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Home My WebLink About2009/03/17 Agenda Packet ~~ .. _.:~,,,;~ h~;:alty of perjury that I am :~~;ioyed by the City of Chula Vista in the a office of the City Clerk and that I posted this ~\~ ~~ 3~ ton the bulletin board according to A'' qu re ents. - ~..-~ ~ Cf1Y OF ~~' "Signed ~ 1..1LA V~$~fiA Cheryl Cox, Mayor Rudy Ramirez, Councilmember tames D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember March 17, 2009 Council Chambers 6:00 P.M. City Fall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECdAL ORDERS OF THE DAY • INTRODUCTION BY CHULA VISTA VETERANS ADVISORY COMMISSION CHAIRMAN AND CHULA VISTA VFW POST 2111 COMMANDER BOBBY R. PRICE, LT. USN (RET) OF CHUCK ANFUSO, VETERANS OF FOREIGN WARS DISTRICT l COMMANDER WHO WILL PRESENT CHULA VISTA FIRE FIGHTER TIMOTHY S. MEHRER WITH THE "VETERANS OF FOREIGN WARS NATIONAL FIREFIGHTER OF THE YEAR 2008-2009" AWARD FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY CONSENT CALENDAR (Items 1-7) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or 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. WRITTEN COMMUNICATIONS Memorandum from Councilmember John McCann requesting excused absences from the City Council Meetings of March 3, 2009 and March 5, 2009. Staff recommendation: Council excuse the absences. 2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH OAKWOOD FOR MARQUES PHASE 3, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN D[EGO B. RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF CHULA VISTA APPROV[NG THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH SHEA HOMES FOR AGAVE PHASE 11, AGAVE PHASE 12, AGAVE PHASE 13, CLOVER PHASE 6 AND MOSAIC PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT W[TH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO C. RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH CORNERSTONE COMMUNITIES FOR ANDORRA PHASE 7 AND PALMA AT ROLLING HILLS RANCH MODEL UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A L[EN AND THE AGREEMENT W[TH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. In December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered. The Ordinance establishing a payment plan was approved by the City Council and became effective on February 6, 2009. This is the first of several payment plan agreements to be entered into pursuant to the Ordinance. (Deputy City Manager/Development Services Director, Public Works Director) Staff recommendation: Council adopt the resolutions 3. RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF CHULA VISTA WANING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING THE THIRD AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND MCMILLIN OTAY RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER PROJECT Adoption of the resolution approves the third amendment to a three-party agreement with Anthony J. Lettieri, FAICP, Consultant, and McMillin Otay Ranch, LLC, Applicant for consulting services on the EUC. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 2 -Council Agenda http://www.chulavistaca.eov March 17, 2009 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS The Meyers-Milias-Brown Act as contained in California Government Code sections 3500-3511 provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regarding wages, hours, and other terms and conditions of employment (Human Resources Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $87,252 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2009-2010, 14TH CYCLE, AND AMENDING THE FISCAL YEAR 2010 WASTE MANAGEMENT AND RECYCLING BUDGET (4/STHS VOTE REQUIRED) The California Used Oil Enhancement Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (C[WMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach, National City and Lemon Grove. (Public Works Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO ARAMARK CORRECTIONAL SERVICES, LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Police Department, with the assistance of the Purchasing Division, has completed the evaluation of proposals received for Food Preparation and Delivery Services (RFP 04- 08/09) for the Chula Vista Police Department City Jail. Adoption of the resolution accepts proposals, awards the agreement to Aramark Correctional Services, LLC and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: Council adopt the resolution. Page 3 -Council Agenda http://www.chulavistaca.gov March t7, 2009 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TICKET DISTRIBUTION POLICY Effective February 7, 2009, the Fair Political Practices Commission amended Regulation 18944.1, addressing tickets for admission to entertainment or recreational events distributed by an agency to, or at the behest of, its officials. The recommended policy is intended to comply with the new regulation. (Assistant City Manager) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments nary address the Council on any subject rnat[er within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Cozmcil may schedule tlae topic for fidure discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as puhlic hearing(s) as required by law. If you wish to speak on any item, please fill oul a "Request to Speak" form (available ira t{ae lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD AVENUE The applicant is appealing the Chula Vista Redevelopment Corporation decision denying a conditional use permit for a small recycling center located at 1315 Third Avenue. TOMRA has requested modifications to its CUP application to address some of the issues that were the basis for the denial of the CUP by the CVRC. The changes, described in detail in the report, include moving the recycling center back to its previously approved location, limiting the hours of operation and providing on-site personnel during all hours of operation. This item was continued from the meetings of January 27, 2009 and March 3, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), AND APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE IN THE CITY OF CHULA VISTA Page 4 -Council Agenda http://www.chulavistacagov March 17, 2009 OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS Ratification of the appointment of Carl Harry as Development Representative to the Growth Management Oversight Commission. 11. COUNCILMEMBERS' COMMENTS A. Councilmember Bensoussan -Request for discussion and direction on Proposed Outline for Establishment of an Independent Advisory Board (Prop A Advisory Committee - PAAC) to oversee the allocation of funds received from the sales tax increase (Prop A) assuring that these funds are spent according to the stated intent of the May 5 ballot measure and to make recommendations and regular reports to City Council. B. Councilmember Ramirez -Request for consideration to endorse the 2"`~ Annual International Friendship Games, to be held May 9, 2009 at Mater Dei Catholic High School, as a City of Chula Vista event. CLOSED SESSION Amzow~cements 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). 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1) Felix Espino v. City of Chula Vista, et al., United States District Court, Case No. OScv2321-WQH (POR); 2) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case No. 06 CV 1460 JAH(BLM) and, 3) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case No. 07-CV-0462 JLS (BLM) ADJOURNMENT to the Regular Meeting of March 24, 2009 at 6:00 p.m. in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public revietiv al the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business lzours. Lz conzpliaz:ce wit/z the AMERICANS WITH DISABIL/TIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or sewice, contact the City Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 5 -Council Agenda http://www.chulavistaca.gov March 17, 2009 RCC;E:I~f~G~ ~`~ ~~ Mayor and City Council City Of Chula Vista '09 MAR -6 P 2 ~57 ~ 276 Fourth Avenue ~-+-~~- Chula Vista, ca s191o CITY OF CNULA `Jl~ f CIN OF 619.691.5044 - 619.476.5379 Fax CHULA VISTA CITY CLERK'S OFi=1C Friday, March o6, 2oog TO: The Honorable Mayor & City Council, City Manager FROM: Councilmember John McCann RE: Excused Absence from City Council Meeting Councilmember John McCann has requested an excused absence from the City Council Meeting dated March 3, 2oog, and the Joint Workshop of the City Council, Grog-~~th Management Oversight Commission, and Planning Commission dated March 5, 2oog because he was out of to~n~n on active military duty. ~~~ cc: City Clerk by ITY COUNCIL STATEMENT ~`~ CITY OF "`~' CHULAVISTA 3/I7/09, Item 2 ITEM TITLE: RESOLUTION OF THE CITY OF CHULA VISTA APPROVLG THE DEVELOPMENT IlVIPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") ,WITH OAKWOOD FOR MARQUIS PHASE 3, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIItECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH SHEA HOMES FOR AGAVE PHASE 11, AGAVE PHASE 12, AGAVE PHASE 13, CLOVER PHASE 6 AND MOSAIC PHASE 4, AUTHORIZPi IG THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD ALIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SP.N DIEGO RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAIVI AGREEMENT ("AGREEMENT") WITH CORNERSTONE COMMUNITIES FOR ANDORRA PHASE 7 AND PALMA AT ROLLING HILLS RANCH MODEL UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIIZECTING THE CITY CLERK TO RECORD ALIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SP,N DIEGO SUBMITTED BY: DIRECTOR OF PUBLIC WORK DII2ECTOR OF DEVELOPMENT SERVICES/DEPUTY CITY MANAGERS"J REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER S I 4/STHS VOTE: YES ^ NO S UIVIMARY The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. In December ?008, members of the development community contacted the City and requested an extended payment schedule pro~am be considered. The Ordinance establishing a payment plan was approved by the City 2-1 3(17/09, Item 2 Page 2 of 5 Council and became effective on February 6, 2009. This is the first of several payment plan . agreements to be entered into pursuant to the Ordinance. ENVIRONMENTAL REVIEW The City's 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 "Proj.ect" 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. RECOMMENDATION Council adopt the resolutions. BOARDS/COMIVIISSION RECOMMENDATION Not applicable. DISCUSSION As a result of the current downturn in development and the continued tightening of the credit market, the burden created by the payment of fees at building permit issuance has increased. Local developers and the Building Industry Association (BIA) approached the City requesting consideration of an extended payment plan program. The City Council approved an Ordinance establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009. The Ordinance provides a framework for individual projects to enter into payment plan agreements with the City, to be brought forward to Council for approval. The program is intended as a temporary response to the current housing market slump, and as such, will expire on December 30, 2010. Participation in the program requires the developer enter into an agreement with the City identifying the fees to be paid, total fee amount due, and establishing a payment schedule for the fees. The fees due are as determined by the fee schedule in effect at the time the agreement is executed. If the applicant fails to comply with all provisions and requirements of the Ordinance or individual payment plan agreement, the City will adjust the development processing and impact fees due to the fees in effect at the time permits subsequent to the breach are issued. The maximum payment schedule is 12 months, with an optional 12-month extension at the discretion of the City Manager or his designee. Any additional extension of the payment schedule requires Council approval. In no event will the fee payment schedule extend beyond either: 1) the call for final inspection card for residential development, or 2) the issuance of the certificate of occupancy for anon-residential development. All developers with projects currently submitted to the City for review and permitting are eligible for the extended payment program, including residential, commercial, and industrial projects. Those developers with current outstanding debts with the City are not eligible for the program until their City accounts are brought current, to the satisfaction of the Finance Director. The order in which payment plan funds are applied to the various fee programs shall be at the sole discretion of the Finance Director. The payment schedule agreement required by the 2-2 3/17/09, Item ~. Page 3 of 5 program is non-transferable and must be recorded as a lien on the subject property, with the applicant responsible for all recording costs. Upon receipt of payment in full, the City will file a release of lien. Approval of Agreements Several developers have approached staff and are ready to enter into Development Processing and Impact Fee Payment Plan agreements. Approval of a particular resolution would approve the several agreements to be entered into with the development community. Oakwood -This resolution would approve an agreement with Oakwood Development for Marquis Phase 3. In Phase 3, Oakwood proposes to develop 4 residential units named the Marquis Phase 3 project in Otay Ranch Village 6. The project is located at Lot 1 of Final Nlap Number 15618. The following table provides a summary of 'the balance of fees due on this project and included in the agreement. Oakwood owns the property for Phase 3 and agrees that they are responsible for all of the development impact fees owed for the project. Oakwood also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection. The following table provides a summary of the balance of fees due on the project and included in the agreement. Marquis Phase 3 $420,066.09 $29,529.69 $390,536.40 TOTAL $420,066.09 $29,529.69 $390,536.40 Slaea Hofnes Ltd Partnership -This resohrtion would approve an agreement with Shea Homes for Agave Phase 11-13, Clover Phase 6 and Mosaic Phase 4. In Agave Phase 11-13, Shea Homes proposes to develop 32 residential traits named Agave Phase 11, Agave Phase 12 and Agave Phase 13 projects in Otay Ranch Village 11 Neighborhood R-24/25, Final Map Number 15056. Ln Clover Phase 6, Shea Homes is proposing to develop 8 residential units named the Shea Homes Clover Phase 6 project in Otay Ranch Village 11. The project is located at Lot 9 of Otay Ranch Village 11, Neighborhood R-18 of Final Map Number 15509. In Mosaic Phase 4, Shea Homes is proposing to develop 10 residential units named the Shea Homes Mosaic Phase 4 project in Otay Ranch Village"7, Neighborhood R-1B. The project is located at Parcel 2 of Otay Ranch Village 7, Neighborhood R-1B of Parcel Map Number 20057. Shea Homes Ltd Partnership owns the property for Agave Phases 11-13, Clover Phase 6, and Mosaic Phase 4 and agrees that they are responsible for all of the development impact fees owed for the project. Shea Homes also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection. The following table provides a summary of the balance of fees due on these projects and included in the agreements. 2-3 3/17/09, Item 2 Page 4 of 5 TOTAL $692,618.57 $41,640.07 $650,978.50 Cornerstone Communities -This resolution would approve an agreement with Cornerstone Communities for Andorra Phase 7 and Palma at Rolling Hills Ranch Model Units. In Andorra Phase 7, Cornerstone Communities proposes to develop 21 total residential units named Andorra Phase 7 project in The Summit at Eastlake. The project is located at Lots 32 and 34 of the Summit at Eastlake of Final Map Number. 14814. For their Palma Models, Cornerstone Communities is proposing to develop 3 residential units named the Palma project in Rolling Hills Ranch. The project is located at Lots 1, 2 and 5 of Rolling Hills Ranch, Subarea III, Neighborhood l0A of Final Map Number 15024. Cornerstone Communities, owns the property for Andorra Phase 7 and the Palma Model Units and agrees that they are responsible for all of the development impact fees owed for the projects. Cornerstone Communities also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection. The following table provides a summary of the balance of fees due on both prof ects and included in the agreement. TOTAL $144,589.36 $26,589.63 $117,999.73 Interest on Deferred Fees Applicants will not be required to submit an administrative fee to cover the cost of administering the payment plan agreements. An interest rate based on the California State Local Agency Investment Fund (LATE) Apportionment Rate in effect on the date of the execution of each . Agreement will be charged on the balance of fees due at the call for final inspection. The current investment rate is 2.54%. These agreements adhere to the stipulations outlined in this report and included in the adopted Development Processing and Impact Fee Ordinance. The payment plan requires all processing fees be paid at permit issuance and the balance of fees paid at the call for final inspection. 2-4 Agave Phase 11 $226,105.98 $10,745.92 $215,360.06 .Agave Phase 12 $179,096.26 $9,784.07 $169,312.19 Agave Phase 13 $113,058.98 $5,378.95 $107,680.03 Clover Phase 6 $91,095.85 $8,639.53 $82,456.32 Mosaic Phase 4 $83,261.50 $7,091.60 $76,169.90 Andorra Phase 7 $95,324.13 $26,589.63 $68,734.50 Palma Model Units $49,265.23 $0.00 $49,265.23 3/17/09, Item 2. Page ~ of 5 Depending on market condition and construction schedules, occupancy is anticipated to occur within the initial 12-month agreement and the sunset date of December 30, 2010. Approval of the agreement will enable the project to proceed and. stimulate economic development within Chula Vista. 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 properties, which are the subject of this action. FISCAL IMPACT Processing of these agreements will have a positive impact on the Development Services Fund. Currently, the fund revenues have a projected shortfall of $1.7M due to the decrease in development activity. The payment of $97,759.39 in processing fees will lower the projected shortfall. Payment plan agreements as authorized by the Ordinance, applicants will reimburse the City for all costs incurred in the preparation, .execution, and recordation of the individual project agreements. Staff costs incurred in administering individual payment plan agreements will not be recovered via astand-alone administrative fee. It is anticipated that these costs will not exceed staff time generally spent administering fee programs. Payment plans will enable the collection of processing fees on projects, which might otherwise cease and thus, stimulate the economy and improve development services revemie. S UNI_VIARY' Marquis Phase 3 $420,066.09 $29,529.69 $390,536.4Q Agave Phase 11 $226,105.98 $10,745.92 $215,360.06 Agave Phase 12 $179,096.26 $9,784.07 $169,312.19 Agave Phase 13 $113,058.98 $5,378.95 $107,680.03 Clover Phase 6 $91,095.85 $8,639.53 $82,456.32 Mosaic Phase 4 $83,261.50 $7,091.60 $76,169.90 Andorra Phase 7 $95,324.13 $26,589.63 $68,734.50 Palma Model Units $49,265.23 $0.00 $49,265.23 TOTAL $1,257,274.02 $97,759.39 $1,159,514.63 Approval of individual project payment plan agreements will result in extended payment of processing and development fees. Interest earnings a re estimated at $29,451.68. ATTACHMENTS 1. Ordinance 3120 Prepm•ed by: Iracsema Quilantan, Assistant Director of Engineering, Public Works Department K:IENGINEERIRESOS1Resos?0 0 9103-03-0 91 FINAL DEVLEOPER STAFF REPOR71Pnyment Plnn A~reemenrsREV3 i~vsA by TO.dac 2-5 ~rracr~~iT f ORDINANCE N0.3120 ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE DEVELOPMENT AND PROCESSING IMPACT FEE PAYIviENT PLAN PROGRAM WHEREAS, the City of Chula Vista (City} requires the payment of various types of development impact fees to help address the impacts of new development; and WHEREAS, on August 7, 1990, pursuant to Ordinance No. 2384, the City Council established the Telegraph Canyon Drainage.Fee; and " WHEREAS, Ordinance No. 2384 requires that the 'Telegraph Canyon Drainage Fee be paid before the approval by the City of the development project, or if not paid at the time of approval of the final map or pazcel map, the fee must be paid before the issuance of the first building permit for the development; and WHEREAS, on December 9, 1997, pursuant to Ordinance No. 2716, the City Council establish the Poggi Canyon Sewer Basin Development Impact Fee; and WHEREAS, Ordinance No. 2716 requires that the Poggi Canyon Sewer Basin Development Impact Fee"be paid.in cash upon the issuance of a building permit; and WHEREAS, on January 5, 1999, pursuant to Ordinance No. 2767, the City Council established the Otay Ranch Village 1 and ~ Pedestrian Bridge Development Impact Fee; and WHEREAS, Ordinance No. 2767 requires that the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee be paid prior to the issuance of building permits for residential development projects; and WHEREAS, on February.l8, 2003, pursuant to Ordinance No. 2898, the City Council established the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11; and WHEREAS; Ordinance No. 2898 requires that the Pedestrian Bridge Development Impact Fee for Otay Ranch Village 11 be paid in cash. upon the issuance of a residential building permit; and WHEREAS, Chapter 3.32 of the Chula Vista Municipal Code establishes the Residential Construction Tax; and WHEREAS, the Residential Construction Tax requires that the tax be paid upon the application for a building permit; and 2-6 Ordinance No. 3120 Page 2 WHEREAS, Chapter 3.50 of the Chula Vista Municipal Code establishes the Development Impact Fees to Pay for Various Public Facilities (PFDIF); and WHEREAS, the PFDIF requires that the fee be paid upon the issuance of a building permit; and WHEREAS, Chapter 3.54 of the Chula Vista Municipal Code establishes the Transportation Development Impact Fee for the Eastern Temtories of the City (TDIF) and Chapter 3.55 of the Municipal Code establishes the Western Transportation Development Impact Fee (WTDIF); and WHEREAS, both the TDIF and the WTDIF require that the fee be paid upon the issuance of a building permit; and WHEREAS, Section 13.14.090 of the Chula Vista Municipal Cade establishes the Sewage Capacity Charge; and WHEREAS, the City recognizes that the payment of fees represents a substantial financial commitment for many projects; and WHEREAS, the City recognizes that establishing a payment plan for certain fees may assist in the development of projects; and WHEREAS, this Qrdinance establishes a payment plan for certain development processing and impact fees for a specified period of time. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section 1. Environmental Review The City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15D60(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Section 2. Purpose The City Counci] of the City of Chula Vista desires to encourage the construction of residential and nonresidential development. projects within the City. The City Council finds that the early payment of certain impact fees for new development creates such a bamer to such development and desires, by the adoption of this Chapter, to ease such barrier by establishing a payment plan for certain development impact fees. Ordinance No. 3120 Page 3 Section 3. Definitions "Applicant" means the owner of the real property or the developer with an approved development project who seeks a development impact fee payment plan pursuant to this Ordinance. "Approved Residential Development Project" means a market rate residential deve]opment consisting of single-family or multifamily residential units sold or rented at prevailing market rates and free of any affordability restrictions which has received final discretionary action by the City and which is in compliance with all environmental requirements due prior to issuance of a building permit. "Approved Development Project " means a nonresidential development which has received final discretionary action by the City and which is in compliance with all environmental requirements due prior to issuance of a building permit Section 4. Development Impact Fees Subject to the Payment Plan Program Notwithstanding the provisions of Chapters 3.32, 3.54 and 3.55 of the Chula Vista Municipal Code and the Ordinances fisted below, the provisions of this Ordinance shall apply only to the following development impact fees: (a) the Sewer Capacity Fee codified in Section ] 3.14.090 of the Chula Vista Municipal Code; (b) the Residential Construction Tax codified in Chapter 3.32 of the Chula Vista Municipal Cade; (c) the Development Impact Fees to Pay for Various Public Facilities codified in Chapter 3.50 of the Chula Vista Tvlunicipal Code; (d) the Eastern Area Transportation Development Impact Fee codified in Chapter 3.54 of the Chula Vista Municipal Code; (e) the Western Transportation Development Impact Fee codified in Chapter 3.55 of the Chula Vista Municipal Code; (f) the Telegraph Canyon Drainage Fee established on August 7, 7 990 pursuant to Ordinance No. 2384; (g) the Poggi Canyon Sewer Basin Development Impact Fee established on December 9, 1997, pursuant to Ordinance No. 2716; (h) the Otay Ranch Village 7 and 5 Pedestrian Bridge Development Impact Fee established on January 5, 1999, pursuant to Ordinance No. 2767; and 2-8 _ _ .. ...~- .... _. .. Ordinance No. 3120 Page 4 (i) and the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11 established on February 18, 2003, pursuant to Ordinance No. 2898. Section 5. Establishment of the Development Impact Fee Payment Plan Program (a) The Development Impact Fee Payment Plan Program is established for those development impact fees listed in Section 4. (b) The Development Impact Fee Payment Plan Program shall apply only to Approved Residential Development Projecu and Approved Development Projects as defined in this Ordinance. {c} An Applicant may file an application with the City to request a payment plan for any or all of those development impact fees listed in Section 4. (d) The Applicant shall deposit with the City an amount to be determined by the City Manager for an Approved Residential Development Project or an Approved Development Project at the time the building pemvts are issued. No building permit shall be issued for an Approved Residential Development Project or an Approved Development .Project subject to this Ordinance unless the Applicant has paid this deposit. (e) The Applicant, and the owner of the property, if different, shall be required to enter into an agreement with the City, in a form approved by the City Attorney, agreeing to the payment plan. (f) The maximum period .for any payment plan pursuant to this Chapter is twelve (12) months from the date of issuance of building permits. This period may be extended once for twelve (12) months at the discretion of the City Manager. Any additional extensions shall be at the discretion of the City Council. (g} All fees subject io the Development Impact Fee Payment Pian Program shall be paid in full the earlier of_ (1) the City's approval and signature on the final inspection card by the Director of Planning and Buildirig, or designee, for an Approved Residential Development Project; or (2) the issuance of the certificate of occupancy for an Approved Development Project; or (3) the end of the maximum period described in subsection (f) of this Section 5. Section 6. Agreement Shall Constitute a Lien The Applicant and the owner of the property, if different, shall execute a Development Impact Fee Payment Plan Program Agreement with the City. The Agreement shall be recorded by the City and shall constitute a lien against the property for the payment of the fees. The City Manager shall execute the Agreement on behalf of the City. Ordinance No. 3120 Pave 5 Once the obligation is paid in full, the City shall record a Release of the Lien. Section 7. Determination of the Amount of Development Impact Fees The amount of development impact fees owed by the Applicant shall be determined by the City pursuant to the provisions outlined in the Municipal Code or in the ordinances establishing the fees. These amounts shall be fixed as of the date of the execution of the Development Impact Fee Payment Plan Agreement by the City. The amounts of these fees shall not change as long. as the Applicant is in full compliance with all provisions and requirements of this Ordinance and the Development Impac# Fee Payment Plan Program Agreement. If, however, the Applicant fails to comply with all the provisions and requirements of this Ordinance or the Agreement, the City may adjust the development impact fees to reflect the current rates for the fees. Section 8. Not Transferable The City's approval of a Development Impact Fee Payment Plan is not transferable to any other project, even if the Applicant is the same and the other project would qualify for the Development Impact Fee Payment Plan Program. Section 9. Recordation Costs The Applicant shall pay all costs of recordation of documents required pursuant to this Ordinance and the Development Impact Fee Payment Plan Program Agreement at the execution of the Development Impact Fee Payment Plan Program Agreement by the City. Section 10. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage and shall expire on December 31, 2010, and as of that date, is repealed. Presented by _-. I_. Richard A. Hop s~ Engineering Director Approved as to form by w ''ice w~ '.1G~ B : Mie~ld City Atto~iey 2-10 Ordinance No. 3120 Page 6' PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of January 2009, by the following vote: AYES: Councihnembers: Bensoussan Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, ayo ATTEST: Donna R Noms, CMC, City Clerk STATE OF CALIFORNIA } COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3120 had its first reading at a regular meeting held on the 16th day of December 2008 and its second reading and adoption at a regulaz meeting of said City Council held on the 6th day of January 2004; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 6th day of January 2009. c./ yF~,/ ~/'.c~y Donna R. Norris; MC, City Clerk RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAi~i AGREEMENT ("AGREEMENT") WITH OAKWOOD FOR. MARQUIS PHASE 3, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, the City requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and WHEREAS, the payment of these fees is a substantial commitment for many projects; and spreading the payment of the fees over an extended period may assist in the development of projects; and WHEREAS, in December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered; and WHEREAS, the City Council approved an Ordinance establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, in Phase 3, Oakwood proposes to develop 4 residential units named the Marquis Phase 3 project in Otay Ranch Village 6; and WHEREAS, Oakwood owns the Property for Phase 3"(Property") and agrees .that they are responsible for all of the development impact fees owed for the project; and WHEREAS, Oakwood also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection; and WHEREAS, by executing this Agreement and placing a lien on the Property, the City is securing the payment of the deferred fees. NOW, THEREFORE; BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with Oakwood for Marquis Phase 3 and authorize the City Manager to execute the Agreement on behalf of the City. 2-1 2 BE IT FURTHER RESOLVED by the City Council of the City Of Chula Vista that the City Clerk is directed to record a lien and the Agreement with the County Recorder of the County of San Diego. Presented by Richard A. Hopkins Director of Public Works 2-13 City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: ~ ~ ~~ Lien and Development Impact Fee Payment Plan Program Agreement between Otay Ranch Fourteen, LLC and the City of Chula Vista. for Marquis Phase 3 2-14 City Attorney RECORDMG REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a public agenty of less than a fa interest for which no cash consideration has been paid or recuved For Recorder's Use Only LIEN AND DEVEL®PMENT IMPACT FEE PAXMENT PLAN PR®GRAM AGREEMENT THIS L~NO Ay G' DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated ),p , 20~ for rrfrrence only and executed on the date on which the last party signs, by and between O~y Rartch Fourteen. LLC ("Owner"), and the CITY OF CHIJLA VISTA, a Califomia mwicipal corporation and chance city ("Ciry' with reference to the following facts: - A Owner is the owner of that cetain real property in the Ciry OPChula Vista,Cowry of San Diego, State oFCalifomia, more particularly described on Exhibit "A" attaehed~ ("Property"). B. On Semembcr 1 I , 20Q7 ,the City Council of the Gry approvrA Rcsolutfon # ?00"7=229. Cot 1 ofOtav Ranch Villaee 6. MarQuis Unit 1 of Final Mao Number 15618, also known as Maieuis Phase 3 (the "Project"). C. Owner has applied for a building pcrtnit(s) for the Protect. D. Upon the isstiancc of building permits, certain Tres arc due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development, amt Califomia Govcmmmt Code Sections 66000 et. seq (`Fees"j. The Fees applicable to the building pctmiu are more particularly described on Exhibit "B", attached Other tees or charges related to the Project, bin not included in Exhibit "B", shall will be due and payable to the Ciry in accordance with the City Municipal Cade. Omission of suds additional feu and charges from Exhibit "B" shall not be a waiver of the obligation oC Owner to pay such additional fees and charges. ' E. Pursuant to Ciry Ordinance No. 3120 ("Ord. No. 3120"), the City haz the authority to defer Fea for l2 months from the permit issuance with an option to cxtrnd for an additional l2 months, at the sole discretion of the Ciry Manager or hislher designee, ac writ [he call for final inspection far residential dn~elopment or issuance of ecrtificate pf occupanry for non-rrsidemial development, whichever is earlier. F. The City has found that the Fea arc not immediazely needed for public improvements required to serve the Project; dcfcval of collection of Fcesvwuld encourage development vital to the Ciry: pa}mtcnt of Fecs is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fces are paid; and the defertal of Fces for the Project would nyxjcopardizc [he public health, safety, and welfare. G. Ord. No. 3120 requires Owns to execu[e a convact with the City, prior [o theissuance of building permits, in ordu to defer the .payment of the Fees. - H, Ciry and Owner desire to toter into this Agreement deleting payment of the Fces for l2 months from the permit issuance with an option to extrnd for an additional 12 months, at the sok discretion of the City Manager or hisPocr designee, or'wnl the call for final inspection For residential development or issuance of certificate of occupancy for non-fesidential development whichever is earlier, pwsuant to cell the terms and conditions of this Agreemrnt. NOW, THEREFORE, THE PARTIES AGREE AS PULLOWS: I. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amowt identified in Exhibit "B" and such Fces are dueand payable upon issuance of building permits ant by executing this Agreement WAIVES AND RELEASES the Ciry from any and all claims arising out of or relayed to this Agreement, including the amount and type of Fees id<nti fled in Exhibit "B". Owna's waiver and release of the Ciry shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. Ciry agrees to defer the paymrnt of the Fees far I? months from tnc permit issuance with an option [o extend for an additional 12 months, at the sole discretion of the Ciry Manager ar his/her designee, or until the call for final inspection far residrntial development or issuance of ecrtificate of occupancy for non-residential developmenC whichever is earlier ("Deferral Period") 3, interest shall accrue at the Califomia State Local Agency Investment Fund (LAIF) Apportionment Ratc in effect on the date of the execution of this Agreement through the end of the Deferral Period writ paid ("Accrued Interesi'). 4, Owns on behalf of stall and its successors in mterest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of Pansfening title or acquiring interest in or to any pan of the Project or Property ("Successors'), 2-15 agrees to pay the Fees and Accrued Intcrett with a certified check prior to w concurrent with the date on which the Defertal Period ends. 5. Owner agrees that if it fails to pay the Feu and Accmcd Interest in frl prior the end of the Deferral Period, Ciry shall withhold the final inspection or issuance of ecrtifiwte of occupancy, az applicable, until payment of Feet and Acmed Interest is made in frill. 6. All other rights of the patties shall remain unchanged, as if the Fees wtte paid at the [ime of permit issuance, Without limiting the foregoing, the Fces payable shall be those in etfcet at the time of exttution afthe Agreement az se[ forth on Exhibit "B". 7. This Agreement shall be recorded by the Ciry in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accrued lntcrest binding upon and running with the Property If the Owner ills or transfers the Property w any portion of the Property in anymanner, Property shall not be roleazed from any of the obligations, covenants, w conditions under [his Agreement relating to the Property or portion of the Property w Project being acquired. g. The bwdrn of this Agreement shall be released from the tnleto the Property upon the paymrnt of Fees and Accrued Interest. Within ten (10) business days Colluwing the paymen[ of the Fea and Accrved Interest, the Ciry shall ezecule a "Release of Lien" (Exhibit "C"), which shall be in standard form, approvcd'oy the City Attorney, releasing the burden of this Agreement from the title to the Property Failure of the City to execute the Release of Licn within ten (10) business days of payment of the Fccs aitd Accmed Interest shalt not be deemed a breach of this Agreement, provided Ciry makes its bcri efforts to execute the Release o{ Lirn within a reasonable time thereafter. I 9. The Owner agrees and is obligated to pay all cosu associated with the recording of the Agrament and Release of Lirn. 10. Each signatory to this Agteementroprescnts, warrants, and certifies that hdshe has the authority [o enter into this Agreement oh txhatf of the Owner, the agrncicslcompanieslwsts, respective off eers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. [N WiP.YESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized repreuntative thereto, and by the OwnerlApplicant. Date: ~~ ~ ~ 0~ THE CITY OF CHULA VISTA, A California municipal corporation Approved ~az to form and legality this day of _ 20 Bart Miesfeld, Ciry Attorney By Dcpury Ciry Aaomry 2-16 City of Chula Vista Exhibit "A" Property Description (Legal Description) 2-17 Exhibit "A" Property Description ~rq®S Sequence List Village 6 Tract 05-06 (Portion oil) Atiap # 15618 Recorded on 9!20!2007 Phase 3 3 Seq. # Bldg # Unit Plan Address 1 1-1 LW1 E-1 1925 E. Palomar St., Unit 21 2 1-2 LW2 D-2 1925 E. Palomar St., Unit 22 3 1-3 LW3 D-1 1925 E. Palomar St., Unit 23 4 1-4 LW4 D-3 1925 E. Palomar St., Unit 24 5 1-5 LW5 D-2 1925 E. Palomar St., Unit 25 6 1-6 LW6 E-2 1925 E. Palomar $t.; Unit 26 7 9-1 R TH1 C 1430 Magdalena Ave., Unit 35 8 9-2R TH2 A-2 1430 Magdalena Ave., Unit 36 9 9-3R TH3 B-2 1430 Magdalena Ave., Unit 37 10 9~R TH4 A-2 1430 Magdalena Ave., Unit 38 11 9-5R TH5 A-1 1430 Magdalena Ave., Unit 39 12 9-6R TH6 B-2 1430 Magdalena Ave., Unit 40 13 9-7R TH7 ~ A-2 1430 Magdalena Ave., Unit 41 14 9-8R TH8 B-1 1430 Magdalena Ave., Unit 42 15 8-1 R TH1 C 1422 Magdalena Ave., Unit 27 16 8-2R TH2 A-2 1422 Magdalena Ave.,. Unit 28 17 8-3R TH3 B-2 1422 Magdalena Ave., Unit 29 18 8-4R TH4 A-2 1422 Magdalena Ave.., Unit 30 19 8-5R TH5 A-1 1422 Magdalena Ave., Unit 31 20 8-6R TH6 B-2 1422 Magdalena Ave., Unit 32 21 8-7R TH7 A-2 1422 Magdalena Ave., Unit 33 22 8-8R TH8 B-1 1422 Magdalena Ave., Unit 34 23 10-1 R TH 1 C 1424 Seine River Wy., Unit 43 24 10-2R TH2 A-3 1424 Seine River Wy., Unit 44 25 10-3R TH3 B-2 1424 Seine River Wy., Unit 45 26 10-4R TH4 A-3 1424 Seine River Wy., Unit 46 27 10-5R TH5 B-2 1424 Seine River Wy., Unit 47 28 10-6R TH6 A-1 1424 Seine River Wy., Unit 48 29 10-7R TH7 A-2 1424 Seine River Wy., Unit 49 30 10-8R THS B-2 1424 Seine River Wy., Unit 50 31 10-9R TH9 A-3 1424 Seine River Wy., Unit 51 32 10-10R TH10 C 1424 Seine River Wy.; Unit 52 3/6/2009 2_1 $ Oakwood Development (949) 719-940 ext 121 EXHIBIT B Payment Schedule Marquis Phase 3 (BR07-0590 thru BR07-0593) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5120 DIF Poggi Cyn Grav Sewer 5140 NPDES Fee 6000 Otay Ranch Res fiOTALS 2.54% Balance of Balance Due ~ Deferred Fees Interest Final Inspection $ 180.00 $ 4.57 $ 184.57 $ 83,472.00 $ 2,120.19 $ 85,59.19 $ 9,698.50 $ 246.34 $ 9,944.84 $ 14,400.00 $ 365.76 $ 14,76 .76 $ 6,112.02 $ 155.25 $ 6,26 .27 $ 17,024.00 $ 432.41 .$ 17,45 .41 $ 74,496.00 $ 1,892.20 $ 76,38 .20 $ 54,112:00 $ 1,374.44 $ 55,48 .44 $ 10,816.00 $ 274.73 $ 11,09 .73 $ 45,216.00 $ 1,148:49 $. 46,364.49 $ .28,608.00 $ 726.64 $ 29,334.64 $ 34,304.00 $ 871.32 $ 35,175.32 $ 9,600.00 $ 243.84 $ 9,843.84 $ 1,663.00 $ 42.24 $ 1,705.24 $ 834.88 $ 21.21 $ 856.09 $ 390,536.40 $ 9,919.62 $ 400,455.02 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 2-19 c~La~®s~~a~ ALL-~a~s~s~ ~c~~®e~~~®c~~~e~ State of California 1 County of ~ (Z-'A ~ 1} On Oate personally appeared before me, iERESA lYi+p6 P«1 conarttse~+ o a YSlFD3b b~ParY l - C~uiatrd® ~, CoanMY P,v? Omma ~ a who proved to me on the basis of satisfactory evidence to he the person whose name18f is/are subscribed to the within instrument and acknowledged to me that he/s~ltt~y executed the same in his/t~dtt~ir authorized capacity(i~ and that by his/fj~dtt~ir signaNre~'j on the instrument the person, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seat Above Signa re of Notary Pudic C~PTIOAfAL Though the information below is nor required by law, it may prove valuable to persons relying on the document and could prevent /raudulenr removal and reattachment of this )o?n to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les)nCl~aimed,1by Signer{s) Signers Name:1 H'2~ ii• • C1E7~>~CZ- ^ Individual ^ Corporate Officer-Title(s): ^ Partner - ^ Limited ^ General _ U Attorney in Fact ^ TfllStee ~ Top of thumb here ^ Guardian or Cons rvator Wither. Signer Is Representing: r[~ ~,. f-rx Xc~f f n , L~~ Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner-^ Limited ^ General ^ Attorney in Fact ^ Trustee `Guardian or Conservator ^ Other. Signer Is Representing: a Top of 1humD here 02007 National Notary Aseotlaaon • 9360 Oe Scat Ava.. P.O. aoc 2x02 •Ctatr ath, CA 97313~2a02 • www.NatioreNJOlaryory ttnn •59p7 Header: Cal ToFFree 106878-6827 ~~ ~ u nr~`11 la RG~ar~ , ~o'C~ R~ CJ ~~~c Flar insert name and rme of onicer . ~ n r~ 2-20 RESOLUTION N0.2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH SHEA HOMES FOR AGAVE PHASE 11, AGAVE PHASE 12, AGAVE PHASE 13, CLOVER PHASE 6 AND MOSAIC PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEiVIENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, the City requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and WHEREAS, the payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects; and WHEREAS, in December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered; and WHEREAS, the City Council approved an Ordinance establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, in Clover Phase 6, Shea Homes is proposing to develop 8 residential units named the Shea Homes Clover Phase 6 project in Otay Ranch Village I I; and WHEREAS, in Mosaic Phase 4, Shea Homes is proposing to develop 10 residential units named the Shea Homes Mosaic Phase 4 project in Otay Ranch Village 7, Neighborhood R-1B; and WHEREAS, Shea Homes Ltd Partnership owns the property for Agave Phases 11-li, Clover Phase 6, and Mosaic Phase 4 (combined "Property")and agrees that they are responsible for all of the development impact fees owed for the project; and WHEREAS, Shea Homes also acknowledges and agrees that these fees are due and payable to the City prior tp or upon the call for final inspection; and WHEREAS, by executing this Agreement and placing a lien on the Property, the City is securing the payment of the deferred fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with Shea Homes for Agave Phase 11, Agave Phase 12, Agave Phase 13, Clover Phase 6 and Mosaic Phase 4 and authorize the City Manager to execute the Agreement on behalf of the City. 2-21 BE IT FURTHER RESOLVED by the City Council of the City Of Chula Vista that the City Clerk is directed to record a lien and the Agreement with the County Recorder of the County of San Diego. Presented by Richard A. Hopkins Director of Public Works 2-22 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY art C. Miesfel City Attorney Dated: ' Lien and Development Impact Fee Payment Plan Program Agreement between Shea Homes Limited Partnership and the City of Chula Vista for Agave Phase 11 2-23 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF.CHULA VISTA Atm: No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated ' 20_~ for reference only and executed on the date on which the last party signs, by and between Shea Homes Limited Partnership ("Owner"), and the CITY OF CHULA VISTA, a Califomia municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the Ciry Of Chula Vista, County of San Diego, State of Califomia, more particulazly described on Exhibit "A" attached ("Property"). B. On July 79 2005 the Ciri Council of the Ciry approved Resolution ii 2005-251. Lot I of Otav Ranch ViI[aee [ I. Neiehborhbod R-24/25 of Final Mao Number 150%..also known as Aeave Phase t I (the "Project"). C. Owner has applied for a building permit(s) for the Project D. Upon the issuance of building permits, certain fees are due and payable pursuant [o City's Municipal Code, non•codified ordinances related to land development, and Califomia Government Code Sections 66000 et. seq ("Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "A", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be~a waiver of the obligation of Owner Co pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 {"Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option [o extend for an additional 1Z months, a[ the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would notjeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Ovmer desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for an additional'12 months, at the sole discretion of the City Manager orhis/her designee, or until [he calh for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Owner agrees and acknowledges that i[ is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable~upon issuance of building permits and by executing this Agreement WAIVES AYD RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified iri Exhibit "B". Owner's waiver and release of the City shalt exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees [o defer the payment of the Fees for l2 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of [he City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residrntial development, whichever is earlier ("Deferal Period"). 3. Interest shall accrue a[ the Califomia Stale Local Agency Investment Fund (LATE) Apportionment Rate in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). 4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest in or to any par[ of the Project or Property ("Successors"), 2-24 agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent wish the date on which the Deferral Period ends. 5. Owner agrees that if it fails to pay the Fees and Accmed interest in full prior [he end of the Deferral Period, Ciry shall withhold the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in full. 6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the. County Recorder and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. ff the Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired. 8. The burden of this Agreement shall be released from the title ro the Property upon the payment of Fees and Accmed Interest. Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standard form, approved by the City Attomey, releasing the burden of this Agreement from the title to the Property Failure of the City to execute the Release of Lien within ten (10) bdsiness days of payment of the Fees and Accrued interest shall tint b8 deemed a breach of this Agreement, provided Ciry makes its best efforts to execute the Release of Lien within a seasonable time thereafter. 9. The Owner agrees and is obligated to pay all casts associated with the recording of the Agreement and Release of Lien. 10, Each signatory to [his Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies(companiesltrusts, respective officers, directors, andlor trustees they represent (collectively "Applicantr") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHLJLA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant "Owner/Applicant o3•oS. o~c. SE-tE4 ~o°"~t-S l-t^1rT~~ P~4~Tri~C~FCn~ By Its ,Qu-rno<z. "GStir ~kGx.-a^-~ Dale: THE CffY OF CHi3LA VISTA, A California municipal corporation Approved as to form and legality this day of 20 Bart Miesfeld, City Attomey By: Deputy Ciry Attomey 2-25 ~ ' a`h~ San Diego County My Cornet. Expires Jul 1, 2009 I certify under PENALTY OF PERJURY under the laws of the State of. California that the foregoing paragraph is . true and' borrect. State of California ' County of - On ~ ci.r~,~ S 2~q before me, ~'Q,ra ~ ,~ 'hr C, ~n /1o-('~tyll '1)y~'J~'I C Oate ~ Hertlin5ert Name antl Ilia of I ~ Otlicet ..... .... ,- . .. personalty appeased ~-~~~.{ L. n ~ Y`C 4'lt'1.-P `Name(s). at Si nor(sJ ~~ whd proved to me on the basis of sattsfaetory evidence td .,. be'th perso s) whose am (s) is re subscribed to the within Instrument ehd ackhbwledged to=..me -that h he/they executed the same in~erttheir authorized , capacl (ies), and that by is er/their ignatur (s):on the SAP.PH J BECKMAN Ins rument th ~ perso s) or-the entity on behalf -of . ~ Ccn~misslon # 159t 862 ~ which th perso s acted, executed the instrumeht. ,~ Notary Public - California > WITNES Sighatur Place NOIAly Seal Above oPrroNaL . Though the information below is not required bylaw, if may prove valuable tp persons relying on the docurnenr and could prevent fraudulent remove! and reattachment of this fonnYO another document. Description of Attached Document Title or Type of Document: bocument Date: Signer(s) Other Than Named Above: __ Capacity(ies} Claimed by Signers} Signer's Name: Q Individual C Corporate Officer _ Title(s): ^ .Partner-LI Limited L General _ _ Attorney in Fact CI' Trustee Top of ihumo Here rte' Guardian or Conservator n Other: Signer Is Representing: S my d and+offibiai°seal., e ~~-`~ Signato /Notary ub4c Number of Pages: 'Signer's Name: - 17 Individuat% ' ,, ~ Corporate Officer-Title(s): ~ Partner-0 Limited. [J General ~ Attorney; in'Fact Cl Trustee (rop ottfium5. [7 Guardian or Cohservator 'Other. Signer Is Representing:_ 9i200TNaticml Nomry Aa:OGaUOn 9050 Oa Selo Ave., P.O Hsu 202 •Chf115~~ronh. CA 2-26 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On ,before me, (name, tllle of officer, a.g., Jana Doe, Notary Puhlic) 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/herltheir authorized capacity(ies), and that by his/herltheir 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 of Notary) Capacity claimed by signer: (This section is OPTIONAL) ^ Individual ^ Corporate Officer(s): ^ Partner(s): ^ General ^ Limited ^ Subscribing Witness ^ Attorney-in-fact ^ Trustee(s) ^ Guardian/Conservator ^ Other: Signer is representing: (name of person(s) or enory(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document:' THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above 2-27 LEGAL 9]ES~Rl~i'lOiV CITY t~F Chll1LA VISTA LOT 1 OF CHULA VISTA TRACT N0. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOODS R-Z4 AND R-Z5, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 15056, FILED IN THE OFFICE OF THE COUNT( RECORDER OF SAID SAN DIEGO COUNTY ON JULY 28, 2005. ~`'\~~P~U I S C SGPG < ~~~ OW p ~ N L.S. 73x9 ~. Exa.12/31/09 ~ J~. ~~P 9!E pF CpV\EQ`~ ~~9j~ CITY OF CHULA VISTA ®~... ~ 7 lp/`~suv~ PUBLIC WORKS DEPARTMENT 276 FOURTH AVENUE CHULA VISTA, CA 91910 JOS LU GOMEZ, P.L. . 7 49 DATE (619) 476-230T N EXPIRES 12/3 LI t J.'~S vet, mifs FY 08-09~7essa-Legal Desc.awq OJ/06/2G09 3.'1i: 20 FM P57 EXHIBIT B Payment Schedule Agave Phase 11 (BR07-0406 thru BR07-0407) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 5150 DIF Salt Creek Sewer 6000 Otay Ranch Res 8087 Village 11 Ped Bridge TOTALS 2.54% Balance of Balance Due Deferred Fees Interest" Final Insuection $ 90.00 $ 2.29 $ 92.29 $ 36,519.00 $ 927.58 $ 37,446.58 $ 3,332.00 $ 84.63 $ 3,416.63 $ 5,950.00 $ 151.13 $ 6,101.13 $ 17,572.80 $ 446.35 $ 18,019.15 $ 7,448.00 $ 189.18 $ 7,637.18 $ 32,592.00 $ 827.84 $ 33,419.84 $ 23,674.00 $ 601.32 $ 24,275.32 $ 4,732.00 $ 120.19 $ 4,862.19 $ 19,782.00 $ 502.46 $ 20,284.46 $ 12,516.00 $ 317.91 $ 12,833.91 $ 15,008.00 $ 381.20 $ 15,389.20 $ 674.00 $ 17.12 $ 691.12 $ 13,965.00 $ 354.71 $ 14,319.71 $ 365.26 $ 9.28 $ 374.54 $ 21,140.00 $ 536.96 $ 21,67fi.96 $ 215,360.06 $ 5,470.15 $ 220,830.21 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 2-29 City of Chula Vista Exhibit "C" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the City of Chula Vista, Document No. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. OR MAP UNIT(s) LOT(s) Dated: City of Chula Vista ey: State of California ) County of San Diego ) On before me, - 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/herttheir signature(s) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 2-30 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL C~ ~ ~ T~ fP~7y Bart C. iesfeld City Attorney Dated: ~ ` ~ ~ ` D l Lien and Development Impact Fee Payment Plan Program Agreement between Shea Homes Limited Partnership and the City of Chula Vista for Agave Phase 12 2-31 RECORDING REQUESTED BY, .4ND WHEN RECORDED MAIL T0: CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which np cash consideration has been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated 20_~ far reference only and executed on the date on which the fast patty signs, by and between Shea Homes Limited Parmershio ("Owner'), and the CITY OF CHULA VISTA, a Califomia municipal corporation and charter city ("City") with reference [o the following facts: A. Owner is the owner of that certain real property in the City Of Chula Vista, County of San Diego, State of Califomia, more particularly described on Exhibit "A" attached ("Property"). B. On Iuly 19. 2005. the City Council of the City approved Resolution ~ 2005-251. Lot 1 of Otav Ranch Villaee 1 I. Neighborhood R-24/25 of Final Mao Numbzr t 5056, also (mown as,_Aeave Phase 12__ _(the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related Co land development, and Califomia Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits aze more particulazly described on Exhibit "B", attached. Other fees or charges related [o the Project, but not included in Exhibit "B", shall still 6e due and payable to the Ciry in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Ownec Co pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the Ciry has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, a[ the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital [o [he City; payment of Fees is adequately secured through this Agreement and [he City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the defertal of Fees forthe Project would notjeopardize the public health, safety, and welfare. G., Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permiu, in ordec to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferting payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion ofthe City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development,.. whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE~PARTIES AGREE AS FOLLOWS: 1. Owner agrees and acknowledges that i[ is obligated to pay all Fees in.[ype and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAIVES AAD RELEASES the Ciry from any and all claims arising out of yr related to this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the Ciry shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. Ciry agrees [o defer the payment of the Fees for l2 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the Ciry Manager or hisPoer designeq or until [he call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferal Period"). 3. Interest shall accrue at the Califomia State Local Agrncy Investment Fund (LATE) Apportionment Rate in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). 4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferirig title or acquiring interest in or to any part of the Project or Property ("Successors"), 2-32 agrees to pay the Fees and Accrued Interest with a certified check prior to or concuaent with the date on which the Deferral Period ends. ~. Owner agrees that if it fails to pay the Fees and Accmed (n[5rest in full prior [he end of the Deferral Period, Ciry shall withhold the final insp«don or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in full. 6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting the foregoing, the Fees payable shall be those N effect at the time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, OtFce of the County Recorder and shall constitute a lien for the Fees and Accmed Interest binding upon and running with the Property. If the Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any oi'the obligations, covenants, or condirions under this Agreement relating to the Property or portion of the Property or Project being acquired. 8. The burden of this Agreement shall be released from the title to the Property upon the payment of Feu and Accrued Interest Within ten (10) business days following the payment of the Fees and Accrued Interest, the Ciry shall execute a~"Release of Lien" (Exhibit "C"), which shall be in standard Form, approved by the City Attorney, releasing the burden of this Agreement from the title [o the Property. Failure of the City to execute the Release of Lien within [en (10) business days of payment of the Fees and Accrued Interest shall no[ be deemed a breach of this Agreement, provided Ciry makes iu best efforts to execute the Release of Lien within a reasonable time thereafter. 9. The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien. 10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective oTficers, directors, and/or trustees they represent{collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WIT~'ESS WHEREOF, this Agreement is executed by the CTiY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant. "Owner/Applicant. Da[e:~,>Z•oS.O`l. S~~k f~l£~`^e-~ C~.n.trTZrtP (~~~/Jt=•~ZSH.rp. v By ` Iu .Q-tn-(~~tnt~.t z.?D .~Csc-~'~^ THE CITY OF CHULA VISTA, A California municipal corporadon Approved as [o form and legality this day of 20 Bart Miesfeld, City Attorney BS" Deputy Ciry Attorney 2-33 ,. GAL~~®R~9A.~ Afl.iL-~~~3P®S~ ~CKN+a9fY9:~~G~/d~N'6"; ,- E^c a'^.~;~'r~ ~ .C-[~5.~_•c'<` C ~c~^w-' `<-E"•CC ~MC~c` c.F~2.`'..'r". c.~f`.r~-,r".C~rn c~F.f'~'~ ~^,c'C~.cyC~~., ~Crf'.c:^-f'C~vC'+-~ -:,S.ic T!`,e:c State of California County of f On M arch S o before me, ~g~~ r~ . oats. personally appeared ~(1~__( ~ ~ I: ,~ ,. who proved to me on the basis of satisfactory evidence to. - be the ers (s) whose am (s)ure. subscribed to the within instrument and ackhowledged' to me that ~"'~~~~ ~he/they executed the s e it ii herftheir authorizedi ' - Commiss:or # 1591862 ~ apaci ies}, and that by hi er/their ignatu e(s} orrthe ®~ - Notory Pudic • caiitornia _ instrument the ersa (s), or the entity.. upon behalf of ' , . ' e son Diego county which tfie rso s acted, executed the instrument. My Comm. expires Jul 1, 2009 I certify under PENALTY OF PERJURY under the laws of the State of. California that the foregoing paragraph.is true and correct.. WITNESS my h nd and'official seal. Signature ~ ~~'L~J Place Notary say Ahove Si5n3lura NoWr ublic OPTIONAL lAough the information belouv is not required bylaw, it may prove valuable to persons relying on'ttie docurent and could prevent fraudulent removal and reattachment of this form fo another document. Description of Attached Document •. Title or Type of Document: Document Date: Numbecef Pages: Signers} Other Than Named Above: __.___ - ,____ ___. Capacity(ies} Claimed by Signers} Signer's Name: Signer's Name: ^ Individual ^ Indfvidua6 ^ Corporate Officer - Titles}: ^ Corporate Officec:=;Title(s): ^ Partner-^ Limited ^ General •,: ^ Partner-^ Limited ^_General _ ^ 'Attorney in Fact ° y ~ Attbrriey in Fact ' ' ^ Trustee m~ or mumu n_re p Tru§tee: , red otmumti Here ^ Guardian or Conservator ^ Guardian orCdnservatdr U Other: ^ Other:` Signer Is Representing: ~ Signer Is Representing: ~~w'Z'~S~z~Gr,~~z;3rC'ez~,~~.r¢-,'?%G~c~'~?~',L~L~~L`S~`.Cry;?-c~Lec.`~^u:CZ?'~Gz',rc~o?~'~'z."e-Z'~.~"'4'!:~.. W2C07 NNicrvH Notary ASSOCimion•9350 ~e SOio AVe.,P.O.Elox2a0'L•Chutswonh, CA 91313-?.a02•vnxxNatiorralNOWryorg Item N5907''Reorcler: CaIITO11~Frec l-t706976~6ffi7 2-34 ' City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On ,before me, (name, title of aRcer, e.g., Jane Dae, Notary Puhl'~c) 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/shelthey executed the same in his/her/their authorized capadity(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 of Notary) Capacity claimed by signer: ^ individual ^ Corporate Officer(s): ^ Partner(s): ^ Subscribing Witness ^ Attorney-in-fad ^ Trustee(s) ^ GuardiaNConservator ^ Other. Signer is representing: (name of person(s) or Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above (This section is OPTIONAL) ^ General ^ Limited 2-35 I~~ EX.a-~I~ ~° LEGAL DESCRIPTION CITY OF CHULA VISTA LOT 1 OF CHULA VISTA TRACT N0. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOODS R-24 AND R-25, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 15056, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 28, 2005. ~`'\O~P~'U I $ C 9GPG ~ ~ O ~ o~ 1' ~~0 ~ a ~ LS. 1349 ,* EXP. 12/31/09 ,~ Jt ~\Q, 9rE Of AV~F~~ C ~~~/~ CITY OF CHUTA VISTA ` °' ' -~ ~ J J ~/~ " - ° PUBLIC WORKS DEPARTMENT , i 276 FOURTH AVENUE ~. ~ CHULA VISTA, CA 91910 JOS LU GOMEZ, P.L. . 7 49 DATE ~1.1~V1~~ (619)47fi-2301 LI N EXPIRES 12/3 I J: \i~ iey, _ mils FY G8-G9\Tessa-Legal Oesc. dwq G3/G6/2GG9 3.' 11:70 PM P57~ EXHIBIT B Payment Schedule Agave Phase 12 (BR07-0408 thru BR07-0409) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 5150 DIF Salt Creek Sewer 6000 Otay Ranch Res 8087 Vllage 11 Ped Bridge TOTALS 2.54% Balance of Balance Due @ Deferred Fees Interest* Final Inspection $ 90.00 $ 2.29 $ 92.29 $ 28 693.50 $ 728.81 $ 29,422.31 $ 2,618.00 $ 66.50 $ 2,684.50 $ 4,675.00 .$ 118.75 $ 4,793.75 $ 13,807.20 $ 350.70 $ 14,157.90 $ 5,852.00 $ 148.64 $ 6,000.64 $ 25,608.00 $ 650.44 $ 26,258.44 $ 18,601.00 . $ 472.47 $ 19,073.47 $ 3,718.00 $ 94.44 $ 3,812.44 $ 15,543.00 $ 394.79 $ 15,937.79 $ 9,834.00 $ 249.78 $ 10,083.78 $ 11,792.00 $ 299.52 $ 12,091.52 $ 611.00 $ 15.52 $ 626.52 $ 10,972.50 $ 275.70 $ 11,251.20 $ 286.99 $ 7.29 $ 294.28 $ 16,610.00 $ 421.89 $ 17,031.89 $ 169,312.19 $ 4,300.53 $ 173,612.72 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 2-37 City of Chula Vista Exhibit "C" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the City of Chula Vsta, Document No. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. OR MAP U N IT(s) LOT(s) Dated: City of Chula Vista ey: State of California County of San Diego On before nie, 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) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 2-38 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORNIAL,LY SIGNED UPON APPROVAL BY THE CITY COUNCIL 'art C. Miesfeld City Attorney Dated: 3 ~/ Lien and Development Impact Fee Payment Plan Program Agreement between Shea Homes Limited Partnership and the City of Chula Vista for Agave Phase 13 2-39 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN fuND DEVELOPh1ENT IMPACT FEE PAYMENT PLr4N PROGRAM AGREEMENT ("Agreement"),dated 20_~ For reference only and executed on the date on which the last parry signs, by and between Shea Homes Limited Partnershio ("Owner"), and the CITY OF CHULA VISTA, a Califomia municipal corporation and charter city ("City") with referenceto the following facts: , A. Owner is [fie owner of that certain real property ip the City Of Chula Vista, County of San Diego, State of Califomia, more particularly described on Exhibit "A" attached ("Property"). B. On 7uly 19. 2005) the City Council of the Ciry approved Resolution X 2005-251. Lot 1 oFOtav Ranch Villaee i l Neiehborhood R-24/25 of Final Mao Number 15056. also known as Aeave Phase l3 (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permits, certain fens are due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development, and Califomia Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall no[ be a waiver of the obligation of Owner [o pay such additional fees and charges. E. Pursuant to Ciry Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager orhis/her designee, or until [he call far final inspection for residential development or issuance of certificate of'occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required [o serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. Ciry and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole~discretion of the Ciry Manager or his/her designee, or until the call far final inspection for residential development or issuance of certificate of occupancy far non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE; THE PARTIES AGREE AS FOLLOWS: I. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAIVES AYD RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner'S waiver and release of [he City shall exclude any and al] claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees For 12 months from the permit issuance with an option to eMend fdr an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspecdon for residential development or issuance of certificate of occupancy foc non-residential development, whichever is earlier ("Deferral Period"). 3. Interest shall aceme at the California State Local Agency Investment Fund (LAIF) Apportionment Ra[e in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accmed Interest"). 4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest in or to any part of the Project or Property ("Successors"), 2-40 agrees to pay the Fees and Accrued Interest with acertified check prior to or concurrent with the date on which the Deferral Period ends. 5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, Ciry shall withhold the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made m full. 6. All other rights of the parties shall remain unchanged,.as if the Fees were paid at the time of permit issuance. Without limiting the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the Ciry in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions under this Agreement relating to the Properly or portion of the Property or Project being acquired. 8. The burden of This Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within [en (t0) business days following the payment of the Fees and Accmed interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the title to the Property. Failure of the Ciry to execute the Release of Lien within ten (10) business days of payment of the Fees and Accmed Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of Lien within a reasonable time thereafter. 9 The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien. 0. Each signatory [o this Agreement represents, warrants, and certifies that hdshe has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall 6e binding upon and constitute an obligation of the Applicants. IN WITNESS WHEREOF, this Agreement is executed~by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant "Owner/Applicant Date: 8$-o Y_t>4- S c-(.FAQ t-l~;S ~-~- ~-t.rr~9 P~z<-rxiG frs~c~~ / C - B y >> ~ >~-~ ~ ~ , Its ~.t-1-t~~~-o i~c~~ THE CITY OF CHULA VISTA, A California municipal corporation Approved as to form and legality this day of ~0 Bart Miesfeld, Ciry Attomey By: Deputy City Attorney ~-41 r^^C T. _C=.C'.cf? ,.,:. ,.>~~.':!"l. ^iis(' ^^. F-,^'~`.-^ `:.^n~."r,('a._~:~~^~y.`i ~~.,._~~tic~%:~^,:.(`.v ~iS~__ L- c. ~.~'c ^'~•-^i' State of Califcornia . County of ~3~- ~ ~ `~ `~ `~ , L ~ ~~ On b~~ before me, ~~`~~ `r `~M r ~ ~11~~~^>r~t.LC~A~ , Uate 1~ ~ ~ ~ " t I Hera Insert blame antl ; Itte of the Officer personally appeared ~ \ ~U~C 1,~. • ~ l 45~.~. Name(s) of Signer(s) iNARCIA J. NELSON Commission # 1747197 • `°" -, Motary. Public - Calftorn(a : San Diego Counfy ~ Ccmm. E~fresJun 23, 2071 who proved to me on the basis of satisfactory evidence to be the person(s) ~rJhose name(s) is/a~'subscribed to the 1.vithin instrument and ackno~n!ied,ed to me that he,/. ^'~, ~ - executed the same in his,!+~ ~~H~ir a~ithorized capacity(ies), and that by his/n ~".-~G I signature(s) on the instrument the person(s), or the erltity upon behalf of which the person(s) acted, executed `~e instrument. i cerfiry unr,'er PENALTY OF PERJURY under the taws of tl;e State of California that the for:;going paragraph is true and correct. WITNESS m,i h nd and official sea1l~ Signatur _ ,V_~~ -- Place flntary Seal Above /~ g-~ ~ r Signature i i ~io;ar;~ ?uhlir LJT" 1 ~~d Via p ..r._ _._ Ti7ough the %niJl'nlailOn bc'!OW !5 ROf rB,l!IIr~C~ vy laW, 11 rTa!i prOVe valuaols' tc persons relying on fna c'?cun7eru end COUId pf2VBf7f fre lJClLll2nl r81i726'al and 72%7!fachmBnt Of (r`f!S TGffTI {O agOfh 61" COCL477E!'i.. description of Attac;:e~d Bc7oi(meni Title or Type of Document: Uocumeni Date: Signer(s) Other Than Named Above: Capaoity(ies) Claimed by Signer(s) Number of Pages: Signer's Name:-_ Signer's Name: __- __ __ i ' Individual CJ Individual i_; Corporate Officer-Title(s): _ ^ Corporate Officer-Title(s): __. _._ ____ .=i Partner - i ~ i imitad CJ General - =a, rl~~:ll •~ ^ Partner - ~J Limited ^ Genera! qe,i :• i , y '. Attorney in Fact n';. ~ ~' ~.r'• r yr th mb Here ^ Attorr~ev in Fact a ' y;.~1 r mh here r u, [. Trustee ap u ~ -j •rUStee u i ion o C_i Guardian or Conservator u Guardiar: or Conservator _. O*.her:- G Other:..-_ _-_ ___. _ - I Signer Is Representing: __ __ _ _ Signer Is Representing: _ - - ~ - - - I ~~;~'L0~,7 Plational Plotary Assoriation • 3350 Ue Soto .4ue., P.O. Saz 2aC2 • ChatsworU•~. CA 913' 3-2402• www.NatitlnalNCtary.org Item ~590i Raon'e r. ~'~II t.ll-Free 1200-676-6827 2-42 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On ,before me, (name, title of officer, e.g., Jane Doe, Notary Puhlic) personally appeared ^ personally known to me -or- ^ proved to me on the hasis 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 of Notary) Capacity claimed by signer: (This section is OPTIONAL) ^ Individual ^ Corporate Officer(s): ^ Partner(s): ^ General ^ Limited ^ Subscribing Witness ^ Attorney-in-fact ^ Trustee(s) ^ Guardian/Conservator ^ Other: Signer is representing: (name of person(s) or entity(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE MUST Title or Type of Document: BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Number of Pages: Date of Document: Signer(s) Other than Named above 2-43 ~~H~~'~T LEGAL ©ESCRIPTION CITY OF C'HULA VISTA LOT 1 OF CHULA VISTA TRACT N0. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOODS R-24 AND R-25, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 15056, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 28, 2005. o~~ 0~~, L.S. 7349 EXP. 12/31 /09 ~V f~ CITY OF CHULA VISTA .~ PUBLIC WORKS DEPARTMENT to%v' 276 FOURTH AVENUE ~~ CHULnvISrA,ca,ststo JOS LU GOMEZ, P.L. .7 49 DATE ~iU0Ay05TA (sts)a7s-2301 LI N EXPIRES 12/3 I /1 A A J~ \Suive7\i'=rmlls ?Y 08-09\iessa-Le;c/ Oesc.dwq 03/x6/1009 J.~It20 ?M P57 EXHIBIT B Payment Schedule Agave Phase 13 (BR07-0450) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 5150 DIF Salt Creek Sewer 6000 Otay Ranch Res 8087 Village 11 Ped Bridge TOTALS Balance of Deferred Fees $ 45.00 $ 1.14 $ 46.14 $ 18,259.50 $ 463.79 $ 18,723.29 $ 1,666.00 $ 42.32 $ 1,708.32 $ 2,975.00 $ 75.57 $ 3,050.57 $ 8,786.40 $ 223.17 $ 9,009.57 $ 3,724.00 $ 94.59 $ 3,818.59 $ 16,296.00 $ 413.92 $ 16,709.92 $ 11,837.00 $ 300.66 $ 12,137.66 $ 2,366.00 $ 60.10 $ 2,426.10 $ 9,891.00 $ 251.23 $ 10,142.23 $ 6,258.00 $ 158.95 $ 6,416.95 $ 7,504.00 $ 190.60 $ 7,694.60 $ 337.00 $ 8.56 $ 345.56 $ 6,982.50 $ 177.36 $ 7,159.86 $ 182.63 $ 4.64 $ 187.27 $. 10,570.00 $ 268.48 $ 10,838.48 $ 107,680.03 $ 2,735.07 $ 110,415.10 2.54% Balance Due Interest" Finallnspection Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 2-45 City of Chula Vista Exhibit "C" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the City of Chula Vsta, Document No. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfed as pertaining to: COUNTY ASSESSOR'S PARCEL NO. _ UNIT(s) LOT(s) Dated: OR MAP City of Chula Vsta ey: State of California County of San Diego On before me, 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) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 2-46 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL O" Dated: Lien and Development Impact Fee Payment Plan Program Agreement between Shea Homes Limited Partnership and the City of Chula Vista for Clover Phase 6 2-47 City Attorney RECORDING REQUESTED BY, AND WHEN RECORDED MA1L TO: CITY OF CHULA VISTA A[m: No transfer tax is due az this is a conveyance to a public agency of less than a fee interest for which no cash consideration haz betn paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT~PLAN PROGRAM AGREEMENT ("Agreement"), dated 20_~ For reference only and executed on the date on which the last pally signs, by and between Shea Homes Limited Parmershib ("Owner), and the CTTY OF CHULA VISTA, a Califomia municipal corporation and charter city ("City") with reference to the following face: ' A. Owner is the owner of that certain real property in the City Of Chula Vista, County of San Diego, State of Califomia, more particularly described on Exhibit "A" attached ("Propertyj'). B. On December 12.2006 the City Council of the City approved Resolution # 2006-362. Lot 9 of Otav Ranch Villaee 1 ( Neiehborhood R-18 of Final Man Number 15609 also known as Clover Phase 6 (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permiu, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development, and Califomia Government Code Szctions 66000 et. seq ["Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due and payable [o the Ciry in accordance with [he City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the Ciry has the authority to defer Fees for I? months from the permit issuance with an option to extend for an additional 12 months, a[ the sole discretion of the Ciry Manager or his/her designee, or until [he call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F The City has found that the Fees are no[ immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to [he City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and [he deferral of Fees for the Project would not jeopardize [he public health, safzry, and welfare. G. Ord. Ne. 3120 requires Owner to execute a conuact with the Ciry, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months trom the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager orhis/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS. 1. Ownec agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAIVES AND RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of [he Fees far l2 months from the permit issuance with an option to e:ctend for an additional I2 months, a[ the sole discretion of the Ciry Manager orhis/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferta( Period"). 3. Interest shall accrue at the Califomia State Local Agency Investment Fund (LATE) Apportionment Rate in effect on the date of the execution of this Agreement through the end of the Deferzal Period until paid ("Accrued Interest"). 4. Owner do behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferring title or acquiring inrerest in or m any part of the Project or Property ("Successors"), 2-48 agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral Period ends. ' 5. Owner agrees that if it fails to paythe Fees and Accmed Interest in full prior [he end of the Deferral Period, City shall withhold the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued (merest is made in full. 6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without fimidng the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the Ciry in the Of£cial Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accmed interest binding upon and running with the Property. If the Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions under this Agreement relating to the Property or pottion of the Property or Project being acquired. 8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within ten (I O) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standard form, approved by the City Attomey, releasing the burden of this Agreement from the title to the Property. Failure of the City to execute the Release of Lien within ten (l0) business days of payment of the Fees and Accmed Interest shall not be deemed a breach of this Agreement, provided Ciry makes iu best efforts to execute the Release of Lien within a reasonable time thereafter. 9 The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien. 10. Each signatory [o this Agreement represents, wartants, and cettifies [hat he/she has the authority [o enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees [hey represent (collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. [N WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant "Owner/Applicant ' Date: O ~i - 0 J"' . o ~[., ~-[. ~ 4 Ko°~'4-5 C.. ~rT'L.n ASK r P By Its /~~rz.trSZ=c L=-~ /-'~i~~'e Date: THE CITY OF CHULA VISTA, A California municipal corporation Approved as to form and legality this day of 20 Bart Miesfeld, Ciry Attomey Deputy City Attomey 2-49 . - :,i'z+ r rxY..~._; .. ~~.....:_~ '..', c -,~ < c•< -y ... ~. .. a. ,r -t ter.. .t .r- K.c `.; i Y,tr~~.1.. State of California Coun`tfy\ onf, _ `~~`c~~lQ~ShO 1( '('` ,, , ,; n n On ~~_~. ~cft before me, Y~V ~L~-~i%~ ~ V \~~ r Y `''••~~ ~~fG , Oata ~1 sere insert Name zntl ~irrue of the GtliceV r! { ~ r , ~~t . 1 personally appeared MARCIA J. NELSON Commission # 7 747197 "m ~. Notary Public - Calltornla ~ '' San Diego County ® Comm. IresJun23,2011 +r~ho proved to me on the basis of satisfactory evidence tc be the persons} whose rame(s} isi~'subscribed to the within instrurnert and ackna;dlec':~.aed to me thai he,'sh~~' , ~ executed the same in hisrl ':,_i, authrrized capacity(iesi, and that by his/~ ~-~~!~:, signature(s) on the instrument the person(s}, or The entity upon beiiaif o? which the person(s) acted, execu±ed the instrument. certiry under PEhdAf_T`r OF PERDU ;~ under the laws of the State of Caiifornia that the fore:Joing paragraph is true aria corre:;t. VViTPJESS m' i-r;nra and t-.'IYicia! seal. ~ILrrat l.ir. ._._,__ _ Flare ~~lorary Seal ALc~2 ~ 3,na:ore i•'msr; ~~%iy~~~ ~/ ~-r' ___- ~n^vLIGr`t :'rle InTJI7Ila Eton i)@I04V i5 npt '@QL:l; B(j G',/ 189% lI i"112 v'rf 0:~8 V3/Uai%l3 i0 JlBIuORS i"Bh~!ny' Gr. ir'lii C..JUF1E!7! and could preveni f,~audulent r_-moval and reaKachi7~ant of d^.i~ ~o; rn ro arorher JrcumE'n;. T3escri~tian of ~1Yta~had 93ocument Title arType of Document: Document Date: Signer(s) Other Than Named Above: Capaeiiy(ies) Claisneci by Signer(s1 _ Number of Pages: Signer's Name:_ _ Signer's ~ia!7te: ___ ._-_.____.___ I_1 Individual ^ individl;al C:' Corporate Officer-Title(s): ^ Corporate Offcer-Title(s?: ___-- ...______ _.-_.___ _.i Partner - C7 Limited ^ General ^ Partner -- G I_imi:ed ^ Genara! t At o F °- ; ~ I~"~-=s F Cl Ait ~ r~"~-~ _ , ~5 rney in ac t '"o'~ acr orne~•i r i L_~ Trustee Top cf thumb her,,. , ; LI Trustee ? ?rq ~ of [huml-~ I'u~re ,.., Guardian or Conservator ~ ~~ Guardien or %'orlsen:ata- L.:~ Other: - -- ^ Other:.-_-- - ---_- .._. I Signer Is Reoresenting: Signer Is Representing: _ I ~ --------- -- -- I _ ! -- - r.~.~ Z :a:'r.-`_ ~~'~__' .~-7- ~-~~-r~~ >-.coo. C., c_ .~i. v : ice,-- :C _'. Cbu ..., _ ,-' _ _ ~ v ~-<•'= 52007 National i lotarry Asociation • 9350 Oe Sot6 Ave ., P.O. Box 2a02 •Chatsworth, C A 91373-7.402 • ww~rc.NatWnalNOtary.org Item ;k59U7 Ree e'!c:: Call?olI-Free t-EOU-H7f-6D27 2-50 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On ,before me, personally appeared (name, title of officer, e.g., Jane Doe, ^ 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 20 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 of Notary) Capacity claimed by signer: ^ Individual ^ Corporate Officer(s): ^ Partner(s): ^ General ^ Subscribing Witness ^ Attorney-in-fact Q Trustee(s) ^ Guardian/Conservator ^ Other. Signer is representing: (This section is OPTIONAL) ^ Limited (name of person(s) or enGty(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE Ml1ST Title or Type of Document: BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Number of Pages: Date of Document: Signer(s) Other than Named above 2-51 '~h91Pl~` ~ _. LEGAL DESCRIPTION CITY OF CHULA VISTA LOT 1 OF CHULA VISTA TRACT N0. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOOD R-18, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 15509, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JANUARY 29, 2007. ~~~~~ CITY OF CHU(.A VISTA °°~ - ^° PUBLIC WORKS DEPARTb1ENT ~ 2C~ ` 276 FOURTH AVENUE ~ pTM ~ CHULA VISTA, CA 91910 JOS'c IS GOMEZ, P.L. . 7 49 DATE ~U~V~~ (619) 476-2301 LI¢EN,SE EXPIRES 12/311 t~ ~S~ivey~~i'mits PY 08-091 Tessa-Cegol ~esc.dwq 01/06/2005 1.~ItdO PM PSI EXHIBIT" B Payment Schedule Clover Phase 6 (BR08-0037 thru BROS-0038) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 5150 Salt Creek Sewer DIF 600 Otay Ranch Res 8087 ~Ilage 11 Ped Bridge 2.54% Balance of Balance Due @ Deferred Fees Interest' Final Inspection $ 90.00 $ 2.29 $ 92.29 $ 20,868.00 $ 530.05 $ 21,398.05 $ 1,904.00 $ 48.36 $ 1,952.36 $ 2,400.00 $ 60.96 $ 2,460.96 $ 10,041.60 $ '255.06 $ 10,296.66 $ 4,256.00 $ 108.10 $ 4,364.10 $ 1,464.00 $ 37.1'9 $' 1,501.19 $ 592.00 $ 15.04 $ 607.04 $ 120.00 $ 3.05 $ 123.05 $ 4,176.00 $ 106.07 $ 4,282.07 $ 7,152.00 $ 181.66 $ 7,333.66 $ 8,576.00 $ 217.83 $ 8,793.83 $ 548.00 $ 13.92 $ 561.92 $ 7,980.00 $ 202.69 $ 8,182.69 $ 208.72 $ 5.30 $ 214.02 $ 12,080.00 $ 306.83 $ 12,386.83 $ 82,456.32 $ 2,094.39 $ 84,550.71 Interest Rate at 2.54% CA State Local Agency Investment Fund (IAIF) Quarter Ending 12/31/08 Apportionment Rate 2-53 City of Chula Vista Exhibit "C" Recorded at the request of: When recorded; mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the Ciry of Chula Vista, Document No. ,far the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. _ UNIT(s) LOT(s) Dated: State of California County of San Diego OR MAP City of Chula Vsta ey: On before me, 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) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 2-54 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY -r-u~ ~r-rv ~nr rnr~rr Dated: '3' Lien and Development Impact Fee Payment Plan Program Agreement between Shea Homes Limited Partnership and the City of Chula Vista for Mosaic Phase 4 2-55 City Attorney RECORDLNG REQUESTED BY, AND WHEN RECORDED MAIL T0: CITY OF CHULA VISTA Atm: No transfer tax is due az this is a conveyance to a public agency of lass than a fee interest for which no cazh consideration hasbeen paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THISLIEN AND DEVELOPMENT IMPACT PEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated 20_~ for reference only and executed on [he date on which [he last party signs, by and between Shea Homes Limited Partnership ("Owner'), and the CITY OF CHULA VISTA, a Catifomia municipal corporation and charcer city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the Ciry Of Chula V ista, County of San Diego, State of Catifomia, more particularly described on Exhibit "A" attached ("Property"). B. On lulu 10 ~ 2006 the Citv Eneineer of [he Ciry approved Parcel 3 of Otav Ranch Villaee 7 Neiehborhood R-I B of Parcel Mao Number 30057, also (mown as Mosaic Phase 4 (the "Project"). ' C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development, and Catifomia Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges «lated to the Project, but not included in Exhibit "B", shall still be due and payable to [he City in accordance with the Ciry Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner [o pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance vnth an option to extend for an additional 12 months, at the sole discretion of the City Ivtanager or his/her designee, or until the call for final inspection far residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to the Ciry; payment of Fees is adequately secured through this Agreement and [he City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would notjeopardize the public health, safety, and welfare. G. Ord. No. 31 ZO requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Owner desire4o enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend far an additional l2 months, a[ the sale discretion of the City Manager or hisPoer designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS 1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAIVES AND RELEASES the Ciry from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional l2 months, at the sole discretion of [he City Manager or his/her designee, or until [he call for final inspection for residential development or issuance of certificate of occupancy for non-residential devetopmen~ whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the Catifomia State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accmed Interest"). 4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest in or to any part of the Projector Property ("Successors"), 2-56 agrees to pay the Fees and Accmed Interest with a certified check prior to or concurrent with the date on which the Deferral Period ands. 5. Owner agrees that if it fails to pay the Fees and Accrued interest in full prior the end of the Deferral Period, City shall withhold the final inspection or issuance ofcertificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in full. 6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the Ciry in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accmed Interest binding upon and running with the Property. If the Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of [he obligations, covenants, or conditions under this Agreement relating to the Property or portion of thz Property or Project being acquired. 8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest, Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standard fomt, approved by the Ciry Attomey, releasing the burden of this Agreement from ffie title m the Property. Failure of the Ciry [o execute the Release of Lien within ten~(10) business days of payment of the Fees and Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of Lien within a reasonable time thereafter. 9 The Owner agrees and is obligated [o pay all costs associated with the recording of the Agreement and Release of Lien. 10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constitutz an obligation of the Applicanu. LN WITNESS WHEREOF, this Agreement is executed by the CffY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and 6y dte Owner/Applicant. "Owner/Applicant Date: o Z . o ~, ~ , s r-e~- K~~S t~ ~ r~ l~t~t-~=cun ~r By Icy ,C~c,.t-Ko~ c~ Q. t~-C~-°~-~ THE CITY OF CHULA VISTA, A California municipal corporntion ey Is Approved as to form and legality this day of 20 Bart Miesfeld, City Attomey By: Deputy Ciry Attomey 2-57 -,E`.GY`.N'h'C^_. rC.c'CnC.~.K'~^c. ^C.cif,~l",ct,"..:,tr;.S".c;/",.., vt1 4r~f_~K`~':_;Y-Sf`.c~6' n:,M.f'~'~CK."~`~~`c:Ch.. r^C;i''~C ....+ae`.irC?.c:f';R ^.C.z~^.c:..c^.C=4 State of California County of ,. On M A ~ ~1 S '?_~~ before me, ~~ s~~ J ~~C.~YYYt11 -1 t}~P.~rV 'DcJ ~~a,~ Date Hare Insurt Namoany'Titla of tna OfLCar ""' r ~ r , r .. personally appeared who proved to me an the basis of satisfactory evidence to be the erso (s) whos am Is re sii6scribed to-the w In Instrurrtent anti nowledged to me. that /they executed the s me in i~ter/their authorized apaci ies} and that 6 hi er/the~ signatur (s) on the instrument the erso (s), or the entity upon behalr' of which the erso s) acted, executed the instrument, ! certify under PENALTY OF PEAJUAY .under the laws of'the State of California that the foregoing paragraph is true and correct. V1!lTNESS my h d and offi" "at se L Signature ~ - F'lace Nolary Seal Above ~ ~ Sk~natum of otary Public O,~T701VAL Though the information below is not required by law, it may prove valuable to persons. relying on the document and could prevcrtt fraudulent removal and reattachment of this form fo aitother document. Description of Attached Document Title or Type of Document: Document Date: Signer(s). Other7han Named Above: Capacity(ies) Claimed by Signers} Signer's'Name: G7 Individual ~ Corporate Officer-Title(s): Partner - U Limited i~' General - ._ • . LI 'Attorney in Fact ' Cl Trustee rap or mt,mFi f+ere C:7 Guardian or Conservator i=1 Other: Signer Is Representing: Number'of Pages: Signer's Name: E7 Iniiividual' D Corporate Officer-Title(sj: f] Partner - ~ Limited ^ General _.. ^ Attorney In Fact •' ^'Trustee - "top of mumq'rx:}v U'Guardian'or Conservator rJ Other: _ ;- Signer Is:Representiny: Z~~s~',~.'^z::~z-~~;L`.~_~r:~i.C>T`TV`Zw~c,."~~C:~-~•.°"L,'•,L`Z?°~.•L.~'<Z..`t?,~v°-G. ~`<.n3L:z}v:c.•zs;~.'•^~~.'l:-?Y.~'~..`c~'ar-.~'~"Z;^-X 0.'i2007 National Notary AS:cciauon•93>O Da SoIO AVe., P,O.IIax ?402 •Chatsunnh: CA-91313-2~P2`rivni.NallCrcalNOlaryorgP ltem'1159W Peoiifer. G~ILTOHFroe 1-fl(N-E3766B27 2-58 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On ,before me, (name, title of officer, e.g., lane Doe, Notary Public) 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 of Notary) Capacity claimed by signer: ^ Signer is representing: (This section is OPTIONAL) ^ General ^ Limited (name of person(s) or Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above Individual Corporate Officer(s): Partner(s): Subscribing Witness Attorney-in-fact Trustee(s) Guardian/Conservator Other: 2-59 LEGAL DESCRIPTIOPI CITY OF CHULA VISTA PARCEL 2 OF PARCEL MAP N0. 20057, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 17, 2006. mauls L.S. 7349 ,a EXP. 12/31/09 ~~1~~ CITY OF CHULA VISTA ~ /' / °°^ ^' PUBLIC WORKS DEPARTMENT ,'~ 276 FOURTH AVENUE CHULA VISTA, CA 91910 JOS L IS GOMEZ, P. ~ ~~~ (fi19) 476-2301 LICC~N~'E EXPIRES 12/ n rn FY G2-G9\7?ra-C°gal 0^sc.dwg GJ/G6/2GG9 L3/ZG70/ :. DATE - J: 11: 7G PM PSI EXHIBIT B Payment Schedule Mosaic Phase 4 (BR08-0069) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 6000 Otay Ranch Res Balance of Deferred Fees $ 45.00 $ 1.14 $ 46.14 $ 26,085.00 $ 662.56 $ 26,747.56 $ 248.00 $ 6.30 $ 254.30 $ 3,575.00 $ 90.81 $ 3,665.81 $ 12,552.00 $ 318.82 $ 12,870.82 $ 5,320.00 $ 135.13 $ 5,455.13 $ 7,940.00 $ 201.68 $ 8,141.68 $ 8,940.00 $ 227.08 $ 9,167.08 $ 10,720.00 $ 272.29 $ 10,992.29 $ 484.00 $ 12.29 $ 496.29 $ 260.90 $ 6.63 $ 267.53 $ 76,169.90 $ 1, 934.72 $ 78,104.62 2.54% Balance Due Interest' Finallnspection Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 2-61 City of Chula Vista Exhibit "C" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impad Fees due under Condition of the Agreement between and the City of Chula Vista, Document No. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. _ UNIT(s) LOT(s) Dated: State of California County of San Diego OR MAP ey: City of Chula Vista On before me, 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) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 2-62 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEIv1ENT ("AGREEMENT") WITH CORNERSTONE COMMUNITIES FOR ANDORRA PHASE 7 AND PALMA AT ROLLING HILLS RANCH MODEL UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH TI-IE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, the City requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and WHEREAS, the payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects; and WHEREAS, in December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered; and WHEREAS, the City Council approved an Ordinance establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, in Andorra Phase 7, Cornerstone Communitites proposes to develop 21 total residential units named Andorra Phase 7 project in The Summit at Eastlake; and WHEREAS, for their Palma Models, Cornerstone Communities is proposing to develop 3 residential units named the Palma project in Rolling Hills Ranch; and WHEREAS, Cornerstone Communities, owns the property for Andorra Phase 7 and the Palma Model Units and agrees that they are responsible for all of the development impact fees owed for the projects. WHEREAS, Cornerstone Communities also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection; and WHEREAS, by executing this Agreement and placing a lien on the Property, the City is securing the payment of the deferred fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with Cornerstone Communities for Andorra Phase 7 and Palma at Rolling Hills Ranch Model Units and authorize the City Manager to execute the Agreement on behalf of the City. 2-63 BE IT FURTHER RESOLVED by the City Council of the City Of Chula Vista that the City Clerk is directed to record a lien and the Agreement with the County Recorder of the County of San Diego. Presented by Richard A. Hopkins Director of Public Works 2-64 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY Dated: 3 ~ f Lien and Development Impact Fee Payment Plan Program Agreement between Cornerstone Summit at Eastlake, L.P. and the City of Chula Vista for Andorra Phase 7 2-65 City Attorney RECORDING REQUESTED BY, AND WHEN RECORDED MAII- TO: CITY OF CHiJLA VISTA Arta: No nansfer tax is due a.+ this is a conveyance to a public agency of less titan a fee interest for which no cash consideration has been paid or received For Recorder's Use Only LIEN ANID IIEVELOPMENT IMPACT FEE PA~CIVIENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IIvIPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated IV~q ~~ h N 20~, for reference only and executed on the date on which the last party signs, by and between Comeistone Summit at Esastlake. L.P. ("Owne2'), and the CITY OF CHULA VISTA, a Califomia municipal corporation and charter city ("City") with reference to the following facts: A. Owner is [he owner of that certain real property in the City Of Chula Vista, County of San Diego, State of Califomia, more particularly described on Exhibit "A" attached ("Property"). B. On Mav 4, 2004 ,the Citv Council ofibe City approved Resolution ~ 20b3-143. Lot 32 and 34 of the Summit at Eastlake of Final Mao Number 14814, also known as .4ndotra Phase 7 (the "Project"). C. Owner has applied for a building petrnic(s) for the Project D. Upon the issuance of building penni[s, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related to laird development, and Califomia Government Code Sectiotu 66000 et. seq ("Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related [o the Project, but not included in Exhibit "B", shall still be due and payable to the City in accordance with [he Ciry Municipal Code. Omission of such additional fees and charges from Exhibit "`B" shall not be a waiver of the obligation of Owaei to pay such additional fees and charges. E. Pursuant to Ciry Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her desienee, or until the call for Final inspection for residential development or issuance of certificate of occupancy fur non-residential development, whichever is earlier. F. The City has Found that the Fees are not imtnedialely needed for public improvemenu required Yo serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and [he City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. Yo. 3120 requires Osmer to execute a contract with the City, prior to the issuance of building permits. in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option [o extend for an additional 12 months, at the sole discretion of the City Ylanager or hisPoer designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential developmen4 whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS' FOLLOWS: 1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAIVES AND RELEASES the City from any and all claims arising out of or related to this A, cement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the Ciry shall exclude auy and all claims arising out of or related W the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issvsnce with an option to tattend for an additional L months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of cenificate of occupancy for non-residential development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LATE') Apportionment Rate in effect on the dare of [he execution oC this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). ' 4. Owner on behalf of iuelf and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest in or to any part of dre Pmject or Property ("Successors"), 2-66 sgrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral Period ends. 5. Owner agrees that if it fails to pay the Fees and Accrued Interest in fult prior the end of the Deferral Period City steal] withhold the £mal inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made is full. 6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting [he foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B". ~. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien.for the Fees and Accrued Interest binding upon and ramming with the Property. If the Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations, covenanu, or conditions under this Agreement relaring to the Property or portion of the Property or Project being acquired. 8. The burden of this Agreement steal] be released from the title to the Property upon the payment of Fees and Accrued Interest. Within ten (10) business days foliowing the payment of the Fees and Accrued Interest, the City shall execute a "Release of Lien" (Exhtbit "C"), which shall be in standard form, approved by the City Attomey, releasing the burden of this Agreement from the title to the Property. Failure of the City m execute the Release of Lien within ten (10) business days of payment of the Fees and Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of Lien within a reasonable time thereafter. 9, The Owner agrees and is obligated to pay sll cosu associated with the recording of the Agreement and Release of Lien. 30. Exch signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of dte Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively `:Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WITPIESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant. ~""'O' "Owner/Applicant Date: ~ -~ Cutirr-ers~or,r 5~~t>7,~t ~7Eu6f(~~c.p. Date: THE CITY OF CHULA VISTA, A California municipal corporation By Approved as [o form and legality this day of , ~0 Bart Miesfeld, City Attomey Deputy City Attorney 2-67 City of Chula Vista Exhibit "A" Property Description (Legal Description) LOTS 31 THRU 34 OF MAP NO.. 14814, 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, RECORDED ON MAY 27, 2004 AS FILE NO. 2004-0493167 OF OFFICIAL RECORDS. 2-68 EXHIBIT B Payment Schedule Andorra Phase 7 (BR07-0513 thru BR07-0533) Account Description 1600 Sewer Administrative Fee 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4500 DIF Library 4600 DIF Fire 2.54% Balance of Balance Due @ Deferred Fees Interest' Final Inspection $ 945.00 $ 24.00 $ 969.00 $ 430.50 $ 10.93 $ 441.43 $ 11,100.00 $ 281.94 $ 11,381.94 $ 14,490.00 $ 368.05 $ 14,858.05 $ 8,694.00 $ 220.83 $ 8,914.83 $ 11,046.00 $ 280.57 $ 11,326.57 $ 12,327.00 $ 313.11 $ .12,640.11 $ 4,263.00 $ 108.28 $ 4,37128 $ 5,439.00 $ 138.15 $ 5,577.15 $ 68,734.50 $ 1,745.86 $ 70,480.36 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 2-69 City of Chula Visfa Exhibit "C" Recorded at the request of: When recorded, mail tc: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the City of Chula Vista, Document No. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. _ UNIT(s) LOT(s) Dated: By: State of California County of San Diego City of Chula Vista On before me, 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 helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument. WITNESS my hand and offidal seal Notary Public in and for said County and State (Seal) OR MAP 2-70 State of California Count~y]of /~,~d/YY 5'~/~ ~ ~ ~ , / ~~ On!'/~C1'1 /, ~GU~ before me, ~J v ~/V/~~ ~///r5 ~~ / f' ^f~~/~~ ~~l/L Date ~~~ ~ ~/~ / ~ ~ Insert Nam~antl Ttle'of the Officer personally appeared ~~//~ ~~ ~ , , Z who proved to me on the basis of satisfactory evidence to be the person( whose name(`~i~~e. subscribed to the within instrument and acknowledged to me that ~~/they, executed the same it hi /their authorized capacity(ie~, and that bY"fil~/their signature(~,on the JO ANNA ELLISON instrument the persort(~, or the entity upon behalf of • commission ~ teaobo2 which the person( acted, executed the instrument. • -®~ Notary Public - California ~ son Diego county I certi under PENALTY OF PERJURY under the laws My Comm. Fxpres Feb 22, 2010 of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. ' Signature ~~~ ~~~ Place Notary Seal Above /~ p ~ q / Signature of Notary Public ~r ~~oItlFYL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttachedfD,ocument Title or Type of Document:~``~ /~ C i~~J f Document Date: ~QT 7~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual n2i!~~ _ Corporate Officer -Title(s): ~a~!V~~~ ^ Partner - ^ Limited ^ General _ ^ Attorney in Fact. '- ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: erne ~tJ _ Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner-^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ••~ ° r Top of thumb here ®2007 National Notary Association • 9350 Ge Soto Ave., P.O.aox 2402 • Chatsworth, CA 91313-2402 • www.NatienalNOtaryorg Item #5907 Reerder.Call Toll-Free 1-800-876-fie27 2-71 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FOR.1V1 BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL-~ ' ark C. Miesfeld City Attorney Dated: r Lien and Development Impact Fee Payment Plan Program Agreement between Estancia Southwest, LLC and the City of Chula Vista for Palma Models 2-72 RECORDING REQUESTED BY, AND WHEN RECORDED MAII. TO: CITY OF CHULA VISTA Atm: No transfer tax is due as this is s conveyance to a public agency of less than a fee interest For which no cash consideration haz been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLA.l~i PROGRAM AGREEMENT THIS LIEN AND DEVELOPME~lT' IIvIpACT FEE P.AYME; IT PLA:~I PROGRAI~t AGREEMENT ("Agreement"), dated ~g.Y~~-. 200_, for reference only and executed on the date on which the lase patty signs, by and between Estancia Southwest LLC ("OwneF~, and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that cemin real properly in the Ciry Of Chula Vista, County of San Diego, State of Califomia, more particularly described on Exhibit "A" attached ('Property"). B. On Mav 17 200 ~ the City Council of the Ciry approved Resolution = 200-1 i8. Lou 1. 2. and 5 of the Rollin Hills Ranch Subarea llI NeiEhborhood l0A of Final Man Number 15024, also known as Palma Models (the "Project"). C. Owner has applied for a building permit(s) for the Project D. Upon the issuance of building pcmtits, certain fees are due and payable pursuant to City's Mmticipal Code, non-codified ordinances related to land development, and Califomia Government Cade Sections 66000 et seq ["Fees"]. The Eees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included m Exhibit'"B", shall still be due and payable to the Ciry in accordance with [he Ciry Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner [o pay such additional fees and charges. E. Pursuant to Ciry Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development viral to the City; payment of Fees is adequately secured through this. Agreemrnt and the City's right to withhold final inspection or certifca~e oCoccupancy until Fees are paid; and the deterral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permiu, in ordec to defer the payment of the Fees. H. Ciry and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for an additional L? months, at the sole discretion of the Ciry Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant w al] the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAi VES AND RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 1Z months from dte permit issuance with an option to extend for an additional l2 months, at the sole discretion of the City b(anager or hisfner designee, or until the call for final inspection for residential development or issuance of cerdfica~e of occupancy For non-residential development, whichever is earlier ("Deferral Period"). 3. Ia[e: est shall accme at the Califomia State Local Agency Investment Fund (LATE) Apportionment Rate is effect on the date of the execution of this A, cement through the end of the Deferral Period until paid ("Acctned Interest"). 2-73 4. Owner on behalf of iuelf and us successors in interest, wbetlier by inheritance, gift, beques4 devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest m or to any part of [he Project or Property ("Successors', agrees to pay the Fees and Accrued Interest with a certified check prior to ar concurrent with the date on which the Deferral Period ends. 5. Owner agrees that if it fails to pay the Fees and~Accmed Interest in full prior the end of the Deferral Period, City shall withhold the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interact is [Wade in full. 6. All other tights of dte parties shall remain unchsaged, as if the Fees were paid at the time of permit issuance. Without limiting [he foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the City in the Official Records of the Cotmry of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accreted Interest binding upon and running with the Property. If the Owner sells or transf is the Propery or any portion of tha Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions undez this Agreement reladag to the Property or portion of the Property or Project being acquired. 8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within tea (10) business days following the payment of the Fees and Acrnted Interest, the Ciry shall execute a `Release of Liea" (Exhibit "C"), which shall be in standard fom, approved by the Ciry Attorney, releasing the burden of this Agreement from the title to the Property. Failure of the Ciry to axecute [he Release of Lien within ten (10) business days of payment of the Fees and Accreted Interest shall not be deemed a breach of this Agreement, provided Ciry makes irs best effons to execute the Release of Lien within a reasonable tune thereafrer. 9. The Owner agrees and is obligated [o pay all costs associated with the recording of dte Agreement and Release of Lien. S 0. Each signatory to this Agreement represents, warrants, and certifies drat he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "AppGcaats") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WITNESS WHEREOF, this Agreement is executed by rite CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant "Owner/Applicaru E5 H~~is 5,...~t ~.~,~ , ~.L~ ~" ~ V ~ CZ.~rSt~i~~.Y' Date: THE CITY OF CHULA VISTA, A California municipal corpom[ion Approved as to form and legality this day of , 00 Bart Miesfeld, City Attorney sy: Deputy Ciry Attorney 2-74 City of Chula Vista Exhibit "A" Property Description (Legal .Description) LOTS 1, 2 AND 5 OF CHULA VISTA TRACT NO. 92-024, ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 10A, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15024, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 1, 2005 2-75 EXHIBIT B Payment Schedule Palma Models (BROS-0073 thru BR08-0075) Account Description 1465 Const ~ Demo Deposit 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3} 4000 DIF Transportation 4100 DIF.Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 2.54% Balance of Balance Due @ Deferred Fees Interest* Final Inspection $ 6,767.73 $ 171.90 $ 6,939.63 $ 135.00 $ 3.43 $ 138.43 $ 10,434.00 $ 265.02 .$ 10,699.02 $ 61.50 $ 1.56 $ 63.06 $ 2,125.00 $ 53.98 $ 2,178.98 $ 3,537.00 $ 89.84 $ 3,626.84 $ 1,689.00 $ 42.90 $ 1,731.90 $ 7,374.00 $ 187.30 $ 7,561.30 $ 4,695.00 $ 119.25 $ 4,814.25 $ 1,263.00 $ 32.08 $ 1,295.08 $ 4,239.00 $ 107.67 $ 4,346.67 $ 3,729.00 $ 94.72 $ 3,823.72 $ 3,216.00 $ 81.69 $ 3,297.69 $ 49,265.23 $ 1,251.34 $ 50,516.57 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 2-76 City of Chula Vista Exhibit "C" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the City of Chula Vista, Document No. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. _ UNIT(s) LOT(s) Dated: City of Chula Vista By: -State of California ) County of San Diego ) On before me, 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/herltheir authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) OR MAP 2-7~ CAL@F®R~~A ALL-P~RP®5~ ACKP9®lA/LE®G9l~~NT State of California~"' /~ County of `.S^~J~l/ U/~GI ~ - ` ~~i On f'~~r~rL Za0 before me, ~~ ~/f//j~~ ~/'(Si~J11 ~~~/~~~/~ C Oate Here Insert Name antl Ttle of the Officer personally appeared ~~~~ .~~ %~~ who proved to me on the basis of satisfactory evidence to be the person'(s) whose name( is ar'~subscribed to the within instrument and acknowledged to me that Lhe~iTe~(th~ executed the same in ~I herJth~if authorized JO ANNA ELLISON capacity, and that b hi /h~rlth~il' signature(s~ on the commissfon # tsaoaoz instrument the person, or the entity upon behalf of . -® Notary Pubflc - CallfomFa ~ which the person( acted, executed the instrument. San Diego County - . My Comm.EzplresFeb22,2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal ~~~~ Signatur ~~`~~~ Place Notary Seal Ahova -p• p~ ~1 / Signature of No ary Public ®~I ~®1Y69L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of ,4ttached Document Title or Type of Document: Document Date: ~~ L-~ ~ ~0 Di Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ' ~~~ 'JA~'~~ ~6`''~c ' Signer s Name: Signer s Name: ^ Individual ' ~'~ ^ Individual Corporate Officer -Title(s): ~ ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ ^ Partner - ^ Limited ^ General _ , _ ^ Attorney in Fact a ^ Attorney in Fact ~ ~ y- L TfUStee Top of thumb here ^ Trustee Top of thumb here ^ Guardian or Conservator - --=_ _ ^ Guardian or Conservator ^ Other: <=~=~~= ~~ -. ^ Other: Signer Is Representing: ~ ~~ `"~ Signer Is Representing: `. , .. "_ T - ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.Na6onalNotary.org Item 55907 Reorder: Call Toll-Free 1-600-876-6827 2-7H CITY COUNCIL A S E (®1 D A S TAT E Il~1 E N T CITY OF CHULA VISTA MARCH 17, 2009 , Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVNG THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING THE THIRD AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND MCMILLIN OTAY RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER PROJECT SUBMITTED BY: DEPUTY CIT MANAGER /DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES ~ r0 BACKGROUND The Eastern Urban Center (EUC) is a large and complex project in the Otay Ranch requiring the attention of senior-level staff and uniquely qualified consultants. Mr. Lettieri has been working on the EiJC since 2005, and the project is nearing completion. The proposed contract amendment will extend the contract to take the project entitlement processing through completion of the Environmental Impact Report, Sectional Planning Area Plan and public hearings. 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 it involves only approval of a contract amendment for professional services; 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 City Council approve the resolution. 3-1 MARCH 17, 2009, Item Page 2 of 3 BOARDS/COMNIISSION RECOivlvi IEiYDATION Not applicable. DISCUSSION Background The EUC project is intended to provide a unique functional and symbolic center for Otay Ranch. The complexity of this important urban project necessitates assigning the EUC. project to a uniquely qualified, very experienced, project manager. McMillin Otay Ranch, LLC, (Applicant) and primary developer of the EUC, agreed to fund a dedicated position to.process their entitlement applications for this project. In May, 2005, Anthony J. Lettieri, FAICP entered athree-party agreement with the City and Applicant to function as an extension of City staff to provide project management and process the entitlements for the EUC. Mr. Lettieri was chosen for his prior work on the EUC when he was a member of City staff, for his knowledge of Otay Ranch and experience on other complex projects. In May 2006, the City Council approved Resolution 2006-151 granting a first amendment to Mr. Lettieri's contract that extended the expiration date of the contract and amended the Authorization Limit. In December 2007 the City Council approved Resolution 2007-298 granting a second amendment that again extended the expiration date of the contract and increased the Authorization Limit. The Eastern Urban Center Sectional Planning Area Plan (EUC SPA) was originally submitted in April of 2006 and it was anticipated that the project would be ready for consideration by the Planning Commission and City Council in the Fall of 2007. Project redesigns by the Applicant and other unforeseen circumstances have lengthened the entitlement process. The Applicant and staff continue to make progress on the project. The City Council has been briefed on the project on two separate occasions, the most recent being a presentation on the EUC consistency with the General Plan Framework Strategy on May 1, 2007. In June 2007, the .Applicant requested that staff curtail most of the planning review on the project while they revised the orientation of Main Street. The zevised project was then resubmitted in December 2007. With the state of the economy making the project entitlements uncertain, McMillin asked staff to stop processing the project in October" 2008 and then resumed processing in December 2008 once both parties agreed to a new focused direction. Based on this new direction, staff is anticipating that the SPA Plan and related documents will be ready for your consideration in June of 2009. Mr. Lettieri's cturent contract expired on December 31; 2008, and needs an extension of time, and additional funding, to complete the entitlement process. The proposed, third amendment extends the expiration date of the contract to December 31, 2009 and adds another $100,000 to the contract to cover Mr. Lettieri's time through December 2009. 3-2 MARCH 17, 2009, Item .~ Page 3 of 3 Consultant Selection Process Staff recommends Council waive the formal bid process and amend the, existing contract for the services of Mr. Lettieri. The complex nature of this signature project in Chula Vista requires asenior-level planner with applicable experience, i~Ir. Lettieri has 38 years of planning experience working on complex, large projects throughout San Diego County, including Chula Vista. He was also the past project manager for the Otay Ranch Development Plan and is familiar with the plans and policies of the Otay Ranch, and the EUC. In the past, Mr. Lettieri has worked as an employee of the City, and as an extension of staff on a contract basis and is familiar with City regulations and policies. Mr. Lettieri has managed this project for the past three years and is best suited to continue in.that capacity without delay due to an understanding of the project and the. process: Consequently, the competitive bidding process requirements would be impractical in this case and the City's interests would be best served by waiving these requirements and amending Mr. Lettieri's contract. 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 subject to this action. FISCAL IMPACT There is no impact to the General Fund. The original contract was for up to $50,000, the first amendment was for up to $180,000, the second amendment was for up to $120,000, and the third amendment is for up to $100,000. All funding comes from developer deposits. ATTACgIMENTS 1) Third Amendment 2) Second Amendment 3) First Amendment 4) Original Agreement Prepared by: Scott Donaghe, Senior Planner, Development Services Department 3-3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING THE THIRD AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY J. LETTIERI, FAICP, CONSULTANT, AiND MCMILLN OTAY RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER PROJECT WHEREAS, in May 2005, the City entered into an agreement with Anthony J. Lettieri, FAICP (Consultant) to work as an extension of staff and focus on developing an appropriate project for review in the Eastern Urban Center; and WHEREAS, on May 23, 2006 Council approved Resolution 2006-1 ~ 1 approving the first amendment to this agreement;. and WHEREAS, on December 18, 2007 Council approved Resolution 2007-298 approving the second amendment to this agreement; and WHEREAS, unforeseen issues and a redesign of the project have delayed the completion of entitlements; and WHEREAS, the three-party agreement, as. amended, does not have sufficient remaining funding or timeframe to complete said tasks; and WHEREAS, the complex nature of this signature project requires asenior-level planner with applicable experience; and WHEREAS, the Consultant is uniquely qualified with 3.8 years of planning experience working on complex, large projects throughout San Diego County, including working on the staff of the City as well as working on this specific project over the last three years; and WHEREAS, staff recommends waiving the formal bid process as impractical due to the complex nature of the project, and the Consultant's familiarity with the entitlement process as it applies to this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal consultant process. BE IT FURTHER RESOLVED that the City Council does hereby approve the third amendment to the three-party agreement with Anthony J. Lettieri, FAICP and McMillin Otay Ranch, LLC for consulting services on the Eastern Urban Center Project. 3-4 Presented by Gary Halbert, P.E., AICP Deputy City Manager /Development Services Director Approved as to form by ' F . ~ ' ie Attorney 3-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Bart C. iesfeld City Attorney Dated: '' ~ ~ ~ ~ ~ Third Amendment to the Three Party Agreement Between the City of Chula Vista, Anthony J. Lettieri FAICP, and McMillin Otay Ranch, LLC, for Eastern Urban Center Project 3-6 THIRD AI~tENDMENT To. the Three Party Agreement Between the City of Chula Vista, Anthony J. Lettieri FAICP, Consultant; and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered With Regard to the Applicant's Eastern Urban.Center Project Recitals This Third Amendment is effective as of January 1, 2009 by and between the City of Chula Vista ("City"), Anthony J. Lettieri FAICP ("Consultant") and McMillin Otay Ranch, LLC ("Applicant"), with reference to the following facts: ' WHEREAS, City, Consultant and Applicant previously entered into an agreement on May 10, 2005 whereby Consultant was to review and process the application by Applicant fora Sectional Planning Area Plan and one or more Tentative Map applications for the Eastern Urban Center ("Original Agreement"); and WHEREAS, City, Consultant and Applicant subsequently entered into a First Amendment on May 1, 2006, whereby Consultant was to continue to review and process the application by the Applicant for a Sectional Planning Area Plan and one or more Tentative Map applications for the Eastem Urban Center ("First Amendment"); and WHEREAS, City, Consultant and Applicant subsequently entered into a Second Amendment on December 18, 2007, whereby Consultant was to continue to review and process the application by the Applicant for a Sectional Planning Area Plan and one or more Tentative Map applications for the Eastern Urban Center ("Second Amendmen"); and WHEREAS, Consultant estimates an effort of approximately 20 hours a week dedicated on this project for the next twelve months to complete the entitlement process; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Community Planning Section staff on this project over the Last three years and working on this project while in the employ of the City; and - WHEREAS, all work performed by the consultant has been performed to the satisfaction of the City's Director of Planning and Building. NOW, THEREFORE, iri consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree to amend the Original Agreement as follows: 3' 7 1. Exhibit A, Section 7, entitled Date of Completion for all Consultant Services, is hereby amended to read as follows: December 31.2009 2. Exhibit C, entitled Compensation Schedule and Deposit, Limitation without Further Authorization on Time and Materials Arrangement,, is hereby amended to add the following paragraph: "At such time as Consultant shall have incurred time and materials equal to 100 000 ("Authorization Limit") from January 1, 2009 through December 31, 2009, Consultant shall not be entitled to any additional compensation .without further authorization issued in writing and approved by the City Council. Nothing herein shall preclude Consultant from providing additional services at Consultant's own cost and expense." 3. All other terms and conditions of the priginal Agreement, as amended by the First, Second Amendments, not specifically modified by this Third Amendment shall remain in full force and effect. 3-8 Signature Page To the Third Amendment to the Three Party Agreement Between .the City of Chula Vista, Anthony J. Lettieri FAICP, Consultant, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered With Regard to Applicant's Eastern Urban Center IN WITNESS THEREOF, City and Consultant have executed this Third Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox, Mayor Dated: Attest: By: Donna Norris, City Clerk Applicant: McMillin Otay Ranch, LLC a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its: a Consultant: Anthony J. Lettieri, FAICP By: Dated: Approval as to Form: Bart C. Miesfield, City Attorney By: By: ~j'p Its: ~/l~ r Printed Name: /GRAD ri2~in21~L.~ Printed Name: ~~~C.tiv~-n~ ~ Lc:E Date: 3^~2-0 9 Date: 3~iZ'o`1 3-9 ---' \ SECONID AIVIEM3dIENT To the Three Party Agreement Between City of Chula Vista, Anthony J. Lettieri F_AICP,Consultant, and Mc1Vlillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered with regard to Applicant's Eastern Urban Center Project Recitals This Second Amendment is effective as of 11/1/2007 by and between the City of Chula Vista ("City"), Anthony 7. Lettieri FAICP ("Consultant") and McMillin Otay Ranch, LLC ("Applicant"), with reference to the following facts: WHEREAS, City, Consultant and Applicant previously entered into an agreement on May 10, 2005 whereby Consultant was to review and process the application by Applicant for a Sectional Planning Area and one or more Tentative Map applications for the Eastern Urban Center ("Original Agreement"); and ~rV~REAS, City, Consultant and Applicant subsequently entered into a First Amendment on Nlay 1, 2006 whereby Consultant was to continue to review and process the application by Applicant for a Sectional Planning Area and one or more Tentative Map" applications for the Eastern Urban Center ("Original Agreement"); and W~REAS, Consultant estimates an effort of 20 hours per week dedicated on this project for the next twelve months to complete the entitlement process; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Community Planning Section staff on this project over the last year and working on this project while in the employ of the City; and `ti~REAS, all work performed by Consultant has been performed to the satisfaction of the City's Duector of Planning and Building. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree to amend the Original Agreement as follows: 1. Exhibit A, Section 2 entitled Project Description, is hereby amended to read as follows: Reviewing and processing application by McMillin Otay Ranch, LLC (Applicant) for a Sectional Planning Area (SPA), PC District Regulations and one or more Tentative Nlap applications for the Eastern Urban Center (EUC), and other related discretionary entitlements as may be identified during the course of such processing. 3-10 2. Exhibit A, Section 6 entitled Detailed Scope of Work ("Detailed Services"), is hereby amended to read as follows: a) Continue to meet with Director of Planning and Building and other appropriate City staff to understand City objectives for the EUC, the Otay Ranch, and other known land use issues that would impact both the planning and processing of the Applicant's SPA Plan. b) Review all the planning and policy documents that have been prepared that set a direction for the EUC planning and processing and that indicate City Council public policy direction, including the proposed General Plan and General Development Plan Amendments. c) Coordinate the EUC planning with adjacent projects, including university planning,' the planning of Otay Ranch Village 9, and regional transit planning with SANDAG. d) Continue to meet with City staff from all City departments and other agencies to determine what planning or policy direction has already been set with the General Plan and Framework Plan that may il-npact the EUC. e) Prepare all required staff reports documenting the options, issues and recommended course of action. This would include a detailed scope of work, meeting schedule, critical path, and cost estimate for the completion of the planning process. f) Process all discretionary applications/entitlements to final City Council approval. This would involve all necessary inter-departmental coordination, preparation of staff reports, presentations to all reviewing bodies, and any other tasks that maybe required to finalize the discretionary approval as required by the City Council. 3. Exhibit A, Section 7, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: December 31. ?008 4. Exhibit A, Section 10, entitled Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code, is hereby amended to read as follows: ( )Not Applicable. (X) Category No. 1. (X) Category No. 2. (X) Category No. 3. Not an FPPC Filer. Investments and sources of income. Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. 3-17 C:\WurdlWord.t'untrxul]pty Lftteri Second Amend I I-'9-il~.doc (X) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. (X) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista . (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. (X) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years; have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. (X) Category No. 7. Business positions. 5. Exhibit C, entitled Compensation Schedule and Deposit, Limitation without Further Authorization on Time and Materials Arrangement is hereby amended to read as follows: At such time as Consultant shall have occurred time and materials equal to $120,000 ("Authorization. Limit") from the effective date of this Second Amendment through December 31, 2008, Consultant shall not be entitled to any additional compensation without fiuther authorization issued in writing and approved by the City Council.. Nothing herein shall preclude Consultant from providing additional .services at Consultant's own cost and expense. 6. Exhibit C, entitled Use of Deposit to Pay Consultant, is hereby amended to read as follows: . (X) Use of Deposit to Pay Consultant. 7. All other terms and conditions of the Orin nal Agreement not specifically modified by this First Amendment shall remain iri full force and effect. C:\~~"ord\`Nurd\Cantracts~Jpryl _uen Sa~+nd Amand I1•'_9-Oi.~~-1 2 Signature Page 'I'o the Second Amendment to the'Three Party Agreement Between City of Chula Vista, Anthony J. Lettieri FAICP,Consultant, and itilc!'Iillin Otay Ranch, LLC, Applicant For Consulting Fork to be Rendered with regard to Applicant's Eastern Urban Center Project Iii 1 WITNESS THEREOF, City and Consultant have e;cecuted this Second Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox, Iay r • Dated: Consultant: Anthony J. Lettieri, FAICP i By. ~.--~ Attest: e //~.~ ~ ~~ ~~ ~TNf.~4 N~~22-rS ~'v itT-R-r rr~~.~nr Cc.~..~rG ~zsr D>.~cit~ nw~'~ Approved as to form: C:\Word\Co¢tracts\3ptyLettieri Second Amend i 1-29-07.doc Dated: ~~ Applicant: McMillin Otay Ranch, LLC a limited liability company By: Companies, LLC a Delaware liability company It~r. 1~znager Delaware McMillin limited 3-13 r-.~un._..~~w.,...u~_,...........t t_~..t ....A C.~nml ;\ntrn.l 11 tq.~l i.(ftk FIRST AI~IENB1~lEr~' To the Three Party Agreement Between City of Chula Vista, Anthony J. Lettieri FAICP,Consultant, and McMillin ®tay Ranch, LLC, Applicant For Consulting Work regarding the Eastern Urban Center Project Recitals This First endment to the three party agreement ("Amended Agreement") is effective as of 06 (the "Effective Date") by and between the City of Chula Vista ("City"), Anthony J. ettieri FAICP, a sole proprietorship ("Consultant") and Nictilillin Otay Ranch, LLC, a Delaware limited liability company (` :applicant"); with reference to the following facts: WI~REAS, City, Consultant and Applicant previously entered into a three party agreement on May 10, 2005 (the "Original Agreement") whereby Consultant was to review and process the application by Applicant for a Sectional Planning Area and one or more Tentative Map applications for the Eastern Urban Center (the "Project"); and `VHEREAS, Consultant estimates that additional services in an amount of 20 hours per week must be further dedicated on this Project for the next eighteen months to complete the entitlement process; and _ WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and acting as an extension of the Community Planning Section staff on the processing of the entitlements for the Project; and WHEREAS, all work performed by Consultant has been performed to the satisfaction of the City's Director of Planning and Building. NOW, THEREFORE, in consideration of the Recitals and the mutual obligation of the parties set forth herein, City, Consultant and Applicant agree to amend the Original Agreement as follows: 1. Exhibit A, Section 2 entitled Project Description, is hereby amended to read as follows: Reviewing and processing application by Mctilillin Otay Ranch, LLC (Applicant) for a Sectional Planning Area (SPA), PC District Regulations and one or more Tentative Map applications for the Eastern Urban Center (`°EUC"), and other related discretionary entitlements as may be identified during the course of such processing. 2. Exhibit A, Section 6 entitled Detailed Scope of `York ("Detailed Services"), is hereby . amended to read as follows: 3-14 a) Meet with Director of Planning and Building. and other appropriate City staff to coordinate processing of the SPA Plan and associated applications, including working with City staff to identify issues relevant to'the design and implementation of the development proposal. b) Review all the planning and policy documents that are applicable to the EUC, that set a direction for the EUC planning and processing, and that indicate City Council public policy direction, including the current City General Plan and Otay Ranch General Development Plan ("GDP")._ c) Meet with City staff from the Planning and Building and other appropriate departments to determine what planning or policy direction has already been set with the General Plan and Framework Strategy that may impact the EUC. Since the Framework Strategy has yet to be finalized, continue to work with staff and all interested parties to develop a strategy that implements the City policies for the university and EUC. d) Meet with Applicant on a regular basis to work on any issues that may develop. related to the SPA plan, related applications, and planning process. e) In addition to the General Plan and GDP, ensure that the EUC planning is coordinated with other public and private sector projects within the Otay Ranch, including coordinating on the regional transportation system as it traverses through the EUC and adjacent properties. 3. Exhibit A, Section 7, entitled Schedule, Milestone, Time-Limitations within which to Perform Services, subsection: "Dates for Completion of all Consultant Ser~ZCes" is hereby amended to read as follows: October 30, 2007 4. Exhibit C, entitled Compensation Schedule and Deposit: Terms and Conditions. Subsection: "Limitation without Further Authorization on Time and Materials Arangement" is hereby amended to read as follows: At such time as Consultant. shall have accrued time and materials equal to $180.000 ("Authorization Limit") from the effective date of this First Amendment through October 30, 2007, Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City Council. Nothing herein shall preclude Consultant from providing additional services at Consultant's own cost and expense. ~. All other terms and conditions of the Original Agreement not specifically modified by this First Amendment shall remain in full force and effect. 3-15 .. ,.. __~ o_v.___~_._~__~_~~r.___i c:-:_,..a-......,...,... i~r..<~.r Faire\(lT f:i~~(?R F.=.~1T.i .et~eti McMillaIt ciSST ~•II.G~A°IIT-..06- Signature Page To the First Aiuendmeut Three Party Agreement $etaveen City of Chula Vista, Anthony J. Lettiers FAICP,Consultant, and NScNfillin t~tay Ranch, LLC, Applicant For Consulting `Mork regarding tlae Eastern Urban Center Project LN WI'I'v~SS THEREOF, City, Consultant and Applicant have executed this First Amendment to the Original Agreement thereby indicating that they have read and understood the same and indicate their full and complete consent to its terms as of the Effective Date first written above: City of C a Vista ~~ ~ C?~~ By: Stephen C. Padilla, Mayor Consultant: Anthony J. Lettieri, FAICP By. ~ Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moor , Ci ~oCt Applicant: McMillin Otay Ranch, LLC' a Delaware limited liability. company By: McMillin Companies, LLC a Delaware limited liability company Its: N~anager By`. C:\Word\ContractsU ptyLetteriAmendRl.doc By: C:V~ocumenu and Szcergs~~ichaesh\Local Setti..e \Temponry Lz`[enef ~es\OL:<.:,1P.GR SQL=V'r-Lereri vtc~tillan : first Amen'~.ment-5.06- 3-17 Three Party Agreement $etween City Of Chu1d ViSt3, pnthOny ~. Lett].erl rAlCP,COIISUltant, and MCM1111n Otay RanCf!, LLC,. Aool?Can_t =or Consulting Work to be Rendered W1th regard co Applicant's Eastern Urban Center Pro~eet 1. Parties This Agreement is made as of the reference date set forth in Exhlblt A, fOr the purposes Of refereP_Ce Only, ar_d eLLeCti've aS of the date Last executed by the Dart?es hereto, between the City Of Chula Vista ("City") herein, a mu_n?cipal COrpOratlOn OL the State OL CallfOrnia, the perSOn designated On tree attached Exhibi t A aS "COilSUltaP_t" A:'!t:!OP_y J . Lett].er1 AiCP WI10Se buSlneSS form and address is indicated on the attached Ex:~ibit A, and the person designated on the attached Exr_ib?t A as "Applicant" McMillin Otav Ranch, LLC.wr!ose business form ar_d acdress is indicated On the attached Ex_r~b1t ?~, and iS made W1t'_r1 reference to the following facts: 2. ReCltaiS, ~ry'arrantieS aP_Q ReDreSentatlOP_S. 2.i. Warranty of Ownership. Applicant warrants that applicant i~ the owner of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or n.as an option or other entitlement to develop said Property. 2.2 .' Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with. the City for .approval Of the plan, map, zone, Or Other DerRl_tS ("Entitlements") described on Exhibit A, Paragraph 3. It is also anticipated Applicant will make application with the City son approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph ?. 2.3. Ir_ order for the City to process the Application of Applicant, work of the ge'-anal ?'=azure a=:d tti~e described ir_ EXh7.bit A, Parag"aD'n 5, ( "WOr'.t" ) W111 aped t0 be completed. 3PtvLettieri-McMillin EUC.doc - 0/3_/2005 - Pag° 1 3-18 2.e. City does nOt presently have the "l-!-hOllSe" Staff Or resources to process the application within the time frame requested for revie'vV by the Apps i cant . 2 . 5 . Th! s agreement prODOSeS. an arranQeiT~ent by "vV'liCh Applicant Shall retain, and be liable for tt!e COStS Of retaining Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.5. Additional facts ar~d circumstances regarding the background for this agreement are set forth on Exrlibit B; 3 . Agreement . NOW, TY~REFORE, IT IS ~ ~JALLY AGR=.ED TO A_ND BETWEEN THE CITY, CONSUliTADi'I', ADTD APPLICANT' AS FOLLOWS 3 , ~ nmD~ oy ne ~t of Consultant by P_pAlicant . Consultant is hereby engaged by the Applicant, not the City, and at P_pplicant's sole cost and expense, to perforn to, ar_d for the primary benefit o., City, ana solely at City's direction, all of the services described on the attached Ex.'zibit A, Paragraph 5, Titled "General Nature of Consulting Se=lices", ("General en- SerV1CeS"), and 1n the prOCeSS Of performing and delivering Sal. General Services, Consultant shall also perform to and for the benefit of City all of the services described ir_ Exhibit A, Paragraph 6, entitled "Detailed.Scope,of~Work", ("Detailed Services"), and ail services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, aI1 within tLle time frali'~eS herein Set Orth, and in partlCUlar aS Set forth in Exhibit A, Paragraph 7, and if none are set forth., within a reasonable period of time for the diligent execution of Consultant's duties hereu-*?der. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit oL the City for the compensation herein fixed to be raid by Applicant. In delivering the General and Detailed Services here.'-under, the Consultant shall do so in a good, professional manner COnSiStent W1th that level OL Care and Skill Ordin;ri7y exerClSed by members of the profession currently practicing under similar 3PtyLettieri-McMillin EliC.doc - 05/31/2005 Page 2 3-19 conditions and in similar locations, .at its own cost ar_d expense exC2Dt fOr the COmpenSdtlOn and/or reimbursement, i. any, hereln promised; and shall furnlSL1 all Of file labor, tecPnlcal, adm1P_1Stratlve, prOfeSSlOnal dnd other personnel, all supplies and materl.alS; maChlnerV, e4''-tipmen~., Dr1nt_r:g, Ve:'SiCIeS, tranSDOrtatlOR, OfL1Ce Space aP_d faCilltle9, Cd1Cll1dt10nS, and all Other means .whatsoever, eXCept aS ~e~eln Ct'_^_errli Se exDreSSIY specified to be furnished by the City or Applicant, necessary or proper to perform and complete t'r_e work and provide the Services re~sired of the Cor_sultar_t . 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the cor_clusions reached by the Consultant, and according t0 the terms dnd COnd].t].ORS Set forth in Exhibit C.adjacent to the goverr_ing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 1~ days o= COnsultant'S D111].ng, Cr In accordance W7.th the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon reCO1_pt Of SllCh Da_ <<eP_t DY tLne C1ty, C'i tV S'_n311 DrOi~lDtly, nOt later than 15 days,, or in accordance with the Bi11 Processing procedure in Exhibit. C, if crec'.~ced, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for paYRlent, and 9f!a1l nOt be liable fOr the COmpenSatlOP_ UP_1eSS it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise. directly to the Consultant. 3.2.1. Additional TrTork. Zf the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant o~ the type Consultant is Qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in ExiZibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional ~riork between the parties: 3.2.1.1. In the event that the City sha11 determine that additional work is required to be performed above and beycnd the scope of work herein provided, City wi11 consult with Applicant regarding t.-!e additional work, anG if thereupOP_ the Applicant -3115 Or re'uBeS t0 arrange and pay for said Additional Services, tine City may, at its 3PtyLettieri-McMillin EUC.doc - 05/31/2.005 Page 3 3-20 ;~ ODt7.0II, SllSperiQ any further prOC°SS7.ng Of P_ppl:Cant' S ADp11Cat1OP_ u:'1L-~ the Appl? CaP_t shall deDO51t the City' S estimate of the costs of tze additior_a1 work which. the City degermines is or ~«ay be reQUired.. Applicant Shall pay any and a1i additional costs for the additional work. 3.2.2, Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Corsultar_t under t'^_is Agreement. Upon doing so, City and Consultant agree to meet ?:~ good fa7.tiz and COn_er for the purpose of negotiating a corresponding reduction it the compensation associated with said reduction. Upon -allure to agree, the ^rixed Fie may be unilaterally reduced by the City by the amount o= time ar_d materials budgeted by Consultant for the Services deleted. 3.3. S curitY -or Payment of Comper_saticn by Applicant. 3.3.1. Deposit. As security for the pa «ent of Consultant by App'11Cancr, Applicant shall, upon execution o?' this Agreement, deposit tine amount indicated on Exhibit C as "Deposit P_mount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City sizall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to comp°nsation by law or under the terms of this agreement. 3.3.1.1.2. A11 interest earr_ed on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank accour_t, separately account nor said deposit in Orie or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average, interest earned during the period on its general fund. 3.3.1.1.3. Ar_y unused balance of Deposit Amount, including any ur_used interest earned, shall be returned t -+~_ 1 "~ titan 30 days a-ter the term.i r-atl.On Of this t0 ADDl ~ Ca__- P_Ot ate. Agreement and any claims resulting tizerefrom. 3PtvLettieri-McMillin EUC.doc - 05/31/2005 Page ~ 3-21 3.3.1:1.~. -rJi thin 30 days after of the use Nothing herein shall invalidate herein authorized. Applicant shall be r_otifi~d of the Deposit in any manner. uSe OL the DepOSlt _I1 the mares er 3.3.1.1.5. At such time as City shall reason=_bly determine that inadequate funds remain on Deposit to SeCLLre future COmpenSatlOn 1_'.<ely G~~ie COi:SUltant Or ~'1tV, City may ma'.te demand of Applicant to supplement ^said Deposit Amour_t in such amount as City shall reasonably specl_y, ar_d upon doing so, Applicant shall, within 30 days pays said amou:-!t ("Supplemental Deposit Amount") t0 City, 9a1d Supplement DepOSit AmotLTlt Or A:~:ounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, i,-n order t0 secure the duty Of A ~~Caict t0 pay Consultant for.Sercices PP-- rendered under this agreement, City shall be entitled to witlinold processing of Applicar:t's,Appiication upon a breach of Applicant's duty to comper_sate Consultant. c, Non-Service Related Duties of Consultant. 5.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connect.~on with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies o. which are 1SSlleG py ! P_SUranCe COiRpanleS Oi1at f!aVe a Best' S Rating Of "A, Class V" or better, or shall meet with the approval o~ the City: a.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 1I. a.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amou:-it set forth in Exhibit A, Paragraph 11, combined single limit applied separately to each project away from premises owned or rented by Cor_suitant, which games City and P_pplicant as an Additior_a1 Insured, and which is pri mar-y to any policy wn.i ch tr_e City may OtLlerwl9e Carry ("Primary COVerage" ~., ana Wh1Ch treats 3PtyLettieri-~?cMillin EJC.doc 3-22 - 05/31/2005 Pace 5 ;,n: . the employees of the City and Applicant iP. the same manner as members Of.ti~e General public ("CrOSS-11ab111ty COVerdge"). q,1.3. Errors and Omissions insurar_ce, in the amcunt set forth in Exhibit A, Paragraph 11, unless Errors and Omissions coverage is included in the General Liability policy. 5.2. Proof of Insurance Coverage, e.2.1. Certificates of Insurance. Consultant shall demOZStrate DrOOL 0- COVerage herein re4~1?red, pr10r t0 the COmmenCemeP_t Of SerV1.CeS required L'P_der this Agreement, by delivery-of Certificates of Insurance demonstrating same, ar_d furt'_^_er lndi Cat? nC that t_^.e DO11.C1eS maV nOt 'IJe CdI"iCeled W1th Cut at least thirty (30) days written notice to the Additional Inured. - e,Z,2, Policy Endorsemer_ts Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and CroSS-11d'Di l ity COVerage req'~'_red L'nO.er COP_SUi tdnt' S COmuT:erC1a1 General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.2.3 Security for Performance - Performance Bond. In the event that the need for a Consultant to arovide a Performance Bond arises, then Consultant shall provide to the City a performance bond ir_ the form.prescribed by the City and by such sureties which are authorized to transact such business in the State of Califor--pia, listed as approved by the United States Department of Treasury Circular 570, ht'tp•//www fms.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.'50 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 cony o. 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 Mar_ager or City P_ttorney which amount shall be indicated in an attachment as "Performance Bond" Exhibit. 4.3. Public Statements 3PtYLettieri-McMillin EUC.doc - 05/31/2005 Page 6 3-23 :~;; All public statements anal releases to the news media shall be the respORS1b111ty O_ t'1e C1ty aiid ts'!e A,~pl1Ca=7.D'. T_r_e COnSUltant shah nOt Dubligh Or release neWS 1temS, drtiCleS Or _DreSent lectures On the.PLO]eCt, e1trler during the COUrSe O_ the Study Or aster 1tS COmpletiOn, eXCep~ On writteP_ CORCtlrrenCe Of the City and Applicant. 5.~. Communication to Applicant. Consultant shall r_ot communicate directly to the Applicant except in the presence of the City, or by writing an exact cony of which is simultaneously provided to City, except with the express consent of City. The Consultant mz.y request such meetings with the Applicant to ensure the adequacy of se=sites performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing th.e services herein rectuired of Consultant, i nciudi r_g but not limited to those described in Exhibit A, Paragraph e. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any. tests, conduct any surveys or reconr_aissance necessary tO deliVer the Services Of,COnSUltant, Sub]eCt tO t,"le appr'OVaI Of the ADplicar_t. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access.' 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in E:L=libit A, Paragraph 9, as said party's contract administrator who is authorized by said party to represent them in the routine administration of thin.agreement• 3PtyLettieri -NICP?i llin EUC.doc - 05/31/2005 Page 7 3-24 % COnfli CtS Of IP_tereSt 7.1. Consultant is Desicnated as an FPPC F;ler If Consultant is designated on Ea_^_ibit A, Paragraph 10, as an "FPPC filer", Cor_sultar_t is deemed to be a "Consultant!' .or the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Cleric on t'_^e reaui?'ed State:ner_t of Economic Interests ir_ such reporting categories as are specified in Paragraph 10 0~ E1Cn1.bi t A, Or' 1f nOne are SpeC:f].ed, then aS determined by ~._ie '- ~torney. Ci~V A` 7.2. Decline to Participate. Regardless of why Filer, Consultant sha: any way attempt to use govern:~:ental decision know Consultant has a compensation promised then Consultant is designated as an FPPC 1 not make, or participate in making or in Consultant's position to influence a in Wh1.Ci'! COnsL'ltant knows Or haS reaSOn t0 fir_ancial interest other than the by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair.Pol.itical Practices Commission,, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which .would conflict with Consultant's duties under this agreement. '7 , ~ . PrOm1Se NOt t0 ACQZ.Li re COnL'11Ct1nQ Interests . Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not aca_uire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Dut to Advise of Conflictinc Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant 3PtyLettieri-McMillin EliC.doc - 0/31/2005 Page 8 3-25 learns Of an eCOi?Om1C interest Of CO?1S1S1taP_t' s wh1C11 may result 1n a COnL11Ct of i r~terest for t-^-e .DL'r7JOSe O L}'1e = a'-r PO 1'-t'-Cal Practices Act, and regulations promulgated thereunder. 7.5, ~pec~-'c N~rra"ti~s P_gainst Economic Interests. CORSUltant GlarrantS and represents ti_at nether COnsultant, nor Consultant's immediate family members, nor Consultant's employees.or agents ("Consultant Assoc_ates") presently have any lntereSt, dlreCtly Or indirectly, Gli'SatSOeVer in the property, which is t'r_e subject matter of the Project, or in any p•roper~y w1thl.n 10 radial'Rl11eS from the eXterlOr bOUndarie8 Of the property whic:. is the subject matter of .the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise Of LUtllre emp'lOyment, remurieratl0n, COIIS1Qeratl0n, gratu?ty Or ot'r_er reward or gain has besn made to Consultant or Consultant Associates by Applicant or by ar_y other par~.y as a result oL COP_SUltant' S perfOrmanCe Of tiZ1S Agreement • C0:1sL'lta'_7t prOmiSeS to advise City of any such promise that may be made during the Term OL th1S Agreement, Or fOr 12 mOrithS tr?er2.aLLer. Consultant agrees that Consultant Associates shall not aCC,1L7._re any si1Ch prOhi bi ted ! Merest wi thi r: the Term Of th1S Agreement, Or fOr 12 mOP.t'L1S alter tale eXplrati On Of th1S Agreement. Consultant may not conduct or solic~*_ any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breacn.. This agreement may be terminated by the CITY for default if the Consultant breacn.es this agreement or if the Consultant reLUSes Or La11S t0 pursue tree WOrK under t'_'11s agreement or any .phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination oL this agreement because of a default of the-.Consultant shall not relieve the Consultant from liability of such deLault. 9. C~ty'S ~~Qni- t0 Terminate Agreement LOr COnveRlenC Documents. - 0~/3i/200~ 3PtyLettieri-McMillin EUC.doc page 9 3=26 9.1. ~iotwit':-atandin_g agreement, the CITY shall termlP_ate ChiS agreement this agreement. any other section have tn.e absolute or any work to be Or prOV_s).On Of ti'!1S right at any time to performed *oursuant to 9.2. In the event of termination_ of this agreement by the CITY in the absence of default of the Consultant, the City shall pdy t%ie COIlSUItant for tC_e reasonable value o= the Services actually performea by the Consultant up to the date o~ such termination, less the aggregate of all sums previously paid to ttje COIISUltant for Services DerfOrmeQ after eX°CL'tlOn Of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arisi~.g under this agreement, eXCept aS Set ~Orth 'Herein, in the event Of SUCK termlP_atiOn. 9 4 Iri tale event Of terninat].On O. this agreement, ar_d lipOP_ demand of t'r_e City, the Consultant s'_nall deliver to the City, all f].e1d notes, SurVeyS, Studies, reports, DlanS, Qra'.dinCS anC. all Other materials and doci:rents prepared by the Consultant in performance of this agreement, and all suc'rl documents and materials Sha11 be the property Of the C1tyi provided however, that the Consultant may retain copies for their own use and the City Shall prOV].de a Copy, at App11.CdP_t' S COSL, OL all Such documents to the Appl].C3nt . 9.5. Applicant shall have no right to to rninate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit.silall be brought arising out of this agreement, against the City, unless a claim ilas first been presented in writing ar_d filed with the City of Chula Vista and acted upon by the City of Chula vista in accordance with tine procedures set forth in Chapter i.3~ of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11 hold 'r_armless and Indem~-lification 11.1. Consultant to Indem-lifv City an_d Applicant re Injuries. 3PtyLettieri-McMillin EUC.doc - 05/31/2005 Page 10 3-27 Consultant shall defend, indemnify, protec*_ and hold harmless t'_ne City, its elected and appointed officers and employees and Applicant from and against ail claims .or damages, - o ~^^ ~C1Ud1nC WithOllt llmitatiOn liability, cost ar:d xp~::~e (i n attOrP_eVS' fees) arising OL't OL the COndUCt Of the CORSUlLdLlt, Cr any agent or employees, sll-7COP_traCtO?"s, Or OtYlE'rS OL C1ty Or Appli Cant 1n COni:eCt1OP. with the eX2Cllt1On Of the wort{ COVereC. by this Agreement, eXCep~ Only Or thOSe Claims 3rlSing LrOm the sole r_egligence or sole willful misconduc~. of the City, its OfLiCerS, Or employees, CZ'_h__pOliCant, COIISllltant'S indemnification shall include any ar:d all costs, eXpenses, attorneys' fees ar_d !lapllltY' i-!Cllrred by t^e C1ty, ?tS OL'f1CerS, agents, or employees or Applicant in defending agains~ sucri C1aim.S, whether tfje Same DrOCeed tO ]udgment Or nOL. 'UrL'_ner, Consultant at its own expense shall, upon written request by the Clty Or ^.DDlKant, cefeP_Q a='-~T SLCh Slut Or action brought against the City, 7.tS OfL1CerS, agents, Or employees Oi ADp11CdP_L. Consultants' ].ndeT~P_].LlCatlOn Of C1ty anC. Applicant Shall P_Ot be limited by any prior or subsequent declaration by the Consultant. 11.2. A~piicart to Indemnify City re Comper:satior_ of ConSUltant . Applicant agrees to defend, indemnify and hold the City h.armiess against and from any and a! 1 c1al:~~s, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or represer_tatives oL the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation a~ demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses Applicant agrees to obtain a business license from the City and to otherwise comply with Chula vista Municipal Code, Title 5.. Applicant further agrees to recruire Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless Specifically dLiti"lOr_ZeC1 In wilting by City, ne1t~=°r Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements w;~atsoever. ~.~ _-; r-i~riiliin EuC.doc 3P~y!~etti~__-M~. - 05/31/2005 7age ll 3-28 13.2. Notices. All notices, demands or recruests provided for or permitted tO be g1Ve:'! pursuant tO t_115 Agreement must be ~n writing. All IIOtiCeS, demanaS rind requests tO be sent tO any Harty Shrill ne deemed to have been properly giver, or served if personally sewed Or depOSi ted 1?1 the UP_lted States md1l, aC1ClreSSeG. tO suC~"1 parry, postage prepaid, registe'-'ed °r certified, with return receipt rea-~ested, at the addresses iderti_ied LOr ci'!e parties in _xhlbit A. 13.3. Entitlement to Subsequent Notices. No notice to or demar_d on the .parties for notice of a~ e=ent not herein legally required to be given s~:all in itself c: a_~ the right ir_ the parties to any other or further notice or demand 1ri the same, similar Cr Ot:7er C1rCL'i~!StanCeS. 13.x. E~tTre ~creement. This Agreement, tOCeti?er With any Other writte~_ document referred to or contemplated 'Herein, embody the entire Agreement and u:'?derStdnalP_g betwee^_ tf!e partleS relating to the Sub] ect matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by ar_ instrument in writing executed by the party agains~,jnsou ht. enforcement of such amendment, waiver_or discharge g 13.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal autrority and capacity and directior_ prom its principal to enter into this Agreement; that all resoluti ons or other ac~lorls Nava been talon so as toyenable it to enter into this Agreement. 13.6. Governing Law/Venue. This Agreement sr_all be governed by and construed in accordance with the laws of file State of California. P1~y action arising under or relating to this Agreement shall oe brought only 1n the federal Or- Stale COUrtS lOCated 1r1 San D1eg0 COtY'!tY, State of California, ar_d if applicable, the City of Chula Vista, or as C1OSe thereto aS.pOSS?ble. Venue LOr th;S <'-~-greement, and performance hereunder, shall be the City of Chula Vista. 3PtyLettieri-McMillin EuC.doc - 05/31/2005 Page 12 3-29 i~ ; . _ 13.7. Mod-fication. No modifiCdtlOP_ Or Wa1Ver Of anV prOViSiOn Of tills Agreemenc. Shall De e=-eCt1Ve L'-~i1 e5S tale Sa:ie S_'?al 1 be i n t,~riti na a:'_d 51gneQ by the parties hereto, and then Shall be val_d Only in the SDeCifiC ?P_StanCe and fOr rile pllrpOSe for Which given. 13.8. Counterparts. This Agreement may be executed in more than_ one counterpart, each of which a;::al1 be deemed to be an oricinal but all o: which, when taken together shall constitute but one instrument. 13.9. Severability. In tL!e eV2nt that dnV prOV13i 0=! 0- tr._a Agree%ent Shall fpr any reasor_, be determir_ed to be invalid, illegal, or uneilfOrCeable l.n ar_y 're3peCt, file DartieS hereto Sn all negOti ate in good faith and agree to such amendments, modifications, or SL'DDlementS t0 t_^_iS Agreemen-'- Or SL'CR Other aPDrODriate action aS shall, to the maximum extent practicable in light of such determinatior_, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings convenience only and shall not hereof. in this =greement are for . define or~limit the provisions 13.11. Tr7aiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise c- any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. Tile making or the acceptance o= a payment by either party with knowledge o~ the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. Tile rightS'O: the PartleS under this Agreement are . cumulative and not exclusive of any rights or remedies which one 3PtyLettieri-McMillin EUC.doc - 0~/31/200~ Page 13 3-30 parties might other~rise rave unless this Agreement provides to file COntra?"V.. 13.13. No Additional Beneficiaries. Despite tre fact that the required performance under this agreement miay have an affect upOP_ DerSOnS rAt Darti eS hereto, t:ie parties specifically intend no benefit therefrom, and agree that n0 perfOrmanC°_ _'jere~-++Rder may be enforcedny any perSOn nOt a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and tre City is an eXDreSS third party beneficiary Of tre prOml.SeS O. CORSU1tar_t t0 prOVlde SerV7.CeS paid for by P_ppiicant. 1?. Ownership, Publication, Reproduction and tise of Material A11 reports, studies, information, data, statistics, forms, designs, Dlans, prOCedure5, systems and anY Other materials Or properties produced under Lhis Agreemen~ sra11 be the sole and i ; ~ r ~_ ~ ~ y. No such materials or properties e.tc_LS_v~ p_op~~ty o_ C't produced in whole or in part under this Agreement s'r~a11 be subject to private use, copyrigi•.ts or patent rights by Consultar_t in the United States or in any other country withou~ the express written consent of City. City shall have ur_restricted authority `~e provi si or_s t0 Dllb115h, d.i3ClOSe (eXC`Pt aS may be 11iTl1ted by --- of tise Public Records Act), distribute, and otherwise use, copyright or patent, iP whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. (End of Page. Next Page is Signature Page.) 3PtvLettieri-McMillin EUC.doc - 05/31/2005 Page 1? 3-31 Signature Page NO'a tC.erefOre, L_^_e Dar~i eS 'P.SretO, ='laV_:!g r°ad a'i!d understood tfle terms aiLd COP_d1t1.OnS Of tn1S agreement, Q0 he'--S'r'y express their cor_ser_t to the terns hereof by setting their hand r!eret0 On the date Set forth adjacer_t thereto. Dated: City of Chula Vista ~ ~g~ by: John ns, Pur _as_n.g Agent P_poro~ed as to Form: .-~ / ~ ,~ Psi. ;~o o r e , C?ity Attorney ~~// Consultant : Dated: P.n.thony J. Lettieri, FAICP ~.,~, / ~ {~ Dated: Applicant: MCMi11i n Otay Ranch, LLC a Delaware limited liability company y' Mciiillin Companies, LLC a Delawa~t~ ab¢i.lity company Its: Manager ~~ 3PtVLettieri-McMillin EUC.doc 05/3i/200~ Page 1~ 3-32 'Vi~ 1. Elti11b1t B Additior_aI Recitals 'N ?1R. ~T,~, the ~DD11Ca=!t fia5 deDOSi ted a:! _!1.ti al SUm 'Or ti1° processing oz development app'_ications, such as rezone, enviror_mental studies ar_d precise plans, and rNriERE.zs, Consultant warrants time on this project will be billed at no more thin the hourly rate the City bills for an ecraivalent City Star-, and Ur1ERr~?S, both City and Applicant agree to waive the fornal COnSllltant SeleCtlOn prOCe3S due t0 Dr1or worst On tLle Same project performed by Consultant while in the employ of City, and rN= ~~.,=_S tsle ?lad 1i!g and ~u_lding Di reCtOr L!aS negOt7.ated r the details or this agreement in accordar_ce with procedures see forth in the Chula Vista Municipal Code.. 3PtyLettieri-Mc~?illin ~UC.doc - 05/31/2005 7age i 3-33 --- ,-. .. EXhibit A Reference Date of Agreement: May 10, 2005 ree en Effective Date of Ag_ m z: City of Chula Vista, 275 Fourth Avenue, Chula Vista, CA 91910 Consultant: Anthony v. Lettier' FAICP, Business Fo << of Consultan~: ( X) Sole P.ronrietorship ( ) Partnership ( ) Corporation Address: 1231 Oliver Avenue San Diego, Califorr:ia 92109 Applicant: L~IcNIillin OtaY Ra=!c-^-~ L~LC, Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation Address: 2727 Hoover Aver_ue National City, C_A 92109 l,. Property (Commonly known address or General Description): The Application covers that property generally ]mown as Eastern Urban Center, wn.ich is located in c'r_e central portior_ of the Otay Valley Parcel of the Otay Ranch General Development Plan area. The proposed Eastern Urban Center is approximately 200 acres and is bounded by the proposed alignments of Birch Road on the ;,orth, Hunte Parkway on the south, Eastlake Parkway on the east, and SR-125 on the west. Applicant is only applying for entitlements of their portion or the ownership of subject property. 2. Project De8Cr1pt1On (°Pro]ect°): Reviewing and processir_g application by McMillin Otay Ranch, LLC (applicant) for a Secti or_a1 Plan.:-iing Area (SPA) and one or more Tentative Map applications for the Eastern urban - 0~/3i/2005 3PtyLettieri-McMillin EUC.doc Pag` 2 3-34 Center, and otter related discretionary entitle;gents as may be identified during the course of such processing. 3 G 5 6 Entitlements applied for: a) Sectional Planning Area (SPA) Plan and associated regulatory dOCL'meriLS , :ncludir_g but not 11m? Led tO the following: I) Eastern Urban Center design plan; 2) darned CO;iuTiti:lty D13tr1Ct Regulat? OnS; 3 ) a i r Qalal i t,y Improvement Plan; a) Water Conservation Plan; 5).Non- renewable Energy Conservation Plan; 6) Public Facilities Financing Plan; 7) Affordable Housing Pian b) Otay Ranch 2005 Ger:er31 Development Plan amendments ,ntltlements antlClpated tO be applied for: a)~SeCOP_d T?er ERVirOnmental Impact RepOrt(S) and supporting tech~zical studies b) Grading and Improvement Plans c) Final Maps d) Design Review Approvals e) Tentative subdivision maps f) General Plan Update. General Nature of COnSL'ltlrig SerV1Ce5 (°SerV1CeS--General°), Process, under City's procedures, the necessary planning and environmental planning applications for the entitlements listed in paragraphs 3 and a, for t12.e property knowT as the Eastern Urban Center described in paragraph 1. Consultant to provide services to Applicant for this project as an extension of City staff, under the direction of the Director of Planning & Building. Detailed Scope of Work ("Detailed Services"): a) Meet with Director of P1arLning and Building and other appropriate city staff to understand City objectives for the EUC, the Otay Ranch, and other known land use issues that would impact both the planning and processing of the Applicant's SPA P1an• b) Review all the planning and policy documents that have been prepared over the last two years that set a direction for the EUC planning and processing and that indlCate City Council public policy C[1reCtiOn, includir_g 3PtyLettieri-McMillin EUC.doc - 05/31/2005 Page 3 3-35 ';~ .;. the proposed General Plan and General pevelopment Plan Amendments. C) Meet'wlth C?ty Staf~ from the PlanP_?ng anG OtL'ier aDDrOprlate departments t0 Cletermine Whdt p 1dPS!1ng Or policy direction has already been set with. t'_^-e General plan and Framework Plan that may impact the F~UC. .is ar_aiysis would be any Mar'.cet Assessmen_ Includ~d in t (any study available), Review and Analysis o~ any revised ~L1C P011C1es 1n t-=e GD-`~ '~--'ld. Ot'1er DO'11CY analysi S associated with the UP_iversity P1a_-~.n.ing. d) Meet with Appl'_Cant development staff t0 determine tL7.e1r land use puns, suggested planning process, and issues. e) Identify hOW (ippllCdnt~ S plaits COrreSpOP.d SJlti1 the City- wide General Plan and Otay Ranch GDP update process; In ~ he ^UC plan_n~ ng addition to the General Plan and GD_, t would have to rzlate to other development projects within the Otay Ranch and the regior_al trar_sportation system. Because of its size and impact on the City, it would also have to be coordinated with planning for western Chula Vista. f) Prepare Issue Papers or other required staff reports documenting the options, issues and recommended course oL action. This would include a detailed scope of work, meeting schedule, critical path, and cost es~imate for the completion of the plarli'iing process. g) Process all discretionary applications/entitlements to final City Council approval. This would involve all necessary inter-departmental coordination, preparation of staff reports, presentations to all reviewing bodies, and any other tasks that may be required to finalize the discretionary approval as required by the City Council. ~. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: (X) Same as effective Date of Agreement Dates Or '?Tl.me Limits for Delivery of Deliverables Under direction of City staff, and will function as an _r extension of City sta.-• - 05/31/2005 3PtyLettieri-McMillin EUC.doc page 3-36 T.:;~.: - Dates ~Or COmDletiOn O: all CCnSllltaut Se='ViC2S December 31, 2005 e. Documents to be provided by Applicant to Consultant: ( ) site piar_s ( ) grading plans ( ) arc'r_i tectural elevations ( ) project description. ( ) other: 9. Cor_tract Administrators. City: J.D. Sandoval, Director of Plar~zing & Building, City of Chula Vista Planning and Building Department, 276 Fourth Av, C'r_ula Vista, CA 91910, ph: (519) 691-5002, FAX: (619) x05-586_, email: jsandoval@ci.chula-vista.ca.us. Applicant: Todd Galarneau, Vice-President, N?cMillin Otay Ranch, LLC, 2727 Hoover Av, National City, CA 91950, ph: (619)336-3959, FAX: (619)336-3093 email: tgalarneau@mcmillin.com Consultant: Ar_thony J. I,ettieri FAICP, 1231 Oliver Avenue San Diego, Califorr_ia 92109, ph: (619)5x0-7202, FAX: (858)581- 9374, email: tonyl@san.rr.com. 10. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:.. ( X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. x. Investments in business entities and sources of income which engage in land development, cor_struction 3PtyLettieri-McMillin EUC.dOC - 05/31/2005 Page 5 3-37 or the acquisition or sale o real. nroperty• ( ) Category No. 5. Investments in business entities and sources o. inccme c: the type which, within the past two years, have contracted with the City o° Chula Jista (Redevelopment agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business^en_tities and sources o= income o= the type which, within the past two years; have contracted with the designated employee's deDartm~ent_t0 DrOV1de services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. 11. Insurance Requirements: (X ) Commercial General Liability: $1,000,000. (X ) Automobile Liability: $1,000,000. ( ) Worker's Compensation: Statutory ( ) Employer's Liability: $1,000,000. ( ) Errors and Omissions Liability: $2,000,000. 3PtyLettieri-McMillin EUC.doc 05/31/2005 Page 6 3-38 .i ;Xhl.blt C Compensatior_ Schedule ar_d Deposit ( ) Single nixed Fee Arrangement. Terms and Conditions. FOr perfOrmanCe O. all O' the General and Detailed Ser'JiCeS of Consultant as herein required, Applicant snail pay a single fixed fee in the amounts and a~ the times Or m11eStOneS Set :Ortci below: Slagle Fired "ee APlOL'nt ( ) - ( ) Phased Fixed Fee Arrangement. FOr the per'OrmanCe O. each phase or portior_ O' the General and Detailed Services of Consultant as are separately identified in EX_rlbl.t C, L'nder L.=e CateGOry labeled "Phased Fired ~`ee Arrangement", Applicant shall pay tn.e fixed fee associated witi~. each phase of Services, in the amounts ar_d at the tines or mi leStoneS Set forth hereirbelCW ("'~~^-aSe FiX°d Fee Arrangement") Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall nave issued a notice to proceed to Consultant as to said Phase. (X ) Time and N?aterials For performance of the General and Detailed Services of Consultant as rerein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of Said Se=JiCeS, a~ the rates Or amounts set fortis hereinbelow according to the following terns ar_d conditions: (Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding tn.e expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for, including all Materials, and other °"eiu~ ilrSedble5° ("Maximum COmpenSatloi:") . 5 3PtyLettieri-McMillin EUC.doc - 05/31/2005 Pac= 7 3-39 ( X ) Limitatior_ without Further luthorization on Time and Materials Arrangemen~ P_t such time as Consultant shall have incurred time ar_d °~lltisOr_Zat10n L1m1t°~ ~ materials egaal to $0;000 Consultant shall not be entitled to any additional COiRpenSatlOn without Lurther aL't~'!Or? Zatlon '_SSUed .n Writing and approved by tn.e City Council. Notizing herein shall preclude Consultant from providing additional Services at. Consultant's ow:~ cost and expense. - OS/3i/200~ 3ptyLettieri-McMillin EUC.doc page S 3-40 .,,r: Mate Scr_edule Category o` Bmploy~e of Consultant Principal Consultant :3our 1y Name Rate Anthony J. Lettieri 5125 Materials Separately Paid For by Applicant Cost or Rate ( ) Materials Actual Reports Coo_ ies ( ) Travel ( ) Printing ( ) Postage ( ) Delivery ( -)- Long Distance Telephone Charges ( ) Other Actual Identifiable Direct Costs Actual Actual Actual Actual Actual Actual ----------------------------------- Deposit ( X) Deposit Amount: $ 25,000 3PtyLettieri-McMillin ELiC.doc 3-41 05/31/2005 Pace 9 _.. .iS;~~• ( ) Use of Deposit to Pay Consultant. Diotwithstanding the sole duty and Liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt Of b~llirq by COnSUltant, and CeLerminaL_On "JY C?ty 1:'- good faith that Consultant's billing is proper, a judgmer_t for Which ADD1_Cant agrees tO hOLd City harmless and wa'_Ve dny Claim against City, City shall pay Consultant's billing from the amou_n~ of th.e Deposit. If Applicant shall protest the propriety of a b111ing to City in advance o- payment, City shall COns?der Applicant's protest and any evidence submitted prior to tr_e due date for the payment of said bill by Applicant in making its good faith determination of propriety. ( ) Use of Deposit as Security Only; Applicant to Make Billing Payments. l,'pOn determinati On b;r C_tY made iP_ gOOd faiti7 that Consultant is entitled to compensation which shall remain unpa_d by ADD1i C'c.P_t 30 Guys afOer billing, City may, dt 1tS option, USe the DeDOSit tO pay 8a1Q LJ111ii:G. ( ) Bi11 Processing: A. Consultant's Billing to be submitted for th.e following period of time: ( X ) Monthly ( ) Quarterly . ( ) Other: B. Day of the Feriod for submission of Consultant's Billing: ( X ) First of the Month . ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 3FtyLettieri-McMillin EUC.doc - 05/31/2005 Page ? 0 3-42 CfTY COUNCIL AGENDA STATEMENT C1TY OF CHULAVISfA MARCH 17, 2009, Item ITEM TITLE: RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR TH> PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES ~~-~~ REVIEWED BY: CITY MANAGER ST ~,r- ? S ASSISTANT CITY MANAGER S~ 4/STHS VOTE: YES ~ NO ^X SUMiVIARY The Meyers-Milias-Brown Act (MMBA) as contained in Califomia Government Code section 3500-3511 provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regarding wages, hours, and other terms and conditions of employment. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance. with the Califomia Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because it does not involve a physical change to the environment; therefore, pursuant to section 1506(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Pursuant to the MMBA, the City of Chula Vista, as a public agency, by and through the City Council, is authorized to designate a Management Team as its representative for the "Meet and Confer" process. Adoption of the proposed resolution, deemed necessary and appropriate to revise the list of designated members of the Management Team for the Meet and Confer process due to recent changes in personnel, accomplishes this. 4-1 MARCH 17, 2009, Item `i' Page 2 of 2 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 INII'ACT None. ATTACHMENTS Resolution Prepared by: Kelley Bacon, Director of Human Resources, Human Resources Department 4-2 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGAMZATIONS WHEREAS, the "Meyers-Milias-Brown Act" (MMBA) as contained in California Government Code section 300->jll provides for the orderly administration of employer-employee relations; and WHEREAS, the MMBA provides that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and confemng with those organizations regarding wages, hours, and terms and conditions of employment; and WT~EREAS, pursuant to the MMBA, the City of Chula Vista, as a public agency, by and through its City Council, is authorized to designate a Management Team as its representative for the "Meet and Confer" process; and WHEREAS, as a result of recent changes uz personnel, it. is .now deemed necessary and appropriate io revise the list of designated members of the Management Team for the Meet and Confer process. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista, that pursuant to the MMBA and the City's Employer-Employee Relations Policy, the following persons are designated as members of the Management Team for purposes of meeting. and conferring with the City's recognized employee organizations: Jim Sandoval, City Manager Scott Tulloch, Assistant City Manager Kelley Bacon, Director of Human Resources Bart Miesfeld, City Attorney Rod Betts, Outside Counsel Maria. Kachadoorian, Director of Finance Leah Browder, Deputy City Manager/Director of Library Submitted by Kelley Bacon Director of Human Resources 4-3 TY COUNCIL STATEMENT cITY of ~-~" CHULAVISTA 3/17/09, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTI~i IG AND APPROPRLATING 587,252 N UNANTICIl'ATED REVENUES AWARDED TO THE CITY OF CHULA`VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGR_AiVI FROM- THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLIi iG BLOCK GRA~~iT FOR 2009-2010, 14rx CYCLE AND ANIENDLNG THE FISCAL YEAR 2010. WASTE MANAGEMENT AND RECYCLNG GET SUBiVIITTED BY: DIRECTOR OF PUB IC WORKS REVIEWED BY: CITY MANAGER ASSISTANT CITY MANAGER 4/STHS VOTE: YES ® NO ^ SUMMARY The Califomia Used Oil Enhancement Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oii manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWivIB) use a portion of the funds to provide block grants to local goverrunents for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach, National City and Lemon Grove. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Council adopt the resolution. BOARDS/COMA'IISSION RECOMMENDATION Not applicable. DISCUSSION The scope of work for this grant is a "regional" program that includes the cities of Chula Vista, Imperial Beach, National City and Lemon Grove. The program targets regional watershed protection issues that affect all the cities that share the South Bay watershed. The primary 5-1 3/17/09, Item Page 2 of 2 purpose of this. block grant is to provide alternatives to illegal disposal of used motor oil through a network of collection opportunities and outreach efforts designed to inform and motivate the public to recycle used oil. This grant will provide continued technical assistance and new supplies for approximately 30 &ee used oil recycling drop-off centers and curbside collection programs in Chula Vista, National City, Imperial Beach and Lemon Grove. The public education component will allow the City to continue to provide advertising, portable displays, point of purchase displays, the Used Oil Hotline, billing inserts, bottles, funnels or drain pans. This will also allow staff to have a booth at the various car shows, public events and auto part stores throughout the South Bay, reaching out to our target audience the "Do It Yourselfers" (DIYers). DECISION ~L~KER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the X00 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The grant will provide 587,22 to continue to operate the used oil-recycling program, education and promotion through June 30, 2011. There is no impact to the General Fund as a result of accepting this grant and implementing the work. The program does not require matching funds. ATTACHMENTS 1. Notice to Proceed and Contract 2. Resolution 2007-204 Prepm~ed Gy: Lyan France, Environmental Services Program :L(mrager, PuG(ic Works Depnrnnent K:\PUBLIC WGRKS\AGENDA\CAS2009\OJ-17-09\UBG14 A! 13 aopropriatel .doc 5-2 ~., LN9A SADA.US 5[GRCf'MV NA kN'IRON1lFMAL r0.0'fLCfICN Mnxco REm BROWN CHAIR MBROWNCCIWMB.CA.GOV (4 t6) 34 ib051 StiEl]A ~A.VtFS ICt7EHL S K U E H L@ Cl \V M B.C A: G O V (9 [G) 341•G039 Joxia Inutn JLl1RD@CI W l.1 B.CA•GOV (91b) 341•Ei010 CAROLEMIGDEN CM1GDEtaCaCl W MB•G.GOV (916) 34l•G624 ROSAUE MvL>: RMULEG~CIWMB.CA.GOV 1~rr~,~i-~n~N~i ._~___ •_~ CALIFORNIA INTEGRATED F~ Atw°,~S~M~,E~~~ 'WASTE MANAGEMENT BOARD °°"°"'°~ 1001 I STREET, SAGAAMEM'G, CALIFOR73SA 95814 • P.O. Box 4025, SACRAML-NSO,.G>,ttFOtw1A 958 iZ4025 (91G}341.6000 • WWCr•c1wMa.cA.cov February 4, 2009 Manuel Medrano . City of Chula Vista Resource & Waste Management Services 1800 Maxwell Road Chula Vista, CA 91911 Dear Manuel: This letter authorizes you to begin incurring costs under the Block Grant 14 (UBG14) Terms and Conditions and Procedures and Requirements. Any UBG14 expenditures which occurred prior to this letter but after July 1, 2008 (the start of the grant term), will be covered by fhe Procedures and Requirements for the BG13th cycle. Enclosed is a copy of your executed Grant Agreement cover sheet Refer to Exhibit A: Terms and Conditions and Exhibit B: Procedures and Requirements that were sent to you with the original Grant Agreement for ail reporting requirements. Supplemental information is also available on ourwebsite at ~'!/www ciwmb ~ aov/UsedOiUGrants/Block/Sucplemental. Please contact your Grant Manager if you need an additional copy of the 1 erms and Conditions and the Procedures and Requirements.; For downloadabie copies of payment request forms and reporting forms, refer to our website http~!lwww ciwmb ca goytHHW/Forms/. Your cooperation in keeping the Used Oil Program up-to-date of any changes to primary contact, your address, telephone number, or other pertinent information will be Any questions or future correspondence related to this Grant Agreement should be ~..~.n directed to your•Grant Manager's attention. GARY L oicnSFSr crETERSENC^~C1WMB_cA.cov Sincerely, (916) 341~i035 (/'Ot'ky J~QtI :;,:. Corky Mau, Branch Manager Grant and Loan Resources Branch Sustainability Division Rp YCY>RS YmvYnID @n.CM R. RBnR gIIR I.,YR4'RA'~RO pARYC YA%ACR U,ANI' pu Artn ORIGINAL PRIM iFDON ICOX?:YT.~NA1µEM1 CUMfK.HICCFZED CNLOTINi FREE tAfCQ 5-3 - S~T*AT~E OA/F~ Cp~A~7UgFOR,,gqNIAyy~~E~~."ppNIRONMgpF~~~Yg,qI'AIppPR~~OgT''cL7fON AGENCY C35'vi"11 ~0 C B'1W:t 6-a~~IV4 ~iofl E CM/MB'tt0 (RSVCed Sa167) CALiFORN1A INTEGRATED WASTE td4NAC.EMEM BOARD 2008/2009 Used Oil Block Grants - Fourteenth Cycle GRANT1=t NAME - OP THIS AGREEMENT is made artd entered into on this 19th day of November, 2008, by the State of Cafifomia, act[ng through the Cxecutive Dlredor of the . California Integrated Waste Management Board (the °State") and City of Chula Vsta (the "Grantee"). The Stake and the Grantee, in mutual cdnsideratlon of the . premiss made here-in, agree as follows: The Grantee further agrees to abide by the provisions of the following exhibits attached hereto: Exhibit A - Terms ~ Oonditions Exhibit 8 -Procedures & Requirements Exhibits A and 6 attached hereto and the State approved application are incorporated by reference herein and made a part hereof. The State agrees fo fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein- IN WITNESS WHEREOF; the parties hereto have executed this P.greementas of the dates entered below. GRANTEE' NAME (PRINT OR TYPE) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD City of Chula Vsta - SIGNATURE OF CIWMB'S AU iNGFt1ZE'v SIGNATORY; SIGNATURE OF GRANTEE: (AS AUTHORIZED M RESOLUTION OR LETTER OF DESIGNEE AUTHORIZATION) .~ '~ ~v~w ' utive Director Ex M k L GATE TITLE ~ E6i~t•YUL f~'-C ~r~'r~' ~i~ YKNt OA7E 1 ~ 7- ~~9 ar eary, ec ~~~ O ( - Authorized renesenla6ve . ! GRANTEE'ADDRESS (INCLUDE STREET, CnY, STATE ANO ZIP CODE) . j ~db A.t~Yc~2Lc ~-~ CERiSFiCATiGN Gi rUNDiNG AMOVNT ENCUMBERED BY THOS PROGRAMICATEGDRY (CODE AND TITLE] FUND TITLE AGREEMENT 2008/2009 Used Oil Block Grants • Fourteenth Cycle O7L 525.00 $$7 , (OFT7GNAL USE] PRIDR•AMOVNT ENCUMBERED FORTHIS AGREEMENT ITEM CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCVMBERED TO 3910-602-0100 817 - 1991 2008!2009 GATE 06JECT OF EXPENDITURE (CODE ANO T17LEj $87,525-00. 1 ooc-7s1 ao-7o2 1 hera6y'cer~ify upon my awn personal !cnowledge that budgeted funds aro avaliable T. B.0. NO. BR. NO. for the eriod and purpose of the expenditure stated above- SIGNATURE OF GwMa ACCOUNT WG OFFICER: DA i E kdOV 2 1 ZC03 ~S ~ ° ~~ • r 6 5-4 EXHIBIT A TERMS AND CONDITIONS USED OIL RECYCLING BLOCK GRANT PROGRAM Fiscal Year 20Q8/09 (Cycle 14) This grant may not lie funded unless the proposed Grantee meets the following two conditions: 1) The proposed Grantee must pay or bring current all outstanding debts or scheduled payments owed to the California Integrated Waste Management Board within ninety (90) days from the date of the grant award. 2) The proposed Grantee must complete, sign, and return the Grant Agreement within ninety (90) days from the date recorded on the Grant Agreement package's cover letter. The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise: "CIWMB" means the California ]ntegrated Waste Management Board. "Executive Director" means the Executive Director of the CIWMB or his or her designee. "Grant Agreement" and "Agreement" means all documents comprising the agreement between the CIWMB and the Grantee for this Grant. "Grant Manager" means the CIWMB staff person responsible fa• monitoring the grant. "Grantee" means the recipient of funds pursuant to this Agreement. "Program" means the Used Oil Recycling Block Grant Progranl. "State" means the State of California, including, but not limited to, the CIWMB and/or its designated officer. 1. The Grantee shall acknowledge the CIWMB's support each time projects funded, ACKNOWLEDGEMENTS in whole or in pall, by this Agreement are publicized in any medium, including, but not limited to, news media, brochures, or other types of promotional material. The acknowledgement of the CIWMB's support must incorporate the CIWMB logo and state "California Integrated Waste Management Board: Zero Waste- . You Make It I-Iappen!" Initials or abbreviations for the CIWMB shall not be _._.~_._ ___..__,.__...,_.___._.._.._._._.._._.used.-The-Grant-Manager_ma_y_approve_deviation.$.om this_pzescrjbed_land age -_ on a case-by-case basis where such deviation is consistent with the CIWMB's Communication Strategy and Outreach Plan. If, subsequent to this Agreement, the CIWMB adopts updated or new logos, slogans or language (language}, the Grant Manager may require the Grantee to include tlvs language in newly printed or generated materials. 2. ADVERTISING/ The Grantee shall submit copies of all draft public education or advertising PUBLIC EDUCATION materials to the Grant Manager for review and approval prior to the Grantee's production of materials. Unless omission of the following copyright designation is pre-approved in writing by the Grant Manager, all public education and advertising materials shall state: "© {year of creation} by the California Integrated Waste Management Board (CIWMB). AlI rights reserved. This publication, or parrs thereof, may not be reproduced without permission from CIWMB." 3. AIR OR WATER Under the State. [aws, the Grantee shall not be: POLLUTION VIOLATION a. In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an airpollution control district;___ _- Revised 5/7/08 -Entitlement T's & C's ~ 5-5 b. Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or c. Finally determined to be in violation of provisions of federal law relating to air or water pollution. 4. AMENDMENT No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. 5. AMERICANS WITH The Grantee assures the State that it complies with the Americans with DISABfUTIES ACT Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.) The Grantee by signing this agreement hereby certifies that if these services or 6. ANTITRUST CLAIMS goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust cIaitns contains the following definitions: 1}. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of __ the Clayton Act (I S U.S..C. Sec. I S) o_r under the Cartwright Act (Chapter 2 ~~~ (commencing with Section 16700) of Part 2 ofUi`vision 7 of the:Business ~-~-'~ and Professions Code), arising from purchases of goods, materials, ar services by the bidder for sale to the purchasing body pursuant to the bid. Such assio anent shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shalt, within oneyear _ Revised 5/7/48 -Entitlement T's & C's 5-6 from such demand, reassign the cause of action assigned under this part if the assignor lias been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 7. AssIGNMENT, a. This Agreement may not be assigned by the Grantee, either in whole or in SUCCESSORS AND part, without the CIWMB's prior written consent. ASSiG NS 6. The provisions of this Agreement shall be binding upon and inure to the benefit of the CIWMB, the Grantee, and their respective successors and assigns. H. AUDIT/RECORDS The Grantee agrees that.the CIWMB, the Department of Finance, the Bureau of Access State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which tnay arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to aliow.the designated representa±ive(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. 9. AUTHORIZED REPRESENTATIVE 1 O. AVAILABILITY OF FUNDS 11. CHILD SUPPORT COMPLIANCE ACT (You may find it helpful to share the Terms and Conditions and Procedures and Requiremetzts with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense loo paid warrants, contracts, change orders, invoices, and/or cancelled checks.] The Grantee sha}1 continuously maintain a representative vested with signature authority authorized to work with CIWMB on al] grant-related issues. The Grantee shall, at al[ times, keep the Grant Manager informed as to The identity -and-contaet in€ormatiomof-the authorized-representatives---------.--- ........:............____.__- The CIWiYIB's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. For any agreement in excess of $100,000, the Grantee acknowledges that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not Limited to, disclosure of information, and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 4 of the Family Code; and b. The Grantee, to the best of its knowledge, is filtly complying with the earnings assignment orders of ail employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Revised ~/7l08 -Entitlement T's & C's 5-7 Employment Development Department. 12. COMMUNICATIONS All communications from the Grantee to the CI WMB shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by E-mail, [etter, or FAX to the Grant Manager as identified in Exhibit B -Procedures and Requirements. If an original document is required, prepaid mail or personal delivery to the Grant Ivfanager is required following the E-mail or FAX. 13. COMPETITIVE The CIWMB encourages Grantees to use a competitive bidding process or to BIDDING require and maintain on file a written justification for any exceptions thereto, when contracting for services required under this Agreement. 14. COMPLIANCE The Grantee shall comply fully with all applicable federal, state, and local.laws, ordinances, regulations, and permits. The Grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The Grantee shall maintain compliance with such requirements throughout the,grant period. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. 15. CONFLICT OF The Grantee needs to be aware of the following provisions regarding current or INTEREST former state employees. If the Grantee has any questions on the status of any person rendering services or involved with this Agreement, the CIWMB must be contacted immediately for clarification. Current State Employees (Public Contracts Code (PCC) § 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. U. No officer or employee slialhcoiitract on fits of~heT"own behalf as an"" "`-" -"~-'--""--" independent contractor with any state agency to provide goods or services. Former State Employees (PCC § 10411): a. For the two-year period from the date he or she Left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in apolicy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service. If the Grantee violates any provisions of above paragraphs, such action by the Grantee shall render this Agreement void. (PCC § 10420). Revised 5/7/08-Entitlement T's & C's 5-8 16. CONTRACTORS/ Contractor: A person or entity that contracts with the Grantee to perform eighty SUBCONTRACTORSI percent (80%) or more of the work required by this Agreement, including, but vENOORS - not [imited to, any requirements imposed by the CIWMB. DEFINITIONS Subcontractor: A person or entity that contracts with the Grantee or Contractor to perform a portion (less than eighty percent [80%]) of the work required by this Agreement, including, but not limited to, any requirements imposed by the CIWMB. Vendor: A person or entity that contracts to set] goods; the sale of services is _ex~essly excluded from this definition. ________-________,___ 17. CONTRACTORS/ The Grantee will be entitled to make use of its own staff and such contractors SUBCONTRACTORS and subcontractors as are mutually acceptable to the Grantee and the CIWMB. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the Grantee shall notify the Grant Manager. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the CIWMB and any contractors or subcontractors of Grantee, and no agreement with contractors or subcontractors shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agt•ees to be as fully responsible to the CIWMB for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the CIWMB's obligation to make payments to the Grantee. As a result, the CIWMB shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor. 18. COPYRIGHTS AND a. To the extent the Grantee shall have the legal right to do so, Grantee TRADEMARKS shall assign to the CIWMB any and all rights, title, and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement, but which originated .from previously copyrighted or trademarked material. With respect to ail other copyrightable and trademarkable materials, the CT1~'MB shall ---• -- ---•_----------retain-anv.and-ail.-rights,~title_andinterests_to_aay_cop_ylightab~e_materiaf ~___._, or trademarkable material created or developed in whole or in any part as a result of this Agreement. These rights, both assigned and retained, shall include the right to register for copyright or trademark of such materials. Grantee shall require that its contractors and subcontractors agree that all such materials shall be the property of the CIWZvIB. The Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images or other materials owned, copyrighted or trademarked by third parties and fa• assigning such licenses, permissions, releases, or authorizations to the CIWMB pursuant to this section Copies of any licenses, permissions, releases or authorizations obtained pursuant for the use of text, images or other materials awned, copyrighted or trademarked by third parties shall be provided to the Grant Manager. Under unusual and very limited circumstances, whereto do so would not conflict with the rights of the CIWMB and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion written consent to the Grantee to retain all or any part of the Revised 5/7/Q3 -Entitlement T's & C's 5-9 ownership of these rights. b. The CIWMB hereby grants to the Grantee aroyalty-free, nonexclusive, nontransferable world-widelicense to reproduce, translate, and distribute copies of the copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on the Grantee's behalf. This license is limited to the copyrightable materials produced pursuant to this Agreement and does not extend to any materials capable of being trademazked. The following shall appear on all intellectual property used by Contractor pursuant to this license, solely for the purpose of protecting the CIWMB's intellectual property rights therein: "C~ {year of creation} by the California Integrated Waste Management Board (CIWMB). Lased pursuant to license granted by CIWMB. All rights reserved. Tlvs publication, or pazts thereof, may not be reproduced without permission." 19. CORPORATION When work under this Agreement is to be performed in California by a ouALlFieo ooiNC corporation, the corporation shall be in good standing and currently qualified to BUSINESS IN do business in the State. "Doing business" is defined in Revenue and Taxation - CALIFORftiA Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. 20. ~iscLAireER of .The CIWMB makes no warranties, express or implied, including without WARRANTY limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under tlvs Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced atone or in combination with other materials, equipment, services or products. No CIWMB employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall the CIWMB be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or _ produced with grant funds awarded under this Agreement__ ___ __ - 21. oiscRErtoNARY ~'""T ie xecutive ireC or sh`all'havz fhe`righf~t`o terminat"z tfiis`A^rezment~arlus-or~"~""'- TERMtNATION her sole discretion at any time upon thirty (30) days written notice to the Grantee. Within forty-five (45) days of receipt of written notice, Grantee is required to: a. Submit a final written report describing all work performed by the Grantee; b. Submit an accounting of all grant funds expended up to and including the date of termination; and, c. Reimburse the CIWMB for any unspent funds. 22. oisauri=_s Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 23. DRUG-FREE The person signing this .Agreement on behalf of the Grantee certiftes under WORKPLACE penalty of perjury under the laws of California, that the Grantee will comp}y with CERTIFICATION the requirements of the Drug-Free Workplace Act of 1990 (GC § 8350 et seq.) and will r~ovide a drug-free workplace by taki~ the following actions;__ Revised 5/7/OS -Entitlement Ts & C's 5-10 a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. b. Establish adrug-free awareness program to inform employees about all of the following: (1) the dangers of drug abuse in the worldlace, (?) the Grantee's policy of maintaining adrug-free workplace, (3) any available counseling, rehabilitation, and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. c. Require that each employee who works on the grant: (1) receive a copy of the drug-free policy statement of the Grantee, and (2) agrees to abide by the terms of such statement as a condition of employment on the grant. 24. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties. AGREEMENT , 25. ENTIRE ~ ThiS Agreement supersedes all prior agreements, oral or written, made with AGREEMENT respect to the subject hereof and, together with ail attachments hereto, contains the entire Agreement of the parties. 26. ENVIRONMENTAL In the performance of this Agreement, the Grantee shall conduct its programs, JUSTICE policies, and activities that substantially affect human health~or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State. 27. FAILURE TO The CIWMB will benefit from the Grantee's full compliance with the terms of PERFORm As this Agreement only by the Grantee's: REQUIRED BY THIS a. Investigation andlor application of technologies, processes, and devices AGREEMENT which support reduction, reuse, andlor recycling of wastes; or b. Cleanup of the environment; or _., _`___________ __.____~ __ __ c., Enforcement of solid waste statutes and regulations, as applicable. _~u~~ Therefore, the Grantee shall be in compliance with this Agreement only if the work it oerforms results in: a. Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste; or b. The cleanup of the environment; or c. The enforcement of solid waste statutes and regulations, as applicable. If the Grant Manager determines that the Grantee has not complied with the Grant Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the CIWMB, including, but not limited to, the ten percent (10%) withhold. 28. FORCE MAJEURE Neither the CIWMB nor the Grantee, its contractors, vendors, or subcontractors, _._.. if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default; or nonperformance is caused by an act of God weather accident, labor strike, fire, explosion, riot, war, Revised 5/7/08 - Enudemerc T's & C's 5-11 rebellion, sabotage, flood, or other contingencies unforeseen by the CIWMB or the Grantee, ins contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 29. FORFEIT OF GRANT If grant funds are not expended, or have not been expended, in accordance wi#h FUNDS/REPAYMENT OF this Agreement, or if tea] or personal property acquired with grant funds is not FUNDS IMPROPERLY being used, or has not been used, for grant purposes in accordance with this EXPENDED Agreement, the Executive Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the CIWMB any funds improperly expended. 30. GENERALLY The Grantee is required to use Generally Accepted Accounting Principles in ACCEPTED documenting all grant expenditures. ACCOUNTING PRINCIPLES _ -----------.-----...----_-- -- 31. GRANT MANAGER'S The Grant Manager does not have the authority to approve any deviation from or AUTHORITY revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B). 32. GRANTEE The Grantee is ultimately responsible and accountable for the manner in which ACCOUNTABILITY the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the CIWMB, the Grantee is responsible for repayment of the funds to the CIWMB. 33. GRANTEE'S The Grantee agrees to indemnify, defend and save harmless the State and INDEMNIFICATIONAN6 the.CIW1v1B, and their officers, agents and employees from any and all DEFENSE OF 7HE claims and losses accruing or resulting to any and all contractors, STATE subcontractors, suppliers, laborers, and any other person, firm or .__ ___-___,~-`~___•___,__ ___-_,_____ corporation furnishing or supplying_worlc services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and Losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Agreement. 34. GRANTEE'S NAME A written amendment is required to change the Grantee's name as listed on this CHANGE Agreement, Upon receipt of legal documentation of the name change, the CIWMB will process die amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. 35. NO AGENCY The Grantee and the agents and employees of Grantee, in the performance of this RELATIONSHIP Agreement, shall act in an independent capacity and not as officers or employees CREATEDI or agents of the CIWMB. INDEPENDENT oCAPACITY Revised 5/7(08 -Entitlement Ts & C's 5-12 36. NO WtAIVER OF The CIWMB shall not be deemed to have waived any rights under this RIGHTS Agreement unless such waiver is given in writing and signed by the CIWMB. No delay or omission on the part of the CIWMB in exercising any rights shall operate as a waiver of such right or any other right. A waiver by the CIWMB of a provision of this Agreement shall not prejudice or constitute a waiver of the CIWMB's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by the CIWMB, nor any course of dealing between CIWMB and Grantee, shall constitute a waiver of any of CIWMB's rights or of any of Grantee's obligations as to any future transactions. Whenever the consent of the CIWMB is required under this Agreement, the granting of such consent by the CIWMB in any instance shat( not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the CIWMB. 37. No N- During the performance of this Agreement, Grantee and its contractors shall not DISCRIMINATION unlawfully discriminate, harass, or allow harassment against any employee or CLAUSE applicant for employment on the bases enumerated in Government Code §§ 12900 et seq. 38. OWNERSHIP OF The State shall have separate and independent ownership of all drawings, design DRAWINGS, PLANS, plans, specifications, notebooks, tracings, photographs, negatives, reports, AND SPECIFICATIONS findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with grant funds. Copies thereof shall be delivered to the CIWMB upon request. Grantee agrees, and shall require that its contractors, subcontractors, and vendors agree that the S±ate shall have the full right to use said copies in any manner when and where it may determine without any claim to additional compensation. 39. PATENTS The Grantee assigns to the CIWMB all rights, title, and interest in and to each invention or discovery that may be capable of being patented, that is conceived of or first actually reduced to practice in the course of or under this Agreement, or with the use of any grant funds. Such assignment shall include assignment of any patents registered with the United States Patent and Trademark Office. Grantee further agrees to cooperate with and assist the CIWMB in the - - - --- ----~-----------°----- re aration of-an atent-a - hcation:-Under-certain-unusual-and ue _ limited..._...__ _.._~__ P P Y-P PP ~ '~'- circumstance, where to do so would not conflict with the rights of the CIWMB and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. a, Upon execution of this Agreement by both parties, the CIWMB may 40. PAYMENT advance grant funds to Grantee provided that Grantee, in the sole discretion of the Executive Director, qualifies for such advance payment and has satisfactorily complied with the applicable requirements contained in this Grant Agreement Package. The C[WMB may elect not to advance payment if Grantee has not satisfactorily complied with the applicable terms and conditions of previous grants and/or does not meet other threshold requirements identified in the Procedures and Requirements (Exhibit B). b. All expenditures must be directly related to the tasks identif=.ed in the Procedures and Requirements (Exhibit B). c. Upon receipt of grant finds, the Grantee shall deposit and maintain until - expended all grant funds in an interest bearing account in a federally insured _ Revised 5/7/08 - Enfitlement T's & C's 5-13 financial institution. All interest accrued and received from this account must be used for eligible expenses related to the performance of this A,eement. Interest funds must be accounted for in all grant reports. All unused interest funds must be returned to the CIWMB at the end of the grant term. d. Ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. e. Lodgings, Meals and Incidentals: Unless otherwise provided for in this Agreement, Grantee's Per Diem eligible cosu are limited to the amounts authorized in the California State Administrative Manual (contact your Grant Manager for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in Exhibit B. 41. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specif ed in the Procedures and Requirements (Exhibit B). 42. REAL AND a. All real and personal property, including equipment and supplies, acquired PERSONAL PROPERTY with grant funds shall be used by, the Grantee only for the purposes for which ACQUIRED WITH GRANT the CIWMB approved their acquisition for so long as such property is FUNDS needed for such purposes, regardless of whether the Grantee continues to receive grant funds from the CIWivIB for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which the CIWMB approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California. b. Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the Grantee.. The `-`--~""--"`"-~"---~"-~"-"-`Gra"-nteeshaTl~e~ec`uteall`8ocumz=nts7ezluirzd-tapravidethe-CYWjVIB-with-a""--- --°---- purchase money security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that the CIWMB shall be in first priority position with respect to the purchase money security interest on any such property acquired with the grant funds, unless pre-approved in writing by the Grant Manager that the CIWMB will accept a lower priority position with respect to the purchase money security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring addiiiona] funding to complete the property purchase of this grant condition. c. The Grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of the CIWMB. d. The CIWMB will not reimburse the Grantee for t,5e acquisition of equipment that was previously purchased with CIWMB grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manazer. In the event of a question concerning the eligibility of Revised 5/7/08 -Entitlement T's & C's l0 5-14 equipment for grant funding, the burden will be on the Grantee to establish the pedigree of the equipment. 43. RECVCt_ED- The Grantee shall certify the minimum, if not the exact, percentage of CONTENT postconsumer and secondary material in the products, materials, goods, and CERTIFICATION supplies purchased with grant funds. This certification shall be provided to the CIWMB on the Recycled Content Certification Form (CIWMB 74G) available at www.ciwmb.ca.gov/Grants/Forms/CIWMB074. pdf. 44. RECVCtED- All documents submitted by the Grantee must be printed double-sided on CONTENT PAPER recycled-content paper containing one hundred percent (100%) post-consumer fiber. Specific pages containing photographs or other ink-intensive graphics may be printed on photographic paper. 45. RECVC~ED- In the performance of this Agreement, for purchases made with grant funds, the CON7EN7 PRODUCT Grantee shall purchase recycled-content products (RCP), as defined by the State PROCUREMENT ~ Agency Buy Recycled Campaign (SABRC) minimum recycled content requirements see vnctiv.ciwmb.ca.go~~'BuyRecyclecL'StateA~ene~;:'. If the Grantee cannot purchase RCPs, the Grantee must document why it was unable to comply with this requirement and request written pre-approval from its Grant Manager to deviate from this policy.. 46. REDUCTION OF In the performance of this Agreement, Grantee shall take all reasonable steps to WASTE ensure that materials purcliased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the aniount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. 47. REDUCTION OF Unless otherwise provided for in this Agreement, in the performance of this wasTE TIRES Agreement, for all purchases made with grant funds, including, but not limited to, equipment and tire-derived feedstock, the Grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of"final payment under this Agreement; the Grantee`must-provide--"•-- •- documentation substantiating the source of the tiro materials used during the performance of this Agreement to the Grant Manager. 48. REMEDIES Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 49. RESOLUTION A county, city, district, a• other local public body must provide the CIWMB with a copy of a resolution, order, motion, or ordinance of the local governing body, . which by la~v has authority to enter into an agreement, authorizing execution of this Agreement and designating the job title of the individual authorized to sign on behalf of tl~e local public body. Revised 5/7/08 - En'idement T's & C's 11 5-15 50. SELF ASSESSMENT The Grantee shall submit with its Final Report a completed and signed Self CHECKLIST Assessment Checklist form, which is designed to aid the Grantee and the CIIVMB in measuring compliance with grant administrative requirements. 51. sevERAS~uTY If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. 52. sITE access The Grantee shall allow the State to inspect sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. 53. sroQ woRK Immediately upon receipt of a written notice from the Grant Manager to stop NOTICE work, the Grantee shall cease all work under this Agreement. a. All Grantees contracting for the procurement or laundering of apparel, S4. SWEATFREE CODE garments or corresponding accessories, or the procurement of equipment, OF CONDUCT taterials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies obtained with Grant funds have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that it adheres to the Sweatfree Cade of Conduct as set forth on the California Department of Industria{ Relations website located at www'.dir.ca.~ov, and Public Contract Code Section 6108. -- ---------~-W--~------~------•--b--The Gr-antee-agrees-to-cooperate-full-y-in-providing-reasonable-access_to_the_,.~.....-~__..._ Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the CIWMB or its agents, the Department of Industrial Relations, or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph 55. TERMINATION FOR The CIWMB may terminate this Agreement and be relieved of any payments cnusE should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the CIWMB may proceed with the work in any manner deemed proper by the CIWMB. All costs to the CIWMB shall be deducted from any sum due the Grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the Grantee of any funds retained pursuant to the CIWMB's ten percent (10%) retention policy. Revised 5/7!08 -Entitlement T's & C's 12 5-16 $6. TIME IS OF THE Time is of the essence of this Agreement. ESSENCE 57. POLLING OF The statute of limitations for bringing any action, administrative or civil, to STATUTE of enforce the terms of this Agreement or to recover any amounts determined to be uMiTATioNS owing to the C1WMB as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any apoeals by the Grantee to the Executive Director and/or the Board. 58. UNION ORGANIZING By signing t11is A,eement, the Grantee hereby aclc*towledges the applicability of Government Code §§ 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: a. No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. b. If the Grantee makes expenditures to assist, promote, or deter union organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 59. UNRELIABLE LIST Prior to authorizing a contractor(s) to commence work under this~Grant, the Grantee shall submit to the CIWMB a declaration from the contractor(s), signed under penalty of perjury, stating that within the preceding three (3} years, none of the events listed in Section t 7050 of Title 14, California Code of Regulations, Natural Resources, Division r, has occurred with respect to the contractor(s). See www.ciw~mb.ca.mow!Re<xulations!Titlel=l.'ohLhtm4chta5. If a contractor is placed on the CIWMB Unreliable List after award of this Grant, the Grantee may be required to terminate that contract. 60. VENUE/ CHOICE OF a. All proceedings concerning the validity and operation of this Agreement and ~'^r the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. b. 'The laws of the State of California shall goverri all proceedings concerning the validity and operation of Phis Agreement and the petformance of the """~'""~"'"-"~`~~"""-" obligations imposed upon the parties hereunder. 61. WAIVER OF CLAIMS The Grantee agrees to waive all claims and recourse against the State, its AND RECOURSE of$cials, officers, agents, employees, and servants, including, but not limited to, AGAINST THE STATE the right to contribtrtion for loss or damage to persons or property arising out of, resulting frotn, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant fo, or as a result of, this Agreement. 62. WORK PRODUCTS The Grantee must provide the C1WMB with copies of all printed materials and photographs of all other final products paid for with Grant funds. Physical copies of the final product shall be provided upon request of the Grant Manager. Revised 5/7/08 -Entitlement T's & C's 13 5-17 63. woRxERS' The Grantee is aware of Labor Code section 3 X00, which requires every COMPENSATION/LABOt2 employer to be insured abUainst liability for Worker's Compensation or to CODE undertake self-insurance in accordance with the Labor Code, and the Grantee affirms to comply with such provisions before commencing the performance of the work of this A~eement. Revised 5/7/08 -Entitlement T's & C's 14 5-18 ~ ..a. ~ I O ~~~ a ry' i-.6 ~ C V ~ 1L.. ~ l V 6 ®~ i1 ~® V ~ '~¢Sf (.IirriClCC (]A FOrClt " ° =~: ',,'~; OFFice of the City ManaJer :~_tMe. .~-~;:~, '~:.,. May 22, 2008 Corky Mau Branch Manager, Grant & Lcan Resources California lntegrated Waste Management Board 1001 I Street P_O. Box 4025 Sacramento, CA 95812-4025 Re: Letter of Authorization, FY 2008-09 Used Oil 61ock Grant Program (Cycle 14) Dear Ms. Mau, The City of Leman Grove authorizes the City of Chula Vista to submit a regional application, acting as lead jurisdiction on our behalf, to the California lntegrated Waste Management Board for the FY 2008-09 Used Oii Block Grant Program (Cycle 14} funding, In addition, the City of Lemon Grove authorizes the City of Chula Vista to execute al! grant documents necessary to secure grant funds and to implement the approved grant program. Sincerely, n ,~,~ Graham Mitchell City Manager 3232 Main Screec Leman Grove California 91945-1705 Gt9.825.3800 FAX: 619.825.3804 www.ci.lemon-grove.ca.us ~~ 5-19 ~ CALiFORN1A °~ ~ '4( ~'r r rr NC'D,RPURATE" - May 27, 2008 Corky Mau Used Oil Block Grant Program California Integrated Waste Management Board 1001 I Street P.O. Box 4025 Sacramento, CA 95812-4025 Re: Letter of Authorization, FY 2008-2004 Used Oil Block Grant (Cycle 14) Program Dear Ms. Mau The City of National City authorizes the City of Chula Vista to submit a regional application an its behalf to the California Integrated Waste Management Board for the FY 2008-09 Used Oil Block Grant (Cycle 14) Program Funding. In addition, the City of Chula Vista is authorized to execute all grant documents necessary to secure grant funds and implement the approved grant program. Sincerely, ,~ Joe Smith Public Works Director 5-20 The City of Iynpet~ial Beach ~' .: `'~, ,~`'~ ., , ;,;~;,:: (619) 423-8311 (619) 429-4861 Fax PUBLIC WORKS 825 IMPERIAL BEACH BOULEVAR©• IMPERIAL BEACH, CALIFORNIA 91932 June 5, 2008 Corky Mau Branch Manager, Grant & Loan Resources Califomia Integrated Waste Management Board 1001 I Street P.O. Box 4025 Sacramento, CA 95812-4025 Re: Letter of Authorization, FY 2008-09 Used Oil Block Grant Program (Cycle 14) Dear Ms. Mau: The City of Imperial Beach authorizes the City of Chula Vista to submit a regional application to the Califomia Integrated, Waste Management Board for the Used Oil Recycling Block Grant #I4, Fiscal Year 2008-09 on its behalf. The City of Chula Vista is hereby authorized and empowered to act as lead jurisdiction on our behalf, aad to execute all grant documents necessary to secure grant funds and implement the approved grant program. Sincerely, H.A. (Hank) Levien Public Works Director City of Imperial Beach cc. Gary Brown Lynn France, City of Chula Vista 5-21 ~`S/~ o .~.~..~. c~ of ~6~t1J~~~•~ OFFICE OF THE CITY MANAGER June 19, 2007 California Integrated Waste Management Board ATTN: Abbi West Grants Administration Unit, MS 19A 1001 "I" Street Sacramento, CA 9581-4025 RE: Signing Authority far Household Hazardous Waste, Used Oil Grants and Other Related Grants Dear Members of the Board: As the City Manager of the City of Chula Vista, I have given signing authority to Lynn France, Environmental Services Program Manager for the City of Chula Vista, as my designee for Household Hazardous Waste; Used Oil and other related grants as defined in the attached City Council Resolution No. 2005-187 through June 30, 2009. Ms. France is authorized and empowered to execute in the name of the City of Chula Vista, all grant documents necessary to secure grant funds and implement approved projects relative to Used Oil Grants and Household Hazardous Waste Grants. If you have any questions, piease contact me directly at (619} 691-5031. David R. Garcia City Manager Enclosure: Council Resolution No. 2005-187 J:Vldmin5up\DAVID GARCIA\CIWMB Grant Si ri Aushorny Ltr.doc 276 FOURTH AVENUE • CHU~A~tSTA • CALIFORNIA 91910 • (619) 691-5031 • (619) 409-5884 Pp;;•Ca-aumo Rcc~ptctl Papa 5-22 ,~. ~T~ACtENT' ti RESOLUTION No. 2447-244 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO BE THE LEAD AGENCY IN THE SOUTH BAY REGIONAL. HOUSEHOLD HAZARDOUS WASTE PROGRAM, AUTHORIZING THE SUBMITTAL OF GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE . MANAGEMENT BOARD, AN~3 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECU-RE GRAM' FL-NDS AND IlviPLEMENT THE APPROVED GRANT PROTECTS ON BEHALF OF THE CITY OF CHULA. VISTA AND PARTICIPATII3G TURISIDICTIONS WHEREAS, on Tune 7, 2005, p}~rsLnt to Resolution No. 2045-187, the City Council, authorized the submittal of grant applications to the California Integrated Waste Management Board (Waste Board) for all available grants under the California OiI Recycling Enhancement Act (Used Oil) and all available household hazardous waste (f~IW) grants through Tune 30, 2009; and WHEREAS, pursuant to Resolution No_ 2045-187, the City Council also authorized the City Manager to execute all grant documents necessary to secure grant funds and implement approved projects relative to the Used Oil Grants and the HHW Grants; and WHEREAS, in Tune 2007, the Ciry has submitted a grant application to the Waste Board requesting $300,000 for electronics, batteries, fluorescent light bulb and sharps/syringe waste collection events for the South Bay Regional Household Hazardous Waste Program (SBRHHWP), pursuant to the authorization granted by Resolution No. 2005-187; and ___._ __ WHEREAS, the SBRHHWP is comprised of the Cities of Chula Vista, Imperial Beach, _~_._~__..._..~__.~--.---.~~_._..._ .._..___W~._,-..._____._..~_.~__._..._____.. ~._._.._W__...___~..______ and National City, and WHEREAS, the Waste Board has requested that the City act as lead agency for the SBRHHWP; and WI-IDREAS, staff is asking for an e~ctension of the date for the submittal of grant applications to the Waste Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it authorizes the City of Chula Vista to act as Lead agency for the South Bay Regional Household Hazardous Waste Program. 5-23 Resolution No. 2007-204 Page 2 2. That it authorizes the submittal of g}~ant applications to the California Integrated Waste Ma-iagement Board for all available grants under the California OiI Recycling Enhancement Act and all available Household Hazardo~.s Waste grants for the period of five years, not to exceed Tune 30, 2012. 3. That it authorizes the City Manager, or designee, to execute all grant documents necessary to secure grant funds and implement the approved grant projecLS. Presented by Approved as to form ~ ~~~~ ~{ 1 ck Gn Ann Moore G S 'c hector City Attorney PASSED, APPROVED, and ADOPTED by the Ciry Council of the City of Chula Vista, California, this 7th day of August 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann; Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT; Councilmembers: Nane Cheryl Cox, ayor ATTEST: Susan Bigelow, M~1C, Ci~Clerk STATE OF CALIFORNIA } COUNTY OP SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution Na. 2007-204 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of August 2007. Executed this 7th day of August 2007. ` Susa-*z Bigelow, hiMC, City erk 5=24 RESOLUTION 2009- RESOLUTION OF THE CITY COUiVCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $87,52 N UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLNG PROGRAM FROM THE CALIFORiNIA NTEGRATED WASTE MANAGEMENT BOARD'S USED OIL RECYCLING BLOCK GRANT FOR 2009-2010, 14TH CYCLE AND AMENDING THE FY 2010 WASTE MANAGEMENT AND RECYCLING BUDGET WHEREAS, the California Used Oil Enhancement Act (1999) [Act] requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers; and ~~q-IEREAS, Chula Vista consumers pay four cents per quart into the fund when they purchase oil; and WHEREAS, the Act mandates that the California Integrated Waste Management Board [CIWMB] use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling; and WHEREAS, Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach, National City and Lemon Grove; and WHEREAS, the scope of work for this grant is a "regional" program that includes the cities of Chula Vista, Imperial Beach, National City and Lemon Grove; and WHEREAS, the program targets regional watershed protection issues that affect all the cities that share the South Bay watershed; and WHEREAS, the primary purpose of this block grant is to provide alternatives to illegal disposal of used motor oil through a network of collection opportunities and outreach efforts designed to inform and motivate the public to recycle used oil; and WHEREAS, this grant will provide continued technical assistance and new supplies for approximately thirty (30) free used oil recycling drop-off centers and curbside collection programs in Chula Vista, Imperial Beach, National City and Lemon Grove; and WHEREAS, the public education component will allow the City to continue to provide advertising, portable displays, point of purchase displays, the Used Oil Hotline, billing inserts, bottles, funnels, or drain pans; and 5-25 WHEREAS, this will also allow staff to have a booth at the various car shows, public events, and auto part stores throughout the South Bay, reaching out to our target audience, the "Do It Yourselfers." NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept and appropriate $87, 2~2 in unanticipated revenues awarded to the City of Chula Vista, as the lead agency for the South Bay Used Oil Recycling Programs, from the California Integrated Waste Management Board's Used Motor Oil Recycling Block Grant for 2009-2010, 14`h Cycle. BE IT FURTHER RESOLVED that the City Council does hereby amended the FY 2010 Waste Management and Recycling Fund Budget. Presented by Approved as to form by /'. ^\ 1 / i 1 , ' ' • `/ Richard Hopkins ~ art: ie ~ e Director of Public Works ~-f?~ty Attorney 5-26 ITY COUNCIL STATEMENT CITY OF ~`~` CHULAVISTA 03/17/2009 Item ITEM TITLE: RESOLUTION OF THE CITY COU`1~1CIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD PREPARATION AND DELNERY SERVICES AGREEMENT TO A.~:AMARK CORRECTIONAL SERVICES, LLC AN-D AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUBMITTED BY: CHIEF OF POLIO REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES X NO SUMMARY The Police Department, with the assistance of the Purchasing Division, has completed the evaluation of proposals received for Food Preparation and Delivery Services (RFP 04- 08/09) for the Chula Vista Police Department City Jail. Adoption of the resolution accepts proposals, awards the agreement to Aramark Correctional Services, LLC and authorizes the Mayor to execute the agreement. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 1378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 1~060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECONLNIENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 6-1 03/17/?009, Item /~ Page 2 of 4 DISCUSSION Pursuant to Section 2.56 of the Chula Vista Municipal Code, a Request for Proposal (RFP) was issued for food preparation and delivery services to the Police Department City Jail. The RFP outlined the purpose,. period of coverage, response instructions, minimum qualifications, scope of services and general terms/conditions. On September 26, 2008, a public notice was advertised in the Star News regarding this request for proposal, and advertised electronically at www.planetbids.com with a proposal submittal deadline of October 10, 2008. Additionally, six companies in thz food preparation and delivery business that potentially qualify for the requested services were contacted, and three companies expressed interest. Only two companies, Peartrees Catering, Inc. and Aramark Correctional Services, LLC responded to the RFP by submitting proposals. Two pre-bid meetings were held on September 22nd and 29d', 2008, at the Chula Vista Police Department. Only Aramark Correctional Services, LLC attended the pre-bid meetings. These pre-bid meetings were held to ensure potential vendors had all of the correct information to make an informed decision when submitting a proposal. The qualification and selection process involved a thorough proposal review to determine if the proposal conforms to the solicitation and if the proposal is considered to be in the best interest of the City, with price, experience and service delivery being considered. Based on this evaluation, the Police Department recommends awarding Aramazk Correctional Services, LLC for the food preparation and delivery services to the Police Department City Jail. The proposal from Aramark Correctional Services, LCC offered substantially reduced meal costs. Additionally, Aramazk Correctional Services, LLC has . over 30 years of experience in the food preparation and delivery business, and all responses complied with the scopes of services outlined in the RFP. Aramazk Correctional Services, LLC currently provides food services at 11 other City Jails in the Los Angeles region. In addition, Aramark Correctional Services, LLC currently manages over 500 correctional facilities across the country. Aramark Correctional Services, LLC maintains memberships in: American Correctional Association American Jail Association National Sheriff s Association American Correctional Food Service Association National Juvenile Detention Association On December 11, 2008, a notice of intent to awazd was sent to Aramark Correctional Services, LLC. 6-2 This food preparation and delivery services agreement covers beginning approximately March 23rd, 2009 through March 23rd, extended, by mutual consent, for five additional one-year periods. 03/17/2009, Item lU Page 3 of 4 a two-year period 2011 and may be Aramark Correctional Services, LLC will provide prepackaged inmate meals to the Chula Vista City Jail three times a week (or as needed). Aramark will provide the City Jail with a freezer and portable oven at no cost. All hot meals will be heated by Jail Staff. Each meal will be prepared to the standards of the Chula Vista City Jail, as well as the standards of the Food and Nutrition Board and Titles 1 ~ and 24 of the California Code of Regulations. CONTRACT COiYIPARISONS The price difference between both food vendors is significant. Peartrees Catering, Inc. proposed continuing their existing contract with the City by delivering meals three times a week (a reduction from the daily delivery process). Peartrees Catering, Inc. bid reflects new pricing increases. Aramark Correctional Services, LLC proposed delivering less frequently based on a jail inmate average count and provide frozen meals to be cooked and refrigerated meals to be served cold. The frozen meal would be cooked by jail staff, once a day at dinner time. Breakfast and lunch would be served cold from the refrigerator. W1ule the City and Peartrees Catering, Inc. have a good' standing business relationship, the City cannot overlook the substantial savings by contracting with Aramark Correctional Services, LLC. Table 1 demonstrates that by using Aramark Correctional Services, LLC, the total daily cost of food per prisoner is cut in half. Table l X4 ~!i i 'y K~ L"J"'e. SP Y' ~'~ a1~S-l t F~'~~./ $., tray ~~^ .~^~.. awes-.-~. _ .&_<'w2r cyw $.N +Y 4,+u ~rv '~' c -i^"'r ~'y'3l'f_~8t~~aif~-z:" >Y.~.,.-.^..~.3__...,W-.-..~ y„ „~,.~~yy~,K 'T 'M1LF r.~s"{~. 8f ~ I~•`~~ Y~'T~fi+~c5 "S„'~a'K 2("",~c i~''~e, ..L..---«•......c~s~.,~.....-s.~.,.. ~..,+..,., e-~+..t.,c Breakfast $3.00 $2.73 Lunch $3.26 $2.73 Dinner ~ $6.50 ~ $2.73 Drinks ~ $0.60 ~ Included in Price Fruit' ~ $0.6~ Included in Price Total Daily per Prisoner $15.20 $8.19 Mille or fruit juice, served with each meal '- Served with Lunch 6-3 03/17/2009, Item Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member Steve Castaneda has property holdings within X00 feet of the boundaries of the property which is the subject of this action. FISCAL LvIPACT Costs for food preparation and delivery sen•ices to the Police Department Holding Facility are already included in the Police Department's budget. Therefore, there is no additional fiscal impact to the General Fund by awarding this agreement. The total value of this contract will be approximately $220,000 for the first two years of the contract, depending upon the number of prisoners held at the Chula Vista City Jail during this period. In 2007, approximately 13,30 breakfasts, lunches and dinners were served at the Chula Vista City Jail for an estimated annual total of 40,00 meals. Based upon the RFP submissions, by using Aramark Correctional Services, LLC, the City Jail will save approximately $93,84 each year in anticipated food costs (see Table 2 below). Table 2 S'z.~„ 'ar R^f,4 ~» 4.{ yT .c- o,Tv' ~t2 `~5 ~ ~"h i~ s t i '(3~ S s ~ nom. °` a.,4'"AS .C..f T f JS / R'.1C ~L 5 Y STS 5 f t a 3 y Ei +4 .xi 1..,yC^ls _a ird'cj^Y~[,'~.4 ~ y~ BSc .as / ~e a~..; ~. , 3 # ~ '~ i,J'.. .,-'F„ ~- 5F.' Y^."' 'C$ i> i a, b: ~ w.. A E t'? i ~a+-a ~- " " ~-'~a'i:+M.<'^ ti S J 'S XzS AL~~~b .. °`.. n..~ ' '~ ~" ~ 4^ ~ y~;9 3". CKr -n"~$yp~"~'~°.~'•.<a ~f _' 1 ~I I i i ~ h x..~.-.t.-s-^^- `^- ~"., . 1. 6 < .q.s ~ r'E t [Fy.,.~ 1rt ..,..t s(µn~, 9 )~ ~ ~}."R s 3' wz "~~ ~ +~ ~r ~ ~.e .:,A, 4~ ~ ~ d ~ { `S ~ '~^.-tFM~+'~ "~( E k 4t..Q°~~Tr .~-"" -S ~, R Jn '~ ~i."..ck #'`.3f E~s{ "' ~ h , -~,'~"„t r ~.r .-~';,y}`..^ '"'.iyn q~~t""s9 'ems 5. ~J°t i" 4 s ~ ,4w_. ~ . ~,,ti• .,~ ~ 1 v ~ ~.,:~y~k.~ It~YS~~SI $.vr~ '? E e' i ~ x .aw-sy, t P~.,[ "~" t_.(y ~ ~iy '.' L.° i f ~ w ~{ L f .M '#°^.y,~ r ~ .3 `.'. ~'~ x ! .LL'' { x „tr' r ~r ~ ,"~f ~ k l ~ §I„-..yam ~~°4L~.§g mx. ~ ;i -4 ~'? $ ~+ V '• u , *° S' T''.~..~s ^-° ~ b ~• 7.•sy~+s~`:.3`:'~ ~ °" ` `5j ` ec ~~.+. 4'~i & t x'^ +~ _ ~ aY rta r' ' +. , j~ a .-,-. m.?-;. "' • ...R. °i a ^Y "J iyYS> rs~"'s'a $ )'z..,t -~+,'. ~.~ ~ i. k i ~' ~a a ,. 1w+ "rU. Ko L -. at+_w- v~~ ~ k~' @ ~"~ ~s ' " s +s 7 € S 'a ~ a e ~aw ».;~ 'c~ a ~..R~~wd~x s ~.~ i`~s rt*, e~ „~.x "~ .~ ~.[a,~."~ ..;~..dd X4.1 ~Y r~ry~+^ $ K~: h ~ ~ .] ~ .?.,«...-ea--~:h.a..,,«, x ¢ a ~ ,y .a fl~~.•.. ..ad...JX-d...a°t-3~..: . ~„,.e,,. . _ A .. Y.S4« 5a.nh >s~.«.~ .d:=n. . * . jnti ;`T,e..a~..-.a..-...s. .. I, Breakfast 13,30 $3.00 $40,00 $2.73 $36,446 Lunch 13,30 $3.2~ $43,388 ~ $2.73 $36,446 Dinner li,3~0 $6.~0 ~ $86,77) ~ $2J3 $36,446 Drinks' 40,00 l $0.60 $24,030 Included in N/A Price Fruit 13,350 $0.65 $8,678 Included in N/A Price Total Dail ~'~'~ : ~~'~` 20 $15 921 ~ $202 $8.19 8109,337 - , . , All food prices include all utensils, preparation and delivery to the City Jail. Food is served every day throughout the year. As part of the contract, Aramark is including two freezers and a heating oven, which will become the property of the City of Chula Vista after the end of the original two year agreement. ATTACHIVIENTS Agreement with Aramark Correctional Services, LLC. Prepared by: Edward Chew, Administrative Services Manager, Police Department ' vlilk or fruit juice, served with each meal Served with Lunch 6-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO ARAMARK CORRECTIONAL SERVICES, LLC AND AUTHORIZNG THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, pursuant to Section 2.~6 of the Chula Vista Municipal Code, a Request for Proposal (RFP) was issued for food preparation and delivery services to the Police Department Jail; and WHEREAS, a public notice was advertised in the Star News regarding this Request for Proposal on September 26, 2008, and advertised electronically at www.planetbids.com with a proposal submittal deadline of October 10, 2008.; and WHEREAS, six companies in the food preparation and delivery business that potentially qualify for the requested services were contacted, and three companies expressed interest; and WHEREAS, two companies responded to the RFP by submitting a proposal; and WHEREAS, the qualification and selection process involved a thorough proposal review to determine if the proposal conforms to the solicitation and if the proposal is considered to be in the best interest of the City; and WHEREAS, the Police Department recommends awarding a contract for food preparation and delivery services to Aramark Correctional Services, LLC; and WHEREAS, the contract will be for a two year period and may be extended, by mutual consent, for five additional one-year periods. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the proposals and approve the food preparation and delivery services agreement with Aramark Correctional Services, LLC, a copy of which shall be kept on file in the office of the City Clerk; and staff is authorized to extend the contract for up to five additional one-year periods.- 6-5 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the said Agreement on behalf of the City of Chula Vista. Presented by: Richard P. Emerson Police Chief Approved as to form by: G` ~Ed~l~ f' p~ z 4 Bart Miesfeld ~ayc. ~~tc..~ Ciry Attorney 6-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL C~ fPvz`~ Bart C. esfeld City Attorney Dated: 3 ~ ~ ~ y~ Operating Agreement Between The City of Chula Vista and Aramark Correctional Services, LLC 6-7 OPERATI~i 1G AGREEMENT THIS AGREEMENT is made on this ITj-,V'1 ~ _~__ day of, 2009, by and between the City of Chula Vista, a municipal corporation having its principal place of business located at 276 Fourth Avenue, Chula Vista, California 91910, and ARA_VLARK Correctional Services, LLC, a Delaware limited liability company, having its principal place of business located at the AItA!vIARK Tower, 1101 Market Street, Philadelphia, Pennsylvania 19107 ("ARAiVIARK"). RECITALS WHEREAS, City is a public entity organized and existing pursuant to the Charter and the Constitution of the State of California. WHEREAS, City provides prisoners of its jail facility food services and desires to engage the services of ARANIARK to render food services to the City's prisoners and staff on the terms and conditions provided in this Agreement. WHEREAS, ARAM.4RK is duly licensed to provide food services in the State of California and desires to render such services for the City as provided herein. WHEREAS, ARAMARK further warrants that it is experienced and capable of performing the tasks hereunder in a professional and competent manner. NOW THEREFORE, City hereby engages the services of AR4!NIARK, and in consideration of the mutual promises herein contained, the parties agree as follows: I. TERM 1.1. The initial term of this Agreement shall be for a period of two (2) years, commencing on February- 1, 2009, and ending on 7anuary 31, 2011 (the "Initial Term''). By mutual agreement, the term of this Agreement may be renewed for additional ~ (five) cne-year periods, by mutual written agreement of the parties. II. SERVICES 2.1. AR.ANIARK shall provide food service for the prisoners in the Chula Vista jail facility. ARANIARK agrees to provide nutritious, wholesome, and palatable food in accordance with this Agreement and consistent with local, state and federal law.:SRAM.=ARK shall provide the meals specified in the menu attached hereto as Exhibit "A," and as may be amended from time to time. On a weekly basis, City will place an order with ARANIARk for the number of meals to be delivered by entailing or faxing to the ARAIVIARK Food Service Director based at the Santa Ana City Jail. ARANIARK shall prepare such meals off-site, and deliver the meals either frozen or kept in a manner acceptable for transportation, to the jail facility, located in Doc~265884v.4 Y[artet?p51794 16 - 8 Chula Vista, , CA 91910. In the event AR4M.ARK ceases for any reason to be able to prepare meals at the Santa Ana City Jail, ARAIVLARK shall notify City of the alternate site. at which meals provided to the City hereunder will be prepared. 2.2. Prior to shipment of the meals, ARANLARK staff shall inspect the meals for quality. Upon acceptance, City shall inspect the meals for quality. If upon inspection any meal is unacceptable for any reason, City will not be charged for such meal. 23. ARANIARK shall not make changes in the job scope or perform any additional work or provide any additional material except as set forth herein without first obtaining written authorization from City for such additional work or materials. Additional labor or materials provided without written authorization shall be done at AR.A!vIARIC's risk and without.payment. III. USE OF AGENTS OR ASSISTANTS 3.1. To the extent reasonably necessary to enable ARANIARK to perform its duties hereunder, ARANLARK shall be authorized to engage the services of any agents or assistants which it may deem proper, and may further employ, engage, or retain the services of such other persons or legal entity to aid or assist in the proper performance of its duties. All cost of the services of, or expenses incurred by such agents or assistants shall be chargeable directly to ARA!v1.ARK. 3.2. In the event of a dispute based upon wages due ARANIARIC's employees, ARA1~lARK shall indemnify, defend and hold harmless at its expense, including the provision of legal counsel, City, its agents, employees and officers from liability, claims, demands, damages and costs pertaining to said dispute. IV. PROJECT MAIVAGED'IENT 4.1. Both parties shall appoint a project manager who shall meet on an as need basis to coordinate, review and insure performance by ARAiVIARK under this Agreement. The project manager appointed by City will oversee the daily administration of the tasks to be performed by ARAMARK under this Agreement. V. FACILITIES 5.1. In the event City facilities are to be utilized in the performance of this Agreement, any costs chargeable to ARAMARK shall be mutually agreed upon by both parties in advance of the commencement of work. VI. FEE 6.1. COLD BREAKFAST HOT LLNCH HOT DINNER DocR265884v.4 Nlatte~~51794 ~ - 9 ALL MEALS, BREAKFAST, LUNCH AND DIN-NER QUILL BE PRICED AT $2.73 PER MEAL. (EXCEPT KOSHER /HALAL MEALS) THESE MEALS WILL BE PRICED AT $625 PER MEAL. Prices are firm from February 1, 2009 through January 31, 2010. For services to be rendered under this Agreement, ARAI~ARK shall be entitled to a fee for actual services performed, of an amount equal to meals ordered. The price includes all costs incurred by ARA.iv1ARK and associated with its performance of this Agreement, including but not limited to: (1) expenses such as food products, containers with lids, and napkins, (2) all labor associated with the preparation of meals; (3) transportation of meals; and (4) all overhead cost. Should City require additional services not included in this Agreement, any such additional services shall be negotiated and paid separately. The price per meal set forth herein is firm for the period beginning on February 1, 2009 through January 31, 2010. Meal prices for the period of each subsequent renewal option shall be negotiated prior to the exercise of the option; however, in the event the parties are unable to agree upon such price adjustment, the per meal price shall be adjusted by the percentage increase in the Consumer Price Index, All Urban Consumers (CPI-I), U.S. City Average, Food Away From Home Index, published by U. S. Department of Labor comparing the CPI=I for December of the then current year to December of the immediately preceding year. Any increases exceeding ~% (based upon CPI calculations desribed above) must be mutually negotiated behveen the parties. In addition, ARAMARK will also provide to the City of Chula Vista, a freezer and oven. It was observed during the Pre-Bid walk-through, that there was no freezer and the ovens heated to only 200 degrees. Unfortunately, our "hot meals"' need to remain frozen and then heated from a frozen state. The freezer and oven will become the property of the City of Chula Vista at the end of the first hvo (2) years of an agreement. PAYMENT TERMS WILL BE NET THIRTY (30) DAYS. VII. RULING 7.1. ARAMARIC shall submit an itemized billing to the Folice Chief or his or her designee for approval prior to receiving compensation. Billing shall include a summary of total meals provided during the week and the price of any additional services agreed upon by the parties. City shall remit payment within fifteen (15) days after the invoice date to: ARANIARK Correctional Services, LLC P.O. Box 406019 Atlanta, GA 30384-6019 (Payments only shall be sent to this address, all other correspondence shall be sent to the address set forth in Section XX hereof) If any invoices are not paid within riventy-five (3~) days of the invoice date, interest shall be charged on each invoice at One Hundred Twenty-Five Percent (125%) .of tine Prime Interest Rate per annum on the unpaid balance (or in the event local law prohibits the charging of such rate, interest shall be charged at the maximum legal rate permitted), n°~~z6sasaY.a Ylatter~`~ 1794 6 - ~ Q computed from the invoice date until the date paid. The term "Prime Interest Rate" shall mean the interest rate published in The Wall Street Journal as the base rate on corporate loans posted by at least Seventy-Five Percent (T%) of the thirty (30) largest U.S. commercial banks, such rate to be adjusted on the last day of each ARA.i~1ARK accounting period. The right of ARAMARK to charge interest for late payment shall not be construed as a waiver of AR~INIARK's right to receive payment of invoices within fifteen (1 ~) days of the invoice date. In the event that AR~ti1ARK incurs legal expense in enforcing its right to receive timely payment of invoices, the County agrees to pay reasonable attorney's fees and other costs. VIII. AUDIT BY CITY 8.1. ARA1vIARK shall permit City or any authorized representatives of City, at all reasonable times, access to and the right to examine all records, books, papers or documents related to ARA!vL4RK's performance under this Agreement including, expenses for sub- contractors, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to be performed under this Agreement. IX O`VNEI2SHIB 9.1. Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by AR~MARK pursuant to or in connection with this Agreement shall be the exclusive property of City. ARANIARK shall have the right to keep copies of all such reports, work product, records and other documents during the teizn of this Contract and for a period of 3 years following its expiration or termination and the City shall permit ARAMARK to access such reports, work product, records and other documents at all reasonable times during the term of this Contract and for a period of 3 years following its expiration or termination. X. CON~+ID,E+NTIALITY 10.1. ARIIMARIC shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to ARANIARK by City or other information to which ARANIARK has had access during the term of this Agreement without the prior written approval of the City Attorney during the term of this Agreement and for a period of two (2) years after the termination of this Agreement. 10.2. Notwithstanding anything herein to the contrary, all financial, statistical, operating and personnel materials and information, including, but not limited to software, technical manuals, recipes, menus and meal plans, policy and procedure manuals and computer programs relative to or utilized in ARA.MARK's business (collectively, the "ARAMARK Proprietary Information") are and shall remain confidential and the sole property of ARANLARK and constitute trade secrets of ARA!vi_ARK. The City shall keep all AR=~uL~RK Proprietary DocT26588?v.? Nfattet~~1794 6 - 1 1 Information confidential and shall use the ARAMARK Proprietary Information only for the purpose of fulfilling the terms of this Contract. The City shall not photocopy or otherwise duplicate any materials containing any AR=~uLF1RK Proprietary Information without the prior written consent of ARA~4RK. Upon the expiration or any termination of this Agreement, all materials containing any ARANIARK Proprietary Information shall be returned to ARANIARK. XI. DEFAUZTS, TERtvIL~1ATION OF AGREEVIEN'I' 11.1. If either party deems that the other party is in default for failure to perform its duties under this Agreement, including, with respect to <SRAivIARK, the failure to supply an adequate work force, or service of proper quality, or has failed in any other material respect to satisfactorily perform the services specified in this Agreement, the non-defaulting party may give written notice to defaulting party specifying the alleged defaults to be remedied within thirty (30) days and such notice shall set forth the basis for any dissatisfaction and suggest corrective measures, and; A. If the defaulting party does not remedy the alleged defaults within thirty (30) days or commence steps to remedy default to the reasonable satisfaction of the other party, the non- defaulting party may provide for such service from another source or vendor and the non- defaulting party may withhold any money due or which may become due to the defaulting party for such task related to the claimed default; or B. If after thirty (30) days the party in default has not remedied alleged defaults or commenced steps to remedy alleged defaults to the reasonable satisfaction of the other party, the non-defaulting party may elect to terminate this Agreement at expiration of the thirty (30) days. 11?. Notwithstanding paragraph 11.1, either party may terminate this Agreement at any time by giving the other party at least ninety (90) day's prior written notice. At such time, ARANLARK would be compensated only for that work which has been satisfactorily competed to the date of termination. No compensation shall be paid for de-mobilization, take-down, disengagement wind-down or other costs incurred due to termination, of this Agreement YII. IlVDEVLVdTY 12.1. ARANIARK shall indemnify, defend and hold harmless; to the maximum extent permitted by law, City and its officers, agents, employees and representatives, from and against claims for bodily injury or property damage arising out of ARANIARK's negligence or willful misconduct in its performance of the services defined in this Agreement (including performance by its agents, employees, subcontractors or by anyone ARANIARK directly employed). AR.Atv1ARIC's indemnity obligation shall not include any liability, suits, actions, proceedings, judgments, or claims arising out of the acts or omissions of the City or its officers, agents, employees or representatives nor shall ARAvIARK be responsible for any loss or damage caused by inmates. 12.2. ARAIVL4RK's obligation to indemnify; defend and hold harmless shall remain in Doc~265834v.4 b(atterR51794 H - 1 2 effect and shall be binding upon ARAIVL~RK whether such injury or damage shall be discovered, after termination of this Agreement provided the acts giving rise to the injury or damage occurred during the term of this Agreement and are covered by the indemnity in Section 12.1, above. 12.3. The City shall notify P.RANL°.RK promptly and in writing of any claim for which it will seek indemnity under this Agreement. In addition, the City agrees not to incur any expense in connection with such claim without ARANI_ARK's prior consent and agrees to fully cooperate with ARANL4RK in its investigation, defense and settlement of any such claim. 12.4. ARAIMARK's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Agreement. VIII. INSURAvCE 13.1. Public Liability and Property Damage Insurance 13.1.1. At its own expense, AR_ANL~RK shall obtain, pay for and maintain during the life of the Agreement an "occurrence" policy for Commercial General Liability (including Contractual Liability) and for Automobile Liability which shall protect it and City from claims for injuries and damages. The policy shall include the City of Glendale, its officers, agents and employees as additional insureds under the policy in the following amounts: A. CONLMERCL~L GENERAL LIABILITY NSURANCE in the amount of One Million Dollars ($1,000,000) per occurrence for bodily injury and personal injury, including accidental death, to any one person; property damage insurance in the amount of One Million Dollars ($1,000,000); and a combined single limit of insurance in the amount of One Million Dollars (51,000,000); and B. AUTOMOBILE LIABILITY INSURANCE endorsed for all vehicles (whether rented, leased, hired, scheduled, owned or non-owned), in the amount of One Million Dollars (51,000,000) per occurrence for bodily injury, including accidental death, to any one person; property damage insurance in the amount of One Million Dollars ($1,000,000); and a combined single limit of insurance in the amount of One Million Dollars (51,000,000). li.1.2. At all times, the insurance company issuing the policy shall be an "admitted" insurer in the State of California or shall be listed on the California Department of Insurance's "List of Eligible Surplus Line Insurers"; shall be domiciled within, and organized under the laws of, a state of the United States; and shall carry an A.M. Best & Company minimum rating of "A: VII" 13.1.4. All policies shall contain a "Separation of Insured" clause and a "Primary Coverage" clause for any loss arising out of or caused by ARANLARIC's performance of the Agreement. In addition, the policies shall contain a statement of obligation on the insurance carriers part to notify City, by registered mail, at least thirty (30) days in advance of any policy cancellation. oo~~z6sss~~.a Maccer~51794 6 -13 li.l.f. ARANL~RK shall deliver to City a "certificate of insurance" and an "additional insured endorsement", both documents countersued by the insurance carrier or its authorized representative, on forms reasonably satisfactory to the City Attorney, which set forth the above provisions. 1.3.1.6. The countersigned-certificate, alons with the additional insured endorsement, shall state: "The City of Chula Vista, its officers, agents and employees are added as additional insureds under this policy to the extent the City of Chula Vista or its officers, agents or employees are liable for losses caused by the negligent acts or omissions of ARP.MARK in its performance the services defined in this Agreement. This insurance is Primary to the coverage of the City of Chula Vista for losses arising out of P.RAMARIC's negligent acts or omissions in performing the services defined in this Agreement. The insurance shall apply separately to each insured. The City will be mailed thirty (30) days advance notice to the City of any policy cancellation." 13.1.7. Additionally, the certificate of insurance shall state if any claim has been paid or is currently pending under the policy, and if so, the amount of the claim(s) and the amount of liability limits as lowered by the paid or pending claim(s)..4ny deductibles or self-insured retentions shall be set forth on the certificate and shall be subject to City's review and approval. 1 ~.2. W'orkers' Compensation Insurance 13.2.1. At its own expense, ARAMARK shall obtain, pay for, and maintain for the duration of the Agreement, complete workers' compensation insurance. ARANL~RK shall provide proof of workers' compensation coverage by delivering to City either an insurance certificate or a certificate of consent to self-insure. City shall not be responsible for any claims at law or in equity caused by ARANIARK's failure to comply with this paragraph. 13.2.2. All workers' compensation insurance policies shall bear an endorsement, or shall attach a rider, which provides that the insurer will notify City, by registered mail, at least thirty (30) days in advance of the policy's expiration, termination or cancellation. 13.3. ARAMARK's Failure to Obtain, Pay- For, or Maintain Insurance 13.3.1. ARAVL4RK shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Agreement. 13.3.2. ARAMARK's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Agreement. In the event of any termination or suspension, City may use the services of another vendor, without City's incumng any liability to ARANIf1RK. XIV. dVAIVER OR BREACH Doc~26i884v.4 Niatter~51794 ~ - ~ 4 14.1. The waiver of either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision. XV. ENTIRE AGREEMENT 15.1 This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. XVI. ASSIGN_NEIENT 16.1. Nothing under this Agreement shall be construed to give any rights or benefits to any party other than City and AR~vIARK. All duties and responsibilities under this Agreement shall be for the sole and exclusive benefit of City and ARANLAItK, and not for the benefit of any other party. ARr1NLARK shall not assign any right or interest in this Agreement, and shall not delegate any duty owed, without City's. prior written consent, except that ARAl~L4RK may assign this Agreement to an affiliate without consent being required. The term "affiliate" means any corporation or limited liability company controlling, controlled by or under common control with, AR.~vIARK. 16.2. In the event the City consents to an assignment or delegation, the assignee, delegate, or its legal representative shall agree in, writing to personally assume, perform, and be bound by this Agreement's covenants, conditions, obligations and provisions. XVII. StiCCESSORS A11`D ASSIGNS 17.1. Subject to the provision regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. XVIII. ATTORNEY'S ]E; EES 18.1. If any action. at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he, she or it maybe entitled. X[X GOVERINING LAW 19.1. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. XX. NOTICES 20.1. All notices hereunder must be in writing and, unless otherwise provided herein, shall Doc=zssasa~.a ~IatteriF51794 6-~ 5 be deemed validly given on the date either personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the facsimile number set forth below or to such other or further facsimile number provided in a notice sent under the terms of this paragraph, on the date of transmission of that facsimile. Should City or ARAvLARIC have a change of address; the other party shall immediately be notified in writing of such change; provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests from. ARAivIARK to City shall be given to City addressed as follows: City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Suzanne Brooks Tel. No. 619-691-~ 141 ARA MARK: ARA~LARK Correctional Services, LLC ARANI:4RK Tower 1101 Market Street Philadelphia, PA 19107 Attn: President Tel. No. 215-238-5991 Fax. No. XI. NON-DISCRIMINATION IN EMPLOYMENT 21.1. ARANIARK agrees not to discriminate against any employee or person who is subject to this Agreement because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, marital status, pregnancy, parenthood, medical condition, or physical or mental disability. Evidence of discrimination shall be sufficient cause for termination of this Agreement X1'cI. SEVER~BII.ITY 22. 1. Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. YXIII. REC4'CLED P.A~PER 23.1. ARAuLARK shall submit all reports, correspondence, and documents related to the execution of this Agreement on recycled paper. XXIV. FORCE v1AJEURE Do~Rz6sssa~ a Nlatter;+5 i 794 g -1 6 24.1. Neither party shall be considered in default in the performance of its obligarions hereunder or any of them, if such obligations were prevented or delayed by any cause, existing or future beyond the reasonable control of such party which include but are not limited to acts of God, labor disputes or civil unrest. Any delays beyond the control of either party shall automatically extend the time schedule as set forth in this Agreement by the period of any such delay. The City shall assist ARANIARK by permitting reasonable variations in AR.AI~ARK's menu cycle and service methods. Additional costs, if any, incurred in providing service in the event of a Force Nlajeure shall be borne by the City. XXV. PRESS RELATIONS 25.1 AR~1'VLARK shall coordinate with City on any and all press or media releases relating to the performance of this Agreement, XXVI. COUNTERPARTS 26.1. This Agreement maybe executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same document. Each of the parties shall sign a sufficient number of counterparts, so that each party will receive a fully executed original of this Agreement. XXVH. RENEGOTIATION 27.1 The financial arrangements in this Agreement are based on conditions existing on the date AlLAN1ARK commences operations, including, for example, the Facility's inmate population, the availability of inmate labor, food and supply costs, Federal, State and local sales, and other taxes and other operation costs, and the manner in which the Index (hereinafter defined) is calculated. P.RANIAItK has relied on representations regarding existing and future conditions made by the City in connection with the negotiation and execution of this Agreement. In the event of a change in such conditions or the inaccuracy or breach of, or the failure to fulfill, any representations made by the City, the financial terms and other obligations assumed by ARANLARK shall be renegotiated on a mutually agreeable basis to reflect such change, inaccuracy or breach. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized representative of each party on the day and year first written. City of Chula Vista ARAIVIARK Correcfional Services, LLC State of California By: sy: Name: David Kimmel Title: Vice President, Finance ooe~z6sasa~.? blaher51794 ~- ITY COU NCI L STATEMENT ~~~ C1TY OF ~"` CHULA VISTA DATE ,Item 7 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TICKET DISTRIBUTION POLICY SUBMITTED BY: ASSISTANT CITY MANAGER S'i' REVIEWED BY: CITY MANAGER S -r -~ ~ T S d/STNS VOTE: YES ~ NO SUMMARY Effective February 7, 2009, the Fair Political Practices Commission ("FPPC") amended Regulation 18944.1, addressing tickets for admission to entertainment or recreational events distributed by an agency to, or at the behest of, its officials. The recommended policy is intended to comply with the new Regulation. ENVIRONiVIENTAL 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, adoption of a ticket distribution policy, is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it does not involve any physical changes 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 City Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On December 11, 2008, the Fair Political Practices Commission ("FPPC") amended Section 18944.1 of the California Code of Regulations, regarding the distribution of tickets or passes by a public agency to its officials. Section 18944.1, as amended, became effective February 7, 2009 and sets forth the conditions under which a ticket or pass distributed to, or at the behest of, an agency official will not be treated as a gift under the Political Reform Act and FPPC regulations. 7-1 DATE ,Item Page 2 of 2 It also requires the agency to adopt a policy governing ticket distribution and to post information on its website for each ticket that it distributes. The amended Regulation is intended to close a perceived "loophole" in the prior regulation. Specifically, before it was amended, Regulation 18944.1 allowed an agency to distribute tickets to its employees and officials for personal use. So long as the agency kept a record of who received the tickets, the gift limits and disclosure requirements of the Political Reform Act ('`PRA") did not apply. The amended Regulation requires that tickets distributed by an agency to, or at the behest of, an agency official be treated as gifts under the PRA unless the tickets are treated as income, or the use of the ticket serves a specific public purpose. Regulation 18944.1 applies to all tickets distributed by the City, whether the City obtains them by gift, purchase, pursuant to a contract or because the City controls the event. The Regulation specifically states that a ticket provided to an official by a source other than the City for admission to an event at which the official performs a ceremonial role on behalf of the City is not a gift. The Regulation requires the City to adopt a policy containing the following: (i) the public purposes of the agency to be accomplished by distribution of tickets; (ii) a requirement that distribution of a ticket by, or at the behest of an official, accomplish a public purpose of the agency; and (iii) a prohibition against transferring tickets, except to an immediate family member of the official. The Regulation also institutes a new form (FPPC Form 802) to be completed by the City within 30 days of ticket distribution. The policy and the completed forms must be posted on the City's website. The City of Chula Vista is a party to a sublease for .the venue commonly known as "Cricket Amphitheater." Pursuant to the terms of that sublease, the City receives 24 tickets to each event promoted by the sublessee and held at Cricket Amphitheater. In addition, from time-to-time, the City may purchase or receive tickets or passes for admission to other events, and receives additional "vouchers" for general admission to Cricket events. Accordingly, City staff has prepared a draft policy for the Council's consideration. The proposed policy conforms to the requirements of Regulation 18944.1 and makes the City Manager, or designee, responsible for implementing the Policy. Staff recommends adoption of the policy to ensure FPPC compliance. DECISION M?,KER 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 No impact to the General Fund is expected from this action. ATTACHMENTS Attachment A -Proposed City Council Ticket Distribution Policy Prepared by: Scott Tulloch, Assistant City Manager, City Manager's Office 7-2 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE Distribution of Tickets or Passes NUMBER DATE PAGE 161.01 07-14-98 1 of 3 ADOPTED BY: Resolution No. 19072 DATED: 07-14-98 A!vIEiV~ED BY: Resolution No. (date of resolution) BACKGROUND On December 11, 2008, the Fair Political Practices Commission ("FPPC") amended Section 18944.1 of the California Code of Regulations, regarding the distribution of tickets or passes by a public agency to its officials. Section 18944.1, as amended, became effective February 7, 2009 and sets forth the conditions under which a ticket or pass distributed to, or at the behest of, an agency official will not be treated as a gift under the Political Reform Act and FPPC regulations. It also requires the agency to adopt a policy governing ticket distribution and to post information on -its website for each ticket that it distributes. The City of Chula Vista is a party to a sublease for the venue commonly known as "Cricket Amphitheater." Pursuant to the terms of that sublease, the City receives 24 tickets to each event promoted by the sublessee and held at Cricket Amphitheater. In addition, from time-to-time, the City may purchase or receive tickets or passes for admission to other events and receives vouchers for general admission to Cricket events. Accordingly, the City adopts this Policy, in compliance with Section 18944.1. This Policy shall govern the distribution of tickets and passes by the City and shall supersede any other City policies, practices or procedures relating to tickets provided by the City to, or at the behest of, City Officials. POLICY I. PURPOSE OF POLICY The purpose of this Policy is to ensure that all tickets and passes provided to the City shall be distributed to accomplish public purposes of the City, as identified in this Policy. II. APPLICATION OF POLICY A. As used in this Policy, the term ``Ticket" shall mean: tickets or passes that provide admission to a facility or event for entertainment, amusement, recreation or similar purposes, and are obtained by the City through one of the following means: 1. gifted by an outside source; 2. purchased by the City; 3. given to the City pursuant to the terms of a contract for the use of public properiy;or 4. made available to the City due to the City's control of the event. 7-3 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE Distribution of Tickets or Passes NUMBER .DATE PAGE 161.01 07-14-98 2 of 3 ADOPTED BY: Resolution No. 19072 DATED: 07-14-98 AMENDED BY: Resolution No. (date of resolution) B. This Policy does not apply to: 1. tickets provided to a City Official by an outside source to an event at which the Official performs a ceremonial role or function on behalf of the City; 2. tickets provided to an Official by sources other than the City; 3. tickets for which the Official pays the City the value of the ticket. III. POLICY PROVISIONS A. Ticket Distribution. The City may distribute Tickets to City Officials under the following conditions: 1. the City Official treats the Tickets as income consistent with applicable state and federal income tax laws; or 2. the City Official uses, or directs, the Tickets to be used for one or more of the following public purposes:. a. promotion of the City as a good place to live, work, do business or recreate; b. recognition of exceptional City employees and community leaders for their contributions to the well-being of the City; c. support of local, and locally active, non-profit organizations, and their programs, which are dedicated to charitable, educational, cultural and social service activities; d. promotion of local and regional businesses, economic development and tourism activities within the City; e. marketing of City-controlled or sponsored events, activities or programs; f. attendance at events sponsored by other governmental agencies, industry groups and non-profit organizations for the purpose of meeting and conferring with other governmental officials or business representatives regarding issues of interest to, or affecting, the C itv: The term "City Official" shall refer to the City's ``Public Officials," as that term is defined in California Government Code 32043 and Fair Political Practices Commission Regulation § 18701, and shall include all commission and board members, or [her elected or appointed officials, and employees required to file an annual Statement of Economic Interests (FPPC Form )0). 7-4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE Distribution of Tickets or Passes NUMBER DATE PAGE 161.01 07-14-98 3 of 3 ADOPTED BY: Resolution No. 19072 DATED: 07-14-98 AMENDED BY: Resolution No. (date of resolution) g. information-gathering and education regarding matters of local, regional or state-wide concern that affect the City; h. recognition of residents or local businesses, governmental agencies or community service organizations for providing services or benefits to the City, its residents or businesses; i. promotion of City programs, resources or facilities available for public use; j. exchange programs with foreign officials or dignitaries; k. employment retention, recognition or appreciation; or 1. attendance of one member of the City Official's immediate family (spouse, child or parent) to accompany the Official to any of the above events. B. Prohibition Against Transfer. A City Official who receives a Ticket pursuant to this Policy is prohibited from transferring or selling the Ticket to any other person, except to a member of the Official's immediate family (spouse, child or parent) for the family member's personal use. C. City Manager Duties. 1. The City Manager, or designee, shall be responsible for implementing this Policy. The City Manager shall oversee the distribution of Tickets in compliance with this Policy and is authorized to take all steps necessary to ensure that Ticket recipients are aware of, and comply with, this Policy.. 2. The City Manager is designated as the "Agency Head" for purposes of completing and posting FPPC Form 802. 3. In the event that the City Manager desires to obtain a Ticket for his or her use, the City Council authorizes the City Manager to exercise the City's discretion in determining whether the City Manager's use of Tickets is in accordance with this Policy. IV. POSTING AND DISCLOSURE REQUIREMENTS This Policy shall be posted on the City's website. Within 30 days of distributing Tickets pursuant to this Policy, the City Manager, or designee, shall complete FPPC Form 802 and post the. completed form on the City's website. Attachment: California Form 802 7-5 Tickets Provided by Agency Report 1. Agency Name Division, Department, or F Street Address Area Code/Phone Numbel ncy Contact (name and title) Date of Original Filing: (month, day, year) 2. Event For Which Tickets Were Distributed Date(s) of Event: -J_J Description of Event: -1_1 Face Value of Ticket: $ Agency Event ^ Yes ^ No (Identify source of tickets below.) Name of Outside Source of 1 icket(s) Provided to Agency: Number of Tickets Received: Ticketjs) Provided to Agency: ^ Gratuitously ^ Pursuant to Contract 3. Agency OfflClal(s) Receiving Ticket(s) (use a continuation sheet for additional names) Name of Official Number State Whether the Distribution is Income to the Official or (Last, First) of Tickets Describe the Public Purpose for the Distribution 4. Individual or Organization Receiving Ticket(s) (Provided at the behest of an agency official.) Name of Behesting Agency Official: Name of Individual or Organization; Number of Tckets: Description of Organization: Address of Organization: Number and Street City State Zip Code Purpose for Distribution: (Describe the public purpose for the distribution to the organization.) 5. Verification 1 have determined that the distribution of tickets set forth above is in accordance with the provisions of FPPC Regulation 18944.1 Signature of Agency Head or Designee Frint Name TUe (month, day year) Comment: (Use this space or an attachment for any additional information including amendment explanation.) FPPC Form 802 (Feb/09) FPPC ToII-Free Helpline: 866lASK•FPPC (866/2753772) A Public Document TICKETS PROVIDED BY AGENCY REPORT Date Stamp (if applicable) I Far Official Use Only ^ Amendment (Must explain in Part 5.) 7-6 Tickets Provided by Agency Report A Public Document This form is for use by all state and local government agencies to disclose the distribution of tickets or passes that allow admission to facilities, events, shows, or performances for entertainment, amusement, recreational, or similar purposes. The agency must complete Form 802 identifying agency officials who receive tickets or passes from the agency as well as other individuals and organizations that receive tickets or passes at the behest of agency officials. Form 802 must be posted in a prominent fashion on the agency's website. Gifts of Tickets or Passes to Public Officials FPPC Regulation 18944.1 sets out the circumstances under which an agency's distribution of tickets or passes to or at the behest of an official in the agency does not result in a gift to the official. (Regulation 18944.1 is available on the FPPC website at www.fppc.ca.gov.) Even though the distribution of tickets or passes to a public official under the regulation is not a gift to the official, the agency must disclose the distribution on Form 802. The official does not have to disclose tickets or passes received or distributed under the regulation on his or her Statement of Economic Interests (Form 700), but tickets or passes received or distributed by the official that do not fall under the regulation may be subject to disclosure on the official's Form 700 and subject to gift limits. • Gratuitously; or • Pursuant to a contract. Part 3. Agency Official(s) Receiving Ticket(s) Disclose the name of each agency official that received a ticket or pass and the number of tickets or passes the official received. Also state whether the distribution is income to the official or describe the public purpose for which the official received the tickets or passes. Part 4. Individual or Organization Receiving Ticket(s) If tickets or passes were distributed to an individual or organization outside the agency, at the behest of an official of the agency, provide the name of the official. Disclose the name(s) of the individuals(s) who received the tickets or passes and the number of tickets or passes provided. If the tickets or passes were provided to an organization, the agency may post the name, address, a description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the name of each individual that received a ticket or pass. Also, describe the public purpose for the distribution to the individual or organization. Part 5. Verification The agency head or his or her designee must sign the form. Posting Form 802 The Form 802 must be posted on the agency's website within 30 days after the distribution. If the agency does not maintain a website, the form must be maintained by the agency as a public record, be available for public inspection and copying, and be forwarded to the FPPC for posting on its website. Part 1. Agency Identification List the agency's name, address and the name of an agency contact. Mark the amendment box if changing any information on a previously filed form and include the date of the original filing. Part 2. Event For Which Tickets Were Distributed Provide the date(s) of the event, a description of the event, and the face value (i.e. the cost to the public) of the ticket or pass. Check the box indicating whether the event was an "agency event" (such as a county fair, or an event for which the agency purchased tickets). If the agency received the tickets from an outside source, identify the source, the number of tickets received, and check the box to identify whether the tickets or passes were provided to the agency: Privacy Information Notice Information requested on all FPPC forms is used by the FPPC to administer and enforce the Political Reform Act (Government Code Sections 81000-91014 and California Code of Regulations Sections 18109-18997). All information required by these forms is mandated by the Political Reform Act. Failure to provide all of the information required by the Act is a violation subject to administrative, criminal, or civil prosecution. All reports and statements provided are public records open for public inspection and reproduction. If you have any questions regarding this Privacy Act Notice, please contact the FPPC. General Counsel Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 (916)322-5660 FPPC Form 802 (Feb/09) FPPC Toll-Free Helpline: 866/ASK-FPPC (866!275-3772) 7-7 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTNG A TICKET DISTRIBUTION POLICY WHEREAS, effective February 7, 2009, the Fair Political Practices Commission (``FPPC") amended Regulation 18944.1, addressing. tickets for admission to entertainment or recreational events distributed by an agency to, or at the behest of, its officials; and WHEREAS, the amended Regulation provides that a ticket distributed by an agency to, or at the behest of, an agency official is not a gift under the Political Reform Act it the ticket is treated as income by the official, or the official's use of the ticket serves a specific public purpose; and WHEREAS, Regulation 18944.1 applies to all tickets distributed by the City, whether they were gifted to the City, purchased by the City or obtained pursuant to a contract or because the City controls the event; and WHEREAS, the Regulation does not apply to tickets provided to an official by a source other than the City for admission to an event at which the official performs a ceremonial role on behalf of the City; and WHEREAS, the Regulation requires the City to adopt a policy containing the following: (i) the public purposes of the agency to be accomplished by distribution of tickets; (ii) a requirement that distribution of a ticket by, or at the behest of an official, accomplish a public purpose of the agency; and (iii) a prohibition against transferring tickets, eYCept to an immediate family member of the official; and WHEREAS, the Regulation institutes a new form (FPPC Form 802) to be completed by the City within 30 days of ticket distribution and requires that the_ policy and completed forms be posted on the City's website. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby adopts a ticket distribution policy. Presented by Approved as to form by Jim Sandoval Ciry Manager ~~~~~ ~ f Pv7c' Bart Miesfeld City Attorney 7-8 TY COUNCIL STATEME~J1 CITY OF CHULA VISTA March 17, 2009, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OP THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020) AND APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE IN THE CITY OF CHULA VISTA SUBMITTED BY REVIEWED BY Deputy City Manager/Development Services Direct City Manager ST-=. ~ ~ ~ (4/5 Vote: Yes_ No X ) SUMMARY Consideration of an appeal, PCC-08-020A filed by TOMRA Pacific, Inc. (TOMRA) appealing the Chula Vista Redevelopment Corporation's (CVRC) decision denying Conditional Use Permit (CUP) PCC-08-020 to operate a small rePlanet Recycling Center located at 1315 Third Avenue. Subsequent to the CVRC de~cisiou and filing of the appeal, TOMRA has requested modifications to their CUP application to address some of the issues which were the basis for the denial of the CUP by the CVRC and were similarly raised by the neighbors. The changes, which are described in detail below, include moving the recyeling center back to its previously approved location and limiting the hours of operation. ENVIRONMENTAL REVIEW The recycling center project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and staff has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303 (new construction or conversion of small structures) of the State CEQA Guidelines. No further enviroimiental review is necessary. RECOMMENDATION That the Council adopt the Resolution approving the application for Conditional Use Permit (PCC-08-020) based on the finding of facts described in City Council Resolution. O '~ 3/17/09, Item ~ ~ Page 2 of S DISCUSSION Project Description The project site is in the north parking lot of the Sav-A-Lot store located at 1315 Third Avenue and adjacent to Palomar Street, ,in southwestern Chula Vista, within the merged Chula Vista Redevelopment Project area. The project site is level and represents approximately 500 square feet of a 2.45- acre lot (See Attachment 1). •The existing land uses on and adjacent to the subject site, as well as the land use designations, are shown in the table below. Genera] Plan Designation Zoning Designation Existing Uses Site I Commcrcial Retail (CR) Central Commercial (CC) Sav-A-Lot North Mixed-use Residential (MUR) Central Commercial, Precise Plan (CCP} Commercial uses and one single famil residence East Residential High (RH) Apartment Residential (R-3) Residential South Commercial Retail (CR) Central Commercial (CC) Retail West Commercial Retai] (CR) Central Commercial -Precise Plan (CCP) Retail The rePlanet Recycling Center, owned and operated by TOMRA Pacific, Inc., consists of two roll-o$ mobile containers behind a small building facade used to collect recyclable items that qualify for California Redemption Value (CRV). The center operates by receiving recyclable items from patrons in exchange for a voucher receipt. In turn, patrons can redeem the voucher in the Sav-A-Lot store. Background In 2007, the City Council directed staff to investigate the rePlanet Recycling Center following a citizen's complaint about the number of transients loitering around the recycling center. During the investigation, staff determined that over the course of 20 years, there have been recycling centers operated by different companies on the premises. Chula Vista Municipal Code (CVMC) Section 19.58.345 states that recycling centers may be permitted with a CUP in commercial or industrial zones, and within a convenience zone identified by the state of California Department of Resources, under the California Beverage Container Recycling and Litter Reduction Act. A convenience zone is typically ahalf--mile radius around a supermarket location. In this case, the Sav-A-Lot store is within a convenience zone. The City is not mandated by the state to approve such centers. Listed below is the chronology staff compiled from City records of CUPS and other entitlements for previous recycling center operators: • In 1988, 20/20 Recycling Centers obtained CUP PCC-88-lOM to operate a first generation center. • In 1992, Envipco obtained a CUP (PCC-92-32) and Design Review approval (DRC-92- 40) to allow one multi-unit second-generation machine. 8-2 3/17/09, Item Page 3 of 5 • In 1995, 20/20 Recycling Centers obtained CUP (PCC-92-32M), modifying Envipco's CUP, to operate a manned recycling center. In 1996, 20/20 Recycling Centers closed their recycling center, which operated under CUP (PCC-92-32M), because the Vons store (now Sav-A-Lot)' closed resulting in a significant reduction of 20/20 Recycling Center's customer base to a level that was no longer cost effective to continue operating. TOMRA's contention is that there was another active recycling center opera#ion that they replaced, and believed they were operating under a previously approved CUP. Staff researched Planning and Building Department records, but staff could not find any record of a recycling operator since 20/20 Recycling Centers vacated the premises. Staff recently contacted a representative for 20/20 Recycling Centers who co~rmed that TOMRA placed their rePlanet Recycling Center on the premises and began operating in July 2004.. The attached site plan shows 20/20's recycling center location in 1988, which is where TOMRA placed their recycling center (see Attachment 2). However, the. City has no record of a CUP application filed by TOMRA prior to their current application. In October 2007, in response to the City Council referral, staff prepared a Council memorandum describing the results of the multi-department investigation of the above-mentioned- citizen .complaint (see Attachment 3). Subsequently a Code Enforcement case was opened, and staff has been working with the applicant to obtain the required CUP, Issues Raised During Proieet Processing The CUP application for the rePlanet Recycling Center was initially processed administratively because it meets CVMC code requirements for administrative review of the CUP pursuant to CVMC Section 19.58.345($). During the administrative review process, the recycling center was relocated to the northeast corner of the parking lot and in close proximity to an apartment complex without staffls knowledge. During the public noticing period, staff received. written objections from residents living in the area objecting to the center's current location. According to the Park Palomar Apartment manager, the relocation has impacted the apartment residents citing the following concerns: • Offensive odors from trash and urinating and defecating"against the wall adjacent to the apartments by transients • Unreasonable noise from glass smashing and crushing and altercations between transients • Trash dumped on the lawn of the apartment property to sort out recyclable items before going to the recycling center o Transients leave their shopping carts along the curb in front of the apartments • Trespassing by transients searching for recyclable items on residential property • Other security concems Other residents in the vicinity have also raised various concems (see Attachment 4). Staff held a neighborhood meeting to discuss the issues and the potential for relocation options. The residents were opposed to the center being located anywhere in the vicinity. In response to the resident's concems, the Zoning Administrator elevated the project to a public. hearing before the CVRC as permitted by CVMC 19.14.050. On December 11, 2008, the CVRC voted 4-0-3 with three CVRC Board Members absent, to deny the rePlanet Recycling Center CUP application 8-3 3/17/09, Item jj Page 4 of 5 based on the findings in the CVRC Resolution (see Attachment 5). On December 22, 2008, TOMRA appealed the decision to the City Council (see Attachment 6). The City Council held a duly noticed public hearing to hear the appeal on January 27, 2009. The Council continued TOMRA's appeal, at TOMRA's request, to the March 3, 2009 Council meeting because TOMRA requested more time to prepare their appeal. At the March 3, 2009 Council meeting, with TOMRA's concurrence, the appeal was again continued to the March 17, 2009 Council meeting. Proposed Proiect Modifications Subsequent to the CVRC decision and filing of the appeal, TOMRA has requested modifications to their CUP application to address some of the issues raised by the residents. On February 5, 2009 staff met with TOMRA representatives, .at TOMRA's request, to discuss changes to their CUP application that could address some of the neighbors' concerns stated above. Following the meeting, TOMRA submitted a letter, dated February 6, 2009, to the City proposing to modify their CUP application. As discussed above, staff requested a continuance from the March 3, 2009 City Council meeting to the March 17, 2009 meeting to allow sufficient time to review the proposed changes and the a$ect on staff s previous analysis and recommendation. The changes proposed by TOMR.S will: o Move the recycling center several parking spaces west and near the central access drive along Palomar Street from its current location in the northeast comer of the parking lof and in close proximity to the multi-family zone, and rotate the center to face towards Third Avenue. This places the center further away from the apartment complex and orients the recycling activities toward the existing commercial uses away from the adjacent residential zone. This location is also where the first CUP (PCC-88-lOM) permitted a recycling center to operate. In addition, TOMRA proposes the following modifications to their CUP application: m Reduce the hours of operation of the Recycling Center from 8:00 a.m. to 7:00 p.m., to 10:00 a.m. to 5:00 p.m., Tuesday through Saturday. The center would be closed on .Sunday and Monday. The reverse vending machines will only remain operational during the hours when a personal attendant is present on-site; e Ensure that the recycling center is supervised by a personal attendant during all hours of operation; o Strictly enforce TOMRA's standard policy that the recycling center and surrounding area be kept free of trash and debris. TOMRA also proposes to prepare and pay for a mailer to all households located within the vicinity of the recycling center. The mailer will detail all the significant changes made to the recycling center to incorporate the neighbors' concerns. The mailer will also highlight the name and phone number of a TOMRA representative to whom the residents can direct any concerns about the center. 8-4 3/17/09, Item Page 5 of 5 Moving the recycling center would revert back to the previous operating location when TOMRA fast began operating at the site in .2004 (without a CUP) and where it did not generate complaints by the public to Code Enforcement. This is also the same location of the original recycling center approved back in 1988. Therefore staff is recommending that the CUP findings - for approval can now be made in accordance with these location and operational changes and outreach proposed by TOMRg as stated above. -The conditions of approval are listed in the draft resolution and are consistent with the conditions approved for similar recycling centers throughout the City. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no member has property holdings within 500 feet of the boundaries of the property that is the subject of this action. CONCLUSION Staff is recommending that the City Council approve the CUP because the changes made, and outreach proposed by TOMRA would reduce or minimize the impacts to the residents and surrounding uses, therefore the findings can be made that the recycling center would not be a detriment to the health and welfare to the surrounding residential neighborhood, as outlined in the attached City Council Resolution. Attachments: 1. Locator Map 2. 1988 Site Plan 3. 2007 Memo to City Council 4. Petitions/hetters from Citizens 5. CVRC Resolution Adopted on 12/11/08 b. TOMRA Pacific, Inc Appea] Form/Appeal Issues R-.5 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOeATOR Praect PRai=_crnES.:w~one. . n~~uc,~rr;; Toms Pacific, (nc. ty'ilSCELLAidEO[JS aRo.t=c 1315 Third Avz Project 8umtr~ary. 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'~1`. * I O O ~b2K ~i ~ n ~ .~ ~ ~ N Q7 .~ rc~ F-' an .~ ~~~ rr . ~ • nos ,i m I i t ~ i , .~ _ - ~ .f 8-7 ~TTOf'I-JRAGniT 7 l .-= COUNCIL INFORMATION MEMORANDUM DATE: October 22, 2007 T0: The Honorable Mayor and City Council VIA: David Garcia, Interim City Manager FROM: James D, Sandoval, Director of Planning and Building SUBJECT: Response to Council Referral regarding RePlanet Recycling Council Referral: Christine Avilla; a resident who lives neaz the Save-a-lot Grocery Store, 1301 Third Ave., spoke concerned about the individuals who loiter in front of the - - RePlanet Recycling Center, many of whom she believes to ~ be homeless: She alledged that these individuals discard drugs and paraphernalia, defecate and urinate, beg' and steal, in and around the parking lot of the grocery store inhere the recycling center is located. She also alledged that the store allows individuals to park their vehicles overnight on the lot. She asked Council for their assistance on the matter, and requested they not renew the lease for the recycling center. Police Research: Ca11s for Service: The police cad computer indiciated 37 calls for service involving "transients" for the 1300 block of Std from July 3rd through June 18. A large portion of the calls for service were from one reporting party complaining about transients in the area but no actual crime. Police Response: There does not appear to be the level of activity referenced to the compplaint to council. Patrol Officers have been made aware of the concerns and will take appropriate action as needed. Code Enforcement/Plannin~ Research: Use and Permits: The RePlanet recycling facility located at 1315 Third Avenue was operating without 'the appropriate a conditional use permit (CUP) or business license. Although there had been a previous CUP on file for 20/20. Recycle Centers dating back to 1988, that CUP allowed for a small recycling center that included four igloo receptacles and a small kiosk. The current RePlanet operation is much larger .and requires . an amendment to the existing CUP. s-s ATTACHMENT 3 _ ,~ ~_ . Code Enforcement/Plannina Response: Code enforcement staff issued an Notice of Violation to the owner.(s) and operators of the RePlanet recycling center as well as the property owner(s) requiring that they amend the existing CUP or, modify the operation to comply with the existing CUP or cease operation and, in the case of continued operation, obtain the proper business license. Summary As of October 22, 2007 the operators of the RePlanet recycling center have contacted the Planning Department to initiate the process of amending their CUP. Once that has been completed they will obtain the required business license. Although the RePlanet Yecycling center is a draw on police resources it is due, in large part; to the calls 'for service for individuals who use the recycling center. The majority of these calls (16) aze from one individual who lives across the street from the center. It is important to note that of these 16 calls for service, only foot described a potential crime. The other 12 calls were related to "transients" simply being in the area. Of the remaining 21 calls for service from other reporting parties,., nine referred to subjects possibly needing a psychological evaluation, four referred to subject being loud in the area, three referred to subjcts who were possibly intoxicated, and five referred to subjects who appeared to be "transients" but there actions were not described as being related to any type of crime. The Police Department must respond to such calls but cannot control the.legal movement of individuals on public strets and sidewlks. 8-9 if. ~~ ruts z2, 2oos V ~_ . 2~'~ Palomar Street Chula Visa, CA 91911 • 619.426.8a6Q ~~;~L 2Q ?aaa ~~AN~~N City Zoring Admi3istrator of Chula Vista Go Michael W. ~WaTker, ProjectPlznner Plznn~g aid Suilnng ~epa.-Lnent, Public Services Building. 276 Fourth Avenue Chula Vista, C_~i 91910 RE: Czse Number PCC-O8-020 (cr~,1315 > ;Td Avenue r - _. ,_.,~. ,_ . ... ''- _ ;: ~.~,: _=ivPr`•ZoriingAdmiuistraior: _..... _.... .. .. _ Y'i 1 ~ ~ }~ . 1:.-~tr~~e " "Y~_.b eLL . 'r :.:~ . ~ s~ ~'ma~ge_a Large zpartment property adjacent to.the recycling center cu~:zntly being' „y;~= ~~,;, _wr=?~Qpe=~~~ LvTy business and my residents have been negatively impacted by the recent .:; .::. , ~~.' ~~' `3p~ ;''eTocatt©ii'of the recycling center in the north parlang lot of the Save-a-Lot store. , .Y ~• ~ ~ ~, Since tfie move to the east sde of this lot, my resident have h?d to endure a great deQl of discomforts. 'T'here are oiiensive odors thatwzi~ over from ~~e tash and due . ...: . : , . , , .: ., to. customers of the center that_~-inzte ztid def'ecat~ against the wall adjacent to the `a~ar~ients. In zddition, there is.unreasonableuoisefrom the glass smaslzing and . • ` ~' crashing as well as the fightng and yeIling tLzt occurs betw°.~n the ausioners of ae center. The customers ofthe center aise use my property as z stopping point tc dump their trash all over the grass to sort it out prior to bringing it to the center. They leave then shopping carts on my c~sb appeal areas in front beca~.ise they, are not allowed to bring theme on the propertyof the center. F have lost residents beca•:xse of the close proximi~ of fee center to my zpzr~en+s and w~I con'•~ue to Mess this is resolved. I have inplored ue propel manzgement of the Save-a lot, in the spi-zt of being a good neighbor, to relocate ~e center to the west most side of their north lot where there is room, b*st they refuse. Please reaove tnis burden from my senior ci'dzen residents znd the ~easonaole i1*,te,-ference it hzs with my ~abuty to conduct business. a81so ATTACHMENT 4 i^ .Poly 11, 2008 Fagz . 7-2D 8-1 1 Gezv°zaI Maaager ..~ . To: cc: Subject: 7~z3/zgo8 Dear 11~IrcWalker; 1 am at your request Submitting my written complaint about the re-planet recycling center located @ 131b third ave c.v ca 41911 my name is Colleen Daley and l live at 286~P.a:lomarst.(accross the street from the Palomar st. entrance to save-alot . l have }ived here 5 going on 6 years and E have witnessed the kind or"people this business attracts, since the first year the re-planet was operating at this address. there are 13 to 20 home#ess people who frequent this #ocation on a daily basis .These homeless people steal grocery carts from Target, rite-aid ,cvs pharmacy,wailmart,walgreens are just same of the carts I ,have seen in the Save-alot parking lot and up and down the sidewalk.The Nameless people leave there trash in these carts sa no-one will take the carts from them . The cart collectors wont take any trash out of the. carts due to needles found in them and other drug paraphernalia. !n the meantime carts ar.e sometimes scarce. Those homeless people steal from yard to yard. } saav a homeless owned. pick-up truck out side the re-planet one night about 10 pm .i called the police but they didn't find anyone at the truck and left. The next day when !woke up and looked out the window # saw police at the re-#anet had been 6raken into. Union bank has been broken into. the Mailbox located an the sidewalk between save-all an rte-aid has been broken into. l had to get a goose to protect my yard, as a deterrent to homeless sleeping in my yard -but they sti#I got in until # had to put up livestock fencing to keep my;geese in and the homeless out. 1 went to a city council m~.efing on b=g7 and asked for the removal of the re-planet but riofhing was ever done~aboutit. 1 went as'far'as calling Ivii'cfiael Turko ' at KUS1 news and he did a story on the re-planet. Again nothing . I believe that the re-planet needs to be re-#ocated not renewed !!!!!!!!!! I believe we should move the re-planet to the police dept. parking lot so the police have a gr#p an the re-planet and the drug abusing and alcoholic, trash collecting ,thieves who wi[I steal your recyc#ables . 1 have ' chased them away from my recyclab#es can. Doesn't that mean they are stealing from the city? or the state? tease reconsid rene the re- planets (ease to operate .P{ease reconsider t e re-planets coridiona use Save a copy of this a-mail to my Sent messages folder . RE~ l ~ ~Ya-~ S ~z_ ~ ~ wL...Q ~~ c~ JUN 2 ~~ ~ I ~~CC,~CJi~ I ~' ~ ~?a'l~ 'F~, - http.// ail-s 3.msniv.m am/ap mai#fw mat ... Page ZJl 8-12 ~_ ~~ ~~e~ 3uly I5, 2008 ?vf~chael w. walkei, Protect Planner City of Chula Vista. PIasming and Bulding(PubLc Services 276 Fourth Avc Chula Vista, CA 41910 JUG ~ 1 2008 PLANrdING RE. C3ppositioa 'Z'o Project RePlanet Recycling Center (Case PCC-0S-(32d) Q,%e w~nuld 7~1ce to express our strong opposition to the establishment of the above mentioned recycling center adjac~t to the Save-a-I,ot-More, rich is located across from our property, V~Ia Tempr~ located approximately at Tl~d Avenue and Palomar Stteet_ Villa Temps is a homeowners association consisting of 36 individual town homes founded in 1986. we c~ntly participate in. the city's recycling effort as we have 2 foot yt=aite containers deployed in ors ~ ~ and have been hugely successful in the eftorf. we believe a~dat should be the prei'erred method of participation for residential properties. To have a coIlection center located near a community residential complex like Villa Temps encouras3es the freeIan~ collectors fo violate our property rights and trespass onto our grounds in search of recyclables, a§ we ha~%e experienced in the past Indead we in.sc~.Iled entrance gates last year to preverLt these people from ent ~a our propety, which at times was at 2 am. We expect the cup's support in protecting our grope;.ty. Yozss truly, ._ ... .. .. _ . _ .. .. _ . The residents of Vill Temps HOA (1" 0 itl Tem O_-4, Chula Vista, CA, 91911) L..L G t c= /~ ~/J ~~ ~~ ~J ~~~ ~ ~- a~ l?~~-~ V f ~, , ~z Q-1 R ~, USN 7-23 Q-i d .. . Redevelopment Corporation City of Chula Vista 276 Fo~-~th Ave Chula Vista, CA 919I I~..o~embrr d q 2t}t1g '> . ;. ~: #~ECEfVED f~ov Y a 2oas ~ ~~ ~ ~~ld RE: Opposition To Project Tams Pari$c Re ~~ ~9~ c37~ ~~~~' {tea l~~-~, Heating date of 11I13/2Q08 @6:OOpm We would Like to impress o~ strong opposition to the above mentioned ~img adjacent to the Save-a-Lot~tore, which is Ioca~ed across from our properly, VtU~. Temps, located approximately at Third Avenue, and Palomar Street (see phcltgs~ Villa Tenpra is a homeowners association consisting of 3b individual town homes founded in 1986. We cnxxently participate in the city's recycling e$~ort as we have two 6- foot white containers deployed in our property (see gichues} and have been higl;ly successful in the e$ort We believe that should bethe prefen-ed, method of participation fer residential groperties_ To have a collection center located near a coxmn~.'~ x~idential complex like Villa Temps encourages the freelance collectors to violate our propety rights and trespass onto our grounds fa search of recyclables, as we have experienced in the past and continue to experience. Indeed we installed enhance gates last yeaz to prevent these people from entering our property, which ai tines was at 2 am_ In addition to the violation of our security, we also feel tbieatea"d by the ~t that these individuals rummage tbru ota- garbage, which may include discm;3ed sensitive documents. Since the white containers already have the salted r~ecyolables, it is very easy for these people to access them and zemove.the cans, bottles, and other recyclalles, ~~ich they can easily taro into cash by simply walking .az~oss the street. These .easy pickings provide great incentive for these izidividuals to trespass onto oarproperty, We expect the city's support in pratecdag ~aur property_ The second reason we oppose the recycling center has to do with the reason given for the project that being that the surrounding T-~ATkets (of which here axe 6 nearby) and other stores which are required to comply with the Recycling CerttRr Apt (AB202Q}, have decided they don't want to n?canvenience themselves with having to ex°.:ate an intake and storage area i~de their stares. Thus this cater will allow them to comply with the Iaw, but they don't realize they are doing so by cr°.ating problems for the xLS-identL1 properties in the area A recycling center of this magnitude .goes beyond the reasonable size of what otbexwise would be a smelt azea inside each establishment. We expect the city's support in protecting our property. . Yours trLii?y, lj ~auric3e C mat, President on behalf of Recycling C.-nter 8~oun ~~-~a Area Palomar St and 3 ve. -Villa Temps HOA 1-17 st_y s r RecycIiag Center S-~sounding Area PaIomar-St ~ 3'~ Ave. -y~Ja'Pe~raFiOA, '=' ~i .-. .-:{;. 7-18 R_y ~ :~ 3elp me get the RePlanetrelocated. If you would like to see the Replanet relocated please sign this petition. I will submit this petition to the City Counsel meeting in December. The RePlauet is located on the ~aveALot parl~ng Iot. bite address: 131 Third ~ive_gu (~~y(/~Chula ~~sta _CA 91911. R-17 Si usted quiere ver RePlanet cambiado de Iugar, P©r favor $rme esta geizci6n. 'Estas firmas van a ser gresentadas en la sunta Consejera de la Ciudad en Diciembre. RePlanet es localizada en el estarionamierito de Save-A-Lod Direction: 1315-Third Avenue, Chula Vista, CA 91911. 8-18 NOMBRE DIItE~C`tbN TEI,~FONO ~ t p nom. c~--~-~ ~ 2. (~ (~.+ti-~~~ ~ ~ ~C,~~~ ~~~c:~ if you ~ntould lilze to see the RePlanet relocated ~?~.~' please sign this petition. I wi[[~submit this petition ~j' . to the City Counsel meeting in Qecember. The' ~~ ReP[anet is located on the SaveALot parking lot. ~ ., - ~ _ ~ ` ,~- .~-~~J ; ~_/ C~S~ ~ !nc r.~rt~ ~~ V ~ / `/ ~1 ~ `_ CJ ~ V l , • /`~/ / I ; ~ I Y i ~ ~~ ~ ' r ~~ 1 :7 //'' / i L ~ 1~ ~ v /~ !'7 „ L 1 ~~ St`s s 7-26 8-7 9 5-20 help me get the ~tePlanet relocated. If you would like to seethe Replanet relocated please sign. this petition. I will submit this petition to t3~e City Counsel meeting in December. 'I`he ReFlanet is located on the•SaveA~Lot help me get the RePlanet relocated. If you would ii~e to see the I~eplanet relocated please sign this petitzon. I will submit this petition to the City Counsel meeting in ~ece~nher. The RePlanet is located on the SaveAilot p -' g lot. to addr ss: 1315 Z`hird Avenue, Chula Vista; CA 91911. N?.M~ ADARESS PHOIV'E 7 5-21 Fleip me get the Re~'lanet relocated. If you would like. to see the Replanet relocated please sign this petition. X will submit this petition_to the Cify Caunsei meeting in Dece~aber. The RePlanet is located on the SaveA~ot parl~ng lat. Site addres`s~1315 Third A~ventze, Chula Vista., CA 91911. N ~~4LE ~ ~" ~ ~ ADDRESS.! ~ 1 ~~ V~ ~ PHO~ 8-22 Help me get the Re~lanet relocated. If you would like to see the Replanet relocated please sign this petition. ~ Dili submit this .petition to the Cii~, Counsel meeting in I3ece~nber. The ~ePlanet is located an the SaveA_Lot parl~ng lot. bite address: 1315 Third ~venn.e, Chula Vista, CA 91911. NAME ADDRESS PHONE 8-23 Cv~c ~soLUrioN N o. zoos-oo7 RESOLUTION OF TTr~ CHULA ~STA . Rr~71 ~ YELO?ME?~IT CORPORATION D';'NYING CON`D1iI0NAL li5E aERMIT (PCC- 08-020), TO OPERATE A S_M.~,L RBPLANET RECYCLING BUY BACK CElvi'ER LOCATF~ AT I3li THR_:? A~~NUE ~ TFiE CITY OF C?~=ULA VLSTA W~LREAS, the parcel, which is the subject matter of t, ;c resolL~tion, is represented in' Attzchment 2 a~ zched hereto end incorporated here by ``hi_c reference, and for the atrose of general descript?on s located at 1315 Third Ave-n~e, Chila Vis`~ and Wt~REAS, on March 27, 2008, a duty verified apptica.~on for a Conditional Use Permit (PCG08-020} was filed wu the Ci~y of Chula Vista on behaL~ of 'I'owa- Pacific, 1ZCO~orzted (AppIica-t) to ope,-2_se a recycling buy back center cgnsisting of two 8' x 20' roll-orT contaiders and a small build±h.g facade used to collect recyclable ite~a tl~ q + ;~ for CRV (Cali~rorilia Redempton Value} at `ue north parl~g Iot of the Saee-z-~,ot store, located at 7 31 ~ Third -_ venue' rrujectj; and .. ._ WI~REAS, the Project h2s been reviewed far compliance with the Czlifornia Environmental Qiality "Act (CEQA} end based on tzis review he En-rironmental Review Coord:r~tor deter-L.iaed tfia~ the project quali~es for a Class 3 eztegorical exemption pta~-t~ant to Section I5303 (new .cons~uction or conversion of small, stuctses) of the S``te CEQA Guidelines. Thus no fL-thei environ~en`aI review is ~ecessa-y; ~d .. - ~N~REAS, a hear~g tine aced place was 'set. by .the ~ Chutz -Vist=_ RedeveIop~ent _ _ Corporaton (C-JRC) for cansider~tiot of the Proj ecf and "notice of said ~ez*ing, to?e`1~er with its purpose, was given by i+s publicatbn in a newspaper of genet c~rcuiaton in the Cityr and its mailing to property owners and residents within 500 feet. of the exterior boundaries of the prapei ~ , at least ten (10) days pricer to the hearing; and Wl'~REA.S, the • Chia Vista Redevelopment Corpoztoa held a duly Hotted public hearing•to consider said appltcaton at the time and place as advel~isecL nanaeIy Novc*~be= 13, 2008 ~ 6:00 p.m.. n the Council Chambers, 276 Fourth Avenue, before the Chula Vistz Redevelopment Corpor~ton and std he2n'_ng was thereuLUrr closed; and NOW, ~ tLRErORE, BE IT RESOLVED that `fie Chula Vista .Redevelopment Corporation does hereby find, deter-one, Ld resol-~e ~s follows: i'h~e Project and Conditional use Per~rt _(PCC-08-020) are denied based on the following ceding of fa :ts iZ accordance wztn Chula Vista. Mc~cipat Code Section 19.14.080: 1. That the pro~oseC L$e at t~ IOCctlan :s hat Il8Ce5SZi~ Or de5'rnble to pra~•zd_° a SerSICe OI fzciiiy wT~ich wiL co*_~ibute to +?-~e general caeTS be-~.g of the neighbor?~ood or the co~tmity. 78x24 ATTACHMENT 5 CVRC Resolution 2008-007 Pa?e 2 T"tie Project is t.*odesL~bie m the area because ~a,y residents adjacent to, and w1t~ `fie vIC'~,Iiy O. the ICCyC +n? Center IiaVe seised COIlCernS 2~OLTt' the t*?~.iienS Who IDIter zrot~d the center bringing and Ieati2~g saopp~g carts, trespzssing, n,-~,-,a~;na ti,-ough t-ac_h recap ~~les, and stezl_ing recyclable items nom private prppeity. Residents have cai.Ied the Police Department several times to the area because the evidence indicates that these incidences are associaLd v~rish the recycling censer. The applicant sez;;,hed'for o`er potential locations i~ o her commercial and industrial areas away from residential areas, bL*t storeowners and landlords wand not consider siting she recycling center on t7eir prope_ty. Based on this, -u} e Project would negztiveIy contr_'bu~e to the general well being of the commulzity. 2• That such we will, tinder the circZ=st~ces of the pzr'~ic•~ilar case, 'oe de~:men~.~1 to the aeai`~:, safety or ge~~l welfare of persons residing or working is the vicini~ or inj[II10L5 tD property or improvements in the vicinity. ' The Project uill_ be a dettiiaent to the residens in the zrea because of the contnual negative activities associated with the recycling center including offensive odors from ~sli and ~-nsients u,~inating and defecatng ago; t tue ;vall adjacent to the apartments; unreasonable noise from glass .'s a ,;,,~ and' crusaing; fi ting tTarsieL ~ ~ ~ amd yelling among .... ts;•'trasa dumped on resdenal aroperty; transients Ie~~-;ag shopping cabs zlong the curb in front of the adizcent anar~ents; transien*s trespassing on residential prop 1~ in sea~;,h of recyclable items; and sec,?-i,y concerns, 3. That tae proaosed use will co*nply w~~a the regulations specified in the code for such use. '! ~e Project zd its locator, con-pl±es wi+~ th•_ app3icable reg-~laiiors and stndards spe:,ij.ed in the Municipal Code for recyc'ing center use. ~?thouPh the tse rampIies vita all City zoLing and build~.g reguations, this is a discretionary action, and as part of the ._.. LcLetionary' ~evlew, aspects, of. `tee. _Project .lust be considered- uctadi_*Ig potential spzcts to one ~.ealrh; sa~ety and well being of persons 1ivls~ aid woriciog.in the vicinity: ~ .. f's s'ated in Find;.ngs 1 and 2, the Project is a detrineat to the suroending community therefore, theProject shotid be denied ~. That deal of this Condit2onal Use Fern will not adversely area tae General plan of ~e City ~d the Urban Core SpeciSc Place, ' . :4lthou~i,;;r~e Project confo,-,-_,.s to the City of Chia Vista General Plan ~d Zon;sQ Ordinance, 'die Project coni!i~s vrith General Plan Lznd Use and Transportztiors lament (LLi) Objectve 35, `'Revi`~alize aid protect enis',_n.g sable residential neighborhoods in tae Soushwest Planning Al ea from adverse land useL--pads" zrd LUT Policy 35.4 `rocus on historic nreservztion; sa_ety. and security; and code enforceriient eiior`s with*rr older neigaborhooas in the Sot-tnwest Planing ,g2ez:~ "I'he project ,pzcts Objective 35 beczuse the residents acre subjected to various actions acid activities, s'~ed ~ Finding 2, by ~,-aasients who fr cent `~.e roc ci'n arez_ ie a , .. ~ Y -L-g center and the s`~otnding L Proj.,c~,T-,pacts Policy 35.4 bacaoce there h=.ve been many calls for senTice for ChL1a Yst?. Ponce response by resden~s to investigate disturbances in 'fie Project vicinity. inn Project aso impac`cs Poiicy;5,4 beca,e Code Enforcement efi'or-s wi=h;n otd.,_ nelehborhoods wirthin the Southwest Pl~inQ Arez are beiztg impacted by Cpnyn,in ai~em t5 t0 bi ~ a.~ g P ~ tae Fr of _..t ;,, ~ compliance. 7-~0 R-.~F cti-RC Resolt*~an Zoos-oo ?~~;. Fresen`~. by ~ ` Eric Crockett Redevelopment ~d Rousing?ssistamt D?rector PASSED, APPROVED, and ADOPT D by fae ChL]a Vis`~ Redevetaama~t Co~or~tion of tie City of Chula Vista this I ltn aay of D~ember, 2008 by the fond Wing vote: A~ ~S NAYS ABSENT': Directo*s: De~ochers,.Reyes, Szas, and Lewis 17~rectors: None Directors: Mtirioz, Paul Roonev ABSTAIN: Director: Narie . ATTEST: .. ~ °~~ _ ~ o CV o ric C. Crocker, Sew etas ~ Q ~~ • c ~- ~ D asfrs2oos o z s ~ ATE o~ cAL>r oRria. ) '~ ~ °~ ,~ ° . COUNTY OF SAN D1rG0 ) O~ °~°`' Q-Y'" CITY OF CSULA VISTA ) ~'~~NE GO`zQ~ i, Eric C. Crockett Secretary of the Chula Visa Redevelopment Corporton of the City of Chula Vif~ Califorri?, do hereby ce;t,~~ that the foregoing CVRC Resolution No. 2008-007 was d•,dy passed, approved, and adopted by the Chula Vista. Redevelopment Corpora~on at a regular meeting of the Chula Vista Redevelopment Corporation :Held an the llth day of December 2008. Executzd this I lth day of December 2008. . ~ ~-~ =~ Eric C. Crocketts Secretary 7-1i R-26 Approved as to fog by MLNUTES OF THE REGULAR MEETING OF TIC CHUI,A VISTA REDEVELOPMENT CORPORATION {CVRC) December 11, 2008 6:00 P.M. The Regulaz Meeting of the Chula Vista Redevelopment Corporation was called to order at 6:03 p.m. in the Council Chambers; located in City HaIL 276 Fourth Avenue; Chula Vista, California , CVRC ROLL CALL PRESENT: Directors: Desrochers, Reyes, Salas and Chair Lewis ABSENT: Directors: Munoz, Paul, and Rooney ALSO PRESENT: Interim Executive Director/Interim City Manager Tulloch; Deputy City Attorney Shirey, Redevelopment & Houszne Assistant Director Crockett Planning and Building Director Halbert Development Planning Manager Ladiana Senior Planner Walker, Senior Planner Tapia: Associate Planner Zumwalt; Environmental Services Program Manager France, Principal Project Coordinator Lee, Executive Assistant to the City Manager Peoples,. Senior Administrative Secretary Fields PLEDGE OF ALLEGIANCE. MOIvM.ENT OF SILENCE CONSENT CALENDAR APPROVAL OF MINUTES Staff Reco*_nmendation: Approve the minutes of the Regular Meeting of November 13, ?008. ACTION: Director Desrochers moved approval of the Consent CaIendaz. Director Reyes seconded the motion and it carried unanimously vrith Directors Munoz Paul and Rooney absent PUBLIC COMMENTS There were none. WTRODUCTION 2. GARY HALBERT; NEW PLANNING & BUILDING DIRECTOR Interim Executive Director Tulloch introduced new Planning & Building Director Halbert and spoke briefly on his work experience and backeround. Pale l of ~ CVRC -Minutes -December ] 7.3005 R=27 PUBLIC HEARINGS Chair Lewis announced that Item ~ was legally noticed as a public hearing; but inadvertently listed on the asenda as an action item. 3. TOMRA PACIFIC. INC. REPLANET RECYCLING CENTER (PCC-08-020) Public hearing to consider an application for a conditional use permit for a small recycling buy-back center in the Sav-a-Lot parking lot located at 131 Third Avenue in the Southwest Redevelopment Area. This item was continued from the meeting of November 13.2008. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Development Planning Manaser Ladiana introduced the item; and Senior Planner Walker presented the staff report and responded to questions. Chair Lewis opened the public hearing. The follo~dng people were present wishing to speak: Maurico Chamat, Chula Vista resident representing Villa Tempra Homeowners Association; comprised of 36 residential units, spoke in opposition to the proposed CUP and presented a petition in opposition signed b}~ 39 people. Theresa Accero, Chula Vista resident spoke in opposition to the proposed CUP. Colleen, Chula Vista resident; spoke in opposition to the proposed CUP and presented petitions signed by 56 people. Frank Kamerro,.representing Tomra Pacific, Inc. Replanet Recycling Center spoke in support of the proposed CUP and presented a brief video taken at the site feariring several Chula Vista residents speaking in support of the Center. Clando Brownlee; resident of National Ciiy; representing .UNYRG - a youth recycling fundraising organization spoke in support of the proposed CUP. Enrique Santabalbine, Chula Vista resident spoke in support of the proposed CUP and was one of the local residents featured in the ~~ideo. ' lose Felix Garcag; Chula Vista resident spoke in support of the proposed CUP. Maria Garcia, Chula Vista resident_ spoke in support of the proposed CUP. Chair Lewis closed the public hearing. Pace 2 of S CVRC -Minutes -December 11: 2D08 R-.7R ACTION: Director 5alas moved to adopt CVRC Resolution No. 2008-007. heading read; teat waived: CVRC RESOLUTION NO. 2008-007; RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION DENYING CONDITIONAL USE PERMIT (PCC-08-020): TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 131 THIRD AVENUE IN THE CITY OF CHULA VISTA Director Reyes seconded the motion and it carved unanimously with Directors Munoz, Paul and Rooney absent. ~. MOSSY NISSAN Public hearing to consider a request for approval of a Design Review application to permit new commercial construction of a, 3I,796 sq. ft. Mossy Nissan auto sales and service building located at the northeast comer of the intersection of Main Street and Auto Park Avenue. Notice of the hea_*ing was given in accordance with legal requirements, and the hearing was he]d on the date and. at the time specified in the notice. Development Planning Manager Ladiana introduced the item; and Associate PIanner Zumwalt presented the stiff report and responded to questions. Chair Leads opened the public heading. Darrold Davis of CCBG Architects Inc.; architect for the applicant; responded to questions of the Board. There being no others present wishing to speak; Chair Leafs closed the public hearing. ACTION: Director Desrochers moved to adopt CVRC Resolution No. 2008-008 heading read. teat waived: - CVRC RESOLUTION N0. 2008-008, RESOLUTION OF THE CHLZA VISTA REDEVELOPMENT CORPORATION APPROVING A DESIGN REVIEW PERMIT (DRC-08-019). TO ALLOW THE CONSTRUCTION OF A 31;796 SQ. FT. AUTO DEALERSHIP LOCATED AT THE INTERSECTION OF MAIN STREET AND AUTO PARK AVENUE AN'D AN AUTO STORAGE LOT LOCATED ON AUTO PARK PLACE IN THE CITY OF CHULA VISTA Director Sa1as seconded t're motion and it carried unanimously with Directors Munoz, Paul and Rooney absent. Pa~e3 or'S CVRC -Minutes -December 11.2008 R-7A ACTION ITEMS Chair Lewis, once again stated that item ~ was a legally noticed public hearing that had inadvertently been listed on the agenda as an action item. 5. VASQUEZ 1NDUSTRL~L BUILDING (DRC-0702M) Proposed modifications to the exterior elevations of the previously approved multi-tenant industrial buildins. Notice of the hearing was given in accordance with legal reouirements, and the hearing was held on the date and at the rime specified in the notice. Development Planning Manager Ladiana introduced' the item. and Sehior Planner Tapia presented the. staff report and responded to questions, , The follovdng people were present ~~ishing to speak: Theresa Accero; Chula Vista resident representing the Southwest Chula Vista Ci~ric Associ?_tion; spoke in support of the project. The architect representing the Vasquez family responded to the Board's questions regarding the process the Vasquez family had gone through and the amount of time and costs incurred. Chair Lewis appointed a subcommittee of Directors Desrochers and Reyes to work with staff and the Vasquez farnily and their architect to get the project done, and to bring a report back after the first of the year. Chair Lewis closed the public hearing. ACTION': Director Desrochers moved to adopt CVRC Resolution No. 2005-009 heading read, text waived: CVRC RESOLUTION N0. 2008-009, RESOLUTION OF THE CIiULA VISTA REDEVELOPA~fENT CORPORATION .~PPRO~TLNG DESIGN REVIEW PERMIT (DRC-0702M) REQUESTING EXTERIOR MODIFICATIONS TO A PREVIOUSLY APPROVED 24;585-SQUARE FOOT INDUSTRIAL BUILDLNG AT 144 27' ~~ STREET IN THE CITY OF CHULA VISTA Director Salas seconded t!`~e motion and it carried unanimously; wiu't Directors Munoz Paul and Rooney absent. Page 4 of ~ CVRC -Minutes -December 17, ?008 a_~n 6. CHIEF EXECUTIVE OFFICER'S REPORTS Interim Chief Executive Officer Tulloch reported that the City Council had selected Jim Sandoval as the new City Manager, so this would be his last meeting Huth the CVRC. He then stated that he had had the opporhuuty to observe the Board members in several capacities since coming to Chula Vista and that he had been continually impressed v~ith the depth and breath of their experience and dedication to Chula Vista and its development.. He then wished them well and thanked them for everything they do for the City and expressed his hope that they would be given even more oppomtniry to do the kinds of things that they want to do for Chula Vista. 7. CHAIRMAN'S REPORTS Chair Lends ~n~ished everyone a happy holiday season. 8. DIRECTORS' COMMENTS Director Salas stated that he had spoken with the Director of the. City of San Diego Redevelopment Asency resarding tax increment funding for low and mod housing, and the possibility to eh-tend from the 20 years out to 40 years. There may be hope of extending the tax increments to create a funding stream to be used for low mod housing. .Director Desrochers proposed a workshop be held in the next month or so on the Bayfront to include ?he CVRC. City staff; and the Port District. Interim Chief Executive Officer Tulloch stated that a number of things were being done to keep moving forward on a ba}d'ront development. and he will pass this interest on to City Manager Sandoval. Director Desrochers inquired of Rede~~elopment and Housine Assistant Duector Crockett, as to the effects of the budget cuts on his depzrtrnent, noting that he would hate to see the City combine Redevelopment & Housing v,~ith General Fund so as not to weaken the department. Interim Chief Executive Officer Tulloch provided a brief oven~iev,~ of the estimzted City budget shoitfaIls, noting that people were asking about the loan between the RDA and the General Fund and whether there was a way that the RDA could somehow repay part of it back. Director Salas offered assistance from the CVRC Directors to assist staff in whatever way needed. ADJOURNMENT At 7:~3 p.m.; Chair Lewis adjourned the.meetins to the Regular Meeting of January 8; ?009 of 6:00 p.m. and noted that the December 25, ?008 meeting had been cancelled. ' G o~ 00,9 ~~`pO vl S/\ ~. o CVRC $ ~ Z o $ D6/i512D05 c 4 Paee ~ of ~ ~~`~'°MENT GD~eo~ Eric Crockett Secretary CVRC -Minutes -December ] 1, 3005 8-31 ~~~~~~~ X10 ~ -~~ DEC i 9 ~0~8 ~Uiri YIJ I~'1 .~~~ -_ '.. 1 ~i~ IIf J;~1`l. Q 6 2~D9 Appeal the decision of the: ~ 1 ' ~17 , ~ T~i ~. i~~~'~,qq l d~~ i~~ nn~ a fD ~,/e'~p ~r t n e n t III.~JDIL^.L-..JC~ 14~!3+e ``i0 Gn1En( FfOCE551n~ rJETY OF~A>~~~i1CATlau FORM Cl ~ i GtEFcK'S Of rll.. ^ Zoning Adn-,inistrator i p ~ a - -- ` ^ Design Review Commit*.ee .; - - ~ ~ _ - ;.., _ ® Planning Commission (C. V. R. C.) ~ ~- ~ ,u ~ ~ -.~ "~ _ ~r ~ ~y ~ - Application inforrrtation ~'~`'"~'w, i ~; ~~~ Yid*~~~5 ~ y ~o ~. Marne of _._....,. G .~.-~~. ,~ - ~~~ .'~j Appellant: Tor~a_ ppcLFSG, zr.c. Phone No. (9S~ 520-1700 ~ ~ ~ ~ -~~ Home Address: Business Address: 1~0 tZ1uQ Circle, Corona, CA 9.2880. PrOjeCt AddreSS: 1315 Third Aver_ue . Chulz V{ stn C?_ 91911 Project iJescription: Coaditioazl IIse ?emit No.~ 2CC-08-Q20 ' (Example: zone change, variance, conditional use permit, design review, etc,) Please use the space below to provide a response to the decision you are appealing. A«ach additional sheets, i? necessary, --_T079RS a~pEals--the China Vista Redeveiorvneat Cc^roraticn's ("C4RC") denial of TCMRits avnhcztion for Conditi'ohzl` Cse "F ex=•,;.i° lac vCC-08-OZD ("rise =e-nit"1 -` to ~o~'~ -te a sil _beverage coatainer.recgcl=:~ z=:d reea_nt'ca -e^`e- ("R=cY^i{•-¢ Ce-tee ") - tae oe k' q tot tarea of the Sav-a-Lot shottinsr center located at 1315 Third Avenue .n the Citv of C'cule Vista, based uron.the `o~lo--ie ¢-ounds• fil the Cv-R f{-~'in~s f~ ~ tai F 1- II e F rat" ._zre iaaaeauzte as .thou are act suntorted ;v evidence ~^ ttie zd=±'Z~s`-a''v= - cc-'• (1) ^C'nr.~f,'s Recycliast Center eas~~y satis~{es all 0~ tie =jndi ~s t.ZZe- C `v Mt..a'ci tal o < cP rt nn ' •19.14.OB0 nacessaiY for the CVRG to ¢ta=t the IIse ve*~~`• a=d (3) `be CVRC's denier o= the Use P<_rmit was arbi tear? and caoritie~!s ar_d the^ere-e - v'otz'-'o-i o° 'rni.rte ~ c ro-s` ''c i ~~ .t'. t5, inter. alit, Eats taative dlle eroc ess rikhts. Sub'ect to _°L'rtLEr investiPatiC] TOi.•r',A resets s he sign o zise additio_zi grounds for apgezi other this. those set forth zbove. G Signah!re f Aopellan Dare , " DO NOT WRJTE IN THIS SPACE Ti-~e above matter has teen scheduled for public hearing before the: L7 Planning Commission ^ City Council on Planning Commission Secretary C;~y Clerk Z7'a Fourth Avenue ~ Chula V~;a i. C,~lifprnia ~ 9i91o ` (e14) fi47-StOt i IRt_SR9 TOlVIl2_a Pack, Inc. Appeal On December 22, 2008; TOMRA Pacific, Inc, submitted an appeal, alleging the following: 1) TOlvIRA Pacific,' Inc.: "The CVRC's fmdings for denial of the lise Permit are inadequate as they are not supported by evidence in the administrative record." The CVRC's fmdings for denial are supported by substantial e~~dence as outlined in Resolution 2008-007, more specifically: Finding 1-19.14.080(A) states: "That the proposed use at the particular Location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. " The findings of fact in the attached CVRC Resolution state that the recycling center is undesirable in the area because many residents have raised concerns about transients who loiter around the center bringing and leaving shopping carts, trespassing, rummaging through trash receptacles, and stealing recyclable items from private property. Residents have called the Police Department several times to the area and the police reports indicate that these incidences were in the area of the recycling center (see Attachment 7). Finding 2 -19.14.080(B) states: "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. " The CVRC found the recycling center to be a detriment to the surrounding community. The residents in the area have continual concerns for the negative activities associated around the recycling center including offensive odors from trash and transients urinating and defecating against the wall adjacent to the apartments; unreasonable noise from glass smashing and crushing; .and loud altercations among transients; trash dumped on residential property; transients leaving shopping carts along the curb in front of the adjacent apartments; transients trespassing on residential property in search of recyclable items; and other security concerns. Finding 3 -19.14.080(C) states: "That the proposed use wi1Z comply with the regulations and conditions specified in this title for such use. " Although the use complies with all City zoning and building regulations, this is a discretionary action, and as part of the discretionary review; aspects of siting the recycling center must be considered including potential impacts to the health, safety and well being of persons living and working in the vicinity. The center has attracted transients to its location frequently resulting in the undesirable activities identified in Findings 1 and 2. 8-33 Finding 4 - 19.14.080(D) states: "That the granting of this conditional use will not adversely affect the general plan of the city or adopted plan of. any governmental agency. . Although the recycling center conforms to the City of Chula Vista General Plan land use designation and development standards for such uses as outlined in the Zoning Ordinance, it conflicts with General Plan Land Use and Transportations Element (LUT) Objective 35, "Revitalize and protect existing stable residential neighborhoods in the Southwest Planning Area from adverse land use impacts" and LUT Policy 35.4 "Focus on historic preservation; safety and security; and code enforcement efforts w7thin older neighborhoods in the Southwest Planning Area." The center impacts Objective 35 because the residents are subjected to various actions and activities, stated in Finding 2, by transients who frequent the recycling center and the surrounding area. The recycling center, at its location, also impacts Policy 35.4 because there have been many calls for service by residents for Chula Vista Police response to investigate disturbances, and has impacted Code Enforcement efforts to bring the Project into compliance. 2) TOMRA Pacific, Inc.: "TOMRA's Recycling Center easily satisfies all of the fmdings under City Municipal Code section 19.14.080 necessary for the CVRC to grant the'Use Permit." TOMRA did not provide any evidence contrary to the CVRC's fmdings. However, at the public hearing several members of the public came and spoke in support of the recycling center, stating that the center is an asset to the neighborhood because it provides a convenient location for their recycling needs. However, neighbors immediately adjacent to the center also provided testimony to the CVRC to the contrary that indicated the center was not desirable as discussed under Findings 1 and 2 above. 3) TOMRA Pacific, Inc.: "The CVRC's denial of the Use Permit was arbitrary and capricious and therefore a violation of TOMRA's constitutional rights, under inter alia, substantive due process rights." Staff provided due process by analyzing the CUP application in accordance with Title 19 (Zoning Ordinance); including staff review of the project, and holding a neighborhood meeting where the applicant and public were provided an opportunity to present their position on the issues and discuss solutions to identified impacts. Following the public meeting, a duly noticed public hearing was scheduled before the CVRC on November 13, 2008. At that hearing, the applicant requested a continuance, which the CVRC granted to a date certain December 11, 2008. At the December 11, 2008 hearing, the applicant was given the opportunity, and did present their position. Members of the public were also given an opportunity and did speak at the hearing. In addition, the applicant has exercised due process by appealing the project to the City Council. R-34 RESOLUTION N0. 2009- RESOLUTION OF THE CITY COUI~TCIL OF THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DEI~'YI_NG CONDITIONAL USE PERMIT (PCC-08-020) AND APPROVIhTG CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315. THIRD AVENUE IN THE CITY OF CHULA VISTA L RECITALS A. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit 1 attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1315 Third Avenue, Chula Vista; and . B. Project Pernuttee WHEREAS, on March 27, 2008 a duly verified application for a Conditional Use Permit ("PCC-08-020") was filed with the City of Chula Vista Planning aril Building Department by TOMRA Pacific, Inc. ("Permittee"); and C. Project Description; Environmental Determination WHEREAS, The Permittee requests permission to operate a recycling buy back cenfer consisting of two 8' x 20' roll-off containers and a small building facade used to collect recyclable items that qualify for California Redemption Value ("CRV") at the north parking lot of the.Save-a-Lot store, located at 1315 Third Avenue ("Project''); and WHEREAS, the Project has been reviewed for compliance with the California Environmental Quality-Act ("CEQA") and based on this review the Environmental Review Coordinator has determined that 'the project qualifies. for a Class 3 categorical exemption pursuant to Section 15303 (new construction or conversion of small structures) of the State CEQA Guidelines. Thus no further environmental review is necessary; and D. Other Boards and Commissions Record on Applications WHEREAS, the Assistant Director of Redevelopment and Housing set a hearing time and place for consideration of the Project by. the Chula Vista Redevelopment Corporation ("CVRC") 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 ten (10) days prior to the hearing; and 8-35. CC Resolution 2009- Pa¢e 2 WHEREAS, the CVRC held a duly noticed public hearing to consider said application at the time and place as' advertised, namely November 13, 2008 at 6:00 p.m. in the Council Chambers, 276 Fourth Avepue. Said hearing was opened and continued as requested by the Permittee; and WHEREAS, the CVRC held the continued noticed public hearing to consider said application on December 11, 2008 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed, and the CVRC voted 4-0-3 with three CVRC Board Members absent, to deny said Conditional Use Permit whose decision was appealed by the Permittee; and E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the appeal; 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 site at least 10 days prior to the hearing; and WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely January 27, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council continued the appeal public hearing, at .the request of the Permittee, to the March 3, 2009 meeting; and WHEREAS, the Chula Vista City Council held the continued public hearing to consider said appeal on March 3, 2009 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue and at the request of staff and with the Permitee's concurrence, the City Council continued the appeal public hearing to the March 17, 2009; and WHEREAS, the Chula Vista City Council held the continued public hearing to -consider said appeal on March 17, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: II. CONDITIONAL USE PERMIT FII~tDINGS FOR OF APPROVAL 1. 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 the community. With the revisions to the proposed project that the Permittee has committed to implement, the proposed project is desirable because it will increase general public convenience by providing for the demand for recycling services necessary for the development of recycling efforts in the area. The proposed use will be integrated with the existing store 8-36 CC Resolution 2009- Page 3 functions and will not interfere with any activities or conveniences of the general public. The proposed use will contribute to the general well being of the community by . providing a useful recycling service. 2. That such use will, under the circumstances of the particular case, not 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. With the revisions to the proposed project that the Permittee has committed .to implement, the provision of this particular recycling center's service will provide a useful convenience and should help to enhance the general well being of the citizens of Chula Vista. The center's location will ensure availability of recycling services to the general public and satisfy the state recycling requirements for the Sav-A-Lot store. The - ~ placement of the recycling center, at its original location, allows for easy public access and will reduce or minimize impacts to the adjacent multi-family residential zone to the east and other business operations in the immediate vicinity. The Permitee will conduct business between 10:00 a.m. to' 5:00 p.m., Tuesday through Saturday. The reverse vending machines will only remain operational during the hours when a personal uniformed attendant is present on-site. The Pennittee will continually ensure that the recycling center is supervised by an employee attendant during all hours of operation; strictly enforce the standard policy of refusing to accept materials in curbside containers, multi-family recycling bins, shopping carts, or materials which the operator's recycling center's attendant identifies as being stolen; and strictly enforce the Permittee's standard policy that the recycling center and surrounding area be kept free of trash and debris. 3. That the proposed use will comply with the regulations specified in the code for such use. The approval of this conditional use permit is contingent on the Permiftee and Property Owner's commitment to satisfy all conditions of approval and to comply with all applicable regulations and standards specified in the Municipal Code for recycling center use. With the revisions 'to the proposed project that the Permittee has committed to implement and the Pennittee satisfying all conditions of approval for the proposed project, the proposed use will comply with all ,City zoning and building regulations, where applicable, as well as General Recycling Center regulations provided by General Services Environmental Services. 4. That approval of this Conditional Use Permit will not adversely affect the General Plan of the City and the Urban Core Specific Plan. With the revisions to the proposed project that the Per7nittee has committed to implement, the proposed Project, as conditioned; is in conformance with the City of Chula Vista General Plan and Zoning Ordinance. Furthermore, the Project will not adversely affect . the policy and .goals of the General Plan. R-'~7 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it hereby grants Conditional Use Permit (PCC-08-020) subject to the following conditions of approval, required to be satisfied by the Applicant to the satisfaction of the Development Services Director or his/her designee: III. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant shall satisfy the following requirements: 1. The Permittee shall submit plans for any necessary building permits. The Project shall comply with all applicable building codes including the 2007 Ca~ifomia Building Code. 2. The Permittee shall move the recycling center several parking spaces west and near the central access drive along Palomar Street from its current location, in the northeast comer of the parking lot and in close proximity to the multi-family zone, and rotate the center to face towards Third Avenue. This places the center further away from the apartment complex and orients the recycling activities toward the existing commercial uses away from the adjacent residential zone. 3. The Permittee shall obtain a business license. 4. The Permittee shall provide a mounted and accessible 2AlOBC fire extinguisher in each of the sea containers and building facade. 5. The Permittee shall prepare and pay for a mailer to all households located within the vicinity of the center. The mailer will detail all the significant changes made to the recycling center to incorporate the neighbors' concerns and to bring the facility into compliance with the applicable state and municipal laws. The mailer will also highlight the name and phone number of a TOIufRA representative to whom the residents can direct any concerns about the center. II. Prior to occupancy or use of the site in reliance on this use permit: 6. The Permittee shall permit a final inspection of the facility by the Development Services Department staff to ensure that all conditions of approval listed in condition Sections I above, have been met and all necessary permits have been obtained. III. The following on-going conditions shall apply to the subject property as long as it relies upon this approval. 7. The site shall be maintained in accordance with plans approved on March 17, 2009. R-3A 8. The Permittee shall maintain the hours of operation of the Recycling Center from 10:00 a.in. to 5:00 p.m., Tuesday through Saturday and closed on Sunday and ~. Monday. The reverse vending machines will only remain operational during the hours when a personal attendant is present on-site. This includes pick-up and drop- off ofthe containers. 9. The Permittee shall ensure that the recycling center is supervised by a personal attendant during all hours of operation. 10. The Permittee shall strictly enforce 'I'OMRA Pacific, Ine.'s standazd policy that the recycling center and surrounding area be kept free of trash and debris. 11. The Pennittee shall maintain the minimum 20-foot Fire Lane at all times, and ensure the placement of the center allows for clear access at all times. 12. The Permittee shall ensure stored recyclables shall be removed weekly, and may not be stored on site for a period longer than one week. 13. The Permittee shall ensure the unloading of collected materials be accomplished entirely within the containers, with glass bottles being unloaded into specially lined bins. 14. The Permittee shall ensure that all structures and equipment shall be kept free of graffiti at all times. 15. The Permittee shall allow the site to be inspected six months from the approval date of this conditional use permit to check for conformance with project plans:and conditions of approval and to respond to complaints from the residents as may be necessary. The Permitte shall make any and all remedial measures required by staff to keep the project in conformance with project plans and conditions. I6. The Permittee shall adhere to the following general recycling center conditions: a. Every Permittee shall maintain a written record and make an annual report of refuse/recyclables purchased, received or collected to the Environmental Services Program Manager. The report shall be made on a form acceptable to the City Manager _ or designee and include but not be limited to: Characterization by materials type, tonnage, destination (processing, end use or disposal) and total customers. The report shall be delivered to the Environmental Services Program Manager no more than 30 days following the end of the calendar year. The report may be cumulative for all Chula Vista sites the Permittee may operate. 8-39 b. Pemzittee shall maintain a written record of transactions for a minimum of five (~) years and make such records available, on site, during regular business hours, with two-business days notice by the City's. Environmental Services Program Manager or designee. The transaction record shall include but not be limited to: characterization by material type, weight, total customers and jurisdiction of the customers. c. Permittee will pay for or take for free all recyclable materials and will not require or accept payment to receive materials from its customers. d. Permittee shall not accept nor pick up mixed waste materials, garbage, rubbish or refuse as defined in the Chula Vista Municipal Code Chapters 8.24 and 8.25. The facility is being permitted as a recycling facility only and not a waste processing or transfer station. The total amount of waste generated at the facility may not exceed 10% of the monthly volumes. e. Permittee shall maintain sanitary premises at all times, shall contract with the City's franchise agent Allied Waste Services for removing, conveying and disposing of non-recyclable wastes generated at the facility and maintain a waste receptacle for use by Permittee's customers during all operating hours. Onsite compactors are for densifying recyclable materials and not for trash service. f. Permittee shall cooperate with City recycling projects. including but not limited to: promoting City sponsored solid waste management events, allow the City to place drop-off collection bin(s) at their facility, and assist the City and residents regarding its use. These bins would be placed for the public benefit to recycle materials that cannot currently be recycled at the Permittee's center (such as mixed paper). The City's contractor or the recycling center operator may service these bins by mutual agreement. g. Permittee shall develop and implement a policy that- discourages theft of materials from other legitimate recycling and solid waste diversion programs, to include staff training on how to initiate discussion with the public informing them that the center will not accept stolen material- including material in a shopping cart, curbside bin, refuse or recycling cart. h. During all hours of operation, ~ the recycling center shall place a sign to the general public that reflects the anti-theft policy as follows: R-a fi • Material placed for collection at the curb, in a multi-family or commercial bin for recycling may be removed and conveyed only by the City and/or its agents. At the Citys request, TOMRA Pacific, Inc. must consider materials brought to it in City bins, or shopping carts to be stolen and will not accept the items. ® Unicamente los empleados de Allied Waste Services y La Ciudad de Chula Vista cuentan con autorizacion para remover material reciclable dentro de cualquier contenedor puesto a coleccion. La Ciudad de Chula Vista reserva el derecho a solicitar que (TOMRA Pacific, Inc.) considere robado e inaceptable el material traido en contenedores pertenecientes a las agencias mencionadas o en carros de tiendas. i. Permittee shall submit a list of commodities accepted at the center to the Environmental Services. Program Manager for approval. The list shall not be altered without prior wntten.consent of the Program Manager. The City shall not unreasonably withhold a request by the Permittee to add or remove an item. j. Pennttee will remove all improper disposal and shopping carts from the public thoroughfare that are within 500 feet of the entrance and/or exit of their operation, as frequently as necessary, to keep the public thoroughfare free of carts and debris -but no less than daily, at the close of each business day. The Permittee shall also arrange for the return of carts to the proper retailer and proper recycling or disposal of abandoned materials. k. Permittee is aware of the regulations regarding signage within the City and will adhere to those regulations as well as all other local state and federal laws or regulations. 17. Approval of this Conditional Use Permit shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 18. This Conditional Use Permit authorizes only the use specified in the application for PCC-08-020. Any new use or modification/expansion.of uses authorized under PCC-08-020 shall be subject to the review and approval of the Zoning Administrator. 19. The Project shall maintain compliance with the City's Municipal Code noise standards. If the City fmds that t'~e Project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 8=4i 20. The Permittee/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (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. Pem~ittee/Operator shall acknowledge their agreement to this provision by executing a copy. of this conditional use permit where indicated, above. Permittee'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 Permittee's/Operator's successors and assigns. 21. This Conditional Use Permit shall become void and ineffective if not utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. 22. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification. of this permit. IV. GOVERNMENT CODE SECTION 66020 NOTICE 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 expirecL V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL By signing the lines provided below, the Property Owner and Permittee expressly affirm that they have each read, understood, and agree fo the conditions contained herein, and will implement the same. Upon execution, this document shall be recorded with the 5-49 County Recorder of the County of San Diego, by the City Clerk of the City of Chula Vista, at the sole expense of the Owner or Permittee, and a signed, stamped copy of the conformed recorded document shall be submitted to the Planning and Building Department Secretary and the City Clerk within teri days of recordation. Signature of Permittee Date Signature of Property Owner Date VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fails 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 fiuther 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. Permittee or a successor in interest gains no vested rights by the City's approval of this Conditional Use Permit. VII. IlVVALIDITY: 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 any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the Permit shall be deemed to be automatically revoked and of no further force and effect. 8-43 Presented by: Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director J:\AttomeyltvlichaelSSlRePlanetRecycling\7omraCC-ResoMODff IED-3.17.09-FINAL. doc R-d4 - --..:. _..-- -----.._._... _ --- ---- I Y HESIOENPAL Off1CE N p FAST _ SHELL ~ ~ % /'`~ `~S 1 6ThTION ~ ~ 5 EQ1 ,/ `~ i. s '(R , ~\) ~~, ', f ~~ , t t •9fi Sp FT OrcNpancy: I ~"r Y'aJStna Consbvcnan Type: JYPe VJ.NON SP'INIneJ i Pasking Spacer. KFp ~ ~ 814V-A-LOT - \•\I ' ~ ~ •\ APARTMENTS ._ S ~~ ~.~ •. J 3 ~ /~ ~~ ~ ~\ ~~ '\ ~ ~ l ~ ~~ \ \ ~ COMM[RCIAL \ \ \ \ ~ ~ RETAIL \ .\ \ ~ \ .\ G .\ ~ \ m ~~ :. 1~ ~~ \ • \ C ~~ •, ,. . ~, .\ _ ~~ ~, •\ ., _,, .-_ -~ \ - ~ SITE PLAN: _` / , ., ' 1 3 1 5 31~D AVENUE flePlane[ Dlmenslans Slde Access le'--r e' s L_Ll_l_LLLLLI LLLLLLLLL \.LLLLLLLLLI LLLI_l_Ll_LL LLLLLLLLL LLLLLLLLL /---16'-6'--/ 1-' m W .~y.. m I Id-w" ~- l N (~ • ., >>o rcj ~ ~,~; ~~t i~> o.-S 7 T U d I 91TE PLAN SP1 i! .. wig CHUTA~VISTA Mayor antl City Council Ciry Of Chula vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO March 3, 2009 TO: Mayor 8 City Council CC: Donna Norris, City Clerk Lorraine Bennett, Deputy City Clerk VIA: Mayor Cheryl Cox FROM: Jennifer Quijano, Constituent Services Manager~/~ RE: Application for GMOC -Development Representative Attached is the application for Carl Harry who has been recommended for appointment to the GMOC for the Development Representative. The ratification is scheduled for the March 17, 2009 Council meeting. ~~1ni~~" g ~ j a~ao ~3' ~o vr~f ri~ the uppCr'ca.-~-'ax~. o~ ~~ Office of Councilmember Pamela Bensoussan DATE: Tuesday, March 03, ?009 TO: Mayor a~ld City Council FROYI: Councilmember Paznela Bensoussan CC: Ciry Manager Jim Sandoval ~L(1~ ._.___~ _._,_~ cl o CHULA VISTA SUBJECT: Proposed Outline for Establishment of an Independent Advisory Board aka: Prop A Advisory Committee or (PA_AC) Note: This topic will be discussed at a Public Meeting hosted by Pamela Bensozessan in Council Chambers on Thursday, 4 pm, Nlarch 13, ?009 Background After declaring the city in a state of fiscal emergency, Chula Vista's City Council decided to conduct a special mail election on Nlay ~, ?009, for voters to decide whether to enact a 1% ten-year sales tax increase. A tmique aspect of the City Council's ballot measure was to install an independent oversight/advisory board to guarantee that monies resulting from the tax increase would be spent as promised and to issue reports and recommendations to Council._ Several years ago, when the City Council appzoved the Redevelopment Corporation (CVRC), it took almost a year to decide on the process for establishing a citizen's review board or "Redevelopment Advisory Committee" (R~1C). This proposal addresses the purpose and logistics. of setting up an Independent Advisory Board, in order to have a vehicle in place to facilitate and expedite its creation, in the event that voters approve the sales tax measure. An open meeting will be hosted by Councilwoman Pamela Bensoussan to converse with the public on this outline and to receive comments and suggestions. Purpose The Prop A Advisory Committee (PA.AC) will be tasked tivith overseeing allocation of funds received from the sales tax increase (Prop A) assuring that these funds are spent according to the stated intent of the May ~ ballot measure and to make recommendations and regular reports to City Council. Additionally, the Committee will report annually on the overall effectiveness of Prop A in addressing the following goals in stages throughout the 10-year period of the assessment: • Maintaining important public services that would otherwise be at risk (such as public safety, libraries, after school programs, park & recreation services, etc. as stated in the ballot measure - stage 1) ® Slowly rebuilding the city's budget reserves (stage Z). • Meeting infrastructure maintenance needs in Western Chula Vista and other areas where deferred maintenance has created serious problems (stage 3). ~~' ~ 276 Fourth Avenue, Cinch Fist=_, CA 91910 ~ w ~•cnularisfaca.gov ~ (61')) 6')t-~0~ ~ Fits (6l'I) 6)1.-~3 ~9 Termination of Tax Measure At any time, in the event of sufficient economic recovery, whereby the Committee determines that these Prop A funds are no longer critical to the organization, the Committee w711 recommend to Council that the Proposition A 1% sales tax be terminated. When Proposition A is ended the Committee will be dissolved. Committee Makeup/Appointments In order for the PAAC to be truly independent and broadly represent the interests of the people of Chula Vista, the appointment process should be largely ``bottom up" as opposed to the political (mayoral/council) `'top down" appointment process. Wide representation from interest groups and geographical areas is desired, as well as some skill sets such as familiarity with city planning, infrastructure, financing and the budget process. To accomplish this goal it is recommended that delegates to the PaAC be nominated from various interests groups, with the addition of several "at large" members who would be self-nominated. The "interest group" delegates could be drawn from such categories as local business, community, educational, professional, and worker organizations to widely reflect the stakeholder interests in the City. A list of "member organizations" would be determined by publicizing the intent to form the Committee and requesting submittal of applications of interest. Upon determination of a balanced list of member organizations, each would then appoint their delegate to become a "member" or "alternate member" to the PAAC. Additionally, one delegate each could be appointed from the following volunteer citizen commissions: GMOC, Planning Commission, and Resource Conservation Commission. Members of these commissions would already have familiarity with the city's planning, budget, and infrastructure needs. Finally, members representing the four major geographical areas of Chula Vista (Northwest, Southwest, Southeast, and Northeast) would be invited to apply. These "at large" applications would be reviewed and applicant interviews conducted in public by the City Council. As with the case of other Chula Vista commissions, all members would be required to be registered voters in Chula Vista. Such matters as terms, meeting venues, and frequency would need to be determined. Thus, the Committee could be formed of: o three members from each broad category of interest groups selected (one delegate per group) ® one delegate appointed by each of the three commissions mentioned above ® four "at large" members from the city's major geographical areas Committee Meetings and Format All meetings would be noticed, held in public, and subject to the Brown Act requirements. Meetings should take place often enough (monthly, quarterly?) in order for the Committee to be able to operate pro-actively and effectively.. The committee would work with the office of the City Manager and the Department of Finance to develop an effective method of monitoring. The developed procedure should allow for pro-active participation by the committee in the allocation of Prop A funds. ~~ r~ '6 ."rourth ?,venue, Chula Vista, CA 91910 ~ w-ww.chulavistaca.gov ~ (619) 6'JI-5044 ~ Pac (619) 6'31-53 r9 D1ZA~'rI' ~-~evn I I ~ City of Chula Vista City Council Community Meeting - Prop A Advisory Committee (PAAC) March 12, ?009 4:00 I'.M. Background of Proposal: CONC1/RN: Members of the commututy want some guarantees of oversight of Prop A monies. When they go to vote, they would like to l.now what the oversight would lool: like. Question: Can the advisory committee go beyond the scope of the intent listed in the ballot measure to include i~frastructttre needs ~ building reserves? (t1-Miesfield) Yes -The language in the ballot measure is loose. The funds will go into the General Fund, not specific areas. The committee is an advisor-=. Therefore there should be no problem with this scope of purpose. Creation of Committee: CONC1r12N: The make-up of corrunittee membership is VERY inportuit, as much as ot: mote than the function of die conunittee. The goal is fora "bottom up" committee representing many categories of interest gt:oups and Chula Vista crtizens. P13 The committee should be large ltke the F3ayfront CAC or the General Plan Update Committee - so there will be many voices heard and not excessive competition for member seats. Question: What would the duration of service be? Terms Ivnits? Reconuncndattons from attendees: 2yr/3vr staggered terms with 2 term service. Question: When would the cotrunittce start? If Prop A passes, the new tam money wouldn't arrive until Nov. In 2010, the city would be only treading water and the funds t:eally wouldn't come full play'until 2011. (Tulloch) The City= \~lanager would consider borrowing against projection and start using die funds imrnedtately, so he recommends that the Oversight Cotnnvttce be in place immediately. Question: The committee will need to oversee the total General Fund budget working with the City Manager and hiiance Oept they would make cotntnent on c~pected standards of ser-~=ice and die Ciry should set an expected standard of service. The PAt\C would be aslung ehe City: Flow arc your dov~g generally? Are important ser-~=ices being cut:? Arc reser-~=es adequate? Staff Answer: Separations of funds (General hand vs Prop t1) would be difficult and the best benchmarks would be whether or not the cirl~ is functioning as citizens want it to function. CONCT'RN: People do not trust the City= if Prop t1 funds just go tnto the General Fund. There is a general lack of confidence in the City. if the PAAC has "teeth", it would build community confidence. PB l lus is the reason for adopting principals now to give the PAAC as many "teeth" as an oversight committee can legally have. February 18, 2009 Energy Subcommittee Meeting (DRAFT) Paqe 2 of 2 CONCERNS: The City doesn't need a Prop A oversight committee -because the funds aren't separated and, but we do need aBudget-General Fund oversight Committee. Reinforced that it would be very difficult to separate the sale's tax monies from the Budget & General ]~ trnd. There is precedent for budget oversight committees in many cities throughout the US Tlus coiruiuttee must have: a. A Broad charge b. Meet "in time" before the budgets are finalized and be part of the budgeting process, in sync with the budgetary development cycles. (proactive not reactive) c. Report to the City ivlanager d. Be able to preview the General Fund e. Be "bottom-up" and appointed by the comrnunit}' £ Meeting should be scheduled around the budget cycle g. There should be a website for community interaction and mformahon h. Re-vote on tax in 5 years CONCE12iN: The PAAC should work with the City Manager and Finance but should report independently to Council. The report to Council would be a Public platform with the Council accountable, which places power ii die hands of the people. Additional Concerns: Recommends that members of the PAAC have a financial background Tt's important that the PAAC have a roll in the budget cycle. Members should be from the business community and should be residents, not just have a busiless or work in CV. It will be important to hear fiom not only the areas of the commumry who will be the "source" of the tax money, but &~om those affected by the Budget ii its entilet3>. Citizens applauded the ilitiative of developing the PAAC )/tll2LY. Comments received by email: Reconnnendation that GMOC be the Oversight Conunittee The organizational members of committee must have been active and in existence for at least 5 years The group must have a mininnun of 300 active, dues paying members The group must have a tax ID number and file retw-ns or present a financial statement The group must publish and/or make available a membership roster The group must have regular meetings that are publicized and open to the general public. The Advisory group should PREVIEW the spending planned for the fiends NOT REVIEW i~ ~~ ~ Committee Makeup/Appointments In order for the PAAC to be t,:uly independent and broaclly represent the interests of the people of Chula Vista, the appointment process should be largely "bottom up" as opposed to the political (mayoral~cow7cil) "top down" appointment process. Wide representation from interest groups and geographical areas is desired, as well as some skill sets such as familiarity with city planning, infrasu:uctute, financing and the budget process. T o accomplish this goal it is recorwnended that delegates to the PAAC be nominated frovl various interests groups, with the addition of several "at large" members who would be self-nominated. The "interest group" delegates could be drawn fiom such categories as local business, community, educational, professional, and worker organizations to widely reflect the stakeholder interests in the City. A list of "member organizations" would be detcrntined by pubhcizusg the intent to form the Comtruttec and requesting submittal of applications of interest. Upon deternunation of a balanced list of member organizations, each would then appoilt then: delegate to become a "member" or "alternate member" to the PAt~C. Additionally, one delegate each could be appoilted fiom the following volunteer citizen covlrnisstons: GMOC, Planning Cotrunission, and Resource Conser-~~ation Conunisston. Members of these conviussions would already have fatniharitp with the cit~%'s planning, budget, and i~frastructucc needs. Filally, members representing the four major geographical areas of Chula Vista (Notth~vest, Southwest, Southeast, and Northeast) would be ilvitcd to apply. "]"hese "at large" applications would be reviewed and applicant iitervie~vs conducted in public by the CitS~ Council. As with the case of other Chula Vista commissions, members would be required to be residents of Chula Vista. Such matters as terms, meeting venues, and frequency would need to be determined. Thus, the Cotnrnittee could be formed of: • tluee members from each broad category of interest groups selected (one delegate per group) • one delegate appointed by each of the three commssions, R.C.C., Plantung and G.t~~.O.C. • four "at large" members from the city's major geographical areas The goal is to assemble a well diverse group, representing broad interests. Committee Mectin~s and Format All meetings would be noticed, held in public, and subject to the Brown Act requirements. Meetings should take place often enough (monthly, quarterly?) in order for the Cotnniittee Co be able to operate pro-actively and effectively. "1'he comnvttee would work with the office of the City Manager and the Deparnncnt of Fiance to develop an effective method of monitorilg (preview and review). 1'he developed procedure shot>Id allow for pt:o- active participation by the comnvttee in the allocation of Prop t~ funds. The cotrunittee would present quarterly annual reports to Council summat:izi~g espendihu:es and whether or not the goals are being met. Five Year Study Five years alto the tax increase period, the commnittee shall deliver a comprehensive report to Council. "1 he specific purpose of this mid-teen report is to examine whether or not the tax increase period should continue, be shortened, be ended or remain wid~out adjustment. 276 .Fourih Avenue, Chula Vista, CA 97.910 ~ www.ch« lavistaca.gov ~ (G19) 6915044 ~ P'a~ (G19)li91-5379 ~E~~ Office of Councihnember Pamela Bensoussan UA"f L: Thursday, March 12, 2009 EVENT: Public Meeting to lliscuss Prop A Oversight LOCATION: City of Chula Vista Council Chambers ~~~// .~~. CITY OF CHULA VISTA SUB.IECT: Proposed Outline for Establishment of an Independent Advisory Board aka: Prop A Advisory Committee or (PAAC) Noze: This [opic »~ill be oi~ the agenda al a Ciiy Cozr~2cil n~eeUrzg on Taresday, 6pna, Alarch 17, ?009 Background After declaring the city in a state of fiscal emergency, Chula Vista's City Council decided to conduct a special mail election on May 5, 2009, for ~*otees to decide ~vhedier to enact a 1% ten-year sales tas increase. A unique aspect of the City Council's ballot measw:e was to install an independent oversight/advisory board to guarantee drat moiues resulting fiom the taY increase would be spent as promised and to issue reports and rcconvnendations to Council. Several years ago, when the City Council approved the Redevelopment Corporation (CVRC), it tools almost a year to decide on the process for establislvng a citizen's review board or "Redevelopment Advisory Covmtittee" (RAC). This proposal addresses the purpose and logistics of setting up an Independent Advisory Board, in order to have a vehicle in place to facilitate and expedite its creation, u1 the event that voters approve the sales tax measure. An open meeting will be hosted by Councilwoman Pamela ]3ensoussan to converse with the public on dais outline and to receive corrunents and suggestions. Pur osc "1 he Prop A Advisory Coirunittee (PAAC) will be tasked with overseeing allocation of funds received fiom the sales taz increase (Prop t\) assuring drat d~ese funds are spent according to the stated intent of the May 5 ballot measure and to make recommendations and regular reports to City Council. Additionally, the Coininittee will report annually on the overall effectiveness of Prop A in addressing the following goals in stages throughout the 10-year period of the assessment: • Maintainilg inportant public ser-~rices that would odlerwise be at risk (such as public safety, libraries, after school programs, park & cecreadon services, etc. as stated in the ballot measure ) • Nleedng iifiastructure maintenance needs ii Western Chula Vista and other areas where deferred maintenance has created serious problems. • Slowly rebuilding the city's budget reserves. Termination of Tax Measure At any time, in the event of sufficient economic recovery, whereby the Conmuttee determines that these Prop A funds are no longer critical to the organization, die Committee will recorrunend to Council that the Proposition A 1% sales tal be teriniiated. When Proposition A is ended the Coirunittee will be dissolved. 2^6 Poureh Avenue, Chula Vrst~, CA 91910 ~ svww.cinilavisiaca.gov (679) 691-SO4~i ~ Fax (619) (i9t-_5379 IMPLEMENT FEE REFORM • Fees Should Be Reduced To Reflect The Fact That Land, Labor And Material Costs Have Fallen By 25% Or More. • Implement A Minimum Three-Year Moratorium On Fee Increases. • Do Not Create Or Adopt New Fee Programs. • Ease Rules Governing Inclusionary Housing Requirements. IMPLEMENT REGULATORY REFORM • Delay Moving Forward With A Mandatory Requirement To Exceed The New Title 24 Code By 15%. • Extend Approved Building Permits For A Minimum Of Two Years. • Automatically Extend Tentative Maps And Land Use Entitlements For A Minimum Of Five Years. • Automatically Toll The Life Of Land Use Entitlements For Projects That Are Subject To Appeals Or Legal Challenges. • Implementation Permit Process Reform Measures That Reduce Permit Approval Times By 30% Or More. • Expedite All Projects In The System (If Typical Approval Time Is 6 Months To A Year, Reduce That By 30% Or More). • Limit Plan Checks To A Maximum Of Three Reviews. IMPLEMENT CEQA REFORM • Create A Master EIR With The General Plan Update That Individual Projects Can Tier Off Of. • Streamline The CEQA Review Process With The Goal Of Reducing Environmental Review And Processing Times By 50% Or More. FACILITATE INFILL AND SMART GROWTH DEVELOPMENT • Implement Parking Standard Of 1.0 Space Per Unit For Areas Planned For Infill And Smart Growth Development And Waive Parking Requirements For Onsite Affordable Housing Units. • Allow By-Right Private Tandem Garage Parking With All New Multi-Family Residential Units And Reduce Guest/Visitor Parking Requirements For Mixed- Use And Transit-Oriented Development Projects. • Pursue Community-Wide Parking Reform Measures In Parking-Impacted Communities Including The Creation Of Parking Districts, Shared Parking And Offsite Public Parking Alternatives. EXPAND AFFORDABLE HOUSING SUBSIDIES AND INCENTIVES • Support The Establishment Of A Permanent Statewide Funding Source For Affordable And Workforce Housing. • Provide City-Owned Land For Affordable Housing Sites. SUPPORT STIMULUS FUNDING FOR THE SAN DIEGO REGION Support Local, State, And Federal Level Initiatives To Assist The Revitalization Of The Housing Industry And The Creation Of Jobs In The San Diego Region. This Must Include The Necessary Efforts To Ensure That Chula Vista Receives Its Fair Share Of Stimulus Funding For Housing And Infrastructure.