Vista J:\Planning\MARIA\Initial Study\St Rose of Liima\IS-06-013cklstStRose.~o~ 14-65 . CONDITIONAL USE PERMIT RESOLUTION NO. c-63-3 "".;; RESOLUTION OF T~E PLANNING COMMiSSION RECOMIiEND fNil TO TflE CliY COIJMCGL APPROVAL OF A CaNDIT]ONAL USE PERHIT FIR PERK) S5 I on TO BU.I LO A NEW C!IlI(\cH EAST .OF EX.ISTnm:'l;filJf\C;~ 2.~..:S "tW ::;i1Rcf:.1 ANU' TO ADD: OfFfcE SrACE TO EXI~Ti,t.ifIlECTIlI\Y' . " WffEREAS..'B duly verifteCl app! icatioR Tor a conditIonal use permi t ~!i fi led with the P181f1ntn.9 Depar?nant on August 7. 1963 -'''!3nd tIona1 . WKEREAS. said,litpplicatiori requested tfiat the eppl icant be granted"s' concfi- U!'$e permit to" allow constructlon of a new church east of the exIsting church ", and tel add offica '~pace to the eX(~t[~g tr'ectorv.. " " , on property at .293' "fin Street described h. tha OIppllcationJ' and which :is zoned I\-j more particularly .snd WHEREAS, THe PlannIng Contmi!:i$ion set the tIme mod pl~ce: for a hearing on $ald applicatlon and notice of said hearTng ~QS given by the maIling of Q Jetter to property owners 'wl thin 300 feet of the exterior boundaries of the property at least ten days ?ri?r ~o the hearing, and, " _ " . . , . WHEREAS. the -hearing was held at the. time and piece, Mmely: 7:00 P.M'. Monday, I " ,..', "I I f August 19: 1963 In councIl Chambers. CIvic Ce.ter, Chula Vista Planning Camml$~(on and said hear-Lng ~as thereafter closed. before: the \ IIOW T~REFIRE BE IT RESOLVE~ THAT the Planni.g, C""""I.slon 'fInds a. foll_: 1. "That tha gr.anting of the conditional u~e permit will not be I1'IIIte~r.l1y detrlmentsI to the public healt~. safety or welfare~ So' stat~d. 2.. The characteristics of' the use proposed are reasonably compatIble with the type3.of use perm.ltted In the surrouRding areal. I" , " , ThIs Is an ImprOv......t over the old slt~. BE IT fURTHER RESOLVED that tha'Planning Cc:mnisslon recormnends to, the City Council that.a c::onditional use permit be granted to' St. Rosa of LIma Parish ,- " 293,1,"11 Str,eet; " for ,permissIon to"construct.s new church and to add office space: to the existing rectory.. ' . , ~App~val of thl~ conditional u~e permit i; recommended subject to the followIng c:ondl tions: . . .That a S foo-t hIgh masonry wa.l1 be constructed, a.long too easterly property line I.. of.. the developcDent.. ,2. , , That a Jandscap0 plan,be approved by the Planntng Depar~nt. .' , 3. "" arkrng spaces sball be surfaced wIth 2 Inch asphaltic concrete and 5 aces c ear y R'I!Ir. 4.. Entrance on Third Avenue be closed, as far 8S tne curb cut Is concerned.. Virgil D. Steve~onJ Chairman DATEI1: ATTEST: A~gust 19. 1963 14-66 h",,,..^ ('1UM1i'l'.TT 'l " ,- .....-t'" ].,...,i ~.,.,r'I' t'R'l Tn :::In..H+;r'ln~ ,..,t"'f'_c::+.r!"!I''''+:' lnaninQ' and unloacUn2' of uassenrers is --eI1\S"qn,...,.gp" 'h3'" r+r-';~:r::IY<:::! ~l"""'g o.;~~...,.... "rirl'... !"If' t':n~ ~hll,..~h trnm qp R1:; 'tnrnO tn ^,......:......rl'..... <::'+." Are the chBracte,i5ttc~ of the U~e proposed reasonably compatible with the type of ute~ in the zlI'"ea? "V"''''' Section i\l DAl!D 64 (r~ \- "") / I '/r.""-. AT , . FOREGOING IS TRUE AlID CO~RECT. !b\.....5>-_ J,''\,.l':;:- , C111 iforniij} a DEClARE, UNDER PENALTr OF PERJURY TlIAT THE 14-67 '" .)1j ...~"::W llJ!SOLtrnOll No. 3188 APFIl:OW.I, W THE CITi. COIlNCIL W TlIE CIn' Of! CllIlLA VISTA, CALIFOlllllIA TO 11iE PLAllllING C0WI88ION ACTION IN GRAl>lTING COIlDITIOl'lAL USE PEIllfiT TO ST. ROSE 01' lIMA CHURCa For cons"truc"tion of new churcJ:J. ..:. a.dd ta of.fice space WHEREAS)I on August 1.9.. 1963 ti:lB Plana.ing Commission held a Public Hear1:ng on the appU.catian of St. Res e of Lima Cm.trch for 4 Coodit1.onal Use Pennit ~ c;.onstruct:ion of: new' church _ add to oifi.ce space an the prop~rt:y loc:a.t:ecl 29'3 "II" S~reet' !WI. illHElt!:AS~ the p1dnn.J""g CoIam1.ssidl1, following said hearing, adapted a Kesolution::l' l:1itb find1.ngs. 't'02.commend1ng the gr.antlng of sa.1.cl Conditianal Use perid.t. as.id peride being subject tG l:ertain conditions ~ and RmlIrR'Aq. pU'suant -to Sectf.on 16.54 of Orclinso.ce No. '398 th~ said. re.-.........nd.lllt1ou. of 'the p1.'tn....i~g Comadssiou. appeared OD. the Agenda of ~ CitY Coaa.c.11; and llIBEItEAS.. the. S"aid City CouDC:i.l has rev1e.ved s.a1.d recCJI!II:lemlat:1.OIl awl f'fnd4ngs of t:ha l'la~g ~siO!il ancl all doctmleD.ts OD. fl11!l in coune:ction . witl> said appl1cat1al1 f.., Ccrad1t1oDal Use POrmit, BOW. 'mIlIlIlll'01IIl. be it r..olved and the City Cal:Dl>11 finds as folIo....: 1. %hat: said a.l:t:tcm. of the PlalUdng CalDmisslon.. together nth. sdd fiwlings J:eCOllllileDding the granting of said 'CaDditional Use Peraie. subjec.t. to the ~ad1.t.iQDS se.t: fartb. there.1.o.. eo st _ Rose of Lam Churcb fo:: eons t'ruc1:lon 0./ new' church _ add 'to of .flee .soace "" the property loc:ated, 293 tiEl" Street' ami llUlr<l particularly desu1bed in the lllat attached h.eJ:eBo. 1a hereby aff1rmed. and sstd Ccraditi<>aal Us.. Permit is hereby authorized as re""""",nded hy the l'lsml1itg Cc:am1ss1cm. 2. The City Clerk shall comply with the lI.....,loi""" of Section 15.56 .. aub-paragrapb 2 of Ord1ZW1CG!l 110. 398. 14-68 ..c.. .-= ,. FAsSED AMD Al'l'RO'Il'IID bY. the CIIr 'COlIllCIL of ,the Cm 00' CHllLA VISTA, CALU'ol1NiA tbis Sid o!ay of Sept""""'. li6l "y """ EoUo<dilg 'l't\Ice" tOil_it: A'LllS . 0lilu=11me", _..f. """Iliat.... _1 NAYES : Goun.1Im.", -. ABSENr: Coune.:pmen McIlIIiDa.; s.1u " Co) &old. W. Heaz:el .- &1or of the CUy of Chula Vista " '" _'t. \~nn~h ~';!~# CiI:7 Cl..., ", .... ' " STUll: av CALD'OIlIlU ) ClOUIIn' 0Jr SAIl DIBGO ) C1'ft Olr' Cam.A VIS1'A' ) " x,m.sm P. CAIil'IIIlLL. Cll:7 Clerk'ofo,tIla City ,of Chula Visc:a. caUfornia DO BEKBBY CEUIrl tbafC the' above and forsgo1ag is a. Eul.!. trWI and. c:oaei::t: copy of RAAolueiOn N~.'3188 su4 thef: the' ..- has ....t be... -_..~ or rcp.aaledo , " DA't1m: September 3. li63 " d~~~',J4~ ley Clerk '- \ '- " ',- ., 14-69 " ":""')I:n-~\""O tpmtQ :)~ltpz:) ~JO:lS01I":IS uqd""'l'lll"!l'!"'il i I WM I; -, J 1i~(:I i .~ I! ii !ll~ g I~ ) -I II.~ U~ II: I I~ o WM 14-70 -.-.--.....-.--.-------..-...-..-------- ~ d nnH . ~ I ~ vI ~ ~ u - & · I-t ~ .1 , , . , , . ~I I ~ l! ~ ~ 21 i I i , , &, , t !I I~ . . ,t- S . . lil! ~~~~~~~lilll~l! ~ i !!!H g ':Ii~ ; ~ w . l i.1 . ~g i I ~ n ! 1 !! ~n n; f ~ I ~ II ~: 1.1 , , , , ~ I ~ ~I i I , , , , , , !i I _Ii! s- !i! ~ ~ ~ ~ ~ ~I!iil:! lil: i id !HH~II.;I~. 1;l1 ~.Ini~ w !:i ~ I .:1.:1 .. I ~!g d I II ~I u H __.______.._~__.._ _~___1lI .rnrn.....TT'I.........Trn I . U~ r! " " , ,~" . u~ r! II II I.' IIn!1 ,-'.- -.---.-- Ij, !UH! ,.... J !~~ J Illhli Ii, IHni Ill!' I ~I I I CD ~il ~ ~. ~ ~ <I7 ~, '!;; g = ~ ,1' =, ~I " ~l" ! II ~ ~ ~ ~;i ~ ;1 t ! , !, ~t I . ;1 i · " ~.. ~ n I I h?i~, , ! 'I I~ · "; !i~, k~ l~'llIII~ itlll;- i w .1 S 11 . ~ i I~ n ! ! I · ~ ~ · ~ ~ ~ nnn , f !u;~ . U l;1 , . ~ , , ,~t I ~i I · ~l! ~~ ~ h I ~ ,&:l<, , ~ ,i I~ · 'I t~ s ; ! an ;lillIH lllil; i : . Ii.) . ~gii ISU ! .i ~ .. . ~ ~ E9 ~l ~ . ~ ~ . .-< .-< ... <l '" ] " oj ... ... ..: '" '" " '" " oj '" .-i '" - tIl ~ .-i '" H H H '" tIl 'oj .d '" "" <l oj OIl .;1 ... " ..-< >l '" k o I>< 1lmD~' E'lGINEERING COMPANY < ll-anspOTtclCUm Di1JiSion March14,2007 ~.JeffSteichen City of Chula Vista Planning and Building Departmenr 276 Fourth Avenue Chula Vista; CA 91910 SUBJECT: 'ADDENDUM TO TIIE FINAL SAINT ROSE OF LIMA PARISH MASTER PLAN TRAFFIC STUDY DATED JANUARY 30,2007 (JOB NUMBER 14615-C) Dear Mr. Steichen: Pursuant to your request, a parking occupancy count was recently conducted at the Chula Vista Gateway site (northwest comer of Third Avenue and H Street) to deterniine the parking availability at this site on a typical Sunday. This is one of the proposed Sunday off-site parking locations identified for the Saint Rose of Lima Parish Master Plan. The information provided in this letter will serve as an addendum to the Final Saint Rose of Lima Parish Master Plan Traffic Study prepared by Rick Engineering Company, dated January 30, 2007. SUNDAY CHULA VISTA GATEWAY PARKING OCCUPANCY COUNT Parking occupancy counts were conducted by Turning Point Traffic Service at the existing Chula Vista Gateway site on Sunday, February, 25, 2007. These counts were record,ed at 3D-minute intervals from 7:00 AM to 6:00 PM. The site currently has a five level parking structure consisting of 761 spaces and a 58 space surface parking lot (819 parking spaces total). App endi::x: A contains the parking supply and occupancy record sheets. Table 1 shows a summary of these Sunday parking occupancy counts. These counts ,show that the total parking at this location peaked at 10:00 AM with a parking occupancy of 8.8% (72 vehicles parked, with 747 empty parking spaces). These low percentages are due primarily to the limited weekend business hours of the Chula Vista Gateway tenants. Parking occupancy averaged about 7% between the hours of 8:00 AM to 2:00 PM (hours that fall within the typical Saint Rose of Lima Parish Sunday Mass times). This relates to about 58 vehicles parked, with 761 empty parking spaces. According to the Final'Saint Rose of Lima Parish MaSter Plan Traffic StUdy, 379 off-site parking spaces are needed to acco=odate the Sunday peak parking demand (544 parking space demand minus 165 on-site parking proposed = 379 off-site parking spaces). Therefore, the Chula'Vista Gateway site caD. acco=odate these 379 spaces during the Sunday peak period (761 > 379). 14-71 ATTACHMENT 5 5(l20Fri,tr:>Ro,lCl _ S.lnOi("~n.C,lIirnrlli.1"~II(}-~:;q(,. !1,lql~l1rl}-I)-' F..\X"lr,I'III<)f...llr.:;. r;..l.....'jn'."..i",..<tHI1 Mr. Jeff Steichen . March 14, 2007 Page 2 However, these current parking occupancy counts assume Chula Vista Gateway to be partially leased put. Therefore, in conservatively assuming that doubling the peak parking occupancy (8.8% x 2 = 18%) to represent a fully leased out Chula Vista Gateway project, this would relate to 148 vehicle parked with 677 empty parking spaces on a typical Sunday. Even with this conservative assumption, the Chula Vista Gateway site can acconnodate the 379 off-site spaces" " during the Sunday peak period (677) 379). , , . CONCLUSIONS Based on the Sunday parking occupancy count conducted, ample off-site Sunday parkiD.g for the Saint Rose of Lima Master Plan can be provided at the Chula Vista Gateway site. As mentioned in the Final Saint Rose of Lima Parish Master Plan Traffic Study, at least 544 parking spaces (on-and off-site combined) would need to be provided to acconnodate Sunday peak parking demands. With a minimum of 165 on-site parking spaces proposed, an additional 379 off-site parking spaces would be needed. Saint Rose of Lima Parish proposes to utilize the following off-site locations to help meet the peak Sunday parking demand: Off site oarking location Alvarado Street Sharp-Rees Steely Clinic Chula Vista Gateway Site Available oarkIDg spaces 70 76 819 TOTAL: 965 Appropriate parking agreements have been obtained to utilize both Sharp-Rees Steely Clinic and Chula Vista Gateway off-site parking locations. " Should you have any questions, please contact me at (619) 291-0707. G COMPANY Attachments cc: Mr. Dave Kaplan - City"ofChula Vista Mr. Deacon Greg Smyth, Suint Rose of Lima Parish 14-72 "'l ..J '" 1:1 ~ '" :;: ;-. ::> -< '" ?; H '" Z ~ 5 Cl~(J 1:1Atl ~~~ ;'-"',,-, ::i e ;:> (J = '0 (J Cl Z sa ex: -< 0.. .........0........ ...".. ...... ......,",.,....._.....J....J....3......J:........ ........f........ ........ ..._...,.......~.._._l.............._~....._t.......~......~.......f.............~."~.~...,, .~_:.......::::: ..:.....:..::.. . :::...._.. ..-...._.-..: ......-.-.-:::T.;.:':.-..::.':.l...-::..:....:t..-::........t"........-::.:;{.:.-::......~..f_-::....:.-... .::.........-.f:::::.-:;:. :::...-:..... ....:.-...........":...-:.....;f::...~:..... ................,~.::::::.....~.::..::.-:t.::::..:.......~.:..:....)t....:.......:t':..::.:......::_.:.-:::....~~~.:....... I ~I~ ~ ~ s ~ ~ * ~ ~ * ~ ~ ~ ~ ~ ~ s ~ ~ s ~ s " ~ ..J OJ > OJ ..J e ::I >. ;:; 8: 2 ~ en ~~ '" c ~ ~ ~ ~ "- a. ~ o a. ~ 8 o I I I 01010/010/0101010 OIOJOIOIOfOIO 0101010/01010 .:::-:::~. ':-:-~:':~~III:':':':-:::':"" "'::-~~~-:-:'~':1"):'~!7: :.:.:.:-:~-: :.;.:.:.:-:-:: ::-:.~.:.::. :.:-:.:.::.:-: ::.:."*:-:.:-:-:-::-:.:i::t.:.~-...:.:::.:- ..... . ::.:~:. .::.......:.. ................. .................... ".-::.-:.-:. .-:...-:.-.~ ...~....-: ..:......~..~ .......~........ ......::...... ...~~......:.. ..:...-:....: .......:...... : fl~ ':i<.:,:i::: ."..m'''. "iO" ~..........m ~;.;;:;. ;...m. :;;.::;i: i~i r;''' ...... ~~;; ;~~ i.~i;; ;;(~:;~ :;~;~~ ;~;;; ...m.. ........ ..n. . ... ........ ........ BII *, :=ilif4l:i~~.~ =0 :.;1&. .... ......... ..m ......... .n..' ....,...,....t.......J...~......l...,...,..m.,.,..~l.........l.......,.....,."...... ..,...........t................."..............,.......... ....... .....m m.... ..,...,...l...,..l.~.~. ,............ : I!! ~I~ ~ ~I~I~'~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~INI~ ~I~ ~ ~ ~:i!!~f .t~~~ .m. ~7'. ~~ff~f.:~~'f.: :~:~~TI:~::~~: : ~; .= ~:~:~~t~~:~~~ ~~::~ ':':-::-:':':':'I':'X':':~';' .;.x.:.7{.:.. ... I ~ m '" m 0. M ..J "' [;j ..J ~ o . ~ >. 0.. _ a. :::J o 0. 8 .5::;J 0 en ~~ ~ '" c ~ c :g t! <<l m "- "- ~ NIN '" NI~I~I~ :@:~,,: ~I~ N N N !~~:.::.:.:.:. .:.~.]il . '~:~~~~~1~' ~ ~ ..J ILl > lU ..J e .3 >. u 8: 2 ~ en :~ co c ~ c :g ~ cu m "- .. ~ m a. " S o '" ~ '" "$. ~ N 1; m U. " ;!: " '" ~ " ~ '" " OJ " ~ '" t\l " ~ " ~ N '" '" '" '" ~ '" " ~ '" m '" '" ~ '" " ~ " ~ '" .... " ;'! " 0; " ~ " ~ " '" " ~ is ~ -- · .1 '" ' , , " , '" ' + ' , --I_:J:d --------~ --'--rT-.~,.1I1TTrTfr'~- .TT-'---.., " ",.., ___I_~J-____--lIJ~___L.-J..-_.__ . .....-.......-...-.-. ~ ...... -~... -~...)..;.. ...;.. ...;. ;......;.. i' "i" 'i" "~"I n~.... .~....~... "~'T~ ;.. n~'I"~"I'" ~"I ~ 1 ~ I ~ ~ ~ 0 0 0 0 0 0 g g g g g goo 0[0 0 0 0 0 oolgJoO .. L- 0 '", 0 '" 0 C') .. .. .. .. .. -. 0 '" 0 '" 0 ('J I 0 I ~ .. I .. , .. (D r- r--: r-: 1.0 oi:i I CD 1 CD 0 TJ ~ ~ ~ ..- .... N ~ N .n ~ .q: .q.! 10 ! lQ ; to ~ ~ . ~ ~ 0. = C o ~ ~ APPENDIX A ~hula Vista Gateway Parking Supply/Occupancy Record Sheet . 1 4-74 \3'J... (9V.>fJs L€1J'iLS: , ;)..c,." /0 /,;L .5 18 S r fti3 n :{'" :s IS" It'- I 112 {. 6:0eL~ - lot , \..: (Jt rrVS.i~6 Le.veL- '~ f ;)'J-. 5 }1'1: : JJ t :1; ; 'f-\(t It--/- I ( ,... : Orw 'oi 8-3 -<6 t _ \ /'d ~ ~f)0lfr$iJ'L GPDO~ rLobtZ, ~ - ----:> -vt- -BI~ ToTAL '0/l-H'i.. wll.,,\ r ~ I i I ~ -><\{1:\ '" r I 1 '> ,- I !{ i =4 f I I 1 i r ~ t L , '( I f \1}-. 1 ~iO-:- . kA~\ l,~ 9\1'--t.i:.-( (;hvLJ::i. 0~0"1-l bArS04j , "P-A e. K... r,0 '}- 6J-,. - J---S'" - D 7 .r 10 s i cR.e. L e. lJ e L 3 . ~, I J--3 5' (t Jt[ g 'rftl'l 3 lff 11' S" <.Jj Cj 6 'f'3 '-f \V r 1'1 h. <>I ,~ ~ Is, g 18 9--.. 3 5" Ilrl'1 gfl jJ 4-Lfl j ~ l..y '1 e..y rL{-, j-J, \!J t ~1 ~ V) /5 g- ( 7 LE.\J12'L i f (~ I ./ ,/ .s j t q g 4. 3' '-l ~! J'~ ~ 5 "''1''61/ --l'6Lf ~J "11 ~ ,B' ~ ~ ~ r::' 4-75 ;? ~ 'r- Q/, ~4 ------ .." TABLE A CHULA VISTA GA TEW A Y SUNDAY PARKING STRUCTURE DCCUP Ai'lCY -COUNT SUMJ\;IARY LEVEL 1 "':"'''''.~ .,.;:%($......,.. :~S~-t~9$:~...t..;;;}~~ :~~>;; :. >.~(~ LEVEL 3 TIME Parking Supply: parked 4:3.0 PM 5:00 PM 5:30 PM 6:00 PM .......$. .,..-.,- " .,' Note: Parking occupancy counts conducted. an Sunday, February 25, 2007. 14-76 LEVEL 5 Parking Supply: () a 6 o 6 o <l o O. 0. CJ fJ o a o <J 6 D () o o parked ~ o '.{1t. :: .~",..'~ ..,.....' ." ~..)...:v.:rv....:.~' t._ :Xi~n;f.t':.;.... ;.:':l..'; ;~;E'l~~.~:t". :,-..::: :....t.7:.;.~;..; .,.....:....,;~;j.~ . ;.:.t:.<< ;2:'b,":' ,I ~.,~fJ:"l~~ ~- .~: !}.....:.-r . }:\;rtj:~.j;~:~:~; ,f;t.~ .':<t: ..:.';1;.'C....;"W~ " ,~1..~!t_i''''...... .' :.._~~":t; 1 .' (1JzH'...... ..,.': f:? '}./J:;[. .;:;., '~i"" i..,,~~'Wt~~\'~ 'J~W~-:f ,~ ~ :.~~r ::.r.:.~\~..~ ".:;.: L. . .~ ._._~'<> ..~ : ...;~.'.~im ~:~~$<\:~f.1 . "-H ",' "," .' '.<."1-"'1 . ..",. , !:.~.;;~oc:... . .,';:'" :......;Jr.......,:...: ,''\: .. "...r.~." :. : ~;.:;;~2. ....:..: .~.~. ...::.'4"d'.''''3:....,~. ...., '$.:~.. ,. . . ..~ . : i~~~:;::.. :. -. '....:::- """~"";'-.. :.., :....::" '.:::1 .' ~ .' . .' . PROPOSED PRECISE PLAN STANDARDS Minimum Building Setbacks: Third Avenue: o feet Alvarado Street: o feet H Street: o feet Building Height: 54 feet (top of roof) 90 feet (top of spire) Fence Height: 8 feet height (along interior/eastern) DroDertv line Parking: 261 of required parking spaces allowed off- site. Shared parking will be allowed in conjunction the following: 1) parking study showing excess parking available from Donor during time of applicants need for such spaces 2) copy of agreement between Donor and Recipient. Off-site Pedestrian Access: Modification of Section 19.62.040 of CVMC to reqUIre only a two party agreement between applicant and City required ensuring that off-site parking SDaces will be Drovided. ATTACHMENT 6 14-77 4:52:59 PM 5:14:40 PM 4:54:31 PM Design Review Committee Minutes 5 Mav 7, 2007 3. DRC-06-S0 St. .Rose of Lima Catholic Parish of the Diocese of San Diego The proj~ct is located at 293 H Street. Desion Review for the phased renovation and expansion of the existinG St. Rose of Lima Catholic Church and Parochial School. Project Manager: Jeff Steichen, Associate Planner Chair Alberdi recused himself for this item and stated Mr. Bringas would be leading this part of the meeting. Staff Presentation: Mr. Jeff Steichen, Associate Planner, presented the project details to the committee. He stated that the project is located at 293 H Street and proposes a phased ,renovation and expansion of the existing St. Rose of Lima Catholic Church and Parochial School. He .. ..added that as far as the parking is concerned, because the project is based upon the Urban Core Specitk Plan, the residential areas were taken out. Therefore, this project will be processed based upon the Municipal Code standards and as a result, a total of 429 parking spaces will be required at Phase 3 build out. The applicant is proposing 169 onsite parking spaces arid is in the process of obtaining a formal agreement with the Gateway Center across the westslde of Third Avenue to utilize their large parking structure to accommodate the 260 required offsite parking spaces. Aoolicant Presentation: Father John Dolan, pastor of St. Rose of Lima parish, introduced himself, project manager Deacon. Greg Smyth and their architect, David pfeifer with Dominy and Associates. Deacon Smyth stated they are here to seek approval of a master plan for their conditional use permit, which involves phased replacement of their facilities. Mr. Pfeifer presented a powerPoint presentation to the committee. STAFF RECOMMENDATION: That the Design Review Committee approve of the project subject to the conditions stated in the draft Notice of Decision. Public Comments: None 14-78 ATTACHMENT 7 5:16:02 PM Design Review Committee Minutes 6 Mav 7.2007 COMMITTEE DISCUSSION: During discussions, the following were noted as Committee comments/major concerns: . How was it determined where the arcade was going to be. It doesn't seem consistent as to where the windows are squared and where there is an arcade. o Mr. Pfeifer stated they did not want it to look like one huge building. They wanted to retain the sense of It being a campus of smaller buildings. They felt if they did a continuous arcade all the way around the building, it would have made it feel too massive. . Would like to see a circular element of a window on the fa~ade that faces the play.' area on the northern portion of the school site. o Mr. Pfeifer said that was very doable. . It looks like the arcade between the school and parish hall along Third Avenue will be open to the street. Is the intention to have fencing or' something closing off the arches so pedestrians do not go through there. o Mr. Pfeifer stated there are 12-foot tall arches in the center elevation and the lower 6-feet of them will be solid wall. There will be security grills or ornamental iron above that. . Since there is no elevation or rendering with the tower on the opposite side, other than blocking the entry courtyard, are there any other implications that will have. o Deacon Smyth said the diocesan iiturgical committee generally likes to see a gathering area outside the front door in churches. With the tower in the original position, it impinged upon the gathering area. By moving it over, it made the gathering area larger. He aiso stated the City asked them to put a right turn lane on H Street, which caused them to have to cheat the building 5 to a-feet north. The fact that the tower was moved over gave them the luxury of doing that without hurting the gathering area. . . In looking at the corners on Third Avenue, H Street and Alvarado, they feel like the back of the church and wondered if there was a way to make them feel more like a corner point of view than what it is right now. o Mr. Pfeifer stated that the church is 5-years down the road. What they are looking for at this time is the approval of the master plan of phases 1 and 2. When the church is designed, it would come back to the Design Review Board and they would have really studied those issues. Deacon Smyth added that Community Development stipulated that they had to have a door there and there is an entry now incorporated in the floor plan of the church. It is a work in progress and completion is contingent upon fund raising. . Are there any materials, colors or textures that could be used as accent points to the Gateway Center without trying to be a mirror image in character, but being complimentary to it. o Father Dolan said from. the .onset, they_wanted to make sure it would compliment the Gateway Center. He felt they could include some of the elements on their project. Mr. Steichen clarified that tonight, the committee would be approving the master plan and the architectural design of phases 1 and 2. They have added into the conditions of approval, item #10, that states prior to construction of phase 3, applicant shall return to 14-79 Design Review Committee Minutes 7 Mav 7,2007 the Design Review Committee for review and approval of the church sanctuary. Design approval should be based upon conceptual plans for the church approved today. In addition, the design shall incorporate the existing architectural mission theme and this would be the appropriate spot if the committee wanted to add any additional language regarding the church, . 11 :34 PM . MSC (BringasjHogan) (3-0-1-0) Approve DRC-06-S0 project as presented with the condition on item #10 to incorporate accent colors and materials that would be complimentary to the Gateway Plaza, which can be reviewed in the future; and adding the rosette onto the phase 1 building which faces the play.. area. . l2:55 PM Chair Alberdi rejoined the meeting at this time. 14-80 > ~ (ft... -.- , --- P I ann ng & Building Department Planning Division I Development Processing CITY OF CHUlA VISTA APPLICATION APPENDIX 8 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that wiii require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial Interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. Us! the names of all persons having a financial Interest in the property that Is the subject of the application or the contract, e.g" owner, applicant. contractor, subcontractor. material supplier. OWNER: THE ROMAN CATHOLIC.BISHOP OF SAN DIEGO, A SOLE CORPORATION DBA ST. ROSE OF LIMA CATHOLIC BAlUSH, 293 H STREET, CB1JLA VISTA, CA. 919io 2. If any person' identiffed pursuant to (1) above is a corporation or partnership, list the names of ail individuals wtth a $2000 investment in the business (corporation/partnership) entity. N!A 3. If any person' identified pursuant to (1) above is a non-profit organization or trus~ list the names of any person serving as director of the non-profit organization or as trustee or. beneficiary or trustor of the trust. TIlE ROMAN CATHOLIC BISHOP OF SAN.DIEGO, A SOLE CORPORATION DllA ST. ROSE OF LIMA CATHOLIC PARISH. FATHER JOHN DOLAN 4. Please identify'every person. inclUding any agents, employees. consultants, or independent contractors you have assigned to rep~sent you before the City in this matter. FATHER JOHN .DOLAN DEACON GREG SMYTH MR., :gAym. PFEIFE;R, AIA MR. A. LEmS"'DOMINY; AIA 5. Has any person' associated with this contract had any financial dealings with an official:* of the City of Chula Vista as it relates to this contract within the past 12 months, Yes_ No-L If Yes, briefly describe the nature of the financial interest the ofiicial- may have in this contract 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the ChuiaVista City Councii? No ~ Yes~lfyes, which Council member? . . . 14-81 ATTACHMENT 8 l. ~\f?. ---Jr- , - plannin" '" & Building Planning Division Department OeveJopment Processing mY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7.' Have you provided more than $340 (or an item of equivaient value) to an official" of the City of Chuia Vista in the' past twelve (12) months? (This includes being a source of income, money to retire a iegal debt, gift, loan, etc.) Yes No-.L If Yes, which officiili** and what was the nature of item provided? Date: 09 SEPTEMBER 2006 REV. JOHN P. DOLAN, PASTOR type name of Contractor/Appncant Print or . Person is d"fined as: any individual, firm,' co-partnership, joint venture; association, social clu~, fratemal organization, Porporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other pontical su6division, "or any other group or C9mbinatioh acting as a unit .. 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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORlNG AND REPORTING PROGRAM IS-06-013, AMENDING ZONING MAP OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR 3.9 ACRES AT THE NORTHEAST CORNER OF THIRD A VENUE AND "H" STREET, CURRENL Y ZONED R-3, APARTMENT RESIDENTIAL I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this Ordinance is diagrammatically represented in Exhibit "A" and hereto incorporated herein by this reference, and commonly known as St. Rose of Lima Catholic Parish, and for the purposes of general description consists of approximately 3.9 acres at the northeast corner of Third Avenue and "H" Street. ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on September 21, 2006, 2006 by St Rose of Lima Catholic Parish (Applicant), requesting approval of a zoning modification application to establish the Precise Plan Modifying District and adopt Precise Plan Standards for 3.9 acres know as St. Rose of Lima project. It is currently zoned R-3, Apartment Residential; and, C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on May 7, 2007, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0-1-0 to approve DRC 06-50 contingent upon approval of this Ordinance and the Ordinance entering into effect; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 27, 2007, and after hearing staff presentation and public testimony, voted 4-0-3-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and, WHEREAS, the Planning Department set the time and place for hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project, at least ten (10) days prior to the hearing; and, 14-94 Ordinance No. Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 27, 2007, and the minutes and Resolution resulting there from, are incorporated into the record ofthese proceedings; and E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on xxxxxxxxx, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staffs presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to adopt the Mitigated Negative Declaration, (IS-06-013) and approve the Project, in accordance with the findings listed below; and F. Discretionary Approvals Resolution Ordinance WHEREAS, at the same City Council hearing, at which the Ordinance was introduced, for first reading ( ,2007), the City Council of the City ofChula Vista approved Resolution number _by which it approved a Conditional Use Permit for the Project Site. NOW THEREFORE, the City Council of the City of Chula Vista does hereby finds, determines and ordains as follows: A. Certification of Compliance with California Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-013 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant impacts on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-013 and associated Mitigation Monitoring and Reporting Program. B. Independent Judgment ofthe City Council WHEREAS, the City Council considered Mitigated Negative Declaration IS-06-013 together with any comments received during the public review process; and WHEREAS, the City Council further finds that on the basis of the whole record before it (including the initial study and any comments received), the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the 14-95 Ordinance No. Page 3 applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the Mitigated Negative Declaration and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption of the Mitigated Negative Declaration is based, and WHEREAS, the City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-06-013), in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-06-0 13). C. The zoning modification of the Project Site is consistent with the City of Chula Vista General Plan, as approved on December 13,2005, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to modify the zoning of the Project Site as depicted in Exhibit "A" from the R-3 (Apartment Residential) Zone to the R-3-P, Apartment Residential Zone with Precise Plan Modifying District, including Property Development Standards as represented in Exhibit B. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING PRECISE PLAN STANDARDS. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances are evident, which allows the application of the "P" Precise Plan Modifying on the Project Site: I. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Establishing the Precise Plan Modifying District and Precise Plan Standards to guide the redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. The precise plan standards are intended to address specific site design constraints and opportunities and protect the residential neighborhood to the east. Thus, establishing the precise plan modifying district will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: 14-96 Ordinance No. Page 4 The property or areas to which the P modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible. The site is adjacent and contiguous to the newly adopted Urban Core Specific Plan (UCSP) on three sides (north, south and west). The UCSP promotes a development pattern, which facilitate a compact urban environment, which is pedestrian friendly. These development standards include: (I) zero building setbacks from all adjacent street sides; (2) increased building height; (3) increased fence height to 8 feet along eastern property line; and (4) minimal on-site surface parking with remaining parking off-site. The zero building setback line with on-site parking to the east, behind the buildings, which will front along the western portion of the site facing Third A venue and H Street. The proposed building height of 54 feet will be similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the R-3 zone would limit the ability of the applicant to propose a design which: The requested deviations under the Precise Plan are necessary in order to achieve a consistent urban-type development similar to the existing and proposed surrounding development to the west, north and south. The surrounding Urban Core Specific Plan promotes a development pattern, which facilitate a compact urban environment, which is pedestrian friendly. The proposed precise plan development standards include: (I) zero building setbacks from all adjacent street sides: (2) increased building height; (3) increased fence height to 8 feet along eastern property line; and (4) minimal on-site surface parking with remaining parking off-site. The zero building setback line with on-site parking to the east will facilitate placing building frontage along the western portion of the site facing Third Avenue and H Street. The proposed building height of 54 feet will allow a building height similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Vista. The Precise Plan Modifying District and Precise Plan Standards will conform to both the General Plan as well as the newly adopted Urban Core Specific Plan, whose boundaries surround the project site on three sides. The increased flexibility inherent in the Precise Plan Standards will guide the development or redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. This is consistent with the goals and policies of the newly adopted General Plan. 14-97 Ordinance No. Page 5 F. The Precise Plan and Precise Standards as depicted in Exhibits B are adopted and are supported by the required findings (CYMC Section 19.56.041, as outlined above. II. APPROVAL OF ZONE MODIFICATION The City Council of the City of Chula Vista does hereby approve the rezone to establish the Precise Plan Modifying District and adopting Precise Plan Standards for the Project Site as represented in Exhibit "B". III. EFFECTIVE DATE 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 James D. Sandoval Planning and Building Director Exhibits: Exhibit A: Zone Modification Map Exhibit B: Precise Plan Standards J:\Auomey\Ordinam;eIAdopt MND & MMRP IS_06-OIJ_07_17_07.doc 14-98 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT St. Rose of Lima Catholic C) APPLlCAm P . h ans PROJECT 293 H St EXHIBIT A ADDRESS: . SCALE: FILE NUMBER: NORTH No Scale PCZ-07-02/PCC-~ L:~~e Fj~~~\Locators\pCZ0702""pCC060042_CUP-zoning Modification.cdr 06.26.07 PROPOSED PRECISE PLAN STANDARDS Minimum Building Setbacks: Third Avenue: o feet Alvarado Street: o feet H Street: o feet Building Height: 54 feet (top of roof) 90 feet (top of spire) Fence Height: 8 feet height (along interior/eastern) I property line Parking: 261 of required parking spaces allowed off- site. Shared parking will be allowed in conjunction the following: 1) parking study showing excess parking available from Donor during time of applicants need for such spaces 2) copy of agreement between Donor and Recipient. Off-site Pedestrian Access: Modification of Section 19.62.040 of CYMC to requrre only a two party agreement between applicant and City required ensuring that off-site parking spaces will be provided. Exhibit B 14-100 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND APPROVING CONDITIONAL USE PERMIT TO ALLOW THE RENOVATION AND EXPANSION OF AN EXISTING CHURCH/SCHOOL FACILITY KNOWN AS ST. ROSE OF LIMA CATHOLIC PARISH LOCATED AT THE NORTHEAST CORNER OF THIRD AVENUE AND "H" STREET. 1. RECITALS A Project Site WHEREAS, the areas of land, which are the subject matter of this Resolution, are diagrammatically represented in Exhibit "A" and hereto incorporated herein by this reference, and commonly known as St. Rose of Lima Catholic Parish, and for the purposes of general description consists of approximately 3.9 acres at the northeast corner of Third Avenue and "H" Street. ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on January 13, 2006 by St Rose of Lima Catholic Parish (Applicant), requesting approval of a Conditional Use Permit to renovate and expand the existing church! school facility in three construction phases ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including Precise Plan guidelines adopted City Council Ordinance Number on ; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 27, 2007, and after hearing staff presentation and public testimony, voted 4-0-3-0 to recommend that the City Council approve the Project, in accordance with the findings and subj ect to the conditions listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 27, 2007, and the minutes and Resolution resulting there from, are incorporated into the record of these proceedings; and 1 4-1 01 Resolution No. 2007- Page 2 E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project sites at least 10 days prior to the hearing. F. City Council Hearing WHEREAS, a duly called and noticed public hearing on the Conditional Use Permit was held before the City Council of the City of Chula Vista on July, 10 2007, on this Project and to receive recommendation from the Planning Commission and Resource Conservation Commission, and to hear public testimony with regard to same; and, WHEREAS, the meeting was held at the time and place as advertised, namely 6:00 p.m. July 10, 2007, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-0 13 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant impacts on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-013 and associated Mitigation Monitoring and Reporting Program. III. INDEPENDENT JUDGEMENT OF THE CITY COUNCIL WHEREAS, the City Council found that Mitigated Negative Declaration 15-06-013 has been prepared in accordance with the requirements of the California Environmental Quality Act, and Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the City Council considered Mitigated Negative Declaration 15-06-013 together with any comments received during the public review process; and 14-102 Resolution No. 2007- Page 3 WHEREAS, the City Council further finds that on the basis of the whole record before it, (including the initial study and any comments received) the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the Mitigated Negative Declaration and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption of the Mitigated Negative Declaration is based. and WHEREAS, the City Council found that the Mitigated Negative Declaration reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Mitigated Negative Declaration prepared for this Project. IV. CONDITIONAL USE PERMIT FINDINGS/ APPROVAL A. THAT THE PROPOSED USE AT THIS LOCATION IS NECESSARY OR DESIRABLE TO PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL WELL BEING OF THE NEIGHBORHOOD OR COMMUNITY. The existing church facility was established and has been operating since 1921 at this location. The school was established in 1948 and has also been operating since then. The renovation and expansion of the church campus is necessary to upgrade the facility to meet current parish demands. The renovation/expansion of the church and school campus will also result in a positive contribution, in terms of services and physical improvements to area residents, to the surrounding neighborhood and overall City's urban core area. Thus, approval of this conditional use permit is necessary and highly desirable to continue providing religious and academic services to the neighborhood and the community in general. B. THAT SUCH USE WILL NOT UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY OR INJURIOUS TO PROPERTY OR IMPROVMENTS IN THE VICINITY. As indicated above, the church and school have been operating and serving the community at this location since 1921 and 1948, respectively. The facility renovation is extensive, but the expansion at build out is relatively minor except for the church/sanctuary facility. While the school capacity will only increase by approximately 12 percent, the seating capacity of the church will increase by 87 percent. Parking capacity will also be expanded to insure parishioners have adequate parking available. This will be accomplished by both on- and 14-103 Resolution No. 2007- Page 4 off-site parking. Over half of the required parking will be provided at the nearby Gateway parking structure, accessible via pedestrian travel.. With this additional capacity, the church/school will be able satisfy the demand for school services and parish accommodations without impacting nearby residential and commercial areas. Thus, approval of this conditional use permit will result in a substantial improvement to this area and enhancement to the services already provided by the applicant to area residents. C. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THE CODE FOR SUCH USE. All aspects of the proposed master plan CUP will comply with the regulations and conditions specified in the Chula Vista Municipal Code for such use. The use of shared parking to accommodate the once a week requirements generated on Sundays will be the subject of an agreement between the applicant and the City of Chula Vista. In addition, the project conditions of approval require the operation to be in continuing compliance with all applicable city codes and regulations. The project has been conditioned to obtain a parking agreement (based upon an approved parking analysis) proving they have sufficient off-site parking to provide a total 429 required parking spaces, or revise the sanctuary floor plan to reduce the seating capacity in order to meet parking requirements. D. THAT THE GRANTING OF THIS CONDITIONAL USE PERMIT WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE ICTY OR THE ADOPTED PLAN OF ANY GOVERNING AGENCY. Although the property is zoned R-3, Apartment Residential, the General Plan land use designation is Mixed Use Transit Focus Area, which could accommodate a mix of residential, office and retail land uses. However, churches are unclassified uses in the Zoning Ordinance and may be located in any zone, provided a conditional use permit is approved. Based on this, Conditional Use Permit complies with the General Plan, and the Zoning Ordinance. V. CONDITIONS OF APPROVAL PLANNING & BUILDING DEPARTMENT A. The following conditions shall be incorporated into the plan by the applicant prior to issuance of building permits for this project, unless otherwise specified: I. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1299. 14-104 Resolution No. 2007- Page 5 2. A parking management plan must be submitted to the Director of Planning and Building, for review and approval. The management plan shall describe how parking will be managed before and after services including the order in which the various parking locations will be utilized with off-site parking areas being the last area to be parked. The plan shall describe parking management at each of the proposed three phases of construction. 3. Applicant shall prepare and submit a revised site plan reflecting the required 9'6" dedication along the entire H Street frontage. Said plan shall shift the proposed 10-foot landscape strip shown between the two driveways along H Street behind the ultimate right-of-way line, shifting the parking spaces accordingly. Parking table shown on site plan shall be changed accordingly to reflect new distribution between on and off-site parking. 4. Prior to issuance of first building permit for Phase I, applicant shall provide the City with the following: (1) an executed copy of private parking agreement between Gateway ("existing Donor") facility and St. Rose of Lima Catholic Parish ("Recipient"); and, (2) an executed two party agreement between City and applicant whereby applicant agrees to provide for a minimum of 51 off-site parking spaces. Said agreement shall be reviewed and approved by Planning, Engineering and City Attorney. 5. Prior to issuance of building permits for Phase III, applicant shall provide the City with the following: (1) copy of current executed contract between parking donor and applicant for a minimum of 257 required off-site parking spaces; (2) new Shared Parking Study to verify parking still available; and (3) updated two party agreement between City and applicant to provide all required parking. 6. Prior to issuance of building permits for Phase III, a final landscape and irrigation plan prepared by a landscape architect shall be prepared and submitted for review and approval by the City. Said plan shall reflect the changes of the revised site plan noted in Condition 4 above. 7. The applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the St. Rose of Lima Catholic School and Church Complex Mitigated Negative Declaration (IS-06-0 13) and associated Mitigation Monitoring and Reporting Program. ENGINEERING CONDITIONS 14-105 Resolution No. 2007- Page 6 8. Prior to Phase III or any development along H Street property frontage, whichever comes first, applicant shall obtain a construction permit from the Engineering Department in order to widen H Street by 7'6" with a transition to existing curb line between the two proposed driveways. New sidewalk along H Street shall be 8 feet wide and transition to existing sidewalk as approved by the City Engineer. Relocation of any existing utilities such as storm drains or traffic signals as a result of the street widening shall be the responsibility of the applicant. 9. Dedicate 9'6'" of right-of-way along the entire "H" Street project frontage prior to performing street widening described in Condition 8 above. The applicant shall dedicate right-of-way as needed along any fronting street for installation of new driveways and/or pedestrian ramps to meet current ADA requirements. 10. An improvement plan prepared by a Registered Civil Engineer showing the street widening on "H" Street shall be submitted to the City and said improvements shall be guaranteed by bonding before approval of any Phase III Building Permits. Any additional improvements required as a result of the widening (storm drain inlet relocation, traffic signal relocation, pedestrian ramp relocation, etc.) shall be included on the improvement plans. FIRE DEPARTMENT CONDITIONS: 11. Building permits shall comply with 2001 California Fire Code (or adopted code at time of permit application), and applicable Chula Vista Fire Department regulations. 12. Prior to issuance of building permits for Phase I, an on-site fire hydrant shall be provided on the Alvarado Street side of the proposed rolling gate for the middle parking lot area. Said hydrant must be within 50 feet of the Fire Department Connections. 13. Prior to issuance of building permits for Phase III, applicant shall: a) relocate the proposed Fire Department Connection and Post Indicator Valve to the median or other accessible location within the proposed parking lot, and b) provide an on- site fire hydrant on the "H" Street side of the proposed rolling gates in the middle of the parking lot area. 14. Buildings shall be protected by an approved fire sprinkler and alarm system, to the satisfaction of the Fire Department. 15. The applicant shall comply with all other requirements of the Fire Department including obtaining an operational permit for public assembly. 14-106 Resolution No. 2007- Page 7 16. The applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineering Department the mitigation measures identified in the St. Rose of Lima Mitigated Negative Declaration (IS- 06-013) and associated Mitigation Monitoring and Reporting Program. 17. The applicant shall operate the church campus in compliance with the Performance Standards, CYMC Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. B. Upon certification by the Director of Planning and Building for occupancy or establishment of use allowed by this Conditional Use Permit, the following conditions shall apply: I The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked. 2 The project shall remain in compliance with all applicable conditions of approval ofDRC-06-50. 3 The hours of operation for the project shall be as follows: a. Before School student drop-off hours shall be Monday through Friday, 7:00 a.m. to 8:00 a.m. b. Parochial School Hours shall be Monday though Friday, 8:00 a.m. to 2:30 p.m.; Saturdays: 8:00 a.m. to 11 :00 a.m. c. After School student pick-up hours shall be Monday through Friday, 2:30 to 3:00 p.m. d. After School Care shall be Monday through Friday, 2:30 p.m. to 6:00 p.m. e. The church/sanctuary service hours shall be Saturdays, 7:30 a.m. to 10:00 a.m.; 5:00 p.m. to 7:30 p.m.; Sundays, 7:00 a.m. to 8:30 p.m. Weekday services are 6:15 a.m. and 8:00 a.m.; 5:00 p.m. to 7:30 p.m. f. Funeral services in the church/sanctuary shall be Monday through Friday, 9:00 a.m. to noon. g. Other liturgies in the church/sanctuary shall be on Saturdays, 10:00 a.m. to 4:00 p.m. and 7:00 p.m. to 9:30 p.m. h. Other group meetings shall be held in the church/sanctuary Monday through Friday during evening hours. 1. Parish Social Hall hours shall be Monday through Friday, 4:00 p.m. to 10:00 p.m.; Saturday/Sundays, 7:00 a.m. to 11:00 p.m. with the exception of the upper floor, which will be utilized during normal school hours. J. Pastoral Center hours of operation shall be Monday through Friday, 8:00 a.m. to 9:00 p.m.; Saturdays/Sundays from 9:00 a.m. to 6:00 p.m. 14-107 Resolution No. 2007- Page 8 4 In the event the existing Donor Site (Gateway) being utilized for off-site parking will no longer be available, the following process must be complied with by the applicant to ensure all required off-site parking is provided (or cease operations to level where parking is provided): a. A minimum of 90 days prior to termination of existing parking agreement, Gateway ("existing Donor") must notify St. Rose of Lima Catholic Parish ("Recipient") of intent to terminate agreement. b. Within 5 davs of notification of termination, applicant shall inform City of existing Donor intent to terminate agreement. Applicant shall provide City with alternative location(s) they will propose to utilize to provide required off-site parking. City will review proposed locations and determine if additional discretionary approvals or additional environmental review will be required. c. Within 30 davs of notification of termination, applicant shall provide City with a Shared Parking Report demonstrating availability of excess parking on the new Donor site, which is available for used during hours of church services. d. Within 60 davs of notification of termination, applicant shall provide City with I) new shared parking agreement between new Donor and Recipient, and 2) Updated agreement between applicant and City for on-going provision for off-site parking. 5 Applicant shall ensure operation remains in compliance with the parameters of the use outlined in the application, the CYMC, and this Resolution, including the following: a. Maximum sanctuary seating shall not exceed 1,500 persons. Expansion of capacity shall require approval of the Planning Commission. b. School capacity (preschool-12th) shall not exceed a maximum of 400 students. Expansion of capacity shall require approval of the Planning Commission. c. All community service uses to be held on site shall take place entirely within the building and shall be coordinated by the church. Periodic meetings for civic groups shall not require individual review; however, meeting sizes shall not exceed the stated sanctuary or room capacity. 14-108 Resolution No. 2007- Page 9 6 This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 7 This permit shall become void and ineffective ifnot utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 8 The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from: (a) City's approval and issuance of this Conditional Use Permit; (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of applicant's/operator's successors and assigns. VI. Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VII. EXCECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 14-109 Resolution No. 2007- Page 10 The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department secretary. Failure to return said document to the Planning and Building Department secretary shall indicate the Property owners/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature ofSt. Rose of Lima/293 H St. Date Date Signature of Owner's Representative VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this Conditional Use Permit may also result in the imposition of civil or criminal penalties. IX. INVALIDITY; AUTOMA TIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect. 14-110 Resolution No. 2007- Page 10 The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department secretary. Failure to return said document to the Planning and Building Department secretary shall indicate the Property owners/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. 7/;1 It 7 Date / 7/}< )tJ1 , Date VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this Conditional Use Permit may also result in the imposition of civil or criminal penalties. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect. 14-111 Resolution No. 2007- Page II Presented by Jim Sandoval Director of Planning and Building J:\AllOmcy\RESQICUP\PCC-06-042 (51. Rose orLimaL07-17-07.doc An ~1Cit 14-112 Approved as to form by CHULA VISTA PLANNING AND BUILDING D'EPARTMENT LOCATOR PROJECT , Sl. Rose af Lima Catholic C) APPLICANT, P 'h ans ~~~~1: 293 H Sl. EXHIBIT A SCALE: FILE NUMBER: NORTH No Scale PCZ-07-02lPCC-oa-~ 3 . _____~Gabe FiI~~\LocatorS\DCZ0702 Dcc060D42 CUP-zoning Modification.cdr 06.26.07 CITY COUNCIL AGENDA STATEMENT :$'Yf:.. CITY OF ~~~~ CHUIA VISTA Item No.: I~ Meetin2 Date: J1ID'-17,-2007 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE ORDINANCE OF THE CITY OF CHULA VISTA REQUIRING THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES (FIRST. READING) SUBMITTED BY: DIRECTOR OF PLANN CITY MANAGER ~ ACTING ASSIST T CITY MANAGER "';>} REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND The Planning and Building Department is requesting the City Council adopt an Abandoned Residential Property Registration Program as a means of ensuring that residential neighborhoods are spared the negative impacts associated with abandoned residential properties. This Ordinance will require lenders that own or are responsible for abandoned homes in Chula Vista to pay a fee to register those homes with the City's Code Enforcement Section and to retain the services of a local property management company. Registration will facilitate periodic monitoring by Code Enforcement staff and provide a mechanism for staff and neighbors to alert the local property management company of the need to take action to maintain the property. A fee of $70 per property will be charged as a means of recovering the cost of administering the program. 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 15-1 Date, Item No.: 15 Meeting Date: July 17. 2007 Page 2 of3 Section 15060(C)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That the Council adopt the ordinance and resolution establishing an abandoned residential property registration program and establishing a fee in the master fee schedule to cover the cost of administering such a program. BOARDS/COMMISSION RECOMMENDATION The Board of Appeals and Advisors met on June 12, 2007 and unanimously endorsed the establishment of the abandoned residential property registration program and associated fee. See section 3C of Attachment "A". DISCUSSION It has been a well-reported fact that there has been a significant increase in the number of residential properties in default or foreclosure. Chula Vista has been particularly vulnerable to this phenomenon due to the large number of new homes that were constructed during 2001 to 2005. Many of these new homes were purchased using risky financing arrangements offered by lenders specializing in sub-prime loans. Many of the Adjustable Rate Mortgages (ARM) have now adjusted upwardly to the point that the owners cannot afford the new payments nor can they refinance their homes due to lack of equity or inability to meet the new qualifYing standards to acquire a new loan. The owners are defaulting and lenders are foreclosing on an increasing number of homes. Residential properties that fall into [mancial distress or default often become vacant. Routinely, security and maintenance of these properties is neglected by the out-of-area lender while the property processes through the default/foreclosure process. This process can take several months to complete; all the while the property is abandoned with no maintenance or security. The mortgage industry has reported that the existence of an abandoned and distressed property typically reduces adjacent property's values by approximately $50,000. This situation not only impacts the individual property owner, but also the City's property tax revenues. It is in the City's best interest to invest staff resources into a program that will help maintain property values. ln addition, the Chula Vista Police Department has reported seeing a trend develop that indicates that some of these abandoned homes are being used for illegal purposes by transients, drug users and even becoming the sites of massive unsupervised parties. Responding to these types of incidents represents an unwarranted drain on our public safety resources. 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. 15-2 Date, Item No.: IS Meeting Date: Julv 17. 2007 Page 3 of3 FISCAL IMPACT Assessing a registration fee of $70 per abandoned residential property is anticipated to generate approximately $50,000 annually to the general fund. This revenue is projected to be equivalent to our commitment of staff resources at the established full cost recovery rate. ATTACHMENTS Attachment A: Board of Appeals and Advisors Minutes 6/11/07 Attachment B: Master Fee Schedule amendment Prepared by: Brad Remp, Building Official, Planning and Building Department H,IBW _HSGIBRADRICOUNClL AGENDA STA TEMENT ABANDONED2.dot 15-3 ATTACHMENT "A" MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA June 11, 2007 Planning & Building Conference Room #137 Public Services Building 276 Fourth Avenue 5:15 p.m. CALL MEETING TO ORDER: Chairman Flach called the meeting to order at 5:15 p.m. ROLL CALL: Flach, Buddingh, Hieronimus, Buencamino- Andrews, Turner, West MEMBERS ABSTAINING: CITY STAFF PRESENT: None Brad Remp, Asst. Director/ Deputy Building Official; Lou EI-Khazen, Deputy Building Official; Doug Leeper, Code Enforcement Manager; Rosemarie Rice, Secretary; and Eileen Dimagiba, Senior Office Specialist (Recording Secretary) OTHERS PRESENT: Richard Amonette, Isabel Hall (McMillin Realty), Gary and Gail Nordstrom (McMillin Realty), Dan O'Hanlon (McMillin Realty), Negar Mirgoli (McMillin Realty), Mark Scott (Realtor), Patti McKelvy (McMillin Realty), Brad Wilson (Realtor), Chris Lewis (McMillin Realty), Lupe Soto (McMillin Realty), John' Miller (Realtor), Dante Lora (Realty Executives), Mariana Alan (McMillin Realty) . 1. . DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: Member Romo is attending a Meeting in Los Angeles. 2. APPROVAL OF MINUTES: None. Mr. Remp announced the minutes from April 9, 2007 meeting will be brought to our next regularly scheduled meeting. Results of Election: M MSC (Buddingh/Andrews) Flach/Buddin (5-0-1-1) motion to elect Ben West as Chairman; Ion to elect David Turner as Vice Chairman. 2'd term expires this month and is no A. mber Flach announced that new nominations for Chairperson an an en for nominations. It was also ounced by Mr. Remp that Member Ro longer eligible fo -election. 3. B. Official presented information on a proposed ordinance for a Property Transfer Repo ogram that nhance the City's ability to detect and resolve code enforcement violations. T' program will focus a tion on ensuring that potential buyers of existing homes are given relev code enforcement informatio bout the legal status of the property prior to completion of the s . Sellers, of residential properties, or . agents will be responsible for requesting a property tra r report from the City within 10 days of placing roperty on the market for sale. A $70 fee wi e charged as a means of recovering the cost of adminis 'ng the program. The report can be ac sed through the city's internet website. Mr. Remp clarified that thl : not intended to 'hold up" a s of a property: He presented a list of 23 other jurisdictions in California tha e currently engaged in is type of a program, and stated that they have been successful. . Doug Leeper, Code EnforcerT1Eint"Manager presented information on proposed ordinance. Thi~ ~raft ordinance for this report does not require an on-site inspection, but should the seller o~ potential buyer request one from the City, one will be provided to them at their own expense. Mr. Leeper ". , 15-4 Boards of Appeals & Advisors Minutes -2- June 11. 2007 also said that the report would be used as another tool, which is available through the C fornia vernment Code to Local Jurisdictions, to aid in identifying and resolving issues of un ermitted co truction. This issue is one that code enforcement deals with daily. In speaking ith other juris 'ctions in California, that have passed this kind of ordinance, he discovered thatt y had fewer cases f unpermitted construction. Mr. Leeper thought adopting this ordinance would b nstrumental in curtailin the amount of problems that the City is experiencing with building without ermit. Mr. Remp r d off the list of cities in California that have adopted this type of ordi nce; including those cities that ha incorporated the inspection component. He stated that about o-thirds to one-half of these cities ha a mandatory inspection component, but stressed, our city is t recommending that as part of this propo al. Member's Comment Chairman Flach pointed utthat some of the information from e city report was not complete. Mr. , Rempstated they intend to olicitthesupport of the City Attor y's Office to,incIude,a disclaimer that states that the information wil e as accurate and up to date s can be. .. - " .....;.~. - . j. Member Buddingh brought up he fact that there is liability waiver in the draft ordinance. He suggested a' provision be added: the buyer choos to purchase the property regardless of any violation issues, there should be Ian age in the ordi ance that states the buyer is waiving any claims againsllhe seller for those issues bein raised in th report. Another issue was that limiting the list only to properties that are listed, is too narro He su ested including properties that aren't listed as well. Mr. Buddingh also addressed an issue un r .XX.090 REMIDATION- CORRECTIVE ACTION, how the notice of violation should not just be iss to the owner of record. If there was a case where the owner had sold the property, it should be sued to the prospective purchaser as well. Lastly, he addressed issues under XX.XX.170 APP LS, r. Remp stated that this was cross~referenced and the appeal process would be the same as e code ~forcement appeal process. Chairman Flach then asked if the real estate agent is resp sible for giv~~ out this information. Mr. Remp stated that the seller of the property would be the e that is ultimat~ responsible. \ Member Buencamino-Andre stated she agrees wit~dea of the buyer having the option to sign a waiver if they choose not to c rect issues identified in this r~ort and waiving any legal action from the buyer to the seller. \ Member Turner asked' the property report would cover proble~ that have already been identified by a city building inspector Mr. Le,eper said that the report would cove r"~1 known building permits that were issued on that prop and their status. Mr. Turner said that buyers ould likely interpret this report as saying that the Ci has approved any projects on the property. The de ils of an on-site inspection were discussed. Mr. urner asked about the average cost of an on-site ins~ction by a code enforcement officer. Mr. Leper said it would be a minimum of two hours of full cost ",covery at about $198.00 an hour. The blic would be notified of this optional on-site inspection throu~\PubliC outreach. , Membe est commented that he would welcome this ordinance as a potentiah~uyer and see this as an extra yer of protection. He stated that he was in favor of this. \ \ ~ber Hieronlmus was concerned that if the currenlseller did not know about the illegal constnuction, was it fair to hold them responsible? Mr. Leeper answered that this is one of the mai~'feaSOns for this ordinance to stop this kind of transfer. If the constnuction can be legalized by obtain'irg the proper permits, the seller can come in and get the proper permits to avoid costs and difficulty'in the future. Code Enforcement would apply the building codes that were in effect at the time the construction was made. Mr. Leeper stated this ordinance is "protection" for both the buyer and the seller unaware of illegal construction that may pose a life and safety hazard. ' 15-5 Boards of Appeals & Advisors Minutes -3- Public Comments: , ~ ichard Dascoli from Pacific Southwest Association of Realtors commented that no one m the blic has read the staff report prior to this meeting. The board will be making a decisio ased on a port that Mr. Remp gave to them that "wasn't very detailed" without the boar' complete insi t. Mr. Remp and Mr. Leeper stated that they will have time from now until Ju 9th, which is when is needs to go to council, to meet again, to further discuss the draftordin ce if they need to. ~ Dan O'H Ion from McMillin Realty applauded the fact to provide a "volunta on-site inspection" from the city. Ho ever, everything that was discussed is already in place' their procedures as a realtor. It wou be difficult to explain this "voluntary inspection" to the yer because the wording and language is omplex. ~ Gary Nordstrom s ted he was a former Planning Commissioner d former Chair of the Growth Management Over . ht Committee. He thought this ordinance uld dictate to every prospective . seller that before the could sell their home they have to ens e that any upgrade or renovation had the proper permit In his opinion, this would cause aos and would deter people from complying. He asked th the board table this issue beca e this information was not provided in a timely manner, and that he board takes a common' ense approach to this issue that could cause all kinds of liabilities t buyers, sellers, realtor and to the City of Chula Vista. ~ Negar Mirgoli, Broker, from A rcrombie & Associa s asked who would get the $70 fee from this report. Mr. Remp stated that th City would get st of it and a portion would go to the outside vendor. Ms. Mirgoli also commen d on this iss of "properties listed within 10 days". She noted in today's market properties listed re take off within days (because they aren't selling) and turned into rentals. Therefore, the ow rs 0 his property are paying a $70 fee that they don't need to incur. In her view, it would make be ense that this be done prior to the close of escrow, so that the $70 expense can be taken 0 e seller's shoulder until transaction is finalized. Mr. Leeper added that this report is not d ign to delay or sabotage a sale, but just to make sure the homes that sell, are safe to live in. ~ Mark Scott, stated as a realtor th are alread equired to do an "agent visual inspection", per civil code to see any deficiencies r potential pro ms. It's beyond their expertise to identify the problem as a code issue, s they get the appro riate people to inspect. He said that the law already exists, and the city' "double-legislating" w' t laws are already in place. He also brought up XX.XX. 030 REQUIR , and said that it would better to take out the word "agent" and just leave broker, so the re onsibility would fall only on th roker and not the agent. He doesn't like the fact that it is no he duty of the agent/broker to get is report and pay for it too. Mr. Remp stated the City an ode Enforcement are trying to prote the individuals who are buying these individual units d the community as a whole. This progra would solve the illegal construction problem throu an effective exchange of information. ~ Patti McKel from McMillan Realty stated that this would cause problem and she disagrees. In her opinio ,it was the city's way of getting extra revenue. ~ Brad Wi on, Real Estate Agent/ General Contractor thought legisl ion should be written towards the b . ding inspectors hired to inspect these properties, instead of e realtors. ~ Mar Scott stated that for a layperson it would be difficult to understan the information on these re orts. Mr. Remp commented that every permit that has been issued since December 1991, are Igitized and in our automated system. \ Isabel Hall from McMillin Realty stated that the city may have good intent ns but California is already a "requirement-heavy" State and this information is already available 0 the buyer. What the City is doing is legislating and making it a requirement that they MUST kno this information. She said that this City does not have "compliance inspections" in place, which is omething that should be required if this ordinance passes. (Chairman Flach stepped out temporarily; Mr. West temporarily stepped in as Chair) \ ~ Chris Lewis with McMillin Realty addressed the issue of agentsl real estate community \ 15-6 Boards of Appeals & Advisors Minutes -4- June 11. 2007 being the "watchdog" on this. He pointed out that agents aren't code experts and shouldn' countable for submitting reports and disagrees with this ordinance. ~ Lu Soto, with McMillin Realty stated she was against the ordinance, as it would eate chaos. Seller ill be discouraged from selling their properties. In her opinion, this ord' ance forces the agent to I erpret the codes and they shouldn't be put in this position becaus gents are not code experts. ~ Member Turne tepped in to comment on what's been addressed so r. He was in favor of the report. He em asized that this is not a "burden" to the seller, Ii everyone perceives it to be. He stressed again th he idea of this ordinance is to stop illega onstruction from being passed from one seller to anoth ~ John Miller, Realtor, sugge d it would be a good idea to ke the inspection "official" by making it from a city building inspecto, hen there will be no q stion about what is code compliant and what is not. l> Dante Laura from Realty Executives entioned e language pertaining to disclosure is already incorporated into their real estate docu nts. e cautioned the city to be prepared for an onslaught of inspections because of this 0 nance most every buyer will want one. ~ , Mariana Alan from McMillin Realty sai at Itors already have forms and procedures to do this.When they've encountered this roblem 0 permitted construction on a home for sale, they've made corrections right a ' l> Another realtor from McMillin alty asked if this ordin ce would exclude "for sale by owner" properties. If it does, it will ourage sellers to sell prope . s on their own for a lower amount to avoid this law and extra es. . l> Richard Dascoli com nted that before the Board makes a de . ion on this ordinance more research is neede ,ecause it will affect many peopie. ~. A roval of Ordin ce: Mr. Remp asked that the Board table this decision ba d on the information heard tonight. e suggested meeting again in 2 weeks so additional commen could be made available. M '(Buddingh/Andrews) (6-0-1-0) Approve motion to table this or . ance until a Special ting held in two weeks. '" mp re-iterated that the next special meeting of Board of Appeals & Advi~ors will be in lwoweeks, prior to meeting, realtors need to provide us with any written comments to forward to the Board, Q Brad Remp, Assistant Director/ Deputy Building Official presented information on a proposed ordinance for Distressed Property Registration Program, which is intended to hold lenders and/or banks responsible for maintaining and identifying these vacant properties. Many houses are going to foreclosure and this requires lenders who own vacant residential homes to register properties with the City and the ordinance requires lenders to retain the services of a local property maintenance property to respond to requests for required maintenance. Discussion: Mr. Remp stated the city is seeing an increase in number of homes becoming _bank-owned, causing negative impact to neighbors, with properties not being maintained, and . this will help solve this problem. l> Member Buddingh thought it was a great idea and needs to be done. He suggested several revisions as follows: On page four, under XX.XX.050 MAINTENANCE REQUIREMENTS second paragraph should include obligation to "remove such markings"; on page five the fourth paragraph should be typed in BOLD. Under XX.XX.060 SECURITY REQUIREMENTS, where it refers to "The posting"it should require that the sign be "weatherproof'; under XX.XX.070 ADDITIONAL . AUTHORITY; the last couple sentences are vague and should be looked at by the City Attorney. l> Member Turner expressed concern on enforceability and how to find out "Who's got it?" and if this is realistically enforceable and how the city will track down these lenders. Mr. Leeper explained that with this ordinance lenders would realize that it is cheaper to hire a maintenance company to monitor property than to pay fines from the city. Ms. Buencamino-Andrews also addressed the issue of prosecution under XX.XX.090 VIOLATION/PENALTY, and what exactly are the penalties. 15-7 Boards of Appeals & Advisors Minutes -5- June 11. 2007 Mr. Leeper explained the process of civil penalties. Memeber Buencamino-Andrews expressed overall appreciation for this ordinance. ~ Member Turner stated language under XX.XX.030 might be re-stating law already in place. Mr.Leeper said from his research with real estate attorneys; he found out that there 'is no requirement by law that the lenders record their assignments. Member Turner also noted in the third paragraph under XX.XX.060, that "and" should be deleted before "24-hour". ~ Mr. Richard Dascoli asked if the City Attorney has gone through this document, if not, they should. He also felt more clarification on the "30-mile radius" requirement page two was needed. Approval of Ordinance: MSC (WestlBuddingh) (6-0-1-0) motion to move forward with Distressed Property Registration Program including the changes that were discussed. CHAIRMAN'S COMMENTS/REPORT: None 5. BING OFFICIAL'S COMMENT'S/REPORTS: 1.) The Wild land-Urban Interface dealing with Buildin de requirements for buildings in areas exposed to potential wild land fi I be coming forward 'with adoption cess. 2.) Lou EI Khazen, Deputy Building Official will be . g lead on training this Board with new building, mbing, mechanical, electrical codes effective ary 2008. 3.) Currently still in process of approving the New get for the upcoming Fiscal Ye anning and Building has let go a significant number of employees. 4.) City Manager appoi , Mr. David Garcia. 5.) Mr. Romo's 2'. term expires this month and no longer can be ointe ever, he can continue to serve until a replacement member is appointed. 6. COMMUNICATIONS ITIONAL BOARD CO TSIWRITTEN CORRESPONDENCE/: Member Hieronimus ssed Property Transfer Report and Issue when this ordinance passes, to consider if you rst seller of the home, would this report would apply em, and addressed the merit of waiver. 7. ADJOURNMENT: Member. West adjourned the meeting at 7:45 PM to a P.!lcial Meeting in two weeks on Tuesday, June 26111, 2007 in the City Council Chambers. ' ........... ~~ BRAD REMP, C.B.O. ASST. DIR. OF PLANNIN & BUilDING / BUilDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS ~ EilEEN DIMAGIBA, SR. OFFICE SPECIALIST (RECORDING SECRETARY) PLANNING & BUilDING DEPARTMENT J:\Bld_HsglJudi Bell\Board of Appeals & AdvisorS06.11.2007m.doc 15-8 ATTACHMENT "B" K. ABANDONED RESIDENTIAL PROPERTY REGISTRATION The fee for annual registration of abandoned residential property with the City of Chula Vista shall be $70. Annual registration will expire on December 3151 of each year. Master Fee Schedule Part II - Development Chapter X - Building Page 34 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, in January, 2007, the City Council adopted the existing Building Fee Schedule; and WHEREAS, the amendment to Chapter X (Building) of the City's Master Fee Schedule will ensure owners of vacant residential properties pay the estimated reasonable cost of administering the Abandoned Residential Property Registration Program; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with 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 15060(c)(2) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt Attachment C, amending Chapter X (Building) of the City's Master Fee Schedule, on file with the City Clerk. BE IT FURTHER RESOLVED that, pursuant to California Government Code section 66017(a), the amendment to Chapter X (Building) of the City's Master Fee Schedule shall become effective sixty days after the adoption of this resolution. Submitted by Approved as to form by ~~~\\.r~~ Ann Moore City Attorney J.D. Sandoval Planning and Building Director J:\AlIomey\RESOIPLANN1NG\Abandoned Property Fee Reso_07.I 7.07.doc 15-10 Ordinance No. Page 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUIRING THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES I. Recitals. WHEREAS, the presence of vacant, abandoned residences can lead to neighborhood decline; and WHEREAS, the presence of vacant, abandoned residences can create an attractive public nuisance; and WHEREAS, the presence of vacant abandoned residences can contribute to lower property values; and WHEREAS, the presence of vacant abandoned residences can discourage potential buyers from purchasing a home adjacent to or in neighborhoods with vacant abandoned residences; and WHEREAS, many vacant abandoned residences are the responsibility of out of area, out of state lenders and trustees; and, WHEREAS, in many instances the lenders and trustees fail to adequately maintain and secure these vacant residences; and WHEREAS, the city has an obligation to protect its residential neighborhoods from decline and devaluation; and. WHEREAS, on June 11, 2007 the Board of Appeals and Advisors met, reviewed and discussed the proposed ordinance; and, WHEREAS, the Board of Appeals and Advisors voted unanimously to recommend passage of the proposed ordinance to the City Council; and NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: Section I. That the proposed Vacant Abandoned Residential Property Registration ordinance be enacted as follows: 15-11 Ordinance No. Page 2 15.60 ABANDONED RESIDENTIAL PROPERTY REGISTRATION 15.60.010 PURPOSE/SCOPE It is the purpose and intent of the Chula Vista City Council, through the adoption of this Chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. 15.60.020 DEFINITIONS For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a property that is vacant and is under a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessors Lien Sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. "Accessible property" means a property that is accessible through a compromised/breached gate, fence, wall etc.. "Accessible structure" means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons. "Aareement" means any agreement or written instrument, which provides that title to residential property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange. "Assianment of Rents" means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another. "Beneficiarv" means a lender under a note secured by a deed of trust. "Buver" means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection. "Danaerous buildina" means any building/structure that is violation of any condition referenced in CVMC Chapter 15.18. "Davs" means consecutive calendar days. "Deed of Trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. Used in California instead 15-12 Ordinance No. Page 3 of a mortgage. This definition applies to any and all subsequent deeds of trust i.e.: 2nd trust deed, 3rd trust deed, etc. "Deed in lieu of foreclosure/sale" means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Default" means the failure to fulfill a contractual obligation, monetary or conditional. "Distressed" means a property that is under a current Notice of Default and/or Notice of Trustee's Sale and/or pending Tax Assessor's Lien Sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a Deed in lieu of Foreclosure/sale. "Evidence of vacancv" means any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults. "Local" means within forty (40) road/driving miles distance of the subject property. "NeiQhborhood standard" means those conditions that are present on a simple majority of properties within a three hundred (300) foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred (300) foot radius, shall not be counted toward the simple majority. "Notice of Default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means in excess of forty (40) road/driving miles distance of the subject property. "Owner" means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. 15-13 Ordinance No. Page 4 "Owner of record" means the person having recorded title to the property at any given point in time the record is provided by the San Diego County Recorders Office. "Property" means any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition. "Residential buildino" means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use. "Securino" means such measures as may be directed by the Director of Planning and Building or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/pad locking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required. "Trustee" means the person, firm or corporation holding a Deed of Trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. "Vacant" means a building/structure that is not legally occupied. 15.60.030 RECORDATION OF TRANSFER OF LOAN/DEED OF TRUST/ASSIGNMENT OF RENTS Within ten (10) days of the purchase and/or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the San Diego County Recorders Office, an Assignment of Rents, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust. 15.60.040 REGISTRATION Any beneficiary/trustee, who holds a deed of trust on a property located within the City of Chula Vista, shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a Notice of Default with the San Diego County Recorders Office. If the property is 15-14 Ordinance No. Page 5 found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the Director of Planning and Building or his or her designee on forms provided by the City. If the property is occupied but remains in default it shall be inspected by the beneficiary/trustee, or his designee, monthly until 1 ) The trustor other or party remedies the default or 2) It is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the trustee shall, within ten (10) days of that inspection, register the property with the Director of Planning and Building or his designee on forms provided by the City. In either case the registration shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/ trustee (no P. O. Boxes), a direct contact name and phone number for the beneficiary/trustee and, in the case of a corporation or out of area beneficiary/trustee, the local property management company responsible for the security, maintenance and marketing of the property. Registration fees will not be prorated. An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31 of the year due. This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant. Any person, firm or corporation that has registered a property under this chapter must report any change of information contained in the registration within ten (10) days of the change. 15.60.050 MAINTENANCE REQUIREMENTS Properties subject to this section shall be, in comparison to the neighborhood standard, kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, accept those required by federal, state or local law, discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed 15-15 Ordinance No. Page 6 material or any other items that give the appearance that the property is abandoned. The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. Visible front and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar material. Maintenance includes, but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscaped and removal of all trimmings. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the Sate of California. Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any Covenants Conditions and Restrictions and/or Home Owners Association rules and regulations which may apply to the property. 15.60.060 SECURITY REQUIREMENTS Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes but is not limited to the closure and locking of windows, doors (walk-through, sliding and garage) gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means the reglazing or boarding of the window. If the property is owned by a corporation and/or out of area beneficiary/trustee/ owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met. 15-16 Ordinance No. Page 7 The property shall be posted with name and 24-hour contact phone number of the local property management company. The posting shall be no less than 18" X 24" and shall be of a font that is legible from a distance of forty-five (45) feet and shall contain along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is visual from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather resistant materials. The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter. 15.60.070 ADDITIONAL AUTHORITY In addition to the enforcement remedies established in Chapters 1.20, 1.30 and 1.41, the Director of Planning and Building or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property. 15.60.080 FEES The fee for registering an Abandoned Residential Property shall be set by resolution of the City Council. 15.60.90 ENFORCEMENT Violations of this chapter may by enforced in any combination as allowed in Chapters 1.20, 1.30 and 1.41. 15.60.100 APPEALS Any person aggrieved by any of the requirements of this section my appeal insofar as such appeal is allowed under Chapter 1.40. 15.60.110 VIOLATION/PENALTY Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this section shall be subject to prosecution and/or administrative enforcement under Chapters 1.20 and 1.41. 15-17 Ordinance No. Page 8 15.60.120 SEVERABILITY Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. Section II. Effective Date This ordinance shall take effect and be in full force on the 60th day from and after its second reading. Presented by Approved as to form by James D. Sandoval Director of Planning and Building ~j~\,<\QU~ Ann Moore City Attorney 15-18 RESOLUTION NO. 2007-]92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, in January, 2007, the City Council adopted the existing Building Fee Schedule; and WHEREAS, the amendment to Chapter X (Building) of the City's Master Fee Schedule will ensure owners of vacant residential properties pay the estimated reasonable cost of administering the Abandoned Residential Property Registration Program; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt Attachment 8, amending Chapter X (Building) of the City's Master Fee Schedule, on file with the City Clerk. BE IT FURTHER RESOLVED that pursuant to California Government Code section 660I7(a), the amendment to Chapter X (Building) of the City's Master Fee Schedule shall become effective sixty days after the adoption of this resolution. Submitted by Approved as to form by s D. Sandoval ing and Building Director Ann Moore City Attorney ~~~~\-\ , Resolution No. 2007-192 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of July 2007 by the following vote: AYES: Councilmembers: Castaneda, Ramirez, and Cox NAYS: Councilmembers: McCann ABSENT: Councilmembers: Rindone Cb<ryIC,(l~.;~ ATTEST: ~ ~ ~ --tLL6-L1 Susan Bigelow, MMC, City C k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2007-192 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. ~Big~~~,~J~ ~ u_.._.____ ~ ----_.__._------~-------~ ~(ft-. ~ ~=-~?'" Mayor and City Council City Of Chuia Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHUlA VISTA July 10, 2007 FROM: '[OrraitieBefihf:ltt/DepuWcS!tY.S~erK '.. 1 Jennifer Quijano, Constituent Services Manage~ Human Relations Commission TO: RE: Mayor Cox would like to recommend Maria Zadorozny for appointment to the Human Relations Commission. Maria Zadorozny will replace Michael Palomo who termed out June 30, 2007. Please place this on the July 17, 2007 Council agenda for ratification. Thank you. cc: Mayor Cox 7- \<!:>- 07' L I c.wrrel)l-/L-/ s.e/tJtZ- .4k 5 <::(./o)'(::gl) 1/ /':;;/tJ~ tI/~ / r&'J o/7J1 cAel/tI 1-1#01 ~cc J. ~-Io-ol /74-/ Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula VISta, Ca 91910 CllY OF 619.691.5044 - 619.476.5379 Fax CHUlA VISTA MEMO July 10, 2007 TO: Lorraine Bennett, Deputy City Clerk 1) FROM: Jennifer Quijano, Constituent Services Manager/-k:K ( J'{,) Reappointment of Cesar Padilla (Mobilehome Rent Review Commission) RE: Mayor Cox would like to recommend the reappointment of Cesar Padilla (Mavo. nominated seat) to the Mobilehome Rent Review Commission. ::>Iease olace this on the July 17, 2007 Council agenda for ratification. Thank you. ;C: Mavor Cox /76