HomeMy WebLinkAboutAgenda Packet 1993/07/13
Tuesday, July 13, 1993
6:00 p.m.
"I deClare under penalty of perJury that I am
employed by the C1ty of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
the Public S r 'ces Building and at City Hall on Council Chambers
DATED. 7 . SIGNED C -. 'Public Services Building
lar Meeti ~ncil
Re
CAlL TO ORDER
1.
ROIl. CAlL:
Councilmembers Fox _' Horton _' Moore _, Rindone _' and Mayor
Nader _
2. PLEDGE OF AIJ.EGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MlNUfES:
June 3,1993 (Special Worksession/Meeting of the City Council);
June IS, 1993 (City Council Meeting); June 22,1993 (City Council
Meeting); and June 22, 1993 (Special Joint Meeting of the City
Council/Redevelopment Agency)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Ricardo Jimenez - Human Relations Commission.
b. Proclaiming the month of July as "Parks and Recreation Month" - The proclamation will be
presented by Mayor Nader to Bob Lind, Chair of the Parks and Recreation Commission.
c. Presentation of Certificates of Recognition to students from lrapuato, Mexico - Certificates
will be presented by Mayor Nader to Guadalupe Navarro Miranda, M. Patricia Rodriguez
Tellez-Giron, Elizabeth Velasco Cruz, Vanesa Julietta Merino Reyes, Luz Angelica Gonzalez
Segovia, and Francisco Hernandes Delgado.
d. Acknowledgement of "Best Recycling Partnership Award" - The City received the award from
the County of San Diego in recognition of their leadership in coordinating public, private,
and non-profit partnerships to promote recycling.
CONSENT CALENDAR
(Items 5 through 15)
The staff recommendntions regarding the following items listed under the Consent Calmdm will be enacml by the
Council by one motion wUhout discussion unless a Councilmember, a member of the publU: or CiJy staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please [IiI out a "Request to
Speak Form" available in the lobby and submit it to the CiJy Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendntion; complete the pink form to speak in opposition to the staff
recommendntion.) Items pulled from the Consent Calendnr will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by the publU: will be the first items of business.
5. WRlTfEN COMMUNICATIONS:
a. Letter of resignation from the Resource Conservation Commission - Maureen McNair, 948
Monterey Court, Chula Vista, CA 91911. It is recommended that the resignation be
accepted and the City Clerk be directed to post immediately according to the Maddy Act in
the Clerk's Office and the Public Library.
b. Letter of resignation from the Parks and Recreation Commission - Clifford Roland, HOO
Industrial Blvd., 1-6, Chula Vista, CA 91911. It is recommended that the resignation be
accepted and the City Clerk be directed to post immediately according to the Maddy Act in
the Clerk's Office and the Public Library.
Agenda
-2-
July 13, 1993
c. Letter requesting insurance requirements for cab companies be reduced to the same level
as the Metropolitan Transit Development Board - O.D. Hedrick, President, Red Cab Company
of San Diego, P.O. Box 437240, San Ysidro, CA 92143. It is recommended that this issue
be considered when the report on taxicab operations comes back to Council in August.
d. Letter requesting waiver of assessments and fees - Bill Armstrong, Pastor, EastLake
Community Church, 1519 Via Hacienda, Chula Vista, CA 91913. Due to the significant staff
work and meetings involved in coordinating this request, it is recommended that the letter
be referred to staff.
e. Letter requesting Council defer any action on the Multi-Species ConsetVation Program
(MSCP) Resolution of Intention - James E. Whalen, Chairman, Alliance for Habitat
Conservation, 416 University Avenue, Suite 200, San Diego, CA 92103. Staff concurs with
the Alliance request for a public hearing on this matter and recommends scheduling such
a hearing in the next four to six weeks.
6.
ORDINANCE 2561
REQillRlNG RECOVERY OF CRIMINAL JUSTICE ADMINISTRATION FEES
IMPOSED BY SAN DIEGO COUNTY (first readinR:) - Commencing 7/1192,
under the auspices of a new State law, the County has imposed a booking
fee of $176 per criminal defendant arrested by our police department.
While we are protesting the amount of the fee and the authority to impose
same in pending litigation, adoption of the ordinance would create a
means of collecting it from criminal defendants booked through the system
during the pendency of the litigation if it eventually proves unsuccessful,
and would therefore protect our general fund from a possible large
unaccrued liability. Staff recommends Council place the ordinance on first
reading and approve the resolution. (City Attorney)
RESOLUTION 17167 APPROPRIATING AN ADDmONAL $3,855 FOR TIiE CONTINUATION OF
TIiE BOOKING FEES UTIGATION - 4/5th's vote required.
7. RESOLUTION 17156 APPROVING AN ElITENSION OF TIiE AGREEMENT WITH REMY AND
THOMAS FOR LEGAL CONSULTING SERVICES FOR TIiE OTAY RANCH
PROJECT AND AUTHORIZING TIiE MAYOR TO EXEClITE SAID
AGREEMENT - The agreement extension will provide continuing assistance
in reviewing the Otay Ranch ErR including the CEQA Findings, Statement
of Overriding Consideration, Mitigation Monitoring Program, and the staff
report. Also, will provide continuation of meetings with staff and
coordination with Board of Supervisors/City Council on legal issues. Staff
recommends approval of the resolution. (Deputy City Manager Krempl)
8. RESOLUTION 17157 AUTHORIZING TIiE TEMPORARY USE OF LEGISLATIVE OFFICE FOR
INTERIM CITY ATTORNEY DEPARTMENT USAGE DURING
CONSTRUCTION, AND MAKING AN APPROPRIATION TIiEREFOR -
Pursuant to prior Council authorization, the expansion of the City
Attorney's office construction is about to be let out for public bid. During
the construction period, it will be more safe and conducive to the conduct
of business if the City Attorney's office and staff, or part of them, could
relocate on an interim basis. Staff recommends approval of the resolution.
(City Attorney) 4/5th's vote required.
Agenda
-3-
July 13, 1993
9. RESOLtJI10N 17158 APPROVING TI-IE FIRSfEXfENSION AGREEMENfFOR TI-IE COMMIJNIlY
YOUlH CENTER OPERATING AGREEMENf - On 3/12/92, the City entered
into a joint use agreement with the Sweetwater Union High School District
and the Boys and Girls Club for the operation and maintenance of the
Community Youth Center on "L" Street. A section of the agreement
stipulates that the City will review the operations of the Boys and Girls
Club periodically, and that the City shall extend the term of the agreement
if the Club is providing appropriate services and support during their
operating hours at the Center. Staff recommends approval of the
resolution. (Director of Parks and Recreation)
10. RESOLtJI10N 17159 RESCINDING RESOLtJI10N 15323 AUlHORIZING AN EXCHANGE OF
PROPERlY WITIi RANCHO DEL SUR PARTNERSHIP - On 9/26/89,
Council approved an exchange of open space property with the Rancho del
Sur Partnership to facilitate the development of medical offices on
Telegraph Canyon Road in the Sunbow I development. The Partnership
and a medical doctor are jointly designing a medical center building on a
triangular parcel of property along Telegraph Canyon Road. The property
from the Open Space District is required to meet a condition of parking
from the Planning Department. Staff recommends approval of the
resolution. (Director of Parks and Recreation and Director of Public
Works)
11. RESOLtJI10N 17160 ACCEPTING BIDS AND AWARDING CONTRACT FOR "LIBRARY PARKING
WT OVERLAY" - On 6/9/93, the Director of Public Works received sealed
bids for "Libraty Parking Lot Overlay" (LB-126). The work to be done
consists of providing asphalt concrete material overlaying the existing
parking lot at the Chula Vista Library located at 361 "F" Street. The work
also includes the removal of alligatored pavement areas and replacement
with asphalt concrete, restriping of the parking lot, adjustment of water
meter boxes, and replacement of existing roof drains. The low bidder was
Superior Ready Mix Concrete L.P. in the amount of $32,726. Staff
recommends approval of the resolution. (Director of Public Works)
12. RESOLtJI10N 17161 ACCEPTING BIDS AND AWARDING CONTRACT FOR TI-IE CONSTRUCTION
OF ORANGE AVENUE AND FOURTH AVENUE STREET IMPROVEMENTS
(ST-151) - On 6/23/93, sealed bids were received for the "Orange Avenue
and Fourth Avenue Street Improvements" (ST-ISl). The work to be done
consists of the construction of curb, gutter and sidewalk, pavement
widening, decorated and landscaped medians, and traffic safety
improvements. The low bidder was Granite Construction Company in the
amount of $333,968. Staff recommends approval of the resolution.
(Director of Public Works)
13. RESOLtJI10N 17162 APPROVING AGREEMENT BE1WEEN TI-IE SAN DIEGO TRANSIT
CORPORATION (SDTC) AND TI-IE CIlY FOR UNIFIED TELEPHONE
INFORMATION SYSTEM - On 6/19/80, the South Coast Organization
Operating Transit (SCOOT) entered into an agreement with San Diego
Transit Corporation (SDTC) for regional transit information service. The
service provides Chula Vista Transit (CVT) riders with information on CVT
schedules and routes, and on other fixed route transit systems in San Diego
County including San Diego Transit and the Trolley. Since SCOOT was
dissolved on 711193, the agreement for the service for the current fiscal
year will be between the City and SDTC. The agreement continues CVT
participation in the regional service for Fiscal Year (FY) 1993/94 at a cost
of $22,766, a 7.6% increase over the FY 1992/93 cost of $21,146. Staff
recommends approval of the resolution. (Director of Public Works)
Agenda
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July 13, 1993
14.
REPORT
PROPOSED DEBT SETl1.EMENT BElWEEN OGDEN ENVIRONMENTAL
AND ENERGY SERVICES AND BALDWINVISTAASSOClATES REGARDING
THE OTAY RANCH - Over the past few months, Baldwin has fallen short
in meeting its contractual obligation to Ogden Environmental as to
payments due. Negotiations have been ongoing over the last thirty days
to arrive at an acceptable payment schedule to eliminate the debt. A
tentative agreement has been reached. The purpose bf the report is to
request Council authorization, since the City is a party to the three party
agreement, to have City staff implement the agreement. It is recommended
that Council authorize staff to execute a payment agreement with Baldwin
Vista and Ogden Environmental to address the Otay Ranch debt. (Deputy
City Manager Krempl)
15.
REPORT
UPDATE ON STATUS OF IMPLEMENTATION AND IMPAcrs OF AB 408
CDECRIMINAlJZATION OF PARKING VIOLATIONS) - AB 408 became
effective 7/1/93. The report describes the steps taken to comply with AB
408 provisions and the specific impacts on the City's parking citation
program. ITEM HAS BEEN PULLED AT STAFFS REQUEST AND
SUBMITTED TO COUNCIL AS AN INFORMATION ITEM. (Director of
Finance)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as publii; hearings as required by law. If you wish to speak
to any item, please fiO out the "Request to Speak Form" available in the lobby and submit it to the City C1erlc prior
to the meeting. (Complete the green form to speak in favor of the staff recotnl7ll!lllifJtion; complete the pink form
to speak in opposition to the staff recommendJltion.) Comments are limited to five minutes per individual.
16.
PUBJJC HEARING
AMENDING THE 1993/94 BUDGET TO ACCOUNT FOR REVENUE
REDUCTIONS FROM THE STATE OF CAUFORNIA - On 6/15/93, Council
adopted the 1993/94 operating budget with the understanding that the
budget would be revisited after the State adopted its budget and the
impact of the State revenue cuts on the City were known. Staff
recommends adoption of the revised budget. (Administration)
RESOLUTION 17163 AMENDING THE 1993/94 BUDGET TO ACCOUNT FOR REVENUE
REDUCTIONS FROM THE STATE OF CAUFORNIA
CONSIDERATION OF AN INCREASE IN SEWER SERVICE CHARGES - As
a member of the San Diego Area Wastewater Management District
(SDAWMD), the City is required to participate in its operations,
maintenance, and upgrade program. Due to the increased cost of
upgrading regional wastewater transportation, treatment, and disposal, it
is necessary to raise the sewer service charges for Fiscal Year 1993/94.
Staff recommends approval of the resolution. (Director of Public Works)
4/5th's vote required.
17.
PUBJJC HEARING
RESOLUTION 17164 APPROVING AN AMENDMENT TO THE MASTER FEE SCHEDULE ON
SEWER SERVICE CHARGES AND TRANSFER OF $1,856,000 FROM FUND
222 TO FUND 225
Agenda
18.
PUBUC HEARING
19.
PUBIJC HEARING
20.
PUBIJC HEARING
ORDINANCE 2562
21.
PUBIJC HEARING
-5-
July 13, 1993
O'lY OPEN SPACE MAINTENANCE DISTRICI 10 FOR FISCAL YEAR
1993/94 - Based upon the advice of the City Attorney, the public hearing
for Open Space Maintenance District 10 has been separated due to conflict
of interest. In accordance with the City Municipal Code Section 17.07, the
City Engineer prepared reports on the spread of assessments for the Open
Space Districts. The reports were accepted, and the required public
hearings were set by Council at their meetings of 5/25/93 and 6/1/93.
Staff recommends Council open the public hearing, take testimony, and
continue the pubic hearing to the meeting of 7/20/93. (Director of Public
Works)
CIlY OPEN SPACE MAINTENANCE DISTRICf NUMBERS 1-9, 11, 14, 15,
17, 18, 20, 24, 26, AND BAY BOULEVARD, EASTLAKE AND TOWN
CENTER MAINTENANCE DISTRICIS FOR FISCAL YEAR 1993/94 - Based
upon the advice of the City Attorney, the public hearing for Open Space
Maintenance District 10 has been separated due to conflict of interest. In
accordance with the City Municipal Code Section 17.07, the City Engineer
prepared reports on the spread of assessments for the Open Space Districts.
The reports were accepted, and the required public hearings were set by
Council at their meetings of 5/25/93 and 6/1193. Staff recommends
Council open the public hearing, take testimony, and continue the pubic
hearing to the meeting of 7/20/93. (Director of Public Works)
CONSIDERATION OF GRANTING A FRANCHISE TO LAIDLAW WASTE
SYSTEMS, INC. FORMUL TI-FAMILYRECYCUNG COllECTION SERVICES-
On 6/22/93, Council approved a resolution giving notice of intent to grant
a franchise for the multi-family recycling program collection services to be
provided by Laidlaw Waste Systems and setting 7/13/93 as the date for the
public hearing. As directed, staff has noticed the public hearing in
conformance with the Charter required process for granting a franchise.
Staff recommends Council place the ordinance on first reading.
(Administration)
GRANTING A FRANCHISE TO LAIDLAW WASTE SYSTEMS, INC. FOR
MULTI-FAMILY RECYCUNG COllECTION SERVICES (first readinl!:)
CONDmONAL USE PERMIT PCC-93-39; REQUEST TO ESTABIJSHSHORT-
TERM TRANSmONAL HOUSING FOR HOMELESS FAMIIJES UP TO
FOR'lY-FOUR PEOPLE AT 31 FOURTH AVENUE - SOUTH BAY
COMMUNl'lY SERVICES - South Bay Community Services is proposing to
establish a short-term transitional housing project for homeless families for
a maximum of forty-four tenants in family groups and one resident
manager at an existing apartment complex located at 31 Fourth Avenue.
The complex consists of twelve one-bedroom units and two two-bedroom
units. Staff recommends approval of the resolution. (Director of Planning)
RESOLUTION 17165 APPROVING CONDITIONAL USE PERMIT PCC-93-39, A REQUEST TO
ESTABUSH A SHORT-TERM, TRANSITIONAL HOUSING PROJECI AT 31
FOURTH AVENUE IN THE R-3 ZONING DISTRICI
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject moJtU within the Council's
jurisdiction that is not an ikm on this agenda. (State law, however, generally prohibits the City Couru;i/ from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subjec~ please compleu the yeUow "Request to Speak Under Oral Comnwnk:ations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and foUow up action. Your time is limited to three minutu per speaker.
Agenda
-6-
July 13, 1993
BOARD AND COMMISSION RECOMMENDATIONS
This is the tinII! the CiJy Council will consider items which IuJve been forwarrWl to them for consideraJion by one
of the ciIy's Boards, Commissions and/or Committees.
22. Request by the Housing Advisory Committee that Council negotiate for at least 200 existing rental
assistance certificates being administered by the San Diego County Housing Authority - Joe Casillas,
Chairman, Housing Advisory Committee.
ACTION ITEMS
The items 1isted in this section of the agenda are expected to etiJ;a substantial discussions and deliberations by the
Council, staff, or members of the general publU:. The items will be considered individually by the Council and staff
recomnJJ!1lJiation may in certain cases be presented in the akemative. Those who wish to speok, please fill out
a "Request to Speak" form available in the lobby and submit a to the CiIy Clerk prior to the meeting. PubtiJ;
comments are limited to five minutes.
23.A. REPORT UPDATE ON SOUD WASTE PARTICIPATION AGREEMENT AND
ALTERNATIVE DISPOSAL OPTIONS - At the first meeting of the newly
formed Solid Waste Interim Commission, the Commission voted
unanimously to recommend to their respective Councils and the Board of
Supervisors that the deadline for approving the Solid Waste Participation
Agreement be extended (by amendment) to 7/23/93. The report provides
updated information regarding regional solid waste activities and
alternative disposal options, and presents the Interim Agreement and the
amendment for Council's reconsideration. Staff recommends Council
accept the report and approve the resolution. (City Manager)
B. RESOLUTION 17166 APPROVING AGREEMENT (AS AMENDED) BY, BETWEEN AND AMONG
THE COUNTY OF SAN DIEGO AND THE CITIES OF THE COUNTY
ESTABUSHING AN INTERIM SOUD WASTE COMMISSION AND
PROVIDING FOR THE DISPOSAL OF SOUD WASTE, AND COMMITTING
FIFTY PERCENT OF THE CITY'S WASTESTREAM TO THE COUNTY
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the tinII! the CiIy Council will discuss items whU:h IuJve been removed from the Consent Calendar. Agenda
items pulled at the request of the pubtiJ; will be considered prior to those pulled by Councilmembers. PubtiJ;
comments are limited to five minutes per individual
OTHER BUSINESS
24. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
Agenda
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July 13, 1993
25. MAYOR'S REPORTfS)
a. Ratification of appointments: Louis Alvarez - International Friendship Commission; and
Sheila Washington - Economic Development Commission Ex-Officio.
b. Reconsideration of 1993/94 budget.
c. Cox Cable adult channel.
26. COUNCIL COMMENTS
Councilman Fox
a. Review of Police Department policy regarding minor narcotic law violations on school
campuses. Continued from the meeting of 61'l:2/93.
Councilman Moore
b. Reconsideration of Solid Waste Management Agreement and eligibility to serve on Interim
Commission by listing areas of concern as understandings versus conditions and that the
various City's items of understanding to be among the first order of business of the
Commission.
c. Letters to Mayors of Imperial Beach, National City, and City of San Diego regarding Eighth
Disttict area and County Board of Supervisors regarding First District south of SR-54 urging
them to join Chula Vista in a unified effort regarding a basic divergence program and a
follow-up meeting with Presiding Juvenile Judge Pate, Probation Department, and District
Attorney's Office. Goal is to agree upon a minimum offerl court fine of thirty days of
community service with parent presence for fifty per cent of the service when youths are
apprehended in acts of graffiti application.
Councilman Rindone
d. Evaluation criteria for City Manager and format.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - ChuIa Vista Employees
Association (CVEA) , Western Council of Engineers (WCE) , Police Officers Association (POA) ,
International Association of Fire Fighters (IAFF) , Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 61'l:2/93.
Pending litigation pursuant to Government Code Section 54956.9 - EPA vs. the City of San Diego,
Chula Vista amicus party discussion, instructions to attorneys. Continued from the meeting of
61'l:2/93.
Pending litigation pursuant to Government Code Section 54956.9 - [gou vs. the City of Chula Vista.
(For update report, if any.) Continued from the meeting of 61'l:2/93.
Agenda
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July 13, 1993
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Aptec No.
2.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding tipping fee surcharge.
Pending litigation pursuant to Government Code Section 54956.9 - Institution of litigation against
County of San Diego regarding Daley Rock Quarry CUP.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding booking fees.
Pending litigation pursuant to Government Code Section 54956.9 - Jones Intercable.
Appointment of Department Head pursuant to Government Code Section 54957.
Evaluation of City Manager pursuant to Government Code Section 54957.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on July 20,
1993 at 6:00 p.m. in the City Council Chambers.
A Special Meeting of the Redevelopment Agency will be held immediately following the City Council
meeting.
COUNCIL AGENDA STATEMENT
ltem~
Meeting Date 7/13/93
ITEM TITLE:
Proclamation: Proclaiming the month of July as, "Parks and
Recreation Month"
Director of Parks and Recreatioa<-
SUBMITTED BY:
Many local agencies throughout California historically proclaim July as Parks and Recreation
Month, to bring awareness of the value our parks and recreational opportunities give to all
residents of the community.
The Chula Vista Parks and Recreation Department is offering a wide variety of programs for all
ages. Community Day Camp with a different "Theme" each session, as well as specialty camps
such as various sports camps and theater camps, will run throughout the summer. In addition,
classes and recreational programming at Centers, playgrounds and pools will be offered
throughout the Summer, as well as Senior programming and sports leagues.
The Music in the Park Concert Series, held in Memorial Bowl will feature a different type of music
each Sunday in July, and the Annual Fourth of July Fireworks Extravaganza will be staged at the
Chula Vista Bayfront.
The proclamation declaring the month of July 1993 as "PARKS AND RECREATION MONTH" will
be presented by Mayor Tim Nader to Bob Lind, Chair of the Chula Vista Parks & Recreation
Commission.
'Ib -- /
COUNCIL AGENDA STATEMENT
Item
-Yc
Meeting Date 07/13/93
ITEM TITLE
Student Recognition
SUBMITTED BY
International Friendship Commission
(4/5ths Vote: Yes
No~)
Mayor Nader to present each of the following students from
Irapuato, Mexico with certificates of recognition. The students
are part of the Sister Cities International U. S. /Mexico Kellogg
Youth Exchange Program.
Guadalupe Navarro Miranda
M. Patricia Rodriguez Telllez-Giron
Elizabeth Velasco Cruz
Vanesa Julietta Merino Reyes
Luz Angelica Gonzalez Segovia
Francisco Hernandes Delgado
'1c-J
COUNCIL AGENDA STATEMENT
Item
Meeting Date
ITEM TITLE:
Presentation of the Best Recycling Partnership Award
SUBMITTED BY:
Conservation Coordinator
.~
City Manager & 1~
yJ
A~
REVIEWED BY:
In recognition of the City of Chula Vista's leadership in coordinating public,
private and nonprofit partnerships to promote recycling, the County of San Diego
has presented Chula Vista with the "Best Recycling Partnership" award.
Attachment A is the award description.
City staff would like to present the award to City Council and offer
congratulations to City employees for their recycling efforts which have kept
over 90 tons of recyclables from the landfill, as well as to the many businesses
that are working to better our environment and community through recycling.
~~J
City of Chula Vista
Best Recycling Partnership
We recycle with a lot of help from our friends!
The City of Chula Vista has been a leader in coordinating public,
private and non-profit partnerships to promote recycling. Their
"Recycling at Work" program is a good example. First, in 1991, the
City's own trash cans were put on a diet to model good office
recycling practices. To help create jobs for urban youth, City
buildings were serviced by the Urban Corps under a $15,000 County
TAP grant. Collections to date total 75 tons of recyclables.
Using that experience, the City staff took recycling to Chula
Vista's businesses with their Outreach proj ect, which provides
recycling consulting service to businesses setting up their own
programs. Using a survey of businesses, attractive literature,
workshops, and many individual visits, City staff has trained
employees in more than 80 buildings to recycle.
A workshop for the hospitality industry brought in over 50 Chula
Vista restaurant and hotel managers to discuss their special
recycling needs, procurement of recycled content products and
hazardous waste disposal. With a $50,000 County TAP grant, Laidlaw
Waste Systems will assist Chula Vista to continue its commercial
education program.
Chula Vista is developing a computerized regional waste exchange
database, to be linked to the State's CALMAX waste exchange
program. And, since businesses come and go, the commercial program
data base is linked with the City's business license permit
database to track participation.
The City also hosted a construction and demolition "roundtable" for
City and County businesses preparing to meet the requirements of
the County's mandates for those waste materials.
Already honored by the State Department of Conservation, Chula
Vista's "Recycling At Work Outreach Project" is now proudly
recognized here at home by San Diego County as a model of
partnership planning for recycling program implementation. ..
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CITY OF CHUL A VIS 1 A
CITY CLERK'S OFFICE
June 11, 1993
The Honorable Tim Nader
Mayor of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader,
Thank-you for the opportunity to serve as a member of the City Resource Conservation
Commission. Unfortunately, 1 must tender my resignation at this time. As you may recall, 1 am
completing a master's degree program. 1 have a required class which conflicts with the RCC
meetings. 1 thought it would be best if 1 resigned and freed a seat for another community member
who would be able to attend regularly.
Sincerely,
1~~G'/11~~
Maureen McNair
cc: Resource Conservation Commission
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CommunitY Church
RECEIVED
'93 .u 23 P4 :22
1519 Vi,l Hacienda,
Chula Vista, CA 91913
June 23, 1993
CITY OF CHULA VISl A
CITY CLERK'S OFFICE
6194826772
The Honorable
Mayor Tim Nader
City Hall
276 Fourth A venue
Chula Vista, CA 91910
6194828472
Dear Mayor Tim Nader:
It's a pleasure to write you with greetings from the EastLake Community Church.
We are happy to inform you of the progressive growth of our new congregation
and once again thank you for personally helping to launch our public ministry
January 24.
Recently we were able to close escrow on our three-acre land site in EastLake
(APN 595-232-12 and 13), and we are very excited about being able to someday
construct our multi-purpose facility on that site. We are discovering that many
doors of opportunity for ministry and service to our community are being opened
for us, especially with the youth. This will be enhanced greatly when our facility
is complete and we are able to be readily available seven days a week.
One of our obvious concerns is the financial burden of constituting and
maintaining such a facility along with the many assessment and permit fees that
are required. For this reason we would like to request the City Council consider
waiving the Public Improvement Bonds Fund Assessment (85-2) as well as the
Assessment (88-1) Fund. In addition to the assessments, we have been told that
we should anticipate a Building Permit Fee of around $125,000. As you can see,
there are very costly expenses that are impeding our ability to go ahead with
construction.
"Living From
The Inside Out"
We do feel our request is valid, especially because of verbal commitments made
to us by the city at the time of purchase of our old Chula Vista Missionary Church
property on Orange Avenue. We were assured that the city would not only assist
us in finding new land to purchase, but also in the waiving of assessments and
fees to enable us to reconstruct our church facility.
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buttheLord . ~ ?!
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We would ask that our request be placed on the council agenda in the near future.
We feel we have a unique opportunity to provide valuable service to the youth
and families in our community. We have established an excellent relationship
with the EastLake High School and feel our permanent facility will serve as a
youth center, especially for the many "latch-key" students who have no place to
go after school. We are also looking forward to a weekly program being
established for the many "senior adults" of our neighborhoods. Our facility will
also serve as a center for such a program.
There are just a few reasons why we are eager to begin construction but find it
necessary to ask for waiver of some of the fees.
Again, if I could meet with you personally to further explain our request, I would
appreciate the opportunity.
Thank you so much for your continued support of our new church. I will await
your response.
Gratefully,
(jJJj~
Bill Armstrong
Pastor
WFA/lm
5c1"'~
ALLIANCE FOR HABITAT CONSERVATION
41 6 University Avenue, Suite 200
San Diego, CA 92103
[619) 296-4394
^~-,~....~
June 28, 1993
The Honorable Tim Nader
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Clean Water Program Resolution of Intention (ROI)
Dear Mayor Nader:
When Secretary of the Interior Bruce Babbitt announced listing the
California gnatcatcher as a threatened species, he counseled against
what he termed the "train wreck" that the spotted owl had brought
to the Pacific Northwest.
Unfortunately, the San Diego region is in danger of a "wreck" of
potentially far greater magnitude because of the unbalanced
Multi-Species Conservation Program (MSCP), a significant aspect of
which wlll be coming before your City Council in the near future.
The purpose of this letter is to request that your City Council
defer any action on the MSCP Resolution of Intention (ROI). The
Alllance recommends that all member Jurisdictions in the Clean Water
Program hold a full public workshop to hear the broad implications
of this program.
This is needed so that the significant implications of the ROI can
be exposed to an extensive public hearing process as soon as
possible. It is imperative that the general public -- those
thousands of property owners whose land wlll be targeted for
preservation, with no future development options, and those
hundreds of thousands who will have to pay a significant share of
the costs of it -- be exposed to it now, and that the Council better
understand the full implications of this highly complex program.
To date, the Clean Water Program staff from the City of San Diego
have presented an amazingly positive and simplistic overview of the
MSCP Program, but they have failed to alert you to the program's
more serious Implications:
.
Potentially convulsive changes to your City's entire
Community and Specific Plan framework.
~'C.'
WRItTEN COMMUNICATIONS
SerJ frz- ?O,yV
June 28, 1993
Page 2
. A potential acquisition cost of mllllons for each member
jurisdiction.
. The threat of a tidal wave of "taking" lawsuits, should land
owners not be adequately compensated if their land is
needed for the preserve system.
. Forcing a significant amount of future growth into existing
neighborhoods, with foreseeable community furor.
. . Forcing additiona~ growth into existing prime agriculture
areas, causing leapfrog development.
As presently devised, the MSCP is an extraordinarily complex
scheme, so far based entirely on narrowly focused biologic
considerations. The MSCP has considered economic and land use
implications only in terms of proposing to acquire most of the
needed land through exactions, and even now threatens to ignore
economic reality as it rolls toward completion.
Before action is taken on the ROI, the following impacts should be
considered. These only begin to reveal the compiexity of this Issue.
1. Narrow Biolollic Focus. The Multi-Species Conservation
Program is driven solely by biologic considerations. No one
argues that a sound biological basis is necessary or Federal
permits will not be Issued. The problem Is that all other
elements, including economic, land use and social factors are
either Ignored or minimized.
The MSCP has produced onerous maps and "Standards and
Guidelines" that Imply enormous changes In land use policy
without benefit of any public or Council review. As a
consequence, your Council will be forced to give priority to
the Clean Water Program over all other criteria when making
land use decisions. This is a priority with which you should
be comfortable.
2. Maps. The MSCP Habitat Evaluation Maps classify
approximately 125,000 acres as Very High Quality habitat.
Clean Water Program consultants have recommended that all
125,000 acres be permanently preserved.
3. Land Use. Implementation of the MSCP will require major
changes to the City's existing General, Community and Specific
Plan programs at a probable cost of many millions of dollars
over a decade or more. How will land use decisions be carried
out in the meantime?
."..
S e-;;...
June 28, 1993
Page 3
4. Economic Disruption. Despite assurances to the contrary,
both San Diego City and County staff have used draft
(unrevlewed and unadapted) MSCP dacumerits for cammentlng on
current projects. The uncertainty that this has caused, as well
as delay during a time of deep recession, already has had
significant negative econamic impacts.
5. Impact on City Budllet. Adaptlon .of the ROI and
Implementatian .of the MSCP will commit member Jurisdictions to
a significant on-going annual expense to manage the program.
Prior to any action on the ROI, we believe that all
jurisdictions should knaw the fiscal budget impacts .of the
MSCP pragram.
There has been recent mavement an the part .of MSCP staff to
determine haw much .of preserve system the regian can afford. We
applaud these efforts, albeit late in the process. However, staff
needs to hear your opinians.
Despite these serious Issues, I must assure yau that the Alliance
supports withaut equivacatian the establishment .of an ecasystem- based
wildlife preserve system, encampassing coastal sage scrub, wetlands,
riparian, and with adequate funding, ather mare abundant habitats
characteristic .of San Dlega Caunty's unique biadiverslty. We cannat
let this pragram fail despite the gravity .of the program impacts
listed abave because our members' development activities are in
moratarlum until the preserve system .or an equivalent is appraved
by the U. S. Fish and Wildlife Service.
In summary, I urge yau to avoid the potential "train wreck" that
actian an the ROI wauld bring at this time. Please hald full
noticed public hearings an the propased Resalutian .of Intention
befare any final action is taken ta commit your City's taxpayers
to this potentially disastrous pragram.
cc: Karen Scarborough
Susan Hamilton
-
..!?e,3
COUNCIL AGENDA STATEMENT
Item
(p
Meeting Date
7/13/93
ITEM TITLE:
d . .;J..b~ I .. f ..
Or 1nance Requ1r1ng Recovery 0 Cr1m1nal
Justice Administration Fees Imposed by San Diego
County
SUBMITTED BY:
Resolution
$3,855 for
Litigation
city Attorne~Q,
1'11/,7 Appropriating an Additional
the continuation of the Booking Fees
4j5ths Vote: Yes X No
Commencing July 1, 1992, under the auspices of a new state law, the
County imposed a booking feell of $176 per criminal defendant
arrested by our police department. While we are protesting the
amount of the fee and the authority to impose same in pending
litigation, and reserve from general fund resources in the event of
an adverse decision, the adoption of the attached ordinance would
create a means, in the interim, of collecting it from criminal
defendants booked through the system during the pendency of the
litigation if it eventually proves unsuccessful. Therefore, this
is a measure that will protect our general fund from a possibly
significant drain on resources, and will cause it to be paid by
those criminal defendants causing us to incur the possible
liabil i ty .
RECOMMENDATION:
Place the attached ordinance on first reading and adopt it on
second reading at the next permissible meeting.
Adopt a resolution appropriating an additional $3,855 for the
continuation of the pending litigation.
Discussion:
Reason for Proposinq the Attached Ordinance
Pursuant to prior Council authorization, the City of Chula
vista (as well as most other cities in the County) is currently
suing the County over the implementation of booking fees.
1. More technically
administration fees.
referred
to
as
criminal
justice
t.-j
Under the state legislation,Y the County assumes authority to
impose booking fees on cities for the booking and other processing
of prisoners when they are turned over to the County by our
arresting officers.
In the litigation, the City is disputing the authority of the
legislation permitting the County to impose booking fees and is
furthermore disputing the manner in which the proposed booking fees
have been calculated.
The litigation, however, looks like it is going to be long and
involved and if the City were to be unsuccessful, the city could
have a large unfunded liability for the past booking fees that are
now not being paid over to the County.~
To mitigate the risk of this liability, the City has set
aside, since April I, 1991, $404,707.00 into a special fund from
our general fund. While this procedure protects against a sudden,
large liability in the advent of an adverse ruling, it still
constitutes a gradual drain on general fund resources.
The attached ordinance mitigates even further the adverse risk
of loss in the litigation by requesting that the courts require a
person who is convicted as a result of the arrest or put on
probation in lieu of conviction to pay, as a condition of their
probation or fine, the booking fee that San Diego County is
alleging is due them from the City.
The money will be placed into a trust account managed by the
Court, but we will get the credit for same as we authorize its
payment to the County when the litigation is resolv€d.
This is obviously an additional advantage to the City above
and beyond the general fund set aside procedure we are currently
implementing because we would be collecting it from the criminal
defendant that is causing the fee to be incurred in the first
place.
Our general fund would be relieved of the burden to the extent
we may be successful in collecting it from such criminal
defendants.
Appropriation for Pendinq Litiqation
As you may recall, the Council has authorized the City's
participation in a small "joint exercise of powers" committee
2. Government Code S29550 et seq.
3. Due to the adoption of the protest procedure, the city of Chula
vista has been withholding payment pending the outcome of the
litigation. This is a procedure sanctioned by the provisions of
the Government Code S907.
t,-,;.
("JEPC") to conduct and manage this particular litigation against
the County. The committee is composed of four city attorneys
(including the Chula vista city Attorney) and two city managers
(including the Chula Vista City Manager) and reports to the city
Attorneys Association.
Many cities allover the state sued their respective counties,
and all of the litigation was consolidated in a Sacramento Court.
In our particular litigation, the JEPC retained the services
of Libby Silver, Esq. of Meyers, Nave, Riback and Silver, to
represent the various participating cities, and the costs are being
shared in proportion to the number of bookings each has had. The
JEPC originally appropriated $50,000 for the litigation, and our
respective share was $3,855, the same as now. The JEPC has now
spent almost all of the original appropriation, and it is the
recommendation of the Executive Committee and of this author that
the JEPC appropriate an additional $50,000, our contributive share
of which would be $3,500 additional.
This is very cost effective litigation.
In addition, the City Attorney desires to take the Council
into closed session to advise them regarding the progress of the
litigation and request authorization to commence negotiations for
a settlement.
Fiscal Impact:
The general fund will be relieved of having to pay the booking
fees to the extent the Courts may agree to, and be successful in,
collecting same from the criminal defendant which required the
booking in the first instance.
The success rate is unknown, but assuming it may be 60%
successful, in an average year, and an average years bookings costs
us about $300,000, the general fund would be relieved of a $180,000
expenditure to the County.
F:\home\attomey\BookI
t,-J /6 -'1
ORDINANCE NO.
025~/
AN ORDINANCE OF THE
REQUIRING RECOVERY
ADMINISTRATION FEES
COUNTY
CITY OF CHULA VISTA
OF CRIMINAL JUSTICE
IMPOSED BY SAN DIEGO
The city Council of the City of Chula vista does ordain
as follows:
SECTION I: Government Code 529550.1 authorizes a city to
recover any criminal justice administration fees imposed by a
county on the city pursuant to Government Code !;29550; and the
county of San Diego has enacted an ordinance imposing criminal
justice administration fees on the City of Chula vista in the
amount of $154.00 pursuant to the authority of Government Code
!;29550.
SECTION II: The City of Chula vista disputes the amount
of the criminal justice administration fee imposed pursuant to said
ordinance, and has refused to pay said fee, pursuant to the
authority of Government Code !;907.
SECTION III: Pursuant to the authority of Government
Code 529550, the city Manager is authorized and directed to recover
all criminal justice administration fees imposed on the City of
Chula vista by the County of San Diego.
SECTION IV: At such time as the dispute between the City
of Chula vista and the County of San Diego as to the amount of the
criminal justice administration fee is resolved, the City Manager
or his designee shall seek recovery of all criminal justice
administration fees as authorized by Government Code !;29550.1 from
any person arrested by officers of the City of Chula vista and
convicted of any criminal offense related to the arrest.
SECTION V: The courts of San Diego County are hereby
requested to order payment in the amount of $154.00 for the
criminal justice administration fees, as authorized by Government
Code !;29550.1, by convicted persons at the time of entering
judgment of conviction of any person arrested by officers of the
City of Chula vista. Execution of the order for payment shall be
made in the same manner as a judgment in a civil action.
SECTION VI: The courts of San Diego County are hereby
requested to imposed as a condition of probation in order that the
convicted person reimburse the City of Chula vista for criminal
justice administration fees imposed on the city of Chula vista by
San Diego County in the amount of $154.00 as a result of the
1
~ ..s-
arrest, booking and process of the convicted person.
SECTION VII: Until such time as the dispute between the
City of Chula vista and the county of San Diego as to the amount of
the criminal justice administration fee is resolved, the courts of
San Diego County are hereby requested to have all criminal justice
administrative fees paid by convicted persons in a trust account
administered by the County, the Court Administrator, or the County
Auditor, to be held for the benefit of those cities required to pay
such fees to the County. At such time as the aforementioned
dispute is resolved, said cities may recover the amount of criminal
justice administration fees previously paid into said trust fund,
together with all interest accruing on such fees and thereafter,
all of such fees are to be collected by the cities as prescribed in
Government Code 1.
SECTION VIII: This ordinance shall be published once in
the Chula vista Star News, a newspaper of general circulation,
printed and published in San Diego County and circulated in the
City of Chula Vista, within fifteen (15) days from and after its
adoption and shall ake effect and be enforced thirty (30) days
after its adoption.
nd nc
ttorney
Bruce M. Boogaard,
F: \home\anorney\bookJees .ord
2
~-~
RESOLUTION NO.
1?lt 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING AN ADDITIONAL $3,855
FOR THE CONTINUATION OF THE BOOKING FEES
LITIGATION
WHEREAS, the Council has previously authorized the City's
participation in a small "joint exercise of powers" committee
("JEPC") to conduct and manage the litigation against the County
regarding booking fees; and
WHEREAS, the JPEC retained the services of an attorney to
represent the various participating cities, and the costs are being
shared in proportion to the number of bookings each city has had;
and
WHEREAS, the JEPC originally appropriated $50,000 for the
litigation, which money has now been spent and it is the City
Attorney's recommendation to appropriate an additional $50,000, of
which Chula vista's contributive share would be $3,855 additional.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby appropriate an additional
$3,855 from the unappropriated balance of the General Fund to
Account 100-0150-5202 for the continuation of the booking fees
li tigation.
Presented and Approved as to form by
Bruce~o~~a~ttorneY
~-7
COUNCIL AGENDASTATEMENT
Item Number 7
Meeting Date 07/13/93
ITEM TITLE:
Resolution J 7/S" Approving an Extension of the Agreement
Between the City of Chula Vista and Remy & Thomas and
Authorizing the Mayor to Execute Said Agreement
SUBMITTED BY:
Deputy City Manager Krempl4(c (4j5ths Vote:Yes_NolU
REVIEWED BY: City Manager?,
The City of Chula Vista is the agency designated to approve consulting contracts for the
Otay Ranch. The work being requested of Remy & Thomas is to continue environmental
legal review of the Otay Ranch Environmental Impact Report (EIR) and supporting
documents. Remy & Thomas has, since November 19, 1991, provided legal assistance to the
City of Chula Vista and the County of San Diego in this area. The Agreement has been
reviewed by all parties and is acceptable to Remy & Thomas, the Baldwin Company and
the City. The County is supportive of the scope of services to be undertaken. This is the
third extension (and it is anticipated that this is the final extension) of that original contract
executed in 1991.
RECOMMENDATION: Adopt the resolution approving the Agreement with Remy &
Thomas to review and provide legal input on the Otay Ranch EIR and supporting
documents and authorizing the Mayor to sign the attached Agreement.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: Remy & Thomas has provided legal support on this project since November
1991. They have been instrumental in assisting and will continue to assist in: the content and
focus of the EIR, and they are now providing assistance in review of the EIR including the
CEQA Findings, Statement of Overriding Considerations, Mitigation Monitoring Program
and the Staff Report. It will also be necessary from time to time to have Remy & Thomas
meet with staff and coordinate on Board of Supervisors and City Council referrals dealing
with legal issues on the EIR. Remy & Thomas is involved since they can focus staff on this
project in a timely manner. Because of the size of the project and the amount of time
involved, Remy & Thomas can provide initial legal expertise to both the City and County.
Because of this unique project, an objective third party legal counsel has been invaluable
in this process. Further, we would note that they offer special CEQA expertise which is not
available in-house.
This request is being made to keep the same legal team together through the hearing
process. This is especially important relative to the EIR since revised findings will be
?-J
Page 2, Item No.
Meeting Date 07/13/93
7
necessary and Remy & Thomas has prepared previous versions of those findings in the past.
Remy & Thomas has also provided advise about the structure of the EIR and would be best
able to respond to Board or Council questions during the hearings.
The City Attorney's office is also being utilized to ensure that the legal requirements of the
City are being observed on this project. Since this is a joint City jCounty review process,
Remy & Thomas has and will continue to be utilized to provide third party input and
specialized CEQA expertise. Also, Remy & Thomas has been able to focus their attention
on this project in a timely manner on fairly complex issues. This has permitted staff to
respond to the Planning Commissions and the public in a timely manner.
In November of 1991, the Otay Ranch General Manager and Baldwin requested that legal
counsel be retained to assist on the project to provide timely review and guidance on the
EIR and to serve as an initial third party reviewer of all of the environmental documents.
Remy & Thomas (Tina Thomas) was recommended by the City Attorney based on past City
experience. That recommendation was approved by the County of San Diego and the
Baldwin Company.
During 1990, Remy & Thomas invoiced the City of Chula Vista $7,380.85. During 1991, that
amount was $39,462.17. During 1992, that figure was $42,146.34. In 1993 (through May) that
figure was $13,944.33. This request is for an additional $30,000.00 in services.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista because the
Baldwin Company will be funding this scope-of-work ($30,000.00).
Attachment
memos#5:\R&TA113b.aji
?...~
RESOLUTION NO.
I 715(,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXTENSION OF THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
REMY & THOMAS FOR LEGAL CONSULTING SERVICES
FOR THE OTAY RANCH PROJECT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The city Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, the city of Chula vista is the agency designated
to approve consulting contracts for the Otay Ranch; and
WHEREAS, Remy & Thomas is requested to continue to
perform consulting services regarding environmental legal review of
the Otay Ranch Environmental Impact Report and supporting
documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an extension of the
agreement between the City of Chula vista and Remy & Thomas for
legal consulting services for the Otay Ranch Project, a copy of
which is on file in the office of the City Clerk.
Presented by
"1
the City of
ecute said
a
BE IT FURTHER RESOLVED that the Mayor of
Chula vista is hereby authorized and directed to
agreement for and on behalf of the City of Chula vi
George Krempl, Deputy City
Manager
Bruce M.
Attorney
C:\RS\Remy&Thomas
7~317-tf
Renewal of Agreement with
Remy and Thomas
for Legal Consulting Services
This Agreement is made .this q1}l day of :rl.)~ , 1993, for the purposes of reference
only, and effective as of the date last executed between the parties, between the City of Chula
Vista (" City ") herein, a municipal corporation of the State of California, and Remy and Thomas,
a professional law firm ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City and County of San Diego desire to employ a law firm with expertise
and experience in reviewing environmental documents for compliance with the guidelines and
procedures of the California Environmental Quality Act (CEQA) in reference to the Otay Ranch
Project; and
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
Agency within the time frames herein provided all in accordance with the terms and conditions
of this Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
a. General Duties
I. Consultant shall review environmental documents prepared by the City or
their consultants consisting of a Program Environmental Impact Report for
compliance with CEQA and advise City/Otay Ranch Project Team staff
as to necessary and relevant changes that may be required; and
ii. Consultant shall provide guidance to City staff as to processing of all
supporting environmental documents to assure compliance with CEQA
requirements such as the Findings, Statement of Overriding Considerations
and Mitigation Monitoring Program; and
Ill. Consultant shall provide legal advice to City staff to defend litigation
predicated upon alleged deficiencies in environmental documents or
improper processing of said documents.
1
7-5'
(the duties of the Consultant as herein in this section contained may hereinafter be
referred to as "General Duties"); and
b. Scope of Work and Schedule
Work assignments under this Agreement will be issued on an as needed basis.
The schedule will be agreed upon at the time that the tasks are assigned.
c. Standard of Care
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar locations.
d. Insurance
Consultant represents that it and its agents, staff and consultants employed by it
are protected by worker's compensation insurance and the Consultant has the
coverage under public liability, property damages and errors and omissions
insurance policies which this Agreement requires to be demonstrated in the form
of a certificate of insurance.
Consultant will provide, prior to the commencement of services required under
this Agreement, the following certificates of insurance to the Agency:
Statutory Worker's Compensation coverage plus $1,000,000.00 Employers
liability coverage.
General and Automobile Liability coverage to $1,000,000.00 combined single
limit, and which is primary to any policy which the Agency may otherwise carry
("primary coverage"), and which treats the employees of the Agency in the same
manner as members of the general public ("cross liability coverage").
All policies shall be issued by a carrier that has a Best's Rating of "A, Class V",
or better, or shall meet with the approval of the Agency's Risk Manager.
All policies shall provide that same may not be canceled without at least thirty
(30) days written notice to the Agency.
2
7-t,
2. Duties of the City:
a. Consultation and Cooperation
City agrees to provide information, data, items, and materials as may be required
by Consultant in order to carry out Consultant's duties under this Agreement.
b. Compensation
i. The City hereby agrees to pay an hourly fee of $195.00 to attorneys
Michael H. Remy, Tina A. Thomas, 1. William Yeates and James G.
Moose and an hourly fee of $150.00 to attorneys Whitman F. Manley,
Matthew R. Campbell and John H. Mattox. Services of Land Use
Analyst, Georganna Foondos, will be billed at the hourly rate of $75.00.
Time for research done by a law clerk or paralegal will be billed at an
hourly rate of $50.00. Attorney time for travel shall not be billed to City
unless same is also actively spent in the rendition of legal services.
ii. In addition to the above attorney fees, City hereby agrees to pay to the
attorney all applicable costs, such as: filing fees, copying costs at $0.25
(25 cents) per copy, mileage costs at $0.35 (35 cents) per mile; printing
costs by a professional printer, as charged, long distance phone charges,
as charged; postage charges, as charged; reimbursement for lodging and
meal expenses in instances requiring out of county travel including but not
limited to any costs involving common carriers (e.g., airplane), and all
other agreed upon costs or expenses related to this matter.
Ill. Consultant shall not incur costs or billings which, in total, exceed Thirty
Thousand Dollars ($30,000.00) without further written approval of the
City.
IV. It is understood that the City has established the Otay Ranch Trust Fund
to account for and pay all expenses from deposits made by the project
proponent, Baldwin Vista, Ltd. If there is a default of the proponent,
compensation for the services performed shall be paid only from deposited
monies and from no other asset or resource of the City, a special
obligation which is not a burden upon, or appropriated from, the General
Fund of the City.
c. Additional Scope of Work
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the General Duties
and Scope of Work (n Additional Services"), and upon doing so in writing,
3
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J'IJL l!J~ ' '~,~ l~;~' 40 ~:t:I'I'r' .!.: "H'~JI'I"'~:S -~lb-44~-~~ll i"
F. 1/1
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consultant shall perfnrm ~~m~ on 11 I,ilflt: ~ll\J Ill<l.l"ljl\l~ \:>iI,H~ 1'41h~ rAtes set forth
ill S""LiUH 2[:,. All compenslltion for Additional Servicec chalI be paid monthly
as billed.
3. Administration of Contract
Tn.. f~llty heTf.'by rll'"l~nl1l..,~ 1IIl, ()ll1Y Ml1llil~':;I'. 01' his d~sill:ncc, 1I~ its loprcaentative for
the C~I(lillaLion and administration of tho work performed by Consultant herein required.
Copy of 011 eorrespondenc\l will be provided to the City Atlom!",y, ~nci impol'W"lt lel:al
dt'Cbioll' or wudu"iullS will hI'> r/\vicwcd by the City Attorney.
4. Term
Consultant shall p.dorm :lll ot me Defined ,';I'TY!r,r,s h~rr.ln rr.llllill;;1l \If il ~s I\\NY ~e
Tl'\luin:;J ullLiI the Liml1~ of thl'> cumulative total amount lIuthorized under this A.greement
is reached.
5. Finam:illl Illtc.1'osts of Consultant
Consultnnt warrwtg :ma represent~ thar nehhr,T shr.. nor hr:r i If 11 uclli<l.l" [Ill\\ily l\l?\~~1;Iers,
nor her employ""'" 01 agents ("Consultant Associates") presently have :my interest,
directly or indirectly, what~oever in propilrty which would constH\ltfl ~ r.nnflkt ofintere~t
or give Thfl ~pp~l1rl1T11", IIf ~\Ilili Ii"lifli..t il\ r/\l.\tion to the pr~ieots id,mtified in this
Agreement.
Conaultnnt furthllI wmmts and represems ThilT nil IlfI"lIi~1;; IIf [\I~\II~ M\~l';'j'I\\<i\nt,
rc::uJ1lue,,,Liull, M,uideration, g!'Utuity or other rew:rrd or g:&in hllS been madl', to
Consultant or Consultant Associate.s. COnS\lltilnt prnmi~~ to advise City of any such
promi"" lh"l llld.'y be Inade during the Term of thi~ Agrelilment, or for 12 months
thereafter.
("onsll1r~nr ill::rl"',;;,~ 1,Ii~l ll\:;il!liil C';'I\~\lltal~t I'I6r her immediate fwnily m8mben, nor her
':'Inployees Of ugcnw, ahall o.cquir8 any &lIeh Prohibited Inrerl'8t within th/'i Tr.rrn of this
Agreemc::m, ur [Ul 12 llluulh" Aft,:,! the el:pitntioll of thia Agreement.
CUH,"1Uu\t may !lOt conduct or aolioit uny bu~ine&& for :lony pm to this Agrl'l':mflnr, or for
any third party whiCh may be. in conflIct with COll~ull<1l1l'~ Ivwull"itiUti,:,s under 11Iis
Agreement.
6. Hold Harmless
Conaultnnt ugree& to dlilfend, indemnify. and holn harm1rnsll the City fNm i\Il4 a!;\;<lust all
liability, "Q~, line) exp<:I1,e (illduJiul> withoot limitation llltOmoyo' feec) oriCinll from lms
of or damage to Clny property wh3.tEOever or injury to or nf'.'Ith of ~ny person whQm~v~r
4
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whomsoever caused or alleged to be caused or occasioned by the negligent act or
omission of Consultant or any agent or employee of Consultant arising out of or in
connection with this Agreement or the work to be performed by Consultant hereunder,
except to the extent such liability, cost or expense is caused by the negligence of the
City.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all fmished or unfmished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option
of the City, become the property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amount payable hereunder, and less any damages caused City by Consultant's breach.
8. Errors and Omissions
In the event that the City Manager or his designee determines that the Consultant's
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions in the plans or contract specifications, Consultant and City
shall select a mutually acceptable arbitrator with legal and technical expertise in
preparing EIRs and in the application of CEQA to determine whether Agency shall be
reimbursed for the additional expenses incurred by the City including engineering,
construction and/or restoration expense. Nothing herein is intended to limit City's rights
under other provisions of this Agreement.
9. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason for giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just an equitable compensation for any satisfactory work completed on such documents
and other 'llaterials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
5
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10. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City which City may
unreasonable deny.
II. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be
the sole and exclusive property of the City. No such materials or properties produced
in whole or in part under this Agreement shall be subject to private use, copyrights or
patent rights by Consultant in the United States or in any other county without the
express written consent of Agency. City shall have unrestricted authority to publish,
disclose as may be limited by the provisions of the Public Records Act, distribute, and
otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
12. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contract with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent contractor
and shall not be deemed to be an employee of the City, and none of them shall be
entitled to any benefits to which City employees are entitled including, but not limited,
overtime, retirement benefits, workers compensation benefits, injury leave or other leave
benefits.
13. Responsible Charge
Consultant hereby designates Tina A. Thomas shall be Consultant's representative
("Project Manager") to the project for the duration of the project. No substitution for
this position shall be allowed without written approval from the City.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this Agreement against the Agency
unless a claim has first been presented in writing and filed with the Agency of the City
of Chula Vista and acted upon in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to time be amended,
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the provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with Agency for
the purpose of resolving any dispute over the terms of this Agreement.
15. Statement of Costs
In the event that Consultant prepares a report or document, or parnclpates in the
preparation of a report or document as a result of the scope of work required of
Consultant, Consultant shall include, or cause the inclusion, in said report or document
a statement of the numbers and cost in dollar amounts of all contracts and subcontracts
relating to the preparation of the report or document.
16. Miscellaneous
a. Consultant Not Authorized to Represent City
Unless specifically authorized in writing by Agency, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements
whatsoever.
b. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt requested, at the
address identified adjacent to the signatures of the parties represented.
c. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between
the parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the part against which enforcement of such
amendment, waiver or discharge is sought.
d. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction form its principal to enter
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into this Agreement; that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
e. Governing LawlVenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement
shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto
as possible. Venue for this Agreement, and performance hereunder, shall be the
City of Chula Vista.
f. Attorney Fees
Should a dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of that claim,
including costs and attorney fees.
[End of page. Next page is signature page.]
8
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Signature Page to
Agreement with Remy and Thomas
for Legal Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement this _
day of , 1993.
CITY OF CHULA VISTA
By:
Tim Nader
Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to form:
Bruce M. Boogard,
City Attorney
Remy and Thomas
By:
Tina A. Thomas
~~v
t:f. 7/f/'/-%1'~
3061396.001 \RETAINER
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COUNCIL AGENDA STATEMENT
Item
?'
SUBMITTED BY:
Meeting Date 7/13/93
/7/.5';
Resolution Authorizing the Temporary Use of
Legislative Office for Interim City Attorney
Department usage During Construction, and Making
an Appropriation Therefor
city AttorneY~
ITEM TITLE:
4/5ths Vote: Yes X No__
Pursuant to prior Council authorization, the expansion of the city
Attorney's Office construction is about to be let out for public
bid. During the construction period, which will take approximately
two months, it will be more safe and conducive to the conduct of
business if the city Attorney's Office and staff, or part of them,
could relocate. It so happens that congressman Filner's prior
offices in the Legislative Building are now vacant. It is a
substantially undersized facility for our usage, but may be
sufficient on an interim basis. The city Attorney's Office is
requesting an appropriation and permission of Council to utilize
the Legislative Building, Robert Filner's former offices, to serve
as an interim City Attorney's office during the period of
construction.
RECOMMENDATION: Adopt the resolution authorizing the city
Attorney's Office to occupy the Legislative Building, Robert
Filner's former offices, as an interim City Attorney's office
during the period of construction of the City Attorney's expansion.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
We anticipate that the City Attorney's expansion project can go to
bid in approximately two weeks. We anticipate that the
construction project will take approximately two months, beginning
approximately two weeks after Council awards the contract. We
anticipate return to the remodelled City Attorney office spaces by
approximately November 15, 1993.
It was hoped that construction could be phased to allow continued
use of current space throughout construction. Al though
inconvenient, this was though'c less disruptive than actually moving
~'I
Item
Page
~
2
the entire off ice operation. However, asbestos has now been
discovered in the subfloor, requiring special removal procedures,
and creating a health risk to staff to try to continue use during
removal/construction.
At one point, councilmembers had suggested that the City Attorney's
occupy the Council Conference Room. However, this will result in
the loss of a heavily used conference room.
We also followed up on the suggestion of using empty space
available in the Zogob Building, possibly in the office with the
South Bay Community Services Office. However, there is only one
small (300 square feet) room available (on the second floor), plus
potential use of South Bay Community Services' current conference
room. The latter is much smaller than the Council Conference Room,
and would require physical alterations to close it off from their
reception area. Use of those combined spaces would be very
inadequate in terms of space, separate office staff, and be very
disruptive to the day-to-day services of South Bay Community
Services. The cost for the one small second story office alone is
approximately $330 per month (plus utilities), according to Pam
Buchan in the Community Development Department. Additional costs
would be involved for closing off the South Bay Community Services'
current conference room, as well as space rental, for that option.
Public Works advises that it would cost approximately $1,500.00 to
move office furnishings to the Filner offices and back. The
telephone company estimates $1,000.00 to set up 5 lines and 2
dedicated lines (for computer modems for legal research) in the
Filner offices and return to the normal setup in the remodelled
offices.
FISCAL IMPACT: No cost for space use if you approve the resolution
authorizing city Attorney use of the former Filner legislative
offices. There would be the "opportunity cost" equal to lost rent
for the space. Transition costs (moving, telephone and computer
connections) will be approximately $2,500.00, requiring an
appropriation of $2,500 from the General Fund to Account 600-6001-
GG141.
(F:\Home\Attomey\Relocate.CA)
8'''' ,J..
RESOLUTION NO.
/715?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE TEMPORARY USE OF
LEGISLATIVE OFFICE FOR INTERIM CITY ATTORNEY
DEPARTMENT USAGE DURING CONSTRUCTION, AND
MAKING AN APPROPRIATION THEREFOR
WHEREAS, pursuant to prior Council authorization, the
expansion of the city Attorney's office construction is about to be
let out for public bid; and
WHEREAS, during the construction period, which will take
approximately two months, it will be more safe and conducive to the
conduct of business if the city Attorney's office and staff could
relocate; and
WHEREAS, the City Attorney's office is requesting an
appropriation and permission of Council to utilize an office in the
Legislative Building as an interim office during the period of
construction; and
WHEREAS, Public Works advised it will cost approximately
$1,500 for moving expenses and $1,000 for telephone lines, which
needs to be appropriated from the General Fund.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby authorize the temporary use of
Legislative Office for Interim City Attorney Department Usage
during construction.
BE IT FURTHER RESOLVED that the amount of $2,500 is
hereby appropriated from the unappropriated balance of the General
Fund into ccount 600-60 -GG141.
and Ated a
B uce M. Boogaard, City Arney
8''' .3
COUNCIL AGENDA STAlEMENT
ITEM TITLE:
Item~
Meeting Date 7/13/93
Resolution / '7/58'" approving the first Extension Agreement for the
Community Youth Center Operating Agreement
SUBMIT1ED BY: Director of Parks and RecreatiOl\L\.-_
REVIEWED BY: City Manager {;~~,~6 (4/5ths Vote: Yes_No X)
On March 12, 1992, the City entered into a joint use agreement with the Sweetwater Union High
School District and the Boys and Girls Club of Chula Vista for the operation and maintenance of the
Community Youth Center on "L" Street. A section of that agreement stipulates that the City will
review the operations of the Boys and Girls Club periodically, and that the City shall extend the term
of the agreement if the Club is providing appropriate services and support during their operating
hours at the Center. Staff is satisfied with the Club's performance, and is recommending that the
agreement be extended to July 1, 1995.
RECOMMENDATION: That Council approve the first Extension Agreement for the
Community Youth Center Operating Agreement between the City, the Boys and Girls Club of Chula
Vista and the Sweetwater Union High School District, for a two year period to July 1, 1995.
BOARDS/COMMISSIONS RECOMMENDATION: At its meeting of June 17, 1993, the Parks and
Recreation Commission voted unanimously to support the Youth Center Operating Agreement
Extension as presented.
DISCUSSION: On March 12, 1992, the City entered into a joint use agreement with the
Sweetwater Union High School District (District) and the Boys and Girls Club of Chula Vista (Club)
regarding the operations and maintenance of the Community Youth Center on "L" Street. Section
3.7 of that agreement stipulated that the City would review the Club's operations at the Center
between January and April of 1993, for the purpose of evaluating the applicability of extending the
agreement with the Club. The operational review was to include the Club's provision of adequate
and appropriate programming as well as adequate maintenance of the facility.
City staff members have been working closely with the Club since the center opened. The evaluation
of the Club's programs has been an ongoing process, as has the evaluation of the Club's care of the
physical plant. Quarterly meetings with all three entities have taken place, as well as meetings to
discuss specific use schedules at the facility.
The Club has been offering a wide variety of programs for youth from ages 6 to 18. The Center is
open five days each week, on a year-round basis, for drop-in activities that include games, crafts, field
trips, and athletic activities. The Club's programming was based in part on the results of a interest
survey that they conducted at the local junior and senior high schools. Most activities are separated
by age, and specific times are designated for different age groups at the facility. Average daily
attendance during the Club's operations is approximately 175. In addition to drop-in activities, the
Club offers more structured programs. Operation Secure is a program that helps Club members
wp\ycenter.ext
9'/
protect themselves from crime and violence at school, at home, and on the streets. The Keystone
Club is a small group leadership program for high school students that is operated totally by the club
members. The club members elect their own officers, and plan and implement their own activities.
An environmentally-focused education program, The Ultimate Journey, is designed to increase the
environmental sensitivity of program participants through games, crafts, and discovery projects.
Operation SMART (Science Math And other Related Technologies) is a program designed for junior
high school girls to promote interest in the sciences and related fields. The Club also offers a Teen
Club, organized sports leagues, and dance and activity classes. A popular day camp program
(Funshine) is offered, as is an Early Morning Care program that offers before school programming
for children of working parents. Stepping Stones is a physical education program for elementary
school age girls that helps prepare them for competitive and non-competitive sports activities in the
future. The Club also offers space and time for youth to work on homework assignments, and will
offer tutoring on a limited basis on request. Based on a request from the City, the Club offered a
Tiny Tots program during the Fall and Winter of 1992 to supplement the City's program, since public
demand for the program is extremely high.
Staff is satisfied that the Club is providing a wide variety of programming for elementary, junior and
senior high school youth, and is recommending the two year extension of the agreement to July 1,
1995. The Club is actively working with the Parks and Recreation Department in identifying
programs additional that will better serve junior and senior high school students. In addition, the
Club is an active participant in the Youth Coalition, and is also actively involved with the Youth
Summit process. Staff believes that the Club will continue to offer appropriate programming at the
Center, and will work in harmony with the City in expanding programming for the youth of Chula
Vista.
The Boys and Girls Club and the Sweetwater Union High School District have reviewed the
Extension Agreement, and they are in full support of staffs recommendation to approve the
agreement.
FISCAL IMPACT: None
Attachment: Extension Agreement
wp\ycenter.ext
9,. .l..
RESOLUTION NO.
/ '1/SY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST EXTENSION
AGREEMENT FOR THE COMMUNITY YOUTH CENTER
OPERATING AGREEMENT, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
WHEREAS, on March 12, 1992, the City entered into a Joint
Use Agreement with the Sweetwater Union High School District and
the Boys and Girls Club of Chula vista for the operation and
maintenance of the community Youth Center on "L" Street; and
WHEREAS, a section of that Agreement stipulates that the
City will review the operations of the Boys and Girls Club
periodically, and that the city shall extend the term of the
agreement if the Club is providing appropriate services and support
during their operating hours at the Center; and
WHEREAS, staff is satisfied with the Club's performance,
and is recommending that the Agreement be extended to July 1, 1995.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the First Extension
Agreement for the Community Youth Center Operating Agreement, a
copy of which is on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vis a
Jess Valenzuela, Director of
Parks and Recreation
al
Presented by
F:\home\attomey\CYCxtn.res
9-.3!Q-i
FIRST EXTENSION AGREEMENT FOR THE EXTENSION
OF THE COMMUNITY YOUTH CENTER OPERATING AGREEMENT
This Agreement, entered into this day of ,
1993 for the purposes of reference only and effective as of the
date last executed between the parties, is executed between THE
CITY OF CHULA VISTA, a municipal corporation ("City"); THE BOYS AND
GIRLS CLUB OF CHULA VISTA, INC., a nonprofit public benefit
corporation, d.b.a. Boys and Girls Club of Chula Vista ("Club");
and the SWEETWATER UNION HIGH SCHOOL DISTRICT, a political
subdivision of the State of California ("District"); and was made
with reference to the following facts:
R E C I TAL S
WHEREAS, the parties entered into an Agreement dated
March 12, 1992 for the purposes of reference entitled "Community
Youth Center Operating Agreement" by which the City and the
District granted to Club certain rights to occupy and operate the
Community Youth Center as the term is therein defined on certain
terms, conditions, covenants and promises therein contained; and,
WHEREAS, Section 3.7 permits the City to review in the
first instance between January and April of 1993, and annually
thereafter, the operations of the Club at the facility including
the Club's provisions of programming, the extent to which it meets
elementary, junior and high school youth needs, their maintenance
of the facility and other factors, all of which are more fully
articulated therein, and upon satisfaction with the performance of
the Club to the date of review, the City council is 'entitled to
extend the license therein granted by execution of an Extension
Agreement; and
WHEREAS, the City has reviewed the hereinabove referenced
factors regarding the Club's operation at the facility, and is
generally satisfied therewith.
NOW, THEREFORE, THE PARTIES HERETO DO HEREBY AGREE AS
FOLLOWS:
1. The Community Youth Center Operating Agreement is
hereby extended to July 1, 1995. All other terms, conditions,
promises and covenants therein contained shall remain in full force
and effect, unaffected by the provisions of this First Extension
Agreement.
IN WITNESS WHEREOF, the parties hereto, having been fully
authorized by their respective boards to execute this Agreement,
and having duly read and understood the terms and provisions
hereof, do hereby set their hand to indicate their intent to be
bound by the terms hereof.
1
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9-,j
DATED:
THE CITY OF CHULA VISTA
Mayor of the City of Chula Vista
Attest
City Clerk
as t1;=
City Attorney
C:\HOME\A TIORNEY\CYCxtn.llt
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DATED;
BOYS AND GIRLS CLUB
OF CHULA VISTA
lD,~Jj~
DATED:91~/0 /qq,j
SWEETWATER UNION HIGH
SCHOOL D~
Minutes of a
Regular Meeting of the
PARKS AND RECREATION COMMISSION
Thursday 6:00 p.m.
June 17, 1993
Public Services Building
Conference Room 2&3
*******************
1. ROLL CALL
Members present:
Members late:
Commissioners, Sandoval-Fernandez, Helton, Roland
Lind (6:57), Hall (6:18), Carpenter (6:17)
2. APPROVAL OF MINU1'FS
Motion to approve the minutes as distributed.
MSC WILLEIT/SANDOV AL-FERNANDEZ 4-0 (HaIl, Carpenter, Lind out)
3. PUBUC HEARINGS OR REMARKS
NONE
4. DIREcroR'S REPORT
Director Valenzuela highlighted some of the activities being offered by the Department for
the summer season.
He also highlighted the recently funded $73,000 Youth Action Plan and thanked the
Commissioners for their support throughout the City's budget process.
5. REPORTS FOR INFORMATION ONLY
NONE
6. ACTION ITEMS
Unfinished Business
a Joint Workshop Debriefinl!
Director Valenzuela drew the Commission's attention to the draft minutes of the Joint City
CouncillParks and RecreatioG Commission meeting which were included in the packets.
Commissioner Sandoval-Fernandez asked where we go from here?
'7-7
PARKS AND RECREATION COMMISSION
June 17, 1993
PAGE 2
Commissioner Hall feels that the Commission should send a recommendation to the Council
to sit down with the School District and work out a comprehensive joint use agreement.
Motion to recommend to Council that they meet with the school board to begin to address
several of the issues discussed at the joint workshop.
Commissioner Willett feels that the issues should be turned over to staff and that the
Director should come back to the Commission with a point paper, offering options for the
Commission to vote on, and with recommendation on some of the items.
It was suggested that the motion be withdrawn and restated under item 6d.
Commissioner Sandoval-Fernandez stated that her motion was more comprehensive than just
joint use with the School District.
Commissioner Hall asked the Director to give a breakdown on joint use that is currently
occurring with the School District and how these are being administered.
Commissioner Carpenter asked if a joint meeting of Parks and Recreation Commission and
School Board was being suggested.
Commissioner Helton called a Point of Order on the basis that the discussion had strayed too
far from the motion, and the motion should be dealt with before the discussion continued.
Commissioner Hall asked Commissioner Sandoval-Fernandez to withdraw her motion until
later in the agenda, as he felt that it was insufficient to answer the question at hand.
Commissioner Helton felt that the motion was general enough in nature that it could be
made under this agenda item.
MS SANDOV AL-FERNANDEZJCARPENTER (Motion withdrawn by the maker)
Motion to accept the Director's outline in pursuing Council's request.
MSUC WILLEIT/HELTON 6-0-1 (SANDOVAL-FERNANDEZ ABSTAINED, she feels
that the motion is ridiculous)
b. Youth Summit Dcbricfinl!
Director Valenzuela thanked the Commissioners for their participation and support in the
Youth Summit process, and gave an overview of the process thus far. He stated that the final
results are being compiled and will be brought to the Commission at their July meeting.
Commissioner Helton stated that she had heard very positive feedback from students through
school teachers regarding the Youth Summit process.
9,r
PARKS AND RECREATION COMMISSION
June 17, 1993
PAGE 3
Commissioner Carpenter stated that she had been very impressed with what she had seen of
the Youth Summit. She feels that it can make a real difference in the City of Chula Vista.
In addition, the feedback that she has received from students indicates that for the first time
they feel as though they have a real voice in what is happening.
New Business
a. Park Villas Project
Director Valenzuela gave a brief history of this project and presented the Commission with
pictures of the strip of land that is proposed for lease. He then introduced Mr. Sanderson
of the Barrio Corporation and Gerlinda Topzand of San Diego County who further
elaborated on the project.
Commissioner Sandoval-Fernandez expressed concerns about setting a precedent of leasing
park land to the private sector. While she feels that the community may be well served in
this instance, there is a real danger in setting such a precedent for the future. It is her feeling
that the shortage of land should have been taken into consideration before the project was
put together, rather than have the project completely planned specifically for this site before
asking to encroach on a public park:. She feels that the Commission has been put into a
position where they "have no choice" but to approve the encroachment, or the whole project
will fail.
Director Valenzu~la pointed out that this precedent has already been set with leases to the
American Legion. the Boys and Girls Club and the YMCA
Commissioner Willett stated that he has walked the area and feels that the park will not lose
anything by the lease of this land.
Motion to recommend approval of the project and the lease of the land to Civic Center
Barrio Housing f'orporation for 40 years.
MSC WllLETT/ROIAND 6-0 (Lind out)
b. Change of Meeting Time
Commissioner Lind asked whether the Commissioners would like to change the time of their
meeting as there is frequently a lack of a quorum at 6:00 pm.
Commissioner Carpenter stated that recent changes in the nature of her job mean that she
can no longer arrive at the Commission meetings by 6:00 pm. She states that 6:10 to 6:15 is
the earliest she can arrive.
Motion to change meeting time from 6:00 to 6:15
M HALL (Motion failed for lack of a second)
9"7
PARKS AND RECREATION COMMISSION
June 17, 1993
PAGE 4
Motion to have the Commission meet at 6:30 pm.
MSC CARPENTER/SANDOVAlrFERNANDEZ 4-2-1 (ROLAND ABSTAINED, he
declined to state his reason for abstaining at this time)
c. Graffiti Eradication Policy
Director Valenzuela stated that the Policy before the Commission had been a Department
Policy for quite some time, but at this point staff is proposing to send it to Council for
approval to elevate it to a City Policy.
Motion to accept the policy as proposed
MSUC HELTON!HAIL 7-0
d. Joint Use of School District Facilities
Commissioner Roland stated that this is up to the City Council.
Director Valenzuela informed the Commission that implementation of the Youth Action Plan
is contingent upon the joint use of facilities. He feels that this should be identified as an
issue and a meeting of the minds should be reached between the policy makers from the City
and the School District. He suggested that if the Commission supports this idea, a
memorandum could be forwarded to Council so stating.
Motion to forward a memo to Council through the Chair requesting Council to meet with the
School Board, or that a committee be formed, in order to discuss joint use agreements and
associated issues that go with it, with the associated issues being outlined by the Director of
Parks and Recreation.
MSUC HALlJWILLEIT 7-0
e. Extension of Youth Center Operating Agreement
Director Valenzuela called the Commission's attention to the copy of the proposed Youth
Center Operating Agreement Extension which was included in their information packets. He
then answered the Commission's questions about current usage and conditions at the Youth
Center.
Motion to support the Youth Center Operating Agreement Extension as presented.
MSUC WILLETT/SANDOV AlrFERNANDEZ 7-0
7. COMMUNICATIONS
a. Written Correspondence
NONE
9"'/tj
PARKS AND RECREATION COMMISSION
June 17, 1993
PAGE 5
b. Commissioner's Comments
ROLAND - Commissioner Roland verbally tendered his resignation from the Commission,
effective immediately, due to health reasons, and stated that he would follow up with a
written resignation.
The Commissioners expressed their regret at Commissioner Roland's leaving.
SANDOVAL-FERNANDEZ - Complimented staff on the high quality of our parks. She
stated that recent visitors to the parks from all over the County had expressed to her how
well kept the parks were, especially Discovery Park.
WILLETI - Presented a map of the City with all of the ballfields, lighted and unlighted,
marked on it. In addition, he commended Commissioner Helton on the speech she had given
at the Otay Ranch meeting.
Adjournment to the next regularly scheduled meeting of July 16, 1993.
Respectfully submitted,
A~ 4&-tv
Carole Cramer Stohr
9;/1
TInS PAGE BLANK
r; -/~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item I (J
Meeting Date 7/13/93
Resolution 17/,se; Rescinding Resolution No. 15323 Authorizing an
Exchange of Property with Rancho del Sur Partnership
Director of Parks and RecreatioQ.1.
Director of Public Works ?It /
SUBMITTED BY:
REVIEWED BY:
"l~
City Manager ~,<~
f.r)
(4/5ths Vote: Yes _ No 10
On September 26, 1989, the City of Chula Vista approved an exchange of Open Space property with
the Rancho del Sur Partnership, to facilitate the development of medical offices on Telegraph Canyon
Road in the Sun bow I development. The Partnership and a medical doctor were jointly designing a
medical center building on a triangular parcel of property along Telegraph Canyon Road. The property
from the open space district was required to meet a parking lot spaces condition from the Planning
Department.
RECOMMENDATION: That Council rescind the Resolution authorizing the exchange of Open Space
property; direct the return of the cash deposit, less City costs, to the Telegraph Canyon Medical Office
Partnership; and authorize the reconveyance of their title by quitclaim deed.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. ~NOT SCANNED
DISCUSSION: On September 12, 1989, Council adopted Resolution #15294 (lhachment A) declaring
its intention to exchange a portion of an open space boundary area (4,160 sq. ft.) in Open Space District
#18, Sun bow. Rancho del Sur Partnership would then exchange 3,640 sq. ft. of their property and
Q landscape the new open space area and the roadside parkway. The land exchange was to provide
~ sufficient land to accommodate the required parking for the medical office project proposed by the
~ Telegraph Canyon Medical Office Partnership.
U At the September 26,1989 Council meeting, a public hearing was conducted, and Resolution #15323
~ 1t- (Attachment B) was adopted. The Resolution declared the property to be surplus, unusable public land,
o *and authorized an exchange of property with the Rancho del Sur Partnership.
Z
=*
The Teiegraph Canyon Medical Office Partnership prepared the necessary documents to effect the
exchange of land. The documents included a grant deed from the Partnership, a grant deed from the
City and a grant deed consolidating the Partnership land. Additionally, the City received a cash deposit
in the amount of $62,600 to guarantee the construction of landscape improvements. The partnership
gave us their grant deed which remains unrecorded but we have never delivered our grant deed to them.
On May 19, 1993, Mr. Jerry Alvord, Rancho del Sur Partnership, asked the City to rescind the Agreement
for the land exchange and requested return of the cash deposit because the project experienced
financial problems and was no longer viable. Consequently, the partnership was dissolving.
The City Attorney's office has reviewed the Resolution, and because the documents have not been
executed or recorded, the City can rescind the Agreement and return the cash deposit to the
partnership, minus outstanding staff costs accrued against the project.
FISCAL IMPACT: Approximately $2,300 in staff costs will be reimbursed to the General Fund from the
$62,600 on deposit for this project; resuiting in a return to the developer of approximately $60,300.
osexchge.a13
II) -I
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,
RESOLUTION NO.
17 / 5~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RESCINDING RESOLUTION NO. 15323
AUTHORIZING AN EXCHANGE OF PROPERTY WITH
RANCHO DEL SUR PARTNERSHIP
WHEREAS, on September 26, 1989, the city of Chula Vista
approved an exchange of Open Space property with the Rancho del Sur
Partnership, to facilitate the development of medical offices on
Telegraph Canyon Road in the Sunbow I development; and
WHEREAS, the Telegraph Canyon Medical Office Partnership
prepared the necessary documents to effect the exchange of land,
which documents included a grant deed from the partnership, a grant
deed from the City and a grant deed consolidating the Partnership
land; and
WHEREAS, the City received a cash deposit in the amount
of $62,600 to guarantee the construction of landscape improvements,
however, the partnership never executed the recording of the above
documents; and
WHEREAS, on May 19, 1993, Mr. Jerry Alvord, Rancho del
Sur Partnership, asked the City to rescind the Agreement for the
land exchange and requested return of the cash deposit; and
WHEREAS, since the grant deeds have not been executed,
the city can rescind the authorizing Resolution No. 15323 and
return the cash deposit to the partnership, minus outstanding staff
costs accrued against the project.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the city of Chula vista does hereby rescind Resolution No. 15323
authorizing an exchange of property within Rancho del Sur
Partnership and direct the return of the cash deposit to the
partnership less staff costs of $2,300.00.
Presented by
"Or"
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\osxchang
/0 - ;.
ninutes
- 7 -
September 26, 1989
This item did not need to be noticed as a public hearing and, with Council's
consent, was approved under the Consent Calendar.
19. PUBLIC HEARING PROPOSED REPROGRAMMING OF FEDERAL REVENUE
SHARING FUNDS
RESOLUTION 15321 APPROVING REPROGRAMMING OF FEDERAL REVENUE
SHARING FUNDS
RESOLUTI ON 15322 APPROPRIATING $250,244,48 FROM THE UNAPPROPRIATED
RESERVE OF THE GENERAL FUND TO CAPITAL
IMPROVEMENT PROJECTS
Thi s substituti on of funds will not result in fundi ng reducti ons in either
the capital or operating budgets. (Principal Management ASSistant)
This being the time and place as advertised, ~layor Cox declared the public
hearing open. There being no public testimony, the public hearing was closed.
ORDItJANCE OFFERED BY MAYOR COX, the reading of the text was waived, passed and
approved unanimously.
20. PUBLIC HEARING
TO CONSIDER CHANGE TO OPEN SPACE AREA BOUNDARY
IN OPEN SPACE DISTRICT NO. 18
RESOLUTION 15323
DECLARING PROPERTY TO BE SURPLUS, UNUSABLE PUBLIC
LAND, WAIVING THE FORMAL BIDDING REQUIREMENTS AND
AUTHORIZING AN EXCHANGE OF PROPERTY WITH RANCHO
DEL SUR PARTNERSHIP
Ordi nance 17.08.390 requi res a pub 1 i c heari ng whenever changes to open space
area boundaries are proposed. (Director of Parks Recreation)
This being the time and place as advertised, tlayor Cox declared the public
hearing open.
Director of Parks & Recreation t~ollinedo noted that there has been a request
to increase the total amount of square footage by 1500 square feet; staff has
no problems with the request.
J eral d Alford, Tel egraph Canyon !ledi ca 1 Partnershi p, 2445 Fifth Avenue San
Diego 92101, presented a brief history of the location, described the parcel
and presented slides. He noted there was a need for an additional area of
proposed parking. They proposed to exchange a part of the parcel for an open
space area owned by Rancho del Sur.
There being no further public testimony, the public hearing was closed.
Mayor Cox asked if there were modifications to be made on the resolution
before Council this evening. Staff noted there was an adjustment to be made
to Exhibit A but not to the resolution; there \~as no money exchanged in the
transaction.
RESOLUTION IHTH CHA!JGE ON EXHIBIT A, OFFERED BY MAYOR COX, the reading of the
text was waived, passed and approved 4-0-1 (Councilman Malcolm out).
/()~3
I\....,/V.
"0 I 1.
-
Attachment A
RESOLUTION NO.
15294
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO CHANGE OPEN SPACE
AREA BOUNDARY IN OPEN SPACE DISTRICT NO. 18
AND SETTING A DATE FOR PUBLIC HEARING
The City Council of the City of Chula Vista does hereby
resolve as follows:
jointly
parcel
Archway
WHEREAS, Rancno Del Sur and
designing a medical center
of property along Telegraph
Inn, ana
Dr. Robert
building on
Canyon Road
Matkovick are
a triangular
east of the
\~HEREAS, the proposed complex does not have sufficient
space to accommodate the necessary number of parking spaces
required by the Planning Department and in order to meet this
requirement, additional property needs to be acquired, and
WHEREAS,
development is a
right-of-way which
located to the south of the proposed
portion of the Old Telegraph Canyon Road
is now dedicated open space land, and
WHEREAS, Chula Vista Municipal Code Section 17.08.390
requires a notice of intention be adopted by Council whenever a
change of open space area boundary is proposed and requires that
a public hearing date be established so that anyone having
Objections to the cnanges may appear oefore Council and show
cause why changes should not oe ordered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby declare its intention to
change the open space boundary area in Open Space District No. 18
as shown in Exhibit "A", attached hereto and incorporated herein
by reference as if set forth in full.
BE IT FURTHER RESOLVED that the City Council hereby sets
Tuesday, Septemoer 26, 19t19 at the hour of 7:00 p.m. in the
Council Chambers, 276 Fourth Avenue, Chula Vista, California for
a public hearing so that anyone having Objections to the changes
may appear oefore Council and show cause why changes should not
oe ordered.
Presented by
form by
'-
A- ~~. -"
Manuel A. Mollinedo, Director
of Parks and Recreation
62lBa
City Attorney
/D~tf
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.....
APPROVED, and ADOPTED by the City Council of the City of Chu1a Vista,
. "r'nta thi s 12th day of September, 1989 by the foll owi ng vote:
(fO '
,I
AYES: Council members: Moore, Nader, Cox
NOES: Counci1members: None
ABSENT: Counci1members: Malcolm, Nader
ABSTAIN: Counci1members: None
ATTEST:
~,(/?riit.,ij
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authe1et, City Clerk of the City of Chu1a Vista, California, do
hereby certify that the foregoing Resolution No. 15294 was duly passed,
approved, and adopted by the City Council of the City of Chu1a Vista,
California, at a regular meeting of said City Council held on the 12th day of
September, 1989.
Executed this 13th day of September, 1989.
~,f. t2lJrtfr.t
-
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Attachment B
RESOLUTION NO. 15323
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING PROPERTY TO BE SURPLUS,
UNUSABLE PUBLIC LAND, WAIVING THE FORMAL
BIDDING REQUIREMENTS AND AUTHORIZING AN
EXCHANGE OF PROPERTY WITH RANCHO DEL SUR
PARTNERSHIP
The City Council of the City of Chula Vista does hereby
resolve as follows:
jointly
parcel
Archway
WHEREAS, Rancho Del Sur and
designing a medical center
of property along Telegraph
Inn, and
Dr. Rober t
building on
Canyon Road
Matkovick are
a triangular
east of the
WHEREAS, the proposed complex does not have sufficient
space to accommodate the necessary number of parking spaces
required by the Planning Department and in order to meet this
requirement, additional property needs to be acquired, and
WHEREAS,
development is a
right-of-way which
located to the south of the proposed
portion of the Old Telegraph Canyon Road
is now dedicated open space land, and
WHEREAS, Chula Vista Municipal Code Section 17.08.390
requires a notice of intention be adopted by Council whenever a
change of open space area boundary is proposed and requires that
a public hearing date be established so that anyone having
objections to the changes may appear before Council and show
cause why changes should not be ordered, and
WHEREAS, an public hear ing has been held by the Ci ty
Council on September 26, 1989.
, .
,
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby declare the property shown on
Exhibit "A" to be surplus, unusable public land in accordance
with section 2.56.230 of the Chula Vista Municipal Code.
BE IT FURTHER RESOLVED that the City Council does hereby
waive the formal bidding requirement and authorizes an exchange
of property with Rancho del Sur partnership.
Presented by
Approved as to form by
-~, I
~'tr.',_,)_~ //J~_, _',_
( Thomas J. Harron, City Attorney
~ (
/o? . .-C-{". _~
anuel A. MOllin~~o, Dlrector
of Parks and Recreation
6285a
1(/ -b
Resolution
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of September ~ 1989 by the following vote:
AYES: Councilmembers: McCandliss, Moore, Nader, Cox
NOES: Counci 1 members: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
ATTEST
~~~~
~?ver y Au e Ie, ~cfe~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15323 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
Cal iforni a, at a regul ar meeting of sai d Ci ty Counci 1 hel d on the 26th day of
Septembe; 1989.
Executed this 27th day of September ,1989.
10-7
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Attachment C
".._ _ 7'
In-' T Rla%H~~~ENTO CONSTRUCTION CO';M:~TIO~;...
t....""~~ i.,.~ i 25 A~ if"'\. -':!b~
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aOnSTRUOTIOn
@@]OOQll@]OOOO'[JO@][jj]
UCENSE NO. 333428
May 19, 1993
Gi;:a Franco
City of Chula Vista
Engineering Department
476 Fourth Avenue
Chula Vista, CA 92010
VIA TELECOPIER
Re: Adjustment Plat 90.10
Open Space Land Exchange
Dear Gina:
Per our conversation wherein I requested what you would need to cause an
abandonment of this Adjustment Plat request by Telegraph Canyon Medical Office
Partners, you indicated you had already received such a request from attorney Cynthia
Fatica. The request for abandonment would result in a refund of the cash deposit made
by Telegraph Canyon Medical Partnership in the amount of $62,660.00. This letter will
confirm that it is Telegraph Canyon Medical Office Partnership's desire to abandon this
land exchange transaction and obtain the refund. However, Ms. Fatica's letter apparently
did not specify to whom the refund was to be made to in this matter, and you were in
the process of requesting the City Attorney to review who should be the recipient.
The deposit was made by Telegraph Canyon Medical Office Partnership while I
was Project Manager for the Partnership. Telegraph Canyon Medical Office Partnership
is still the owner of the property which was the subject of the proposed land exchange
and the refund of this deposit will allow the Partnership to dissolve and wind up its
business. The deposit therefore is to be made to Telegraph Canyon Medical Office
Partnership. Attorney Cynthia Fatica will confimi that this is to be the arrangement for
the City to refund this deposit which will hopefully not require your office to request an
opinion from your City Attorney which could cause delay of the refund. It is the
Partnership's desire to obtain this refund and wind up its business as soon as possible.
Please notify me when it will be possible for me to pick up and deliver the City's
check for this refund so it can be immediately delivered to the Partnership and its
2445 fifth avenue, suite 400. son diego, co 92101.1692. phone (619) 231-3637 · fox (619) 232-4717
/b~9
Gina Franco
City of Chula Vista
Re: Adjustment Plat 90-10
May 19, 1993
Page 2
dissolution can be completed. Thank you for your assistance and please call me if you
have questions in this matter.
cc: Cynthia L Fatica
Telegraph Canyon Medical Office Partnership
/IJ-ILJ
Very truly yours,
~O'd
COUNCIL AGENDA STATEMENT
Item~
SUBMITTED BY:
Meeting Date 7/13/93
Resolution I? I ~~ccePting bids and awarding contract for "Library
Parking Lot Overlay in the City of Chula Vista, California (LB-126)"
Director of Public Works ~
-it
City Manager ~.{~(, (4/5ths Vote: Yes_NoX)
ITEM TITLE:
REVIEWED BY:
At 2:00 p.m. on June 9, 1993, in Conference Room 3 in the Public Services Building, the
Director of Public Works received sealed bids for "Library Parking Lot Overlay in the City of
Chula Vista, California (LB-126)". The work to be done consists of providing asphalt concrete
material overlaying the existing parking lot at the Chula Vista Library located at 361 F Street.
The overlay is to be 1-1/2 inches thick and in some portions of the lot is to be placed on top
of a pavement reinforcing fabric. The work also includes the removal of alligatored pavement
areas and replacement with asphalt concrete, restriping of the parking lot, adjustment of water
meter boxes and replacement of existing roof drains.
RECOMMENDATION: That Council accept bids and award contract to Superior Ready
Mix Concrete L.P. in the amount of $32,726.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for the overlaying of the parking lot were included in the FY 1992-93 CIP project
budget (LB-126). The project was included in the budget to eliminate the present pavement
failures and to minimize future maintenance costs.
Bids for construction of the project were received from nine contractors as follows:
Contractor Bid Amount
1. Superior Ready Mix Concrete L.P. - San Diego $32,726.00
2. Sim J. Harris Co. - San Diego 33,296.00
3. Southland Paving, Inc. - Escondido 33,880.50
4. Daley Corporation - San Diego 38,155.00
5. Frank & Sons Paving, Inc. - Chula Vista 38,430.10
6. ABC Construction Co., Inc. - San Diego 38,948.50
7. J & S - San Diego 41,193.00
8. Walt's Paving - Chula Vista 42,451.44
9. Angus Asphalt, Inc. - Santee 42,569.90
/I~/
Page 2, Item / I
Meeting Date 7/13/93
The low bid by Superior Ready Mix Concrete L.P. is below the engineer's estimate of $34,865
by $2,139 or 6.1%.
Superior Ready Mix Concrete L.P. of San Diego was formerly the YR. Dennis Corporation.
Said company has done numerous paving type work throughout San Diego County over the
years. They performed the work on the City's 1991-92 Overlay Project.
Disadvantaged Business Enterprise Goal
The bid document set forth participation requirements per Federal regulations for meeting the
Disadvantaged Business and Women Owned Business Goals (DBE). David Harris, Community
Development Specialist has reviewed Superior Ready Mix Concrete L.P.'s effort to meet the
City's DBE participation requirements. His conclusion is that Superior Ready Mix Concrete
L.P. has met the City's DBE goals.
Staff has also reviewed Superior Ready Mix Concrete L.P.'s eligibility status with regard to
Federal procurement programs and the status of Superior Ready Mix Concrete L.P.'s State
contractor's license. Neither Superior Ready Mix Concrete L.P. or any listed subcontractors
are excluded from Federal procurement programs (list of parties excluded from Federal
procurement or non-procurement programs as of June 21, 1992.) Contractor's license for
Superior Ready Mix Concrete L.P. is current and in good standing.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project
and determined that the project is exempt under Section 15302, Class 2 of the California
Environmental Quality Act (Replacement or Reconstruction).
Disclosure Statement
Attached is a copy of the contractor's disclosure statement.
Prevailing Wage Statement:
The source of funding for this project is Community Development Block Grant funds, which
mandates the use of prevailing wages. Prevailing wage scales are those determined by the
Director of Industrial Relations, State of California, and those determined by the Federal
Department of Labor. Both wage ranges were included in the specifications. The Contractor
is obligated to pay the higher of the two wage determinations (hourly rate plus fringe benefits)
for each applicable craft or classification.
//-:(
Page 3, Item-.LL
Meeting Date 7/13/93
Funds Required for Construction
1. Contract AmOoot $32,726.00
2. Contingencies (approx. 10%) 3,274.00
3. Staff Cost (design & inspection) 8,693.94
T ota! Foods Required for Constrnction $44,693.94
Funds Available for Construction
1. Library Parking Lot Reconstrnction - LB-126 $44,693.94
Total Funds Available for Construction $44,693.94
FISCAL IMPACT: This action would authorize the expenditure of $44,693.94 of previously
appropriated funds. After construction, only routine City maintenance amounting mainly to
sweeping will be required.
File: LB-126
WPC F:\HOME\ENGINEER\AGENDA\libover.1ay
070793
I/-J / / /-f
RESOLUTION NO.
1'lll,tJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "LIBRARY PARKING LOT OVERLAY IN
THE CITY OF CHULA VISTA, CALIFORNIA (LB-126)
WHEREAS, at 2:00 p.m. on June 9, 1993, in Conference Room
3 in the Public Services Building, the Director of Public Works
received sealed bids for "Library Parking Lot Overlay in the city
of Chula Vista, California (LB-126)"; and
WHEREAS, bids for construction of the project were
received from nine contractors as follows:
Contractor Bid Amount
1. Superior Ready Mix Concrete L.P. - San Diego $32,726.00
2. Sim 1. Harris Co. - San Diego 33,296.00
3. Southland Paving, Inc. - Escondida 33,880.50
4. Daley Corporation - San Diego 38,155.00
5. Frank & Sons Paving, Inc. - Chula Vista 38,430.10
6. ABC Construction Co., Inc. - San Diego 38,948.50
7. J & S - San Diego 41,193.00
8. Walt's Paving - Chula Vista 42,451.44
9. Aogus Asphalt, Inc. - Santee 42,569.90
WHEREAS, the low bid by Superior Ready Mix Concrete L.P.
is below the engineer's estimate of $34,865 by $2,139 or 6.1% and
Superior Ready Mix Concrete L.P. of San Diego was formerly the V.R.
Dennis corporation, which company has done numerous paving type
work throughout San Diego County over the years; and
WHEREAS, the bid documents set forth participation
requirements per Federal regulations for meeting the Disadvantaged
Business and Women Owned Business Goals (DBE) and Superior Ready
Mix Concrete has met the city's DBE goals; and
WHEREAS, the City'S Environmental Review Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under Section 15302, Class 2 of the California
Environmental Quality Act (Replacement or Reconstruction).
1
1/- 5'
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept said nine bids and
awards the contract to the lowest responsible bidder, Superior
Ready Mix Concrete L.P., in the amount of $32,726.00, who has
assured the city they can produce an acceptable performance bond.
BE IT FURTHER RESOLVED that the City council does hereby
find that Superior Ready Mix Concrete L.P. has met the city's DBE
goals.
IT FURTHER RESOLVED that the Mayor of the city of
is hereby authorized and directed t execute said
and on behalf of the City.
BE
Chula vista
contract for
Presented by
John P. Lippitt, Director of
Public Works
F:\home\aUomey\libover.lay
2
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to
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
contributions, on all mailers which will require discretionary action on the part of the City Council, Planning Commission, and
III other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, plicant, cOfltractor. subcontractor, material supplier.
tJ
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning
more than 10% ;tl ~Aration or owning any partnership interest in the partnership.
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving
as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
(V/~
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ NoL If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you
have assigned to represent you before the City in this matler.
r v/t'J
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in "the
current or preceding election period? Y es_ No~ If yes, state which Council member(s):
* * * (NOTE:
Attach additional pages as n~) * * *
. )( t>:::: ! 0tL~
Signature of contractor/applicant
Date:
Print or type name of contractor/applicant
... WM;s defined as: -Any individual,jirm, co-porfMrship,joinr vmtun, asoe/arion. locial club, fraternal organiUJlion, corporation. esUlIe, 1n1S1, receiver,
syndicate, lhis IJJ1d any ow.r county, city and country, city municipality, district, or odaer poUtical subdivision, or tiny olher group or combination acting as a
~. n-?
,h!" ii 1-13- J Z b
June 23, 1993
TO:
Shale Hanson, civil Engineer
FROM:
David Harris, community Development Specialist CH1
SUBJECT: Library Parking Lot Reconstruction Project
I have reviewed the minority and women business enterprise (M/WBE)
participation of the low bidder, Superior Ready Mix, and have
determined that they have met the city's M/WBE goals of 15% MBE
participation and 1% WBE participation. If for any reason Superior
Ready Mix finds it necessary to substitute their supplier of
pavement reinforcing fabric, then the city should require that the
substitute must also be a certified MBE (as the listed supplier
makes up the entire 15% MBE). In addition, superior Ready Mix and
their listed subcontractors and supplier are all eligible to work
on federally-funded projects.
cc: Chris Salomone, Community Development Director
Cliff Swanson, City Engineer
/I-~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / e2...
Meeting Date 7/13/93
Resolution ) 7)" I Accepting bids and awarding contract for the
construction of Orange Avenue and Fourth Avenue Street Improvements in the City
of Chula Vista, CA (ST-151)
SUBMITIED BY:
Director of Public Works
(gli- ')lP
leI
~
REVIEWED BY:
City Manager
(4/5ths Vote: Yes_No.1iJ
At 2:00 p.rn. on June 23,1993, the Director of Public Works received sealed bids for the "Orange Avenue
and Fourth Avenue Street Improvements" in the City of Chula Vista, CA (ST-151). The work to be done
consists of the construction of curb, gutter and sidewalk, pavement widening, decorated and landscaped
medians and traffic safety improvements.
RECOMMENDATION: That Council accept bids and award contract to Granite Construction Company
in the amount of $333,968.00.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission reviewed and approved
the proposed improvements on February 26, 1993. Subsequently, on March 24, 1993, the Library Board
of Directors also approved these improvements.
DISCUSSION:
Historical Background
The construction of street improvements for Orange Avenue and Fourth Avenue along the frontage of the
South Chula Vista library was originally budgeted in 1992-1993 with design funding and additional
construction funding being added in the FY 1993-94 CIP budget (ST-151).
On April 13, 1993, by Resolution No. 17075, the City Council approved the design concept for the subject
improvements and on May 11, 1993, by Resolution No. 17109, the City Council approved the
establishment of conversion dates from overhead utilities to underground utilities in conjunction with the
subj ect proj ecl.
Descriotion of Work
The subject project includes the construction of curb, gutter and sidewalk, pavement widening, decorated
and landscaped medians and traffic safety improvements.
Bid Results
The project was advertised between May 22 and June 23, 1993. On the bid opening date, bids were
received from five contractors as follows in order of the lowest bid first.
I~./
Page 2, Item I,)
Meeting Date 7/13/93
CONTRACTOR BID AMOUNT
l. Granite Construction Co., San Diego $333,968.00
2. Superior Ready Mix Concrete, San Diego $341,526.64
3. L.R Hubbard Construction Co., Inc., San Diego $353,404.35
4. 8im J. Harris Company, San Diego $418,594.60
5. ABC Construction Co. $419,609.00
The low.bid received from Granite Construction Company is below the engineer's estimate of$335,058.50
by $1,090.50, or 0.3%. We have reviewed the low bid and recommend awarding the contract to Granite
Construction Company. Granite Construction Company is an excellent contractor, they completed the
improvement of Main Street from 1-5 to Industrial Boulevard on time and budget and their work was
excellent.
Attached is a copy of the contractor's Disclosure Statement.
General Prevailing Wages
This project is funded with TransNet funds for construction. Gas Tax funds were used for the design of
the project. Prevailing wage scales as those determined by the Director of Industrial Relations, State of
California, were determined to be applicable to the work to be done. No special minority or women
owned business requirements were necessary or part of the bid documents. This project was advertised
prior to the recent Council action adopting an outreach policy for DBE advertising and no special
emphasis was placed on that outreach. However, future projects will be advertised with this policy in
mind.
FUNDS REQUIRED FOR CONSTRUCTION
l. Contract Am01lllt $333,968.00
2. Inspection staff (10%) 33,396.80
3. Contingencies (approx. 8%) 25,635.20
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $393,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
l. TransNet, ST-151 $393,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $393,000.00
Environmental Status
A Negative Declaration pursuant to CEQA requirements for this project was prepared in 1989. This
document was for the purchase of the property at Orange and Fourth Avenues and development of the site
as a library, including the improvement of Orange and Fourth Avenues. Subsequently, an addendum to
the Negative Declaration for utilization of the site as a library under Case No. IS-89-79A was filed with
the County Clerk's office. The Negative Declaration and the addendum concluded no significant
environmental impact.
/1....;..
Page 3, Item I)..
Meeting Date 7/13/93
FISCAL IMPACT: This action would authorize the expenditure of $393,000 of previously appropriated
funds. After construction, only routine City maintenance amounting mainly to street sweeping will be
required.
SA:AX125-D
WPC F:\home\engineer\agenda\fourimp.con
1,),-;) //1--+
RESOLUTION NO.
/,)/~I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF ORANGE AVENUE
AND FOURTH AVENUE STREET IMPROVEMENTS IN THE
CITY OF CHULA VISTA (ST-151)
WHEREAS, at 2:00 p.m. on June 23, 1993, the Director of
Public Works received sealed bids for the "Orange Avenue and Fourth
Avenue street Improvements" in the City of Chula Vista, CA (ST-
151); and
WHEREAS, the Safety Commission reviewed and approved the
proposed improvements on February 26, 1993 and on March 24, 1993,
the Library Board of Directors also approved these improvements;
and
WHEREAS, bids were received from five contractors as
follows:
CONTRACTOR BID AMOUNT
1- Granite Construction Co., San Dieoo $333,968.00
2. Superior Ready Mix Concrete, San Diego $341,526.64
3. L.R. Hubbard Construction Co., Inc. , San $353,404.35
Diego
4. Sim J. Harris Comoany, San Dieao $418,594.60
5. ABC Construction Co. $419,609.00
WHEREAS, the low bid received from Granite construction
company is below the engineer's estimate of $335,058.50 by
$1,090.50, or 0.3% and staff has reviewed the low bid and
recommends awarding the contract to Granite construction company;
and
WHEREAS, this project will be funded by the Gas Tax and
TransNet funds and prevailing wage scales as those determined by
the Director of Industrial Relations, State of California, were
determined to be applicable to the work to be done with no special
minority or women owned business requirements being necessary or
part of the bid documents; and
WHEREAS, a Negative Declaration pursuant to CEQA
requirements for this project was prepared in 1989 which document
was for the purchase of the property at Orange and Fourth Avenues
1
/,2 ---.5
and development of the site as a library, including the improvement
of orange and Fourth Avenues; and
WHEREAS, subsequently, an addendum to the Negative
Declaration for utilization of the site as a library under Case No.
IS-89-79A was filed with the county Clerk's'office and the Negative
Declaration and the addendum concluded no significant environmental
impact.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept said five bids and
awards the contract for the construction of Orange Avenue and
Fourth Avenue street improvements in the City of Chula vista to
Granite Construction Company in the amount of $333,968.00, who has
assured the city that they can produce an acceptable performance
bond.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the city of Chula vista.
John P. Lippitt, Director of
Public Works
Presented by
F:\home\attomey\fourimp.cOll
2
),). -I,
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of alt persons having a financial interest in the property which is the subject of the application or the
contract, e.g.. owner, applicant, contractor, subcontractor, material supplier.
Granite Construction Company
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning
more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
Granite Construction Incorporated
3. If any person' identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving
as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ NoJL. If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you
have assigned to represent you before the City in this matter.
Kurt Kniffin, Asst. Branch Manager
Jack Shewmaker, Asst, Branch Mnager
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the
current or preceding election period? Yes_ N02 If yes, state which Council member(s):
. , '(NOTE: Attach additional pages
Dme: June 16,1993
Signature of contractor/applicant
R.C. Allbritton, Vice President
Print or type name of contractor/applicant
* fHlQ!! is defined as: ~Any individual, firm. co-partnership, joint \Jenture, association. social club, fraternal organization. corporation, estate, trust, receivu,
syndicate. this and any other county, city and country, city municipality, district, or other political subdivision, or any other group or combination acting as a
-' /~~7
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item 13
Meeting Date 7/13/93
Resolution I? I ".2.. Approving agreement between the San Diego Transit
Corporation (SDTC) and City of Chula Vista for unified telephone information
system
Director of Public Works ~
, "
City Manager &~ )1.., (4/5ths Vote: Yes_No X)
::s.'
ITEM TITLE:
SUBMITIED BY:
On July 19, 1980, the South Coast Organization Operating Transit (SCOOT) entered into an agreement with
San Diego Transit Corporation (SDTC) for regional transit information service. This service provides Chula
Vista Transit (CVT) riders with information on CVT schedules and routes, and on other fixed route transit
systems in San Diego County including San Diego Transit and the Trolley. Since SCOOT was dissolved
on July 1, 1993, the agreement for this service this fiscal year will be between the City of Chula Vista and
SDTC. This agreement continues CVT participation in the regional service for FY 1993-94 at a cost of
$22,766, a 7.6% increase over the FY 1992-93 cost of $21,146.
RECOMMENDATION: That the City Council adopt resolution approving agreement between San Diego
Transit Corporation and City of Chula Vista for unified telephone information system.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The following transit operators participate in the regional telephone information system operated by SDTC:
San Diego Trolley, North County Transit District, SDTC, County Transit Suburban, CVT, and National
City Transit. Chula Vistans receive transit information on all systems operating in the County. The service
is available 7 days a week between the hours of approximately 5:30 a.m. and 11:00 p.m.
Under the FY 1993-94 agreement, SDTC estimates that the City's share of systemwide 1,853,663 calls will
be 45,275, or 2.44%, about the same as the current year. The average cost per call is about $0.50 ($22,766
+ 45,275 calls). The total estimated SDTC information system cost for next fiscal year is $933,051, a 7.6%
increase compared with the current fiscal year cost of $866,644. According to SDTC, this cost increase is
due partially to capital investment in the new computerized telephone information and trip planning system
that was installed this fiscal year. This updated component to the system has resulted in a 20 % increase in
the number of calls processed by the regional information system.
FISCAL IMPACT: The City's prorated share of the FY 1993-94 total regional telephone information
system cost is estimated at $22,766 (2.44% x 933,051). The cost of this service is included in the FY 1993-
94 Transit Division budget account 402-4020-5211 (Advertising), which is funded by Transportation
Development Act (TDA) Article 4.0 funds.
WMG:DS-035
WPC F:\HOME\ENGINEER\BIlLG\sdtcphon.agm
13'/
RESOLUTION NO.
/ 7/~.2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
SAN DIEGO TRANSIT CORPORATION (SDTC) AND THE
CITY OF CHULA VISTA FOR UNIFIED TELEPHONE
INFORMATION SYSTEM, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
WHEREAS, on July 19, 1980, the South Coast organization
operating Transit (SCOOT) entered into an agreement with San Diego
Transit Corporation (SDTC) for regional transit information
service; and
WHEREAS, this service provides Chula vista Transit (CVT)
riders with information on CVT schedules and routes, and on other
fixed route transit systems in San Diego county including San Diego
Transit and the Trolley; and
WHEREAS, since SCOOT will be dissolved on July 1, 1993,
the city, who is contracting directly with another provider to
continue the bus services, desires the continuation of this phone
service next fiscal year; and
WHEREAS, this agreement continues CVT participation in
the regional telephone information service for FY 1993-94 at a cost
of $22,766, a 7.6% increase over the FY 1992-93 cost of $21,146.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of Chula vista does hereby approve an Agreement between
the San Diego Transit corporation (SDTC) and the city of Chula
vista for Unified Telephone Information System, a copy of which is
on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula 'sta.
John Lippitt, Director of
Public Works
i
Presented by
F:\home\attomey\TelInfo.SDT
J 3'.2./ /3-3
San Diego Transit ~
An Operator In the Metropolitan Transit System ~
100 16th Street
P.O. Box 2511
San Diego, CA 92112
(619) 238-0100
FAX (619) 696-8159
June 17, 1993
Mr. Bill Gustafson
City of Chula Vista
707 F Street
Chula Vista, California 91910
Dear Bill:
Enclosed are two copies of the Telephone Information
Agreement for Fiscal Year 1994 with the changes and
additions you requested. When this agreement has been
fully executed, please return one copy for our file.
If you have any questions regarding this agreement, feel
free to contact me.
Sincerely,
C~lfer
Controller
CT/dd
Enclosures (2)
/ :J -:3
AGREEMENT BETWEEN THE SAN DIEGO TRANSIT CORPORATION
AND
CITY OF CHULA VISTA
FOR
UNIFIED TELEPHONE INFORMATION SYSTEM
THIS AGREEMENT is made between the SAN DIEGO TRANSIT
CORPORATION, hereinafter called "SDTC", and the CITY OF CHULA
VISTA, hereinafter called "City".
RECITALS
WHEREAS, City operates Chula Vista Tran-
sit (CVT), a fixed-route bus system; and
WHEREAS, SDTC has jointly in the past
maintained a Transportation Information System
providing information to telephone callers
about CVT operations and relating to fare,
route and other operational information; and
WHEREAS, such a relationship has
benefited both SDTC and City in terms of
effectiveness and efficiency; and
WHEREAS, SDTC and City desire to continue
this relationship.
NOW, THEREFORE, in consideration of the
recitals and the mutual obligation of the
parties set forth herein, SDTC and City agree
as follows:
SECTION 1. JOINT USE OF SDTC SYSTEM
A. SDTC agrees to continue using its telephone information
system (TIS) to disseminate rider information by telephone
relating to CVT routes, trip times, fares, and other
operational information which is currently disseminated by
the joint TIS, and any other type information which the
parties hereto may in the future mutually agree as being
appropriate for dissemination through the joint TIS.
B. SDCT agrees to purchase or lease any additional equipment
or telephone services necessary for an expansion of the
TIS, and agrees to hire and be solely responsible for any
additional employees necessitated by the expansion.
C. All necessary steps shall be taken by SDTC so that during
the term of this agreement and any extensions thereof City
residents will have accurate and fast telephone information
system providing operational information relating to public
transportation in the San Dieg~jegion.
1:]-7
Agreement Between the San Oiego Transit Corp.
and City of Chula Vista
Page 2
O. Whenever the City amends its fare schedule, or changes
routes, trip times or other aspects of operations, SOTC
agrees to update the TIS so that the changed operational
information is disseminated to telephone callers within
five (5) days after SOTC is notified of such changes by the
City.
SECTION 2. OBLIGATIONS OF CITY
City agrees to pay to SOTC the sum of twenty-two thousand,
seven hundred sixty-six dollars ($22,766) in return for the use
of its Telephone Information System (TIS) to disseminate rider
information by telephone during FY94. The calculation of the
$22,766 is shown on the Exhibit A attached to this agreement.
This calculation is based upon the number of calls received for
each agency from July 1989 to February 1992. This will be the
base percentage through FY95.
Payment for this sum shall be made on a monthly basis no later
than ten (10) days after receipt of invoice from SDTC. Payment
for each month shall be the amount of one thousand, eight
hundred ninety-seven dollars and seventeen cents ($1,897.17).
SECTION 3. INDEMNIFICATION
A. City agrees to indemnify and save free and harmless SOTC
and its authorized agents, officers and employees against
acts or omissions caused by City, its agents or employees,
and any cost and expenses incurred on account of any claim
therefore, and SOTC agrees to indemnify and save free and
harmless the City and its authorized representatives,
officers and employees against acts or omissions caused by
SOTC, its agents or employees, and any costs or expenses
incurred on account of any claim therefore.
B. City, its agents, officers and employees, shall not be held
liable for any claims, liabilities, penalties, fines or for
damage to any goods, properties or effects of any person
whatsoever, nor for personal injuries to or death of them,
or any of them, caused by or resulting from any negligent
acts or omissions of SOTC, or its agents, employees or
representatives, not including liability by reason of acts
of omissions caused by the City, its agents, or employees;
and SOTC, its agents, officers and employees, shall not be
held liable for any claims, liabilities, penalties, fines
or for damage to any goods, properties, or effects of any
person whatsoever, nor for personal injuries to or death of
them, or any of them, caused by or resulting from any
negligent acts or omissions of City, or its agents,
employees or representatives, not including liability by
reason of acts or omissions caused by SOTC, its agents or
employees.
/3~
Agreement Between the San Diego Transit Corp.
and City of Chula Vista
Page 3
SECTION 4. CONFLICT OF INTEREST
A.
No officer, employee or agent of
hereto have, nor shall they have,
interest, direct or indirect in this
either of the parties
any personal financial
agreement.
B. Interest of City and Emplovees. City covenants that City,
its officers or employees presently have no interest and
shall not acquire any interest, direct or indirect, in
property, either real or personal, which would conflict in
any manner or degree with the performance of the
obligations hereunder. SDTC covenants that SDTC, its
officers or employees presently have no interest and shall
not acquire any interest, direct or indirect, in any manner
or degree with the performance of the obligations
hereunder.
SECTION 5. AUDIT
At any time during normal business hours and as reasonably
necessary, SDTC shall make available to City for examination
all of its records with respect to all matters covered by this
agreement and will permit City to audit, examine and make
excerpts or transcripts of such records, and to perform audit
procedures as deemed necessary with respect to all invoices,
payrolls, equipment, materials and other data relating to
matters covered by this agreement.
SECTION 6. INDEPENDENT CONTRACTOR
SDTC is, for all purposes arising out of this agreement, an
independent contractor, and no employee of SDTC is, for any.
purpose arising out of this agreement, an employee of City.
SECTION 7. TERM OF AGREEMENT AND TERMINATION
A. This agreement shall become effective at 12:01 a.m. on
July 1, 1993 and shall expire at 12:00 midnight on June 30,
1994, unless previously terminated as provided herein, or
unless extended by written agreement prior to such
expiration data.
B. Either party may terminate this Agreement upon ninety (90)
days written notice. Either party may terminate this
Agreement upon thirty (30) days written notice if the other
party fails to meet or fulfill its obligation or violates
any of the covenants or agreement set forth in this
Agreement. In the event of termination, payment will be
prorated for the period of time SDTC actually provided the
service.
13"'''
Agreement Between the San Diego Transit Corp.
and City of Chula Vista
Page 4
SECTION 8. AMENDMENTS TO AGREEMENT
This Agreement may be amended at any time by mutual written
agreement of the parties hereto.
SECTION 9. NONASSIGNABILITY
SDTC shall not assign any interest in this Agreement and shall
not transfer any interest in the same (whether by assignment or
novation), without prior written consent of the City thereto.
SECTION 10. WHEN RIGHTS AND REMEDIES NOT WAIVED
In no event shall any payment by City hereunder constitute or
be construed to be a waiver by City of any breach of conditions
or any default which may then exist, or while any such breach
or default shall exist, in no way impair or prejudice any right
or remedy available to City with respect to such breach or
default.
SECTION 11. SEVERABILITY OF PROVISIONS
Both the City and SDTC shall be in compliance with all Equal
Opportunity and Affirmative action laws in connection with the
performance of this agreement.
IN WITNESS WHEREOF, this agreement is executed by SDTC and the
City, pursuant to authorizing resolutions.
SAN DIEGO TRANSIT CORPORATION
CITY OF CHULA VISTA
BY
~,
Roger S ble
PRESIDENT & GENERAL MANAGER
BY
MAYOR
DATE
(,-/'53
DATE
ATTEST:
J J"?
FORMY
EXHIBIT A
SAN DIEGO TRANSIT CORPORATION
FISCAL YEAR 1994 TELEPHONE CONTRACTS
PROPOSED
FY94 FY94 FY93 FY93
CALLS % COST % COST
CHULA VISTA 45,275 2.44% $ 22,766 2.44% $ 21,146
COUNTY 103,897 5.60% 52,251 5.60% 48,532
MTDB Service
Route 932 15,721 .85% 7,931 .85% 7,366
Routes 933-34 10,905 .59% 5,505 .59% 5,113
and Various
Night Service
STRAND 24,531 1. 32% 12,316 1.32% 11,440
NATIONAL CITY 26,887 1. 45% 13,529 1. 45% 12,566
NORTH COUNTY 315,769 17.03% 158,899 17.03% 147,590
SDTC 1,142,952 61.67% 575,413 61.67% 534,460
TROLLEY 167 , 726 9.05% 84,441 9.05% 78,431
TOTAL 1,853,663 100.00% $933,051 100.00% $866,644
--------- ------- -------- ------- --------
--------- ------- -------- ------- --------
J3'F"
COUNCIL AGENDA STATEMENT
Item
1'1
Meeting Date
7/13/93
SUBMITTED BY:
Report proposed debt settlement between
Ogden Environmental and Energy Services and Baldwin
vista Associates regarding the otay Ranch
Deputy city M~er Krempl Gll
city Manager27 (4/5ths Vote: Yes___ NO-X->
ITEM TITLE:
REVIEWED BY:
Ogden Environmental and Energy Services ("ogden") has been retained
as the chief preparer of and responder to comments for the Otay
Ranch ErR. odgen's participation is critical in the otay Ranch
entitlement approval process that is now occuring before the
Council and the Board. However, Baldwin has fallen behind in
payments for services due to Ogden, and Ogden has refused to
continue to provide its consultation services without, at a
minimum, security that it will get paid.Y Negotiations have been
ongoing over the last 30 days to arrive at an acceptable payment
schedule to eliminate the debt and security therefore. A tentative
agreement of business terms has been reached just prior to the
deadline for printing this agenda, and time has not permitted the
articulation and execution of a full written agreement to accompany
this report. Yet, the matter is critical to resolve so as not to
delay the otay Ranch Project approval process now scheduled with
public hearings. Therefore, the purpose of this report is to
request council to delegate the authority to the City Manager to
execute an agreement that is consistent with the business terms
outlined in this report.
RECOMMENDATION:
That Council authorize the city Manager to negotiate and
execute an agreement with Baldwin vista and Ogden Environmental
consistent with the business terms outlined in this report, and to
provide Council a copy of same as an informational item when
executed.
BOARD/COMMISSION RECOMMENDATION:
None applicable.
1. Staff views this as a reasonable position.
11/-/
Item
Meeting Date 7/13/93
Page 2
)'1
BACKGROUND:
Ogden Environmental is under contract to the city, with the
City's liability limited to the otay Ranch Trust Fund (funded by
Baldwin) to prepare the Environmental Impact Report for the otay
Ranch. In fact, the final draft EIR waS prepared in December 1992
and is pending before the city council and County Board of
Supervisors.
As part of the process, ogden had voluntarily agreed to defer
submitting billings for some of their services with the idea that
they would be brought fully up to date before final project action
by the council and Board of Supervisors.
Their current contract calls for them to receive $50,000 on
the first and fifteenth of each month until paid up. Baldwin has
been missing payments or only making partial payments over the past
few months. As of July 1, 1993, Ogden is owed about $370,000.
They did receive two $25,000 payments in the month of June. It is
estimated, however, that by the time the project is approved by the
policy makers, they will be owed a total of $400,000 to $500,000
including interest.
DISCUSSION:
As mentioned, Ogden, Baldwin and the City have been in
discussions on the debt payments and have reached a tentative
agreement at the staff level just prior to the Agenda printing
deadline. The business terms of the agreement calls for the
following:
1. Baldwin shall deposit for the payment of Ogden, and City will
pay from that deposit, all principal and interest due and
payable on or before the earliest of the following occurrence:
a. The date upon which the city and county vote to grant or
deny final approval of the otay Ranch Project;
b. The date which is five business days after the date upon
which Baldwin receives certain funding it is pursuing
from outside sources; or
c. August 16, 1993.
2. The obligation to make the payment continues to be limited to
the assets of the otay Ranch Trust Fund. However, the Trust
Fund will be supplemented by additional security in the form
of a note secured by a Trust Deed in the total amount of the
)'I-~
Item
Meeting Date 7/13/93
Page 3
Ii
expected unpaid bills, and a performance Trust Deed issued to
the City of Chula vista against approximately 401 acres of
certain real property on the otay Ranch Property located south
of Telegraph Canyon Road shown in the attached Exhibit A~If
payment is not made per No. I above, then the city would
foreclose on the property in order to make sure Ogden is paid
in full.
This agreement calls for Baldwin to make full payment of all
amounts due with interest within 5 weeks (August 16, 1993) at the
latest. This is fully the expectation, if not sooner, on
everyone's part. If Baldwin fails to perform this or any other
obligation of the Trust Fund, as stated, the City can foreclose on
certain Baldwin assets on the Ranch to make payment.
One of staff's potential concerns was the situation of having
property within the otay Ranch as security and the perception that
Ogden's testimony and facts could be biased somehow on the project.
Staff and the city Attorney have arrived at mitigation stipulations
to remove that doubt and assure an objective process.
First, ogden would be totally removed from the foreclosure
process and not have any ability to benefit beyond the debt owed
them. This is because the city would be the party foreclosing on
the debt and paying Ogden. (This is similar to the arrangement the
city already has in a contract with another consultant, RBF.)
Second, there would be a large loan to value ratio, not greater
than 55%, insuring a much greater property equity than the amount
of the debt. Third, and perhaps most important, the appraised
value of the security would be based solely on existing General
Plan Designations and Zoning and not on any additional land use
entitlements being given by the Council and Board as a part of the
otay Ranch deliberations. This eliminates the argument that there
would be any motive to increase density on the property through the
hearing process.
A final point is that the city would go against assets in the
Trust Account first, then assets represented by the security
Baldwin has provided previously (3 model houses in North county)
and then, and only then, the Ranch property security.
As mentioned, the security is only a fall back if payment is
not made by August 16, 1993. Baldwin fully anticipates that
payment will be made. The city's general fund is not at risk for
making any payments, only the Baldwin Company and the assets in the
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Item
Meeting Date 7/13/93
Page 4
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otay Ranch Trust Fund, and the security provided would be available
to pay Ogden's debt.
EIR Consultation Agreements have been authorized in the
Purchasing Procedures Manual to be approved administratively by the
city Manager. However, because this is in the nature of a
settlement agreement, and not in the nature of the original
consulation agreement, staff is requesting authorization to
articulate and execute a three party agreement between the City,
Baldwin vista and Ogden Environmental and Energy Services which
incorporates these business terms of settlement.
FISCAL IMPACT:
None to the City except city Attorney and staff time to
prepare the agreement and implementing documents. All payments
will be made to ogden from the trust account monies which Baldwin
has deposited with the City.
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COUNCIL AGENDA STATEMENT
Item
15
Meeting Date
7/13/93
ITEM TITLE:
Report Providing an update on status of
implementation and impacts of AB 408
(Decriminalization of Parking citations)
This item has been pulled and is provided separately as an
information item.
;5;/
COUNCIL AGENOA STATEMENT
ITEM TITLE:
Item 16
Meeting Oate 07/13/93
Public Hearing - Amending the 1993-94 Budget to Account for
Revenue Reduct ions from the State of Ca 1 iforni a 1E..S"t'. ) 7 J 1,..3
City Manage~ 4/5ths Vote: Yes-X- No___>
On June 15, 1993, the City Council adopted the 1993-94 operating budget with the
understanding that the budget would be revisited after the State adopted its
budget and the impact of the State revenue cuts on the City were known. At the
same time, a hiring freeze was imposed, except for certain public safety
pos it ions. At that meet i ng, the Counc i 1 reaff i rmed the three goa 1 s of (1) no
service level reductions, (2) avoid layoffs, and (3) no additional use of General
Fund reserves.
SUBMITTED BY:
Based on the final adopted version of the State Budget, our anticipated net loss
of revenue is $540,000. This amount is based on a reduction in "AB 8" property
tax funds of $1,267,000. In order to offset this hit, local governments will
receive additional one-time funding of $396,000 which will be made available from
$130 million in State Transit Planning and Development Funds transferred to the
Department of Motor Vehicles' Vehicle License Fees account, and $331,000 which
will be the City's portion of the continuation of the half cent sales tax. At
this stage we are anticipating that the half cent sales tax will be approved by
voters in November. Should this not be the case, we will return to you at that
time if our revenues will not be sufficient to cover expenditures.
RECOMMENDATION:
Adopt the revised budget and eliminate the hiring freeze.
BOARDS/COMMISSIONS
RECOMMENDATION: N.A.
BACKGROUND:
The City Manager and the Budget Manager have worked closely with all Department
Heads to prepare several alternative cost reduction strategies depending on the
possible revenue reductions being discussed by the State Legislature and the
Governor.
The process of developing these cuts continues to be very collaborative. Initial
cut lists of 2%, 5% and 10% were prepared by each department as part of their
1993-94 budget preparation process. These cuts were discussed in detail during
the budget review process and, in some cases, portions of the cuts were included
in the adopted 1993-94 budget in order to balance with our available revenues.
As we have received more information on the State Budget process, we have
continued to work with departments to refine the proposed cut lists. Once the
final cut of $540,000 was known, meetings were held with all affected department
heads to once again review the proposed lists, discuss operational impacts and
agree on the most feasible cuts for each department. In addition, I have been
conducting a series of meetings at various locations throughout the Civic Center
in an attempt to reach as many employees as possible to discuss the implications
of the State's actions on our budget.
1
IJ; , I
Item 16
Meeting Date 07/13/93
Also, at the time the budget was adopted on June 15, Council took action to
approve in concept the Mayor's recommendations with a report back from staff on
these recommendations, as well as any recommendations staff may have. The maker
of the motion clarified at the meeting that she wanted the staff, according to
the minutes, "...to look at the recommended cuts and respond to them, but also
have staff provide any additional information. If staff disagreed with those
cuts, that was fine, but she wanted those recommendat ions as we 11." Th i s report
attempts to meet this Council direction.
The collaborative review process of the budget was an effort to look at tpe big
picture and see where reductions could occur without having a negative impact on
service levels to the public, causing layoffs or reducing the City's Genera~ Fund
reserves. After comp 1 et i ng that rev i ew process, the amount recommended for
reduction compared to what was proposed by the Mayor is larger than was
originally proposed in two cases, and less in two cases. The point, as the Mayor
had correctly anticipated when he made his proposals, was that the size of the
overall budget cuts by the State, which were unknown when he made his proposals,
could mean that the City must look at cuts broadly throughout the organization.
Specifically, the Mayor's proposals and what is recommended to be modified in
this budget, are contained in the following chart.
Department/Function
Mavor's Proposal
Manaqer's Recommendation
Administration
Mgmt. Info. Servo
Planning
Public Works (Eng.)
$ 60,000
50,000
50,000
50,000
$ 61,052
46,231
8,830
59,076
In Management and Information Services, there was already $57,000 taken out of
th i s budget in the 1993-94 budget wh i ch has a 1 ready been adopted. With the
additional amount that is recommended to be reduced, this department takes by far
the largest hit of any department, i.e., an 11% reduction in its overall budget.
This can be accomplished, I believe, without negatively impacting general
operations of the City. Also, this does not mean this department was "fat" but
basically, as described in the detail below, is a matter of deferring certain
costs until later, and also in terms of the already adopted budget, backfilling
a fu ll-t ime Systems and Procedures Manager wi th part-t ime hours in order to
provide needed functions in the City.
In the case of the Planning Department, it was difficult to find reductions in
expenses that did not negat i ve ly impact either the revenue flow and/or the
workload of the department. Also, as you know, as a back-up to funding the Youth
Action Program, the percentage of work that is fee supported was increased in
order to fund that program as a back-up to my efforts to obtain private sector
support for the Youth Action program. That effort is still not yet resolved, but
obviously the percentage for fee supported projects could be increased even more
if there is a desire to reach a certain guideline. But the overall point is that
the workload at the department is still very strong, since there are a number of
2 I ~ --~
Item 16
Meeting Date 07/13/93
projects be i ng eva 1 uated with i n that department and given the fact that
developers, even though we are in a recession, are attempting to get development
approvals so they will be poised to develop their property once the recession is
over.
RECOMMENDED GENERAL FUND BUDGET REDUCTIONS
Included in Chart 1 on the following page are the recommended expenditure
reductions for the City's General Fund. This chart contains in the first column
the department or function, followed by the approved 1993-94 budget for that
department or function. The next column is the base budget, which has General
Fund impacts, from which the proposed reductions would come. For example, in
Public Works (Engineering), there is an overall budget of $5,285,130, but only
$1,164,522 requires General Fund support. So, the reduction from that budget is
based on the lower amount. The remainder of that budget is supported by fees and
other revenues so that a reduction in expenditures would at best only mean a
corresponding reduction in revenue. At worst it would actually mean a reduction
of revenue to the General Fund, especially for those revenues based on a full-
cost recovery factor.
PERSONNEL CHANGES
The personnel changes reflected in these cuts include freezing a Plan Checker and
Building Inspector position in Building and Housing for six months, freezing one
Tree Trimmer in Public Works, freezing a half-time Intern in Engineering,
deferring for six months the hiring of a secretary in Administration and an
Administrative Office Assistant in Public Works Operations, delaying hiring an
Engineering Aide until April 1, 1994 and an Engineering Tech in Engineering until
January 1994, deleting a .25 clerical position in the Library, and transferring
a .2 FTE Sr. Management Assistant in Administration and a .2 Administrative
Analyst II in Management and Information Services to Community Development. In
addition, it is proposed that the .7 FTE Environmental Program Manager in
Community Development be made a full-time position. This position was at a .7
FTE to accommodate the incumbent in this job, who is now moving out of the area.
It is felt that to obtain someone of a comparable quality to fill this position,
it will need to be a full-time position.
DEPARTMENTAL CUTS
Presented below are the more detailed descriptions of the proposed expenditure
reductions. It should be pointed out that in some cases, instead of an
expenditure cut, there is a revenue figure included as well. Since it has the
same positive effect in counteracting the loss of $540,000 in revenue from the
State, both expenditure reductions and new revenues are included in the
description of each department's efforts to balance the revenue loss from the
State.
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Item 16
Meeting Date 07/13/93
Administration
The major expenditure reductions/revenues in this function are as follows:
Shift of Senior Management Assistant one day a week from Administration to
Community Development. Instead of shifting this expenditure over to
Community Development, this assistance to Community Development is treated
as net revenue from the Redevelopment Agency. Tpis is more beneficial and
has a more positive impact on the General Fund. This means $18,019 from
Redevelopment to the General Fund.
Currently the third clerical position in Administration is vacant, and it
is proposed that this position be filled with part-time hours for at least
six months, and the position being permanently filled January 1. It is
expected that this would save $15,000 this year.
Anticipated salary savings for Voluntary Time Off (VTO), including one of
the Principal Management Assistants taking voluntary time off without pay
is expected to save the department $15,738.
Both water districts have expressed interest in having articles on water
conservation and other water issues included in the Chula Vista Quarterly.
At a minimum, it appears that the City would receive at least $6,000 in
revenue for the newsletter, which expense is included in the
Administration accounts.
The remainder of the cuts in this department come from miscellaneous
reductions in travel, publications, membership and equipment maintenance.
Buildinq and Housinq
It is proposed in Building and Housing, because of the slowdown in construction,
that one Building Inspector and one Plan Checker be frozen for six months, at a
savings of $52,000.
Community Development
It is proposed that $5,093 in miscellaneous cuts be taken from printing and
binding, postage, memberships, telephone, office supplies, books and overtime
accounts.
The main issue presented by the Community Development Department is how to handle
lThe concept of this shift was already approved by the City Council, but had
not yet been ref 1 ected in the City budget, so it is be i ng placed in the
Administration account at this time.
4 /"..5"
.
Item 16
Meeting Date 07/13/93
the cutbacks of revenue from the State for the Redevelopment Agency, which will
be another $230,000 in addition to the $540,000 that will be lost by the General
Fund. Currently, the staff is looking at various options which could be utilized
to basically "pay back" this money next Spring. Possible sources of this funding
wou 1 d be the pay back s from commerc i all oans to the City, the property tax
recovery the Agency expects to receive as a result of the Katz Hollis study, or
possibly from the Otay Valley Road Widening Assessment District. These options
are going to be analyzed in a more complete report presented to the City Council
sitting as the Redevelopment Agency.
Finance
A fairly small reduction is proposed in Finance of $8,390. This is anticipated
from known savings from the VTO policy ($5,250), plus miscellaneous reductions
in hourly wages, overtime, and travel.
Fire
The Acting Fire Chief supports the reduction in the fire budget of $38,890. One
part of the cut is $9,740 for professional services. This entails renegotiating
the physical fitness contract for the Fire Department. Last year this service
cost $19,000, but the Acting Chief feels that basically the same service can be
achieved for a flat rate of $10,000. This is because many of these types of
businesses are facing a loss of customers in a very competitive business climate
and are willing to considerably reduce their rates.
It is proposed that the overtime account be reduced by $8,000. It is anticipated
that this will only affect some employee meetings requiring overtime, which will
be more of an issue of committee size and the frequency of meetings.
Other than that, all the other cuts come from a variety of miscellaneous
accounts, i nc 1 ud i ng trave 1, book s, other commod i ties, other contractua 1 serv ices,
wearing apparel and printing. The other commodities account reduction ($2,500)
reflects the fact that the department bought hose for Station No. 6 in 1992-93
and not as much hose will be required for 1993-94. However, this account would
need an increase in 1994-95 so that ongoing purchase of replacement hose wi 11 not
be hampered. In any case, the Acting Chief feels that more scrutiny on spending
and doing a better job of tracking accounts will enable him to better manage the
budget to stay within these budget constraints.
Librarv
In a series of comprehensive meetings involving Library staff, budget reductions
of up to $130,000 were identified. One cost saving measure would reduce the
number of overdue notices from two to one (which is not recommended), and the
combination of Children's and Adult circulation desks. Whi le this latter
5/I,.,t,
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I tern 16
Meeting Date 07/13/93
proposa 1 may have some mer it, it is dec i ded in th i s budget proposa 1 to defer
consideration of that idea until further evaluation of this concept can be made.
In any case, the amount of cuts in the Library budget has been decreased to a
proposed reduct ion of $25,820. The ch i ef elements of th i s reduct ion i nc 1 ude
eliminating a .25 clerical position in Library Administration (this is over and
above the current full-time positions) in that office. This position has been
vacant since last Fall and in the view of the Acting Director, the department can
live without this position and that it will not impact service levels.
The other major reduction is $13,900 in the acquisition of circulating books.
The loss of books that would occur as a result of this account reduction will be
more than offset by the additional books which are being acquired for the
EastLake branch library, which of course will be part of the overall book
collection of the City.
A 11 the other reduct ions are bas i ca lly sma 11 mi see 11 aneous reduct ions in a number
of Library accounts, which the Acting Director feels the Library can absorb
without negatively impacting service levels to Library patrons.
Manaqement and Information Services
It is proposed that this budget be reduced by another $46,231. As was pointed
out earlier, the initial budget proposal to the City Council already recommended
a cut of $57,000, i.e., the replacement of the Systems and Procedures Manager,
with part-time hours. The overall impact on this department is an 11% reduction
in the budget.
The major expenditure reductions (and/or revenues) are listed below:
The use of the Administrative Analyst II one day a week in Redevelopment
waS approved in concept by the City Counc i land is ref 1 ected as new
revenue from the Redevelopment Agency in the amount of $14,705. Again, it
works better to the advantage of the General Fund to take this as revenue
from the Redevelopment Agency, rather than just transferring the expense
for the one day a week from one function to the other.
It is proposed that computer maintenance contracts be delayed or reduced
by $12,000, and that the purchase of a software package which will
increase the productivity of the mainframe computer programmers and which
wi 11 f ac i 1 itate the i nterf ace between ma i nframe programmi ng and
microcomputer programming be de 1 ayed by four months, sav ing another
$5,000. It is also expected that known VTO savings will amount to $3,071,
that the overtime account be reduced by $3,200 and the professional
services account by $3,000. It is proposed that $6,240 be eliminated in
hourly wages, which would be to eliminate extra part-time hours that would
be otherwise utilized when Word Processing is very busy. Other than a
$1,200 reduction in travel, the remainder of the cost cuts in this
6
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Item 16
Meeting Date 07/13/93
I
department are mi sce 11 aneous reduct ions to book s, telephone , postage,
other commodities and office supplies.
Parks & Recreation
,
The initial list of proposed expenditure reductions in Parks & Recreatibn was
$82, 694. Th i s was reduced, however, to $22,224 in order to make sur1' that
service levels to the community were not affected. For example, the propo al to
eliminate contractual rodent services at the parks ($7,500) was deleted fr m the
cut list in order that those services can continue to be provided, wh ch is
particularly critical to parks such as Rohr and Greg Rogers. Fairly! large
reduct ions to accounts for 1 andscape supp 1 i es and mater i a 1 for ma i ntil i n i ng
buildings as well as janitorial supplies was reduced significantly to an rmount
which will provide sufficient funds for these purposes in park maintenance.
The major change in this department is moving a portion of the Graphic Artist
cost as well as part of the expenditure for producing the recreation broch~re to
the trust funds. These moves reduced the impact on the General Fund by $10,610,
which is slightly less than half of the total amount removed from the department
budget. In reality, the actual reduction in budget accounts for this department
is only $11,614.
Personnel
It is proposed that this department be reduced by $10,736. This would amount to
a $4,503 reduction in training, with the idea of using the training offic~r and
the Assistant Personnel Director to do more training in house, as well as!doing
a better job of obtaining free training where available, or more two-for-one
offers through the Regional Training Center.
There is also going to be an effort to combine ads for jobs, with a projected
reduction in advertising of $2,420.
It is also proposed that professional services be reduced by $1,000 in an effort
to perform these types of QWL services in-house rather than using outside
consu ltants.
An additional $1,850 would be taken from QWL, as well as $400 from trave1.
Planninq
It is proposed that $8,830 be reduced from this budget which involves reducing
the budgeting for the vacant Principal Planner position from E to C step and a
number of miscellaneous reductions from travel, overtime, photo and blueprint and
other contractual services.
As mentioned above, a larger cut, say $50,000 from the General Fund, would be
7 1/''''8'
Item 16
Meeting Date 07/13/93
difficult to accomplish without impacting services provided by this department.
Since so much of the department's operation is supported by fees or other
revenues, a $50,000 reduction would probably not have much of a bottom line
impact on the General Fund. Planning is not experiencing a workload reduction,
and so their main issue is the balance between the General Fund and revenue
producing projects upon which the department would work. Currently, action was
taken to shift projects that would produce $75,000 more in the Planning revenue
in order to pay for the Youth Action Program as a backup revenue source, in case
private donations for the Youth Action Program would be unavailable. In
connection with that private donation, by the way, I'll be having lunch next week
wi th the pr i nc i pa 1 of the firm that may be interested in th i s program, and I
should have a better perspective of their willingness and ability to support this
program. In any case, it is recommended at this time that the $8,830 be taken
from the Planning Department's budget at this time.
Pol ice
Initially in order to meet the $540,000 expenditure reduction to counteract the
loss of State revenue, it was expected that a little over $171,000 would be
needed from the Pol ice Department. This was reduced to $132,000 and, as
described below, we feel this can be accompl ished without impacting service
levels. The proposed reductions in this budget include the following:
Currently, a vacant Captain position is being backfilled by a Lieutenant.
It is expected that the vacant Capta in's pos i t ion wi 11 be fill ed on
November 1, 1993, with the result that there will be a salary savings of
$33,500.
It is proposed that the overtime budget be reduced by $45,000. This will
leave the department with $750,000, which is $100,000 more than the
department had in 1992-93. The Chief feels that this will provide a $95-
$100,000 cushion in the overtime budget for contingencies. This funding
level in the overtime budget is supported by the Chief.
Instead of buying a new police dog, the department proposes that an
existing police dog be retrained with a new handler, saving $6,000 in
expenses.
As part of an energy conservation program call "Turn Off aLight", the
department expects to save $10,000 in its utility bill.
By reducing ARJIS utilization by 12.5%, the department expects to save
$12,500, which the Chief feels will have no or marginal operational
impact.
Based on workforce reductions at Rohr and the significant reduction in
traffic, plus traffic flow improvements in the general vicinity of the
Rohr facility, it is recommended that the funding for the Rohr crossing
8
JJ, ~,
Item 16
Meeting Date 07/13/93
guards be reduced by 50% ($17,500). This recommendation was offered by
the Rohr crossing guards.
Various miscellaneous accounts in the amount of $7,500 are recommended for
reduction, with no operational impact expected from these reductions.
Public Works
Enqineerinq
It is recommended that the General Fund portion of the Engineering Department be
reduced by $59,076.
Major reductions here include delaying the replacement of Engineering Aide in
Traffic Engineering until April 1, 1994 at a savings of $28,593. Basically, the
responsibility of this person is to set up traffic counters to gather traffic
data on the City's traffic system. The City is currently caught up to date on
it's traffic count work. So as a result, the vacant position in this section
would be filled by April 1, 1994 in order to complete the traffic counts for the
annual growth management study.
It is also proposed that an Engineering Tech position be frozen for six months
($20,168). This person is in Design, but actually an aide would backfill that
slot from the Permits section.
It is also proposed that 510 hours of Intern hours be frozen at a savings of
$3,745.
There are a number of other miscellaneous accounts that would be reduced such as
overtime, travel, training and other equipment.
There seems to be some concern over the amount of supervlslon in Engineering.
While this is certainly a valid subject to raise and is something that is being
looked at, generally the supervision level is pretty consistent with the way most
engineering functions are established, both public and private. Of course there
can be exceptions to this, but one supervisory position, which is a Sr. Civil
Engineer position, is currently vacant and will be kept that way until we have
a better perspective of the needs for processing the Otay Ranch Project for which
this position was created as well as the overall workload of the department.
There may not be a need to actually fill this position based on workload, but as
we get closer to Baldwin's next land use proposals, that can be determined at
that time. In any case, this position is vacant and will be kept that way until
we have a better idea of the approval process for the Otay Ranch Project and the
applications that will be made by the Baldwin Company.
Operations
The main savings in this account results from freezing one Tree Trimmer position
which has been frozen for over a year. Public Works Operations has been able to
9
I~"'JO
Item Hi
Meeting Date 07/13/93
perform tree trimming service satisfactorily, utilizing probation workers and
others successfully over the past year. Since that process is successfu" the
department plans to continue using that assistance with the result that salary
savings from this frozen position can be utilized to counteract the reduct~on in
revenue from the State. There is also a reduction of $20,000 in construction
materials which is justified based on past expenditure history, plus some
miscellaneous account cuts amounting to $3,718.
Non-Departmental
It is proposed that $10,100 in cuts be taken from the Non-Departmental b~dget.
The City maintains a contingency account for hazardous waste studies of $19,000.
It is recommended to reduce th i s cont i ngency account by 50%, to a to~a 1 of
$5,000. To date, none of these funds have been used. It is also recommended to
reduce the Council contingency account from $15,000 to $10,000, a cut of $r,OOO.
This account also has only been used on a very limited basis over the last
several years. A total of $100 in memberships is recommended to be cut,:which
can be paid for by the individual out of professional enrichment funds. '
HIRING FREEZE
At the June 22,1993 Council meeting, Council implemented a hiring freeze for all
positions exclusive of those directly related to public safety, such as police
officers and fire fighters. At that time, the State cut was not specifically
known and this action was proposed as an interim measure in preparation for the
final State cut information. Now that the State cut is known and we have
recommended expenditure cuts and additional revenues to meet the net loss in
revenue from the State of $540,000, it is recommended that the hiring freeze be
el iminated. There are many vacant positions throughout the City which are
critical to maintaining the current service levels being provided to our
citizens. It is recommended that all vacant positions not previously identified
as those to be frozen or eliminated from the budget be filled at this time.
RECLASSIFICATIONS
Included as part of the FY 1993-94 proposed budget presented for Council adoption
on June 15, 1993 were three position reclassifications recommended for your
approval. During budget deliberations, Council directed that all position
reclassifications be eliminated for FY 1993-94. It is requested that Council
reconsider the three reclassifications submitted.
The first reclassification recommended was in the Finance Department,
reclassifvina a Senior Accountina Assistant to Collection Supervisor at a net
increased cost of $7,653. This position's duties were studied by the Personnel
Department and recommended to be rec 1 ass if i ed to the higher 1 eve 1. The basi s for
this recommendation is that the actual duties being performed by this position
10
I~.i)
Item 16
Meeting Date 07/13/93
far exceed the knowledge, skills and abilities required of a Senior Accounting
Assistant. If this position continues to work at duties which are beyond its
current classification, .the City will be in violation of Civil Service rules and
we would be forced to change the duties of the position so that all duties fall
within the lower classification realm of responsibility, thereby minimizing its
effectiveness. The new duties are required to effectively implement the Revenue
and Recovery Division's new comprehensive collections program and the new AB 408
(parking violation decriminalization) program. These new programs require a
significantly higher level of expertise, responsibility and discretion, as well
as supervision of employees, volunteers and interns. The need for a Collections
Supervisor is strong and could be supported as an entirely new position.
However, greater efforts at automating systems, in conjunction with the use of
volunteers to do low level tasks make it reasonable to experiment with meeting
new program needs by upgrading an existing position. This position, if allowed
to perform at the higher level and be appropriately compensated, will create
additional revenue of approximately $131,000 in FY 1993-94, which has been
included in the actual revenue support for the operating budget. Should this
reclass not be approved, staff would be required to relook at the revenue and
likely would have to reduce the amount of revenue which could be generated by
this position by up to one-half. Also, additional funds would likely need to be
appropriated for the AB 408 program. It is recommended that the Counci 1
reconsider this reclassification in light of the actual duties being performed
which exceed the current position classification, and the additional revenue
which can be gained by this increase.
The second rec 1 ass if i cat ion requested is in the Management and I nformat i on
Services Department, the Policy Analysis and Program Evaluation Division, from
an Administrative Analvst II to a Senior Manaqement Analvst at a total cost of
$4,434. This reclass was requested to be implemented effective January I, 1994
and would therefore only be in effect for the last six months of the fiscal year.
This position was studied by the Personnel Department and the resulting
recommendation of an increase to Senior Management Analyst was as a result of
that personnel reclassification study. In the study, it was identified that the
current Administrative Analyst II is presently performing duties and skills which
far exceed the position classification of Administrative Analyst II. These
current duties have significant impacts on City revenue and include
responsibility for (1) updating the City's full cost recovery factors (FCRs),
including the Citywide factor and individual department/division factors, and
developing special FCRs for specific programs such as the Federal Aid Urban; (2)
analyzing the direct and indirect cost allocations for City services and
preparing updates to the Master Fee Schedule; and (3) overseeing the Citywide
project accounting system, including the training of departmental staff and
monitoring reimbursements. In addition, the current incumbent has primary
responsibility for assisting departments in assessing the costs/benefits
associated with in-house versus contract decisions. The circumstances of this
position also include the ability to fully access a career ladder within a
series. As Council has agreed to in the past, it was recommended that the
movement from Administrative Analyst I through Senior Management Analyst also be
considered as a career ladder, and that individuals may move from the I level to
11 I~"'/~
Item 16
Meeting Date 07/13/93
the Senior level based on needs and performance. As such, it is recommended that
Council reconsider the reclassification of Administrative Analyst II to Senior
Management Analyst. As previously noted, the actual reclassification would not
take effect until January, 1994. However, approval of the reclassification is
needed at this time to enable the incumbent to continue work on the projects
noted above during the interim period.
The final reclassification requested was in the Planning Department, from
Assoc i ate Planner to Sen i or Planner, wh i ch wou 1 d become the Des i gn Rev i ew
Coordinator at a total cost of $4,030. It has been the department's desire to
implement an official Design Review Coordinator with the requirement of an
architect's license, and which would clearly be able to oversee the design review
process, among other duties. The benefit of this would allow for improved
streamlining and increasing the quality of staff support that can be provided to
the Design Review Committee. Currently the department has been fi 11 ing this need
by using a consultant, who is a licensed architect, to coordinate all design
review. As you may remember, there was concern expressed by many outside
architects that the planners providing support to the Design Review Committee had
very limited, or no, architectural background. The implementation of this
reclass was meant to meet that concern, and those expressed by the Council, in
order to expedite the processing of projects before the City, as well as
providing a better interface with the public. From the FY 1992-93 to the FY
1993-94 budget, staff was able to eliminate $5,000 from Planning and Community
Development for architectural consultant services since we had planned to have
an in-house architect. In addition, this temporary architect has saved the City
consulting costs by providing Community Development advice on dealing with the
parking structure defects at Park Plaza at the Village. Should the Council not
approve reconsideration of this reclassification to Senior Planner, the
department will not be able to provide the architectural support to the Design
Review Committee which was previously requested. Also anticipated with this
reclass was a reduction in overtime costs to attend evening meetings, such as
DRC. The Senior Planner does not receive overtime, while an Assistant Planner
must be compensated for attendance at meetings. It is therefore recommended that
the Council reconsider this reclass from Associate Planner to Senior Planner.
FISCAL IMPACT:
The approval of the recommended budget reductions will adopt a revised budget for
1993-94 of $54,418,775.
JDG:mab
cuts
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RESOLUTION NO.
J 7/1,3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE 1993-94 BUDGET TO
ACCOUNT FOR REVENUE REDUCTIONS FROM THE STATE
OF CALIFORNIA
WHEREAS, on June 15, 1993, the city Council adopted the
1993-94 operating budget with the understanding that the budget
would be revisited after the State adopted its budget and the
impact of the State revenue cuts on the city were known; and
WHEREAS, at the same time, a hiring freeze was imposed,
except for certain public safety positions; and
WHEREAS, based on the final adopted version of the State
Budget, the City's net loss of revenue is $540,000; and
WHEREAS, the personnel changes reflected in these cuts
include freezing a Plan Checker and Building Inspector position in
Building and Housing for six months, and deleting a .25 clerical
position in the Library; and
WHEREAS, it is proposed that the .7 FTE Environmental
Program Manager in community Development be made a full-time
position, which position was at a .7 FTE to accommodate the
incumbent in this job, who is now moving out of the area, and it is
felt that'to obtain someone of a comparable quality to fill this
position, it will need to be a full-time position; and
WHEREAS, during budget deliberations, Council directed
that all position reclassifications be eliminated for FY 1993-94
and it is requested that Council reconsider the following three
reclassifications:
o Reclassifying a Senior Accounting Assistant to
Collection Supervisor in the Finance Department at
a net increase cost of $7,653.
o Reclassifying an Administrative Analyst II in the
Policy Analysis and Program Evaluation Division of
Management and Information Services to a Senior
Management Analyst at a total cost of $4,434 to be
implemented January 1, 1994.
o
Reclassifying an Associate Planner
Planner in the Planning Department at a
of $4,030.
to Senior
total cost
1
It. ':1.7
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby amend the 1993-94 Budget to
account for revenue reductions in the net amount of $540,000 from
the State of California as set forth in Attachment "A", attached
hereto and incorporated herein by reference as if set forth in
full.
BE IT FURTHER RESOLVED that the hiring freeze is hereby
eliminated effective immediately.
BE IT FURTHER RESOLVED that the Environmental Program
Manager position in Community Development be made a full-time
position.
BE IT FURTHER RESOLVED that the reclassifications listed
hereinabove are approved.
John Goss, city Manager
od a~
'ty Attorney
Presented by
F:\homc\attomey\budget.cut
2
I" ''< Y
COUNCIL AGENDA STATEMENT
ItemiL
Meeting Date 7/13/93
ITEM TITLE: Public Hearing on consideration of an increase in sewer service charges
Resolution /? J" '1APproving an amendment to the Master Fee
Schedule on sewer service charges and transfer of $1,856,000 from Fund
222 to Fund 225
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager -.j'=t bvQ~Y\ (4/5ths Vote: YesXNo_)
As a Participating Agency of the Metro Sewer System, the City of Chula Vista is required to
pay for our share of its operation, maintenance and upgrade costs. Due to the increased cost
of upgrading regional wastewater transportation, treatment and disposal, it is necessary to raise
the sewer service charges for Fiscal Year 1993-94. As discussed in the report, the exact amount
of sewer rate increases over the next few years will depend on decisions made by Chula Vista
and the Regional sewering agencies, the court, and possibly changes in the Federal Clean Water
Act. Under any scenario, rates will increase for Chula Vista residents over the next 10 years,
and staff is recommending a modest rate increase for next fiscal year. Chula Vista has retained
a team of Sewer Consultants to help us in reaching the best decision for the future of Chula
Vista.
RECOMMENDATION: That Council hold the public hearing and approve the resolution
increasing the monthly sewer rate by 6 1/4% to $17.00 per month per EDU.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City of San Diego has been considering the upgrade of the Metropolitan Sewer System since
it decided in 1987 to drop its request for a waiver from the requirement to convert Pt. Lorna
Wastewater Treatment Plant from Advanced Primary to Secondary Treatment. In FY 1991
Chula Vista began raising its sewer service fees in anticipation of a huge Sewage Construction
project of $2.5 Billion which was to be constructed over the next 13 years. At that time, and
based upon cost estimates provided by San Diego City staff, Chula Vista staff estimated that the
fees would have to be raised an initial amount of 20 % followed by annual 11 % increases. The
Council had expressed a desire at an earlier rate increase hearing to not wait and hit the public
with a hugh increase, but instead, levy a series of smaller increases which would allow the
public to better absorb the cost within their budgets.
17-- /
Page 2, Item /1
Meeting Date 7/13/93
Since that time, several changes have occurred to the program:
. San Diego has yet to issue any debt to finance the capital improvements. This has
delayed the bonded indebtedness program for at least two years, but also it has required
San Diego to break out the Pt. Loma Outfall extension and Fiesta Island Sludge removal
project and begin work on it sooner. It has also required San Diego to pay cash rather
than finance the work, leaving us with higher earlier costs.
. In the summer of 1991 the City and the EPA, because of a lawsuit from the EPA, agreed
upon a course of action called Alternative IV which was part of a Consent Decree. The
Judge ordered the Consent Degree, (Agreeing to the A1t. IV $2.5 Billion program) to be
delayed until a testing program for chemical secondary treatment could be completed at
Pt. Loma which would allow that plant to remain at Advanced Primary. This could have
the effect of lowering overall costs, but would have little effect on earlier cost increases.
The tests should be completed this summer.
. The City Council of San Diego adopted the "Consumers Alternative" which greatly
reduced the scope of Alternative IV from $2.5 Billion to $1.2 Billion. This had the
impact of reducing later year increases in the sewer rates, but did not reduce the earlier
years costs as earlier infrastructure requirements did not change with either Alternative.
. The National Science Foundation completed a study for the EPA, (partly funded by San
Diego) that indicated that full Secondary Sewage treatment at Pt. Lorna was not
necessary and a waste of money.
As is shown by the above history, the ultimate program and its cost to the rate payers of Chula
Vista is yet to be defined. However, although the actual cost increase is not known, costs will
be incurred for upgraded sewer service. Therefore, Chula Vista, along with other Metro
Agencies, have raised sewer rates.
Chula Vista's annual costs to Metro and Spring Valley could increase from around $7 million
to an amount, depending on different outcomes of the CWP Capital program, between $11
million and $17 million for implementation of the "Consumers Alternative". On the other hand
we have built up significant reserves in the Sewer Funds, that would help us ride over any huge
single year increase.
Revised Ten-Year Cost Proiections Table 1 and Table 2
In June 1993, the Clean Water Program staff prepared new cost projections for two options:
(1) the Consumers' Alternative Excluding Water Reclamation and Oversizing and (2) the
Consumers' Alternative Including Water Reclamation and Oversizing. Both these options are
based on the "Consumers Alternative", which is the low cost option adopted by the San Diego
/ 7-.2..
Page 3, Item~
Meeting Date 7/13/93
City Council. Although based on our original "1960 Sewage Agreement," San Diego can't
charge us for expansion and Water Reclamation, we should consider those higher costs, because,
subject to Chula Vista's final actions regarding participation in the SDA WMD, costs for Water
Reclamation and Expansion may be included in some fashion. City staff used this information
in order to prepare the enclosed ten-year rate projection tables (Tables 1 & 2).
. Payments to the Spring Valley Sanitation District for flow discharged to the Spring
Valley Outfall Sewer (Columns 5 & 12), operation and maintenance for the Chula Vista
collection system (Column 16), revenue from interest and other sources, and capacity fee
contributions (Column 19) have also been included. Adjustments were also made to
Fiscal Year 1993-94 estimates to include back billing for previous years' undercharging
and other items discussed in the next section.
. The sewer service charges have been calculated under two scenarios. Column 17 (Tables
1 & 2) shows what the sewer service charge would need to be without revenue assistance
from other sources. Column 20 presents the sewer service charge after deductions for
miscellaneous income (interest, industrial waste fees, some pump station fees) and
transfers from sewer capacity fees. Both calculations include $0.70 per EDU for the
sewer rehabilitation fee.
. Chula Vista has been collecting a connection charge or "join the club fee" from
developers for each new connection to the sewer system. It is appropriate that monies
from this Fund (Fund 222) be used to offset some of the cost of the CWP upgrade
program since existing CV ratepayers have been paying for excess capacity for 30 years,
and a portion of the upgrade program is for expansion of the system.
. The contributions from the sewer capacity fees in Table 1 (Column 18), which would be
transferred from Fund 222, were justified based on information provided by the Clean
Water Program. The total 1993 replacement value of the Metropolitan Sewerage System
was estimated at $764,495,000. Since the current plant capacity is 218 mgd, the value
per gallon of capacity is $3.50. At an estimated 1,000 EDUs connected per year, the
total "buy in" to the existing system would be approximately $928,000 per year. This
"buyin" is discussed below as a transfer from Fund 222 (Sewer Connection Charges) and
is used in the Excluding Reclamation table (Table 1).
. The capacity fee contributions in Table 2 (the Including Reclamation table) (Column 18)
were obtained from the System Buy-In Charge Calculation tables prepared by the Clean
Water Program on June 24, 1993. The Sewer Facilities Charge includes a "buy in"
payment for capacity in the existing system, as well as payment for a portion of the water
reclamation and expansion costs.
17-J
Page 4, Item-d-
Meeting Date 7/13/93
Attachment 1 shows the same information in a graph format comparing the Column 20 cost per
EDU from Fiscal Year 1994 to 2003 for Tables 1 and 2, (the Excluding Water Reclamation and
Including Water Reclamation tables). Under the scenario excluding water reclamation, the
maximum rate of $23.73 per month would occur in the year 2001. Under the scenario including
water reclamation, the maximum rate of $31.79 would occur earlier, in the year 1997.
As mentioned earlier, Chula Vista has not agreed to any option at this point, and is using the
lower cost option to base this cost increase. We are using a consultant team to help us decide
on the best option for Chula Vista. That decision will be partially based on the final terms and
conditions in the Special Act District and/or agreement between us and the City of San Diego.
Determination of Fiscal Year 1993-94 Rates
The following table itemizes the main budget items for Fiscal Year 1993-94 under the
Consumers' Alternative Excluding Water Reclamation and Oversizing. If water reclamation and
oversizing are included, there would be approximately $3,888,000 in additional expenditures.
1.
2.
3.
4.
5.
6.
7.
8.
Catel!ory
1993-94 Estimated
Expenditures
Metro/CWP Expenses
Metro flow rate adjustment FY 1992-93
Spring Valley Sanitation District Payment
Spring Valley back bill
Tijuana sewage M & 0
SDA WMD Operations
Transfers to General Fund
Miscellaneous Chula Vista Operating Expenses
$ 6,046,000
$ 587,000
$ 1,566,000
$ 307,400
$ 236,200
$ 52,200
$ 2,426,100
$ 508.900
$ 11,729,800
The Federal Government may not reimburse the Metro system for the entire cost of treating
Tijuana sewage. Clean Water Program staff have therefore estimated the cost to be allocated
to each agency for Fiscal Years 1992-93 and 1993-94 (Category 5). This item will need to be
approved by the SDA WMD Board before it is billed to the agencies. (Recent news articles have
indicated that the Federal Government will pay most of the costs.)
Our average wastewater flow over the past year has been 11.599 million gallons per day. Based
on our flow rate, the number of sewer connections, and customer account information, we
estimate that the City currently has approximately 49,360 EDUs of flow, one EDU being
equivalent to the flow from a single family house. The single family residential rate was therefore
calculated as follows:
17"''1
Page 5, HemE
Meeting Date 7/13/93
Factor
Cost
Expenses
Interest and Miscellaneous Revenues
Capacity Fee Transfer (from Fund 222)
Revenue Required from Sewer Service Charges
Service Charge/ EDD per month
Including $.70/month Sewer Replacement Fee
$11,729,800
- $418,000
- $928,000
$10,383,800
$ 17.53
$ 18.23
Several factors must be considered in deciding whether the sewer service rates should be
increased:
. The first factor is the size of the reserves. The 1992-93 budget projected a reserve
balance of $8,463,363 in Fund 225 (Sewer Service Revenues collected monthly per
existing customers) as of July 1993. If approximately $1,321,000 of the reserve in Fund
225 was used, the current sewer service charge would remain unchanged. A rate
increase would not be needed until Fiscal Year 1995-96, provided that the Excluding
Water Reclamation table is valid. However, under any scenario that Chula Vista is
considering, sewer rates will go up significantly over the next several years, and ifrates
aren't increased this year, future year increases will have to be raised that much more.
. The second factor is the viability of the Excluding Water Reclamation scenario. It is
highly unlikely that the City of San Diego will agree to pay the entire cost of water
reclamation for the Metro system. However, those costs can't be charged to Chula Vista
unless we agree. That decision won't be made until later. Moreover, it is not certain
if the Consumers' Alternative will be acceptable to the EPA. The EPA may not accept
continuation of advanced primary treatment at Point Lorna, since secondary treatment
standards cannot be achieved. A more costly treatment alternative would then need to
be devised, and Fund 225 would need to be maintained at a higher level to allow
payment of these higher costs
. The third factor is that if Chula Vista is required to share in the cost of water reclamation
and expansion of system capacity justification will exist for the use of larger amounts of
Fund 222 money. Inasmuch as this fund is anticipated to have a balance of $5,659,550
after the transfers proposed in this report are made we believe that an adequate safety
factor will be maintained.
We believe that it would be imprudent to use Fund 225 reserves at this time because of the
likelihood of the more expensive treatment alternatives becoming necessary. However, we also
believe that a rate increase to $18.23 (13.9 percent) is undesirable at this time, given the current
economic conditions. This rate considers a transfer of $928,000 from Fund 222 for Fiscal Year
1993-94 based on an average of 1,000 connections per year and a capacity charge of $928 per
)7,,5
Page 6, Item4
Meeting Date 7/13/93
connection ($3.50 per gallon and 265 gallons per day per EDU). A total of $928,000 could have
been transferred from Fund 222 last year on the same basis and we are proposing that such
transfer be made now.
In summary, we are recommending that (1) A transfer from Fund 222 in the amount of
$729,000 be authorized for 1992-93 in addition to the transfer of $199,000 approved last year.
That earlier approved transfer has not yet been accomplished, since it has not been needed for
payment to other agencies until now and (2) That a transfer from Fund 222 in the amount of
$928,000 be made for 1993-94.
With this proposed transfer from Fund 222 the Sewer Service Charge can be held to $17.00 per
month per EDU. This represents an increase of 6.25 percent; less than the 11 % per year
projected in 1990, but still adequate to continue toward the Council's expressed goal of meeting
the ultimate costs associated with the sewer system by implementing a series of smaller annual
increases as opposed to raising rates less frequently but in greater increments.
These rates are reasonable in comparison to those charged by other agencies in San Diego
County. As shown on Table 3 (attached), "Sewer Service Rate for Single Family Dwellings",
the Fiscal Year 1992-93 charges range from $14.08 to $33.72 per month.
Rates for all categories will be increased by 6.25 %. The rates will be as follows:
Single family
Multiple family
Low Income
Commercial/lndustrial
Low
Medium
High
$ 17.00/month
$1.71/100 cubic feet (HCF) water used
$11.90/month
$1.56/HCF water used
$1.92/HCF water used
$2.59/HCF water used
FISCAL IMPACT: Adoption of this rate structure will allow the City to cover the anticipated
sewer-related expenses in FY 1993-94. It will also incorporate a transfer of $1,856,000 from
Fund 222 to Fund 225. This amount represents $199,000 approved for Fiscal Year 1992-93 plus
an additional $1,657,000 ($729,000 more for 1992-93 and $928,000 for 1993-94). The City has
sufficient funds in Fund 222 to cover this transfer.
JPL:KY-081
F:ENGlNEERlAGENDA \SEWlNC4
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TABLE 3
SEWER SERVICE RATE FOR SINGLE FAMILY DWELLINGS
CITY FY 1992-93 RATES FY 1993-94 RATES
Lemon Grove $169.00 per year No Change
County of San Diego:
Spring Valley $243.00 per year No Change
Lakeside-Alpine $255.00 per year No Change
National City $14.58 per month Fall Review
Del Mar $33.72 per month $35.41 per month
La Mesa $31.50 bi-monthly Fall Review
Poway $36.42 bi-monthly Fall Review
Padre Dam Municipal $29.00 bi-monthly $33.00 proposed
San Diego $20.39 per month 6 % average increase
Imperial Beach $2.30 per 100 CF proposed $231.00
$187.00 per year (average) average per year
EI Cajon $1.03 per 100 CF + proposed 7.5%
$1. 00 collection fee per month increase
EMC:KY~081
F:ENGlNEER\AGENDAlSEWlNC2
060893
17,1
L__.
J?-/~
RESOLUTION NO.
17/ /, '-I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
MASTER FEE SCHEDULE ON SEWER SERVICE CHARGES
AND TRANSFER OF $1,856,000 FROM FUND 222 TO
FUND 225
WHEREAS, as a participating agency of the Metro Sewer
System, the city of Chula vista is required to participate in its
operation, maintenance and upgrade program; and
WHEREAS, due to the increased cost of upgrading regional
wastewater transportation, treatment and disposal, it is necessary
to raise the sewer service charges for Fiscal Year 1993-94.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an amendment to Chapter
XII (Engineering - Sewer), section B Service Charges, as follows:
B. SERVICE CHARGES
1. Sewer Service Charges
In addition to other fees, assessments or charges
provided by the city code or otherwise, the owner or
occupant of any parcel of real property which said parcel
is connected to the sewer system of the city and to a
water system maintained by the Sweetwater Authority or
the Otay Municipal Water District shall pay a sewer
service charge as follows, applicable to the first whole
billing period subsequent to July 1, ~ 1993:
a. Domestic: The domestic sewer service charge for
each single family dwelling unit serviced by a
separate water meter shall be $11S. eo 17.00 per
month;
b. Domestic: A monthly sewer service charge for other
parcels of real property used for domestic purposes
as herein defined, and serviced by a water meter
shall be at the rate of $~ $1.71 per each one
hundred cubic feet of water usage by such parcel,
but in no case less than $16.00 17.00 per month,
nor more than $16.00 17.00 per dwelling unit per
month;
c. Commercial and industrial: A monthly sewer service
charge for premises used for other than domestic
1
/7-- / /
purposes shall be at the following rates per each
one hundred cubic feet (HCF) of water usage:
Low strength: $~ 1.56 per HCF water usage
Medium strength: $~ 1.92 per HCF water usage
High strength: $~ 2.59 per HCF water usage
Low strength is defined as wastewater with
suspended solids content under 200 parts per
million (ppm). Medium strength is defined as
wastewater with at least 200 ppm but less than 600
ppm suspended solids. High strength is defined as
wastewater with suspended solids content of 600 ppm
or more.
Unless otherwise established by an approved
variance, wastewater discharge shall be assumed to
be 90 percent of water consumed. Therefore, where
commercial or industrial facilities are billed on
the basis of wastewater discharge, the regular
sewer service rate shall be divided by .90.
Wastewater strength categories will be determined
using either the table, "Proposed User
Classifications and Assumed Pollutant
Concentrations" (SEE APPENDIXES) or actual sampling
results, as determined by the Director of Public
Works. Dischargers who believe that their total
suspended solids concentration is sufficiently low
to qualify for a different category of sewer
service charge billing may apply to the City
Manager in writing for a variance in accordance
with Municipal Code section 13.14.130. When there
is a change in the rate payer, the category will be
re-evaluated.
d. Tax Bill: Charges for multiple family and
commercial industrial discharges collected on the
Tax Bill shall be based on a recent 12 month water
usage period.
e. High Volume Dischargers: Premises which discharge
over 25,000 gallons per day (gpd) are classified as
high volume dischargers. These dischargers shall
be billed bi-monthly by the City of Chula vista.
Wastewater discharge shall be assumed to be 90
percent of water consumed, unless established
otherwise by an approved variance. A separate
suspended solids concentration shall be determined
for each discharger based on either the table,
2
J 7"/.)...
"Proposed User Classifications and Assumed
Pollutant Concentrations" or on actual sampling
results, determined by the Director of Public
Works. The bi-monthly rates shall be as follows:
Number of cubic feet (in HeF) of water usage x
{$1.2179 51.2940 + (suspended solids
concentration in p.p.m. x $9.991956B SO.0020791)}
(Sewer service rates are as listed above unless superseded by
ordinance)
2. Penalty for Delinquent Payment of Sewer Service Charges
The fee for delinquency in payment of the sewer service
charge shall be a basic penalty in an amount equal to
ten (10) percent of the service charge, plus one and one
half (1-1/2) percent per month for non-payment of the
charge and basic penalty.
(Designated herein for administrative convenience only)
3. Sewer Service Charges for Low Income Households
Low Income Households (as defined in Chapter I) including
renters of property who are eligible to receive a reduced
rate for monthly sewer service charges, shall be billed
at the rate of $11.20 11.90 per month per EDU.
The Finance Department of the City shall make available
the required application form and process all
applications. Application will require the submittal of
information on total household income, the number of
persons in the household and the type of dwelling unit.
Proof of total annual income shall be furnished.
Requests for annual refunds shall be made by eligible
households between August 1 and September 30 of each year
for the past fiscal year beginning in July and ending in
June. The applicant will be notified of eligibility
status within thirty (30) days of application and if
eligible, the refund forwarded within ninety (90) days of
application.
(Designated herein for administrative convenience only)
4. Sewer Service variance Fees
The owner or occupant of any premises requesting a
variance from the sewer service charges pursuant to the
provisions of this section and the rules and regulations
approved by resolution of the city Council shall pay a
fee in the sum of $150.00 to cover the cost of
investigation of said request; provided, however, that no
fee shall be charged for a request for total exemption
3
J 7--/3
from the sewer service charge. In addition, a special
handling charge to cover the cost of billing and
inspections to be paid per building may be established in
the resolution granting the variance, provided that the
minimum such charge shall be in the sum of $3.75.
BE IT FURTHER RESOLVED that the amount of $1,856,000 is
hereby transferred from Fund 222 to Fund 225, which amount
represents $199,000 approved for Fiscal Year 1992-93 plus an
additional $1,657,000 ($729,000 more for 1992-93 and $928,000 for
1993-94).
Presented by
John P. Lippitt, Director of
Public Works
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,J
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for consideration of an item to raise monthly sewer
service charges. The increase in rates is necessary to finance Chula Vista's share of upgrading
the San Diego Metropolitan Sewerage System (Metro) with water reclamation, a program
estimated to cost about $1.5 billion.
Staff will present options that would raise rates for single family dwelling units from $0.00
to $2.23 per month. The staff recommendation for single family dwelling units is to raise the rate
$1.00 to $17.00 per month.
Rates for multiple family, mobile homes, low income and commercial/industrial properties
will be raised by the same percentage as the single family rate. The low income rate for qualified
residents is 70 percent of the single family rate.
In addition to the sewer service charge, a storm drain fee will be included with the sewer
service charge as follows:
Single Family &
Low Income $0.70/month or $8.40/year
Multiple Family &
Commercial/Ind. $0.06/HCF of water used
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July
13, 1993, at 6:00 pm in the Council Chambers, Public Service Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED: June 29, 1993
BVH:
(BVH/PUBLHEAR .93)
/7---/ b
~-\~\-"'-^-
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Consider increase in sewer & storm drain fees: sewer rate increase to finance
CV's share of SD Metropolitan Sewerage System (Metro) upgrade for water
reclamation. Single family residential sewer rate anticipated to increase from
$0.00 to $2.23/mo. Multiple family, mobilehomes, low income &
commercial/residential to be raised by 70% of single rate. Storm drain fees
will not be increased.
Consider application for conditional use permit submitted by South Bay
Community Services to establish short term transitional housing project for
homeless families up to 43 individuals @ 31 Fourth Avenue.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July
13, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: June 30, 1993
Beverly A. Authelet
City Clerk
/7~ /7
COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 7/13/93
ITEM TITLE:
Public Hearing: City Open Space Maintenance District 10 for Fiscal
Year 1993-94
SUBMITTED BY:
Resolution Ordering certain open space and maintenance
facilities to be maintained and levying assessment for Fiscal Year 1993-
94 for Open Space District NO~~~
Director of Public worksJ (r~
Director of Parks and Recreatio~
City Manager eft 5 & (4/5ths Vote: Yes_No..XJ
{J
REVIEWED BY:
Based upon the advice of the City Attorney, public hearing l8"'and ~<tave been separated due
to conflict of interest concerns. Council should note that agenda statement _ also applies to
this public hearing and includes the information on Open Space Maintenance District 10.
RECOMMENDATION: That Council conduct the public hearing and approve the resolution
after the second public hearing on July 20, 1993 is conducted.
008:08-001
F :\home\engineer\agenda\ 1 070.93
/8'-/
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 7/13/93
ITEM TITLE:
Public Hearing: City Open Space Maintenance District Nos. 1-9, 11, 14, 15, 17,
18, 20, 24 and 26, and Bay Boulevard, Eastlake and Town Center Maintenance
Districts for Fiscal Year 1993-94
SUBMITTED BY:
Resolution Ordering certain open space and maintenance
facilities to be maintained, approving modifications to the Engineer's Report and
levying the assessments for Fiscal Year 1993-94 for Open Space District Nos. 1-9,
11, 14, 15, 17, 18,20,24 and 26, and Bay Boulevard, Eastlake and Town Center
Maintenance Districts \,\ u )
Director of Public works/l~,
Director of Parks and RecreatioRfA
City Manager &I~(,. (4/Sths Vote: Yes_No..xJ
of.,
REVIEWED BY:
In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the
spread of assessments for the open space districts. The reports were accepted and the required public
hearings were set by Council at its meetings of May 25 and June 1, 1993. This agenda statement
includes information related to the above districts and Op,en Space District 10 which is a separate agenda
item. As such, it covers both agenda item numbers ~ and?:t
RECOMMENDATION: That Council approve the resolution after the second public hearing on July
20, 1993 is conducted.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Assessments
On May 25 and June 1, 1993, the City Council approved the reports for the City Open Space and
Maintenance Districts prepared by the City Engineer or under his direction and set July 13 and 20, 1993
as the dates for the public hearings. The reports cover the following districts:
1. Open Space District Nos. 1-11, 14, 15, 17, 18,24 and 26
2. Rancho del Rey Open Space District No. 20
3. EastLake Maintenance District No. 1
4. Bay Boulevard and Town Centre I Landscaping Districts
/9-/
Page 2, Item~
Meeting Date 7/13/93
The individual assessments proposed at the May Council meetings for Fiscal Year 1993-94 as they
compare to last year are shown below:
TABLE 1
$69,433
12% 8,077
327.94 -1% 41,648 250.90 -24% 31.863
197.08 7% 41,387
226.58 224.22 -1% 27,354
128.00 128.00 0 20,736
72.12 87.60 21% 9,110
408.00 430.94 6% 47,403
93.62 92.88 -1% 35,667
83.46 25.96 -70% 16,366
75.18 120.00 59% 158,524 81.22 8% 107,278
323.20 319.94 -1% 279.426 254.74 .32% 222,472
220.54 234.24 6% 13,352
146.36 124.74 -15% 5,738
282.48 303.34 7% 117,562
246.28 203.72 -17% 438,812
680.26 486.00 -29% 19,440 211.00 -69% 8,439
N/A 359.00 N/A 6,821
1,031.60 1.000.80 -3% 10,008
40.94 43.58 6% 43,579
6.76 6.98 3% 69,495
6.76 10.64 57% 20,394
(lper benefit unit
(~eserve is at 10%
(3)Reserve exceeds 50%
These assessments are based on the budget approved by Council on June 15, 1993.
/9-.)...
Page 3, ItemA
Meeting Date 7/13/93
Districts 1, 11, and EastLake MD l' s increase in assessment is due in part to new open space areas being
turned over to the District for maintenance:
a. District 1 includes an additional 6 acres of open space dedicated by the W oodcrest
Southwestern Subdivision.
b. District 11 includes an additional 4 acres of open space dedicated by the Brehm
and Woodcrest Terra Nova Subdivisions.
c. EastLake Greens' increase in assessment is due to the anticipated turnover of additional
medians within the Greens' boundary.
Typically, new improvement costs are added to the district at the same time the new property
owners are assessed. However, in these districts, the homes were assessed prior to turnover of
the maintenance of new improvements. Effectively then, the assessments in prior years were
lower than anticipated.
A summary outlining the increase and decrease in assessments is provided in Attachment C.
Modifications to the Engineer's Report
On June 22, 1993, Council approved the award of the open space district maintenance contracts. Several
of the bids received and approved were lower than the existing contracts which provided the basis to
determine the assessments in May. Staff recommends that the assessments be adjusted downward for
Districts 3, 11, 14 and 24 whose contract costs are substantially lower than last year. The proposed
changes in assessments are shown in Table 1.
OSD 24's, Canyon Views, contract cost came in $7,131 lower than estimated due to effective bid
clustering and the current economic climate. Additionally, staff proposes to reduce the reserve amount
by $3,800, as a compromise to the property owners in that district. This district had substantial savings
during FY 1992-93 because of delayed turnover and some owners wanted all the savings to be passed
on to them in one year and others preferred the savings be used to stabilize the assessments over 2 to
3 years. Staff recommends that the assessment be lowered to $211/home with a 90% reserve, $7,711
retained to offset future assessments. Without the savings being used to lower the assessments, the
assessments would be $482/home.
Additionally, staff recommends other changes to Open Space Districts 1,4 and 20 and Bay Boulevard
Maintenance District. The proposed changes to Districts 4, 20 and Bay Boulevard do not affect the
assessments.
OSD l' s proposed change in assessment is a result of lowering the reserve required. The change reflects
a reserve based on 50% of the existing maintenance costs plus 10% of the supplemental costs to be
collected over a period of 5 years. Staff initially based the reserve on 50% of existing and supplemental
maintenance costs. A small contract cost decrease is also reflected in the assessment.
19..J
Page 4, Item J?
Meeting Date 7/13/93
OSD 4's contract cost has increased by $6,754 as a result of bids awarded in June. It is recommended
that this cost be offset by using that portion of the reserve in excess of the 50%. Consequently, the
assessment proposed for FY 1993/94 will be the same as the assessment proposed in May and for which
property owners were noticed. However, an increase in assessments can be expected in FY 1994/95.
A budget amendment for this district will be brought forward during the year.
A minor change is proposed for Bay Boulevard Maintenance District which reflects a decrease in the
estimated fund balance which is offset by a decease in the reserve amount. There is no net change to
the assessment as proposed in May.
Staff has prepared the following summary to be incorporated into the Engineer's Report for Open Space
District No. 20 pursuant to Section 22660 of the Streets and Highways Code:
TABLE 2
Rancho Del Rey Open Space District No, 20
Annualized Costs
Amount Accumulated FY 93-94
Zone Description (90/91, 91/92, 92/93) Amount Work Description
1 Desilting basin $101,541 $33,847 Desilting basin maintenance (every 5 years)
2 Rice Canyon 20,100 6,700 Stabilization structures maintenance (every 3 years)
2,619 873 Staging area - AlC overlay seal and stripe (every 5
years)
684 228 Staging area maintenance (30-year period)
3 East H Street 0 0
4 SPA I Phase 1 12,006 4,002 Monumentation replacement (30-year period)
(Business Center
5 SPA I Phases 2-6 115,881 34,617 Theme wail & monument replacement (30-year
period)
6 SPA 2 0 0
7 SPA 3 0 0
The Code requires the breakdown outlined in Table 2 for estimated costs amortized over more than one
year. Certain costs are being spread over several years because of the impact on an assessment which
would occur if the costs were spread over one fiscal year only.
A summary of all districts and as modified is provided in Attachment A.
/9-'1
Page 5, Item~
Meeting Date 7/13/93
Noticing
Pursuant to the 1993 notice requirements of the 1972 Landscape and Lighting Act, staff noticed all
property owners of Open Space District Nos. 1-11, 14, 15, 17, 18,20,24,26, and Bay Blvd., Eastlake
and Town Centre Maintenance Districts of their proposed assessments on the postcards mailed for
noticing the public hearings and the informal staff meetings held on June 19 and 21.
The notice of the public hearing was published pursuant to Government Code Section 6063.
Summary of Informal Meetings
Staff from the Public Works and Parks and Recreation Departments held informal meetings on June 19
and 21 to discuss the proposed assessments for Fiscal Year 1993/94. Several questions were answered
at that time regarding the assessments and the components affecting the assessments. A summary of
issues is presented in Attachment B and letters of protest are presented in Attachment D.
FISCAL IMPACT: None to the City. All City staff costs are reimbursed by Open Space District
Funds.
Attachments:
A - Summary of costs and assessments J J
B - Summary of informational meetings j
C - Summary of assessment increases and decreases
D - Letter(s) of protest NOT SCANNED
WPC F:\bome\engineeilagenda\1066.93
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19,1
Attachment B
Summary of Informational Meetings
Staff met with various property owners on June 19 and 21 to provide information on the
proposed FY 93/94 assessments. Issues raised included:
1. OSD 6 - A property owner suggested that development on both sides of Telegraph
Canyon Road be assessed for their open space adjacent to the road.
2. OSD 11 - One property owner was very concerned by the assessment increasing from
$75 to $120. Staff has since revised the proposed assessment to $81 based on new bids
and adjusting the reserve.
3. OSD 24 (Canyon View Homes) - Staff met with 20% of the property owners in this
district. Staff explained that the bid came in low and that their assessment for FY 93/94
would be lower than noticed pending approval by Council. Staff also asked for
alternatives from those attending on how to lower the Canyon View assessments on a
long term basis. The following is a list of ideas:
1. Annex to Otay Ranch or ?
2. Build more units within their development.
3. Change over to HOA.
4. Adjust lot lines of residential lots into the open space areas for private
maintenance.
5. Status quo (City staff offered this alternative).
6. Annex into Eastlake's HOA.
7. Landscape changes.
8. Create Scenic Corridor District.
Most owners indicated that if their assessments' were close to the average, they would
be satisfied.
DDS:rb
(F:\HOME\ENGINEER\LANDDEV\INFOMTG.DDS)
19-/tJ
ATTACHMENT C-1
At the meetings of May 25 and June 1, the following summary of assessments was provided:
Decrease in Assessments
Open Space Districts 3, 5, 9, 10, 14, 17, 20 (SPA 1 residential), 24 and Bay Boulevard
assessments are decreasing from last year. This is due to one or more of the following:
1. There were minor budget decreases mostly because of adjustments to staff services.
2. There were unanticipated savings experienced during May and June of 1991 due to water
allocation programs in response to the drought. Consequently, the FY 91192 assessments
did not reflect the savings. However, a portion of these savings were reflected in FY
92/93 assessments and a portion are also reflected in the FY 93194 assessments. Not all
savings were passed on to the property owners in a single year's assessment in an effort
to flatten peaks and valleys. This is consistent with Municipal Code, Section 17.07.030
which allows accrual of a reserve up to 100% of the budget.
In addition to the above, Districts 10, 17, 20, and 24 had other unanticipated savings during FY
92/93 as outlined below:
1. Open Space District No. lO's assessment for FY 93194 is substantially lower than FY
92/93 assessment. This is mostly due to assessing the property owners in previous years
for new maintenance associated with the Ladera Villas Subdivision and the turnover not
occurring at the time anticipated. In addition, the actual cost was less than that estimated
by the developer and used to determine the prior assessments. A portion of these savings
are reflected in the proposed assessment.
2. Open Space District No. 17's decrease is due in part to a decrease in the budget item for
City staff services (-4%) and a corresponding decrease in the reserve (-2%). The balance
of the decrease is due to savings from prior fiscal years which are being used to lower
the assessments.
3. Rancho Del Rey Open Space District No. 20's base assessment for FY 93/94 is
substantially lower than FY 92/93 assessment because of assessing property owners an
entire year for new maintenance associated with "Phase 5" improvements and the turnover
not occurring at the time anticipated.
4. Canyon Views' (District 24) assessment is decreasing from last year's assessment of $680
per home. The decrease is due to assessing the homeowners for FY 92/93 in anticipation
of the slopes being ready for turnover in January of this year. However, the slopes have
not been accepted yet and it is not anticipated to occur until next fiscal year. Staff
recommends that only part of the savings beyond that needed for the 50% reserve
/9-11
ATTACHMENT C - 2
requirement be used to lower the assessments for FY 93/94. The balance of the savings
will be kept in the account to lower future assessments.
Increase in Assessments
Open Space Districts, 1,2,4, 7, 8, 11, 15, 18, EastLake Maintenance District No.1 and Town
Center assessments are increasing this year due to the one or more of the following:
1. Budgets were increased mostly because of an increase in utilities. Specifically, the water
service fee has increased.
2. Savings, due to the MaylJune 1991 water savings, were used in part to lower the 92/93
assessments and are not being used to lower to 93/94 assessments.
Districts 1, 11, and EastLake MD1 have additional increases due to new open space areas
being turned over to the District for maintenance:
a. District 1 includes an additional 6 acres of open space dedicated by the
Woodcrest Southwestern Subdivision.
b. District 11 includes an additional 4 acres of open space dedicated by the
Brehm and Woodcrest Terra Nova Subdivisions.
c. EastLake Greens' increase in assessment is due to the anticipated turnover of
additional medians within the Greens' boundary. The cost of additional
improvements is not offset by additional units because most of the units were
assessed last year for part of the maintenance of Otay Lakes Road medians.
Typically, new improvement costs are added to the district at the same time the new
property owners are assessed. However, in these districts, the homes were assessed prior
to turnover of the maintenance of new improvements. Effectively then, the assessments
in prior years were lower than anticipated.
3. Although Open Space District No. 7's budget is decreasing, the assessments are
increasing. This is due to using prior years' savings, in part, to lower the assessments for
FY 92/93. Savings are also lowering the proposed assessments for FY 93/94. Without
the savings, the assessment would be $104/home instead of $87.60/home as proposed for
this coming fiscal year. Both FY 92/93 and FY 93/94 assessments are less than the
assessments levied during FY 90/91 and FY 91/92.
WPC F:\bome~gine~genda\1075.93
19- /J-
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ATTACHMENT D-'
,
19-1.3
,",-if:", ~:"" : 993
RECEIVED
Mr. Barry M. & Linda C. Dodson
13614 Dornoch Drive
Orlando, Florida 32823-8802
'93 041-1 A9:46
CITY OF CHULA VIS; 1'.
CITY CLERK'S OFFiCi
City of Chula Vista
City Clerk
276 Fourtll Avenue
Chula Vista, CA 919:0
He: Annual Assessment for Maintenance Pl1blic Hearing
Dear Sir/Madame:
We are the owners of the residence located at 1339 ~resa Grac~,~
Place, Chula Vista, CA 91910. In response to the notice of the
city Council's intent to levy the annLal assessment for
maintencance of the Open Space District areas, we wish to vote
"NO" on the inc;rease of the assessment.
As an administrative matter, please change your records to
reflect our c:orrect maj !~Jlg address, as follows:
Barry M. & Linda C. Dodson
13614 Dornoch Drive
Orlando, Florida 32828-8802
Sincerely,
~~ /.7-.
Barry M. Dodson
,j '-1J.A e '1~-L~A;l\-,
& Linda C. Dodson
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COWlY AUDITOII OF "'" _ COUIIT'I
~MENDED DIAGRAM
EASTLAKE MAINTENANCE DISTRICT NO.1
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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DIMENSIONS Of INDIVIDUAL PARCELl.
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EASTLAKE MAINTENANCE DISTRICT NO. I
SHEET NO.2 Of S
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COUNCIL AGENDA STATEMENT
Item dO
Meeting Date 07/13/93
ITEM TITLE:
Public Hearing for the Consideration of Granting a Franchise to
Laidlaw Waste Systems, Inc. for Multi-family Recycling Collection
Services.
Ordinance ~a~Amending Ordinance No. 1993, As Amended, By
Modifying the Terms of the Laidlaw Waste Systems, Inc. Franchise to
Require Collection of Recyclable Materials from Multi-family
Residences within the City ofChula Vista and to Resell Said
Materials.
SUBMITTED BY:
REVIEWED BY:
Conservation Coordinator ilL!>
fl/L--((.
City Manager 1"" j
(4/5ths Vote: Yes_NolL)
Referral #2720
At the June 22nd meeting, Council approved the resolution giving notice of intent to grant
a franchise for the multi-family recycling program collection services to be provided by
Laidlaw Waste Systems and selling July 13, 1993 as the date for the public hearing. As
directed, staff has noticed the public hearing in conformance with the Charter-required
process for granting a franchise. The report further describes the proposed franchise to
allow for Council and public input during the public hearing.
RECOMMENDATION: Hold the public hearing, take testimony, close the hearing and
place the ordinance on first reading.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission discussed the draft franchise ordinance at their May 19th 1993 meeting and
unanimously (4-0-2) supported a motion to recommend to Council that the franchise
ordinance be approved. Minutes of the meeting were attached with the June 22nd
Council Report.
DISCUSSION:
At the April 13th meeting, Council approved in concept a proposed multi-family recycling
program with collection services to be provided by Laidlaw Waste Systems. On June 22nd,
Council approved the notice of intent to grant a franchise to allow for full implementation
of recycling at all multi-family complexes in the City (approximately 22,000 residences).
The franchise ordinance, as proposed with certain amendments requested by Council at
the June 22nd meeting, is contained as Allachment A. The specific amendments
requested by Council are discussed in detail further on in this report.
.)f) -J
Summary of the Proposed Multi-Familv Residential Franchise
Laidlaw personnel. A Laidlaw staff member will be assigned to the multi-family recycling
program, not less than half-time.
Collection. All materials designated under the mandatory recycling ordinance will be
collected on a weekly basis.
Containers. Each multi-family unit will receive a 6-gallon "apartment recycler" bin;
complexes will be provided with an appropriate number of three-yard bins and/or 90 gallon
carts, depending on space constraints. Replacement of bins for new tenants (estimated
at 20 percent per year) has been built into the estimated program costs. In order to
encourage complex owners and managers to ensure that the bins remain with the
residential unit, staff has put the following clause into the franchise ordinance:
(Section 3 B.3) "Replacement of containers that are stolen and/or damaged
shall be made at no cost to the resident at Grantee's discretion, up to one
per Unit. If a Unit requires an additional interior container beyond the
maximum of two allowed, the property owner, manager or designated agent
there of, may purchase additional interior containers from the Grantee at a
cost not to exceed the market price of the container and a reasonable
handling charge. Grantee will be responsible for keeping records and making
them available to the City regarding additional containers requested, and the
reason for the request, e.g., damaged, stolen, needed to handle residence
recyclables beyond capacity of one container, etc."
Education. $.10 per unit (i.e., individual multi-family residence) per month has been
allocated for ongoing promotional activities. Laidlaw will conduct the promotional activities
under direction of City staff.
Term. Similar to the franchise ordinance for the curbside recycling program, the proposed
length of franchise will be until the year 2002 (8 year term). However, this term is subject
to a two year notice of intent to cancel the franchise that may be given at any time by the
City without cause, following the initial three year term of the program. As discussed in
the Council report for the June 22nd meeting, Laidlaw has used an average amortization
schedule of 7 years, at their risk. They have used a 5-year amortization schedule for
interior containers and related start-up costs and have used a 10-year amortization
schedule for exterior containers and vehicle costs assuming that the franchise will be
extended at least two years beyond the five year minimum and therefore have quoted a
$1.50 per unit per month rate charge.
Unamortized vehicle clause. As Council may recall, Laidlaw has asked that, if the City
decides for some reason to abandon completely its source-separated recycling program
(e.g., to go to a mixed-waste system where recyclables are not separated from trash for
collection at the curb, but are instead taken to a facility and sorted), at no fault of
Laidlaw's, during the initial period of the franchise, that an appropriate rate adjustment
2
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provision be included in the franchise to provide for any unamortized vehicle costs, due
to the specialized nature of the vehicles and the relatively high cost. Laidlaw is amortizing
the vehicles over the 10 year period in order to keep costs lower for the program. Staff
has included the following clause in the proposed ordinance:
"If during the initial period of the franchise, or any extension thereof, the City
discontinues the separate collection of multi-family recyclables and reverts
to a mixed waste processing system for commingled collection of waste and
recyclables, the City agrees to allow a rate adjustment to permit the Grantee
to recover the loss incurred on the sale of vehicular equipment specifically
purchased to meet the Grantee's obligations under this ordinance. Such loss
will be calculated by deducting the realizable market value of the equipment
from a reasonable depreciated book value of the equipment at the time of
the sale of equipment."
Proposed fee. The net charge per apartment unit (Le., individual residence) for the
proposed multi-family recycling program is $1.50. Currently, the single-family residential
recycling fee is $1.10. As previously outlined, the difference in costs are reasonable and
justified because of the higher costs associated with multi-family recycling. As with the
single-family curbside program, the rates for multi-family recycling will be reviewed on an
annual basis. If the actual costs for operating the program are under what they are
estimated, the fee would be adjusted accordingly in the subsequent rate period.
The cost of the multi-family program has been derived using the same formula used for
the single-family program, where program participants get the benefit of revenues from
the sale of materials and credit for the amount of recyclables not going to the landfill. The
estimated cost breakdown is contained in the chart below, with a comparison to the single-
family recycling program. (NOTE: Estimated single-family material sales and landfill
diversion credits were established during the rate review last conducted in August 1992.
These components should not be compared directly to the multifamily rate components,
which have been estimated based upon expected participation. These estimates would
be reviewed yearly based upon actual program data.)
Single Family Multi-family
Total Service Cost $1.88 $2.00
Est. Materials Sales (0.31) (0.20)
Est. Landfill Diversion (0.45) (0.30)
County Grants (0.02) (0)
Net Resident Cost $1.10 $1.50
Attachment B contains an updated rate survey for multi-family recycling in the San Diego
County region.
3
.2.~ -3
Landfill Diversion Credit. The proposed franchise ordinance includes a clause that allows
for reducing the landfill diversion credit amount to something less that 100 percent (to be
negotiated between the City and Laidlaw) with the intent to provide an economic incentive
for Laidlaw towards increasing program participation and success. This was approved by
the Council in the single family recycling program and is repeated in this ordinance. It is
not binding on Council, but the Council should be advised that this issue could be revisited
in future negotiations.
Amendments to the Franchise Made bv Council and Proposed bv Laidlaw
At the June 22"d meeting approving the resolution of intent to grant the franchise, Council
amended the proposed franchise to include a clause that requires Council to vote on
franchise fee increases for the Multi-family Recycling Program. Additionally, Laidlaw has
requested two minor clauses for the clarification purposes.
Franchise fees. Staff included a franchise fee clause in the ordinance similar to that which
is contained in the single family curbside recycling program franchise (i.e., starting at 8
percent of gross receipts). However, Council directed that the ordinance be amended to
require that any increases to the franchise fee be allowed only upon Council approval.
Staff has made the appropriate changes to the clause, as follows:
"Additional Franchise Fee - The Grantee, as part of the consideration of this
ordinance, agrees to pay to the City an additional franchise fee at a rate
consistent with that paid for refuse collection and detailed in Section 4
Consideration of the Franchise, as amended by Ordinance 2104. This rate
will begin at eight percent (8%) of the annual Gross Receipts collected by
said Grantee within the City of Chula Vista from residents for the Multi-family
Recycling Program within the City, and increase by one-half (1/2) percent in
accordance with the refuse and sinale-family recyclina franchise fee
increases. However. said franchise fee increase must be approved by City
Council. Beginning .'\J3ril 1, 1991, the franchise fee shall 13e incroased by
ane half percent (1/2%) and one half percent (1/2%) cash I\pril thereafter
llntil it reaches a maxiFRl,lFR af ten percent. It is understood that any such
increase in the franchise fee by the City shall be cause for the Grantee to
increase charges in order to "pass through" the cost of the franchise fee."
During the annual rate review process for all of Laidlaw's refuse and recycling services,
the one-half (1/2) percent increase in franchise fees is always highlighted for Council's
attention so that a conscious decision may be made on increasing the fee and passing
the cost through to ratepayers. Council action to add new programs by Laidlaw, at any
time other than during the annual rate review period, requires special attention to
integrating the new program costs into the overall rate.
The next annual rate review, to be brought to Council in the near future, will include
refuse, single-family recycling and the recent landfill disposal costs. At that time, if the
franchise fee on the total rate is increased from 8 to 8 1/2 percent by Council, Laidlaw has
4
,)1)"0/
agreed to pay the increased 1/2 percent on multi-family recycling receipts to the City
without passino throuoh the increase to the rate paver.
This arrangement allows the new program to be implemented in the middle of the annual
rate review cycle with no impact on the rate payer. Since franchise fees are calculated
quarterly based on gross receipts, it is operationally difficult to separate certain gross
receipts to be paid at different franchise levels. In subsequent annual rate review cycles,
starting in 1994, the combined rate and franchise fee under consideration will be for refuse
and all recycling programs previously implemented.
Clarification of educational activitv fundino. Under the terms of the ordinance, $.10 is
designated for educational activities. The cost of all start-up promotional materials will be
included in this allocation. The cost could be reduced, eliminated or increased in
subsequent years should the City not deem it necessary. However, a provision in the
ordinance allows it to continue at the City's direction. In the clause below, from Section
B.6 of the ordinance, Laidlaw has asked for a clarification of its duties as required for
educational activities and the funding source for said activities. Staff believes that it was
always the intent of the section and that placing the additional clause in does not deviate
from the intent, however, the City Attorney advises that Council should be aware that this
is proposed by Laidlaw apparently as a limitation on the source of funds.
"The Grantee and the City agree that the main purpose of an aggressive
public education program is to increase participation and diversion, as well
as limiting contamination of Franchised Recyclables. Beginning in the
second year, if, in the City's judgement, it is reasonably determined that the
public education effort has not resulted in high enough Program interest, the
Grantee will perform reasonable public education activities at the City's
direction at a cost to the Grantee not to exceed $.10 per Unit per month. If
needed, as part of the educational activities. as determined by the City with
input from the Grantee,the Grantee aRE! tt-Je City, the Grantee will develop
incentives to increase participation, such as, offering rewards for complexes
that have high participation levels and high tonnage levels."
Fundino Sources. The Residential Multi-family Recycling Program will be funded by four
sources: a monthly recycling fee to all eligible residents (to be billed to the property
manager or resident, as with refuse billings); Net revenues from the sale of collected
recyclable material; savings in disposal cost of material diverted from the landfill; grant
funds when available and awarded. In section 01 (a) of the ordinance, Laidlaw has asked
for a clarification that states that the revenues received from the sale of collected
recyclables are net and not gross revenues. Staff agrees that the intent of the clause was
to be net revenues, as stated in paragraph 01 of the ordinance, and as in the proposed
amendment to the ordinance below.
"A monthly recycling fee, charged to eligible residents is the primary source of
funding for this program. In general, it will be allocated equally among the
customer base, as determined by Section 0.2 below, receiving said Recycling
5 __
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Collection services and will be determined by the Grantee's operating expenses
directly attributable to the recycling program, less: revenues received from the sale
of the collected Recyclables net of orocessina and brokerina fees, the savings
realized in disposal costs of material diverted from the landfill and any grant funds
received for the program."
FISCAL IMPACT: The proposed Multi-family Recycling Program service charges, set at
$1.50 per unit per month, will be paid by the rate payers and there will be no direct City
cost. The rate includes a proposed 8 percent franchise to be paid to the City, and
additional franchise fees to the City can be anticipated at approximately $31,600 per year.
Additionally, once the Multi-family Recycling Program is implemented, the City is eligible
to receive Tonnage Grant monies from the County of San Diego, in the same manner as
for the Single-Family Recycling Program. These grant monies are now budgeted at $7.75
per ton of recyclables collected from residential recycling programs. Currently the City
receives approximately $35,000 per year from the Tonnage Grant program.
6
~IP-t
ORDINANCE NO. ,,2.51,:<
Attachment A
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 1993, AS AMENDED, BY MODIFYING THE TERMS
OF THE LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO REQUIRE
COLLECTION OF RECYCLABLE MATERIALS FROM MULTI-FAMILY
RESIDENCES WITHIN THE CITY OF CHULA VISTA AND TO RESELL
SAID MATERIALS.
The City Council of the City of Chula Vista does ordain as follows:
SECTION 1: That Section 1 of Ordinance No. 1993, as has been amended from
time to time, is hereby amended to read as follows:
"Section 1. Definitions.
Whenever in this ordinance the words or phrases hereinafter in this
section defined are used, they shall have the respective meaning assigned to
them in the following definitions (unless in the given instance, the context
wherein they are used shall clearly import a different meaning):
A. "Aluminum" means recoverable aluminum materials such as used
beverage containers, siding, screening, and other manufactured items.
B. "Bulky Waste" means large items of solid waste such as White
Goods, furniture, large auto parts, trees, stumps and other oversize wastes
whose large size precludes or complicates their handling by normal collection,
processing or disposal methods.
C. "Buy-back Center" means a facility which pays a fee for the delivery
and transfer of ownership to the facility of source separated materials for the
purpose of recycling, mulching or composting.
D. "City" shall mean the City of Chula Vista, a municipal corporation of
the State of California in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
E. "Collection" means the act of collecting Solid Waste materials, or
Recyclables at Residential, commercial, industrial, or governmental sites, and
hauling it to a facility for processing, transfer, disposal or burning.
F. "Contract or Franchise Agent(s)" means any person or entity
designated by the City Council pursuant to Article XII of the City Charter and
Chula Vista Municipal Code, Chapter 8.24, as being responsible for
,).1) -7
Chula Vista Municipal Code, Chapter 8.24, as being responsible for
administering, directing, supervising, collecting, operating and/or providing for
the disposal or transfer of refuse, or the collection and/or processing of
Designated Recyclables.
G. "Curbside Collection" means the collection of Designated Recyclables
from the Residential waste stream from the curb or alleyway. May include
single-family, Multi-family residences and mobile home trailer courts that
receive curbside collection of refuse or that are otherwise specially designated
as having curbside collection.
H. "Designated Recycling Collection or Storage Location" means a place
designated by the City Manager in conjunction with the Contract or Franchise
Agent(s) for pick up or storage of recyclables segregated from other waste
material. Designated Recycling Collection or Storage Locations include, but are
not limited to, the curbside of a Residential neighborhood; the service alley,
loading dock, or basement of a commercial enterprise or Multi-family complex.
I. "Designated Recycling Containers" ("Containers") shall mean those
containers or receptacles designated by the City Manager or its Contract or
Franchise Agent for pick-up or storage of Designated Recyclables.
J. "Designated Recyclables" means materials that are recyclable,
reclaimable, and/or reusable within the following categories of Residential,
commercial and industrial and as defined more specifically herein within each
category. Any material having an economic value on the secondary materials
market or that is otherwise salvageable shall be included and/or other materials
that have been separated from other Residential, commercial, or industrial Solid
Waste for purposes of being recycled for resale and/or reuse, and placed at a
Designated Recycling Collection or Storage Location or in a Designated
Recycling Container for the purpose of collection and processing, or any such
Designated Recyclables materials collected under a Mixed Waste Processing
program.
K. "Exterior Recycling Containers" means Designated Recycling
Containers to be used for outside storage of Franchised Recyclables.
L. "Franchised Recyclables" means any Residential Recyclables, as
defined herein and by CVMC Chapter 8.25, placed in Designated Recycling
Containers placed at Designated Recycling Collection or Storage Location(s) to
be collected by the Grantee, excluding yard waste.
M. "Garbage" means all kitchen and table waste, and animal or
vegetable waste that attends or results from the storage, preparation, cooking,
or handling of food stuffs, except organic wastes separated therefrom and used
in composting in accordance with Chula Vista Municipal Code Chapter 8.25,
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Section 8.35.090.
N. "Glass Bottles and Jars" means food and beverage containers made
from silica or sand, soda ash and limestone, the product being transparent or
translucent and being used for packaging or bottling, including container glass
designated redeemable under the California Beverage Container Recycling and
Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the
California Public Resources Code, as well as glass jars and bottles without
redeemable value ("scrap"), but excluding household, kitchen, and other
sources of non-container glass such as drinking glasses, ceramics, light bulbs,
window pane glass, and similar glass products that are not bottles or jars.
O. "Grantee" shall mean Laidlaw Waste Systems, Inc. and its lawful
successors or assigns.
P. "Gross Receipts" shall mean all gross operating revenues received by
Grantee from the collection and disposal of refuse or collection and sale of
recyclable materials.
Q. "Interior Recycling Containers" means a small (approximately 6
gallon) Designated Recycling Container to be provided to each eligible
residential customer in the Multi-family Recycling program.
R. "Landfill" means a disposal system by which solid waste is deposited
and compacted before burial in a specially prepared area which provides for
environmental monitoring and treatment.
S. "Mixed Waste Processing" means a system of recovering recyclables
from the mixed waste stream through separation at a processing facility,
transfer station, Landfill, or other such facility instead of separation at the
waste generation source.
T. "Multi-family" means a structure or structures containing a total of 3
or more dwelling units in any vertical or horizontal arrangement on a single lot
or building site.
U. "Newspaper" means newsprint-grade paper including any inserts that
come in the paper, and excluding soiled paper, all magazines, and other
periodicals, telephone books, as well as all other paper products of any
nature.
V. "Nuisance" means anything which is injurious to human health, or is
indecent or offensive to the senses, and interferes with the comfortable
enjoyment of life or property, and affects at the same time an entire community
or neighborhood, or any number of persons, although the extent of annoyance
or damage inflicted upon the individual may be unequal, and which occurs as
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a result of the storage, removal, transport, processing, or disposal of Solid
Waste, compost, and/or Designated Recyclables.
W. "Plastic Bottle" means a plastic container with narrow neck or mouth
opening smaller than the diameter of the container body, used for containing
milk, juice, soft drinks, water, detergent, shampoo or other such substances
intended for household or hospitality use; to distinguish from non-bottle
containers (e.g., deli or margarine tub containers) and from non-household
plastic bottles such as those for containing motor oil, solvents, and other non-
household substances.
x. "Processing" means the reduction, separation, recovery, conversion,
or Recycling of Solid waste.
Y. "Recycling" shall mean any process by which materials which would
otherwise become Solid Waste are collected (source separated, commingled,
or as "mixed waste"). separated and/or processed and returned to the
economic mainstream in the form of raw materials or products or materials
which are otherwise salvaged or recovered for reuse.
z. "Refuse" means Garbage and Rubbish.
AA. "Removal" means the act of taking Solid Wastes or Designated
Recyclables from the place of generation either by the Contract or Franchise
Agent(s), or by a person in control of the premises.
BB. "Removal Frequency" means frequency of removal of Solid Wastes
or Recyclables from the place of generation.
CC. "Residential" for purposes of this Chapter, means any building or
portion thereof designed or used exclusively as the residence or sleeping place
of one or more persons, including single and multiple family dwellings,
apartment-hotels, boarding and lodging houses. Residential does not include
short-term residential uses, such as motels, tourist cabins, or hostels which are
regulated as Hospitality establishments as defined in Sub-Section U of CVMC
Chapter 8.25.
DD. "Residential Recyclables" means those specific recyclable materials
from Residential Solid Waste (single family and multi-family) including, but not
limited to, Aluminum, Glass Bottles and Jars, Newspaper, Plastic Bottles, Tin
and Bi-Metal Cans, White Goods, and Yard Waste.
EE. "Rubbish" means non-putrescible solid wastes such as ashes, paper,
yard clippings, glass, bedding, crockery, plastics, rubber by-products or litter.
Such materials that are designated as Recyclable or Compost may be exempt
from categorizing as rubbish provided such materials are handled, processed
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and maintained in a properly regulated manner.
FF. "Scavenging" means the uncontrolled and/or unauthorized removal
of Solid Waste, Designated Recyclables or recoverable materials.
GG. "To Segregate Waste Material" means any of the following: the
placement of Designated Recyclables in separate Containers; the binding or
bagging of Designated Recyclables separately from other waste material and
placing in a separate container from Refuse, or the same Container as Refuse;
the physical separation of Designated Recyclables from other waste material
(either at the generating source, Solid Waste transfer station, or processing
facility) .
HH. "Solid Waste" means all putrescible and nonputrescible solid, semi-
solid and liquid wastes, such as Refuse, Garbage, Rubbish, ashes, industrial
wastes, demolition and construction wastes, abandoned vehicles and parts
thereof, discarded home and industrial appliances, manure, vegetable or animal
solid and semi-solid wastes, also includes liquid wastes disposed of in
conjunction with Solid Wastes at Solid Waste transfer/processing stations or
disposal sites, but excludes: sewage collected and treated in a municipal or
regional sewage system or materials or substances having commercial value or
other importance which can be salvaged for reuse, Recycling, composting or
resale.
II. "Storage" means the interim containment of Solid Wastes, Yard
Wastes, or Recyclables in an approved manner after generation and prior to
disposal, Collection or processing.
JJ. "Streets" shall mean the public streets, ways, alleys and places as
the same now or may hereafter exist within said City, including state highways
now or hereafter established within said City.
KK. "Tin and Bi-Metal Cans" means any steel food and beverage
containers with a tin or Aluminum plating.
LL. "Transfer or Processing Station" means those facilities utilized to
receive Solid Wastes and to temporarily store, separate, convert, or otherwise
process the Solid Waste and/or Recyclables.
MM. "Unit" means an individual residence contained in a Residential
Multi-family complex.
NN. "White Goods" means kitchen or other large enameled appliances
which includes, but is not limited to, refrigerators, washers, and dryers.
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00. "Yard Wastes" means leaves, grass, weeds, and wood materials
from trees and shrubs from single family and multi-family Residential sources
(to include landscape haulings from residential sources). 1/
SECTION 2: That Section 2 of Ordinance No. 1993, as has been amended from
time to time, is hereby amended to read as follows:
"
Section 2. Purpose.
The franchise to collect and dispose of Refuse and to collect Residential
Recyclables, excluding Yard Waste, from single family and Multi-family
dwellings within the City of Chula Vista in the manner and on the terms herein
specified and to use for such purposes the Streets, ways and places within said
City is hereby granted to Laidlaw Waste Systems, Inc. its successors and
assigns. "
SECTION 3: That a new Section 22 is added to Ordinance No. 1993, as has
been amended from time to time, which new Section 22 shall read as follows:
"
Section 22. Residential Multi-family Recycling Services
Grantee shall provide Residential Recycling services to all Multi-family
dwellings within the territory of the City as follows:
A. Exclusivity - The City grants to Grantee, for the term herein specified
and subject to such terminations herein allowed, the exclusive right to
collect Residential Recyclables, excluding Yard Waste, deposited in
Designated Recycling Containers (or alternatively, "Containers") located
at Designated Recycling Collection or Storage Location(s) as may be
identified on each Multi-family residential parcel within the City. This
grant of exclusive license is not intended and does not preclude duly
licensed non-profit organizations and community groups from conducting
recycling programs for the purpose of raising funds, nor does it preclude
a person from selling or otherwise disposing of their own Recyclables at
a Buy-back Center or for donation, so long as said collection, donation
or sale does not occur at the Designated Recycling Collection or Storage
Location. However, once the Residential Recyclables have been placed
in the Designated Recycling Containers provided by the Grantee, the
material ("Franchised Recyclables") becomes one of the subject matters
of this grant of franchise. The Grantee agrees to cooperate with the City
in reaching a modification to this ordinance to the extent required by law
1. When codified, you can say the following to incorporate other definitions by reference:
"Capitalized terms used herein not herein in this Chapter specifically defined
shall have the meaning specially ascribed to them as set forth in Chapter 8.25."
co
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at anytime it should be deemed necessary in the future.
B. Obligations of Grantee
1. Implementation Schedule - Grantee shall commence and
diligently implement this franchise Citywide from the date of this
franchise so that all multi-family residential complexes in the City
have Recycling Collection service by October 1, 1993 in
accordance with the City's mandatory recycling ordinance,
Chapter 8.25 of the Chula Vista Municipal Code.
2. Collection - Grantee shall furnish said labor, services, mater-
ials and equipment required to perform this franchise.
Grantee shall provide Collection and Removal services for all
Franchised Recyclables subject to the provisions of this ordinance
which are placed in Designated Recycling Containers at
Designated Recycling Collection or Storage Locations, as defined
by the City of Chula Vista Municipal Code Chapter 8.25,
segregated from Refuse, separated by commodity as outlined
herein, from all Multi-family residences. Grantee shall collect the
Franchised Recyclables not less than once per week and provide
any additional Collection as shall be necessary to prevent overflow
of the Exterior Recycling Containers, regardless of weather
conditions. Collection will be on regularly scheduled days as shall
be arranged with the building property owner, manager or
designated agent thereof. The Grantee and the City will mutually
. agree to any changes in Collection schedule frequencies or
Removal Frequency. Grantee will notify the building property
owner, manager or, designated agent thereof, of any changes in
Collection day(s) by written notification no later than two weeks
prior to the affected day, to be enforced nine months from the
date of this ordinance.
Design of Collection vehicles shall be done to limit the
contamination and maximize the resale value of collected
Franchised Recyclables. Any and all changes to the established
means of Collection of Franchised Residential Recyclables, as
herein outlined, shall be notified to the City in advance, including
any changes in the way that the Franchised Residential
Recyclables are collected (separated and/or commingled), design
of vehicles, etc.
3. Containers - Grantee shall purchase and distribute Designated
Recycling Containers, to include the following: a. Interior
Recycling Containers. An appropriate Container to be used inside
7..
021) -JJ
the Residential Unit, shall be provided to each eligible Residential
customer included in the Multi-family Recycling program. The
type of Container to be used or changes of Container type shall be
approved by the City prior to purchase and distribution. Grantee
shall retain ownership of the Containers.
Replacement of Containers that are stolen and/or damaged shall
be made at no cost to the resident at Grantee's discretion, up to
one per Unit. If a Unit requires an additional Interior Recycling
Container beyond the maximum of two allowed, the property
owner, manager or designated agent thereof, may purchase
additional interior Containers from the Grantee at a cost not to
exceed the market price of the Container and a reasonable
handling charge.
Grantee will be responsible for keeping records and making them
available to the City regarding additional Containers requested,
and the reason for the request, e.g., damaged, stolen, needed to
handle residence recyclables beyond capacity of one Container,
etc.
b. Exterior Recycling Containers. An appropriate Container(s) shall
be provided for use at each Multi-family complex that meets the
space restraints and Collection needs of the respective complex
and the residents therein. Said Containers may include 90 gallon
carts on wheels, 2 cubic yard bin or 3 cubic yard bin. Each
container shall conform to the following: slots in lids for
placement of beverage containers (circular holes of appropriate
sizes) and newspaper (narrow slots of appropriate size); plastic
containers should include recycled plastic content; be fire
resistent; be of durable quality and warranty; be heat stamped or
labeled for commodity; be clearly labeled on the lids and the front
facing of the bin, in Spanish and English (with graphics) as to the
Designated Recyclable(s) and "No Trash"; be clearly labeled with
the Grantee's name and phone number.
Grantee agrees to provide to each Multi-family complex at least
one Exterior Recycling Container per complex for commingled hard
recyclables (Aluminum cans, Glass Bottles and Jars, Plastic
Bottles and Tin and Bi-Metal Cans) and one Exterior Recycling
Container for Newspapers or alternatively at least one, 2- or 3-
yard divided bin that effectively separates commingled hard
recyclables from Newspapers. To the extent possible, Exterior
Recycling Containers will be required to be placed adjacent to or
near the Refuse Collection containers.
1
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4. Transportation and Marketing of Franchised Recyclables -
Grantee shall transport collected Franchised Recyclables to a
central collection and Processing point and shall retain
responsibility for the sale of such materials in a timely and
efficient manner, so as to yield the highest possible market value
for the Franchised Recyclables as collected and in accordance
with any Processing contract held by the Grantee. No
noncontaminated Franchised Recyclables shall be Landfilled,
unless approved by the City. Should market failure occur for one
or more material types, only the City Manager (or designee) of the
City of Chula Vista may decide not to collect the affected
material. All written contracts, if any, with processors, recyclers
or other buyers of Franchised Recyclables shall be submitted to
the City.
Franchised Recyclables that are contaminated due to the
placement of Refuse in a Designated Recycling Container, or
inclement weather that leaves the Franchised Recyclables
unmarketable, may be landfilled. The Grantee shall retain a record
of such occurrences and report said occurrences to the City on a
quarterly basis. Should contamination occur more than twice at a
single complex said complex shall be notified. Should
contamination occur at a complex three or more times, the
complex shall be notified and charged the necessary disposal fee
for dumping the contaminated recyclables as Refuse at the
Landfill.
5. Missed Pick-ups - In case of missed pick-up called in by a
property manager, owner or designated agent thereof, Grantee
shall, where possible, provide Collection within 24 hours. If unable
to accommodate due to inadequate notice, the Franchised
Recyclables shall be picked-up on the next scheduled collection
day and the property manager is to be notified. If the Designated
Recycling Containers are overflowing or otherwise creating a
Nuisance as a consequence of a missed pick-up, the Grantee is
required to provide Collection within 48 hours of notification of
missed pick-up. Information on missed pick-ups shall be logged
by Grantee and shall be available to the City.
6. Public Awareness Program - The parties hereto agree to work
diligently to formulate promotional plans and/or advertising to
encourage Recycling in the City and thereby maximize the mutual
benefits of this ordinance. The Grantee, in conjunction with the
City, is responsible for promotion, education and outreach
activities related to the program. The Grantee will prepare an
Introductory packet of information regarding the Citywide Multi-
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eJ.t) '1-5'
family Recycling program and will distribute such packet with the
Interior Recycling Containers to each eligible residence. The
packet shall include, but not be limited to: a) an informational
notice, appropriate for hanging on refrigerator or other location
indoors, that details all program elements, Recyclables to be
collected, how residents can participate, use of the Interior
Recycling Container, proper placement of Recyclables in Exterior
Recycling Containers, the City's mandatory recycling ordinance
and recycling hotline phone number; b) posters that can be placed
in complex laundry rooms, pool areas and other public locations
that explain the program, materials to be collected, description of
program elements, the City's mandatory recycling ordinance and
recycling hotline phone number.
All promotional materials shall be developed with the City's
Conservation Coordinator's or other designated City employee's
advise and consultation, from the first step in development,
through the final printing and distribution of materials. No
materials shall be developed or distributed without the approval of
the Conservation Coordinator or other designated City employee.
All Introductory Materials shall be fully translated into Spanish,
unless otherwise approved by the City. All subsequent materials
shall be fully or at least partially translated into Spanish, unless
otherwise approved by the City. All program materials shall utilize
graphic representation of Designated Recyclables.
The Grantee shall provide to the City a detailed outline of program
promotional materials to be developed and outreach activities to
be conducted in advance of program implementation. The
Grantee will participate in community and school outreach
activities during the initial phase of program implementation and
provide ongoing outreach activities, to include, but not be limited
to, Multi-family tenant and owner associations, community
events, media events, make presentations to community groups
and businesses on an as needed basis and as directed by the City,
and attend County-wide meetings related to recycling, speaking
on the City's Multi-family Recycling Program if needed and
directed by the City. The Grantee also agrees to reasonably assist
in developing incentives to increase participation and tonnage
collected, and to encourage involvement of community and youth
groups.
The Grantee and the City agree that the main purpose of an
aggressive public education program is to increase participation
and diversion, as well as limiting contamination of Franchised
Recyclables. Beginning in the second year, if, in the City's
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judgement, it is reasonably determined that the public education
effort has not resulted in high enough Program interest, the
Grantee will perform reasonable public education activities at the
City's direction at a cost to the Grantee not to exceed $.10 per
Unit per month. If needed, as Dart of the educational activities,
as determined by the Citv with inout from the Grantee. the Crantee.
anE! tlge City, the Grantee will develop incentives to increase
participation, such as, offering rewards for complexes that have
high participation levels and high tonnage levels.
The Grantee agrees to provide technical assistance to property
owners, managers or designated agent thereof and work with the
City to provide said technical assistance for Program design and
implementation. The Grantee agrees to work with the City to
provide ongoing Program monitoring services and quality control
to prevent contamination of materials and encourage participation
to property managers, to include on-site visitations, as deemed
necessary by the Grantee and/or the City.
The Grantee will provide to the City a quarterly accounting of all
outreach activities conducted during the previous quarter. The
Grantee will also provide an accurate accounting of all costs
associated with Program outreach, to include, but not be limited
to, costs for designing of outreach materials, printing of outreach
materials, etc.
7. Local Manager - The Grantee shall at all times during the term
of this ordinance have a local manager charged with the
responsibility for supervision of the recycling operations and
obligations of the Grantee and agrees to provide, at a minimum,
one (1), half-time person directly assigned to the Multi-family
Recycling Program, whose duties are to include: promotional
material development and distribution; program monitoring
(including on-site visitations); educational outreach to school
children; community outreach.
8. Anti-scavenging - The Grantee agrees to provide information to
all property owners, managers or designated agents thereof
regarding the City's anti-scavenging ordinance and how to report
scavenging occurrences. The Grantee agrees to inform all of its
employees of the City's anti-scavenging ordinance on a regular
basis and how said employees shall report scavenging
occurrences.
C. Obligations of the City - Subject to the provisions of Paragraph
85 of this ordinance, the City shall have lead responsibility for
II
020"/7
directing the development and expenditures of the public
awareness activities for the Multi-family Recycling Program. The
City also agrees to take such steps as may be reasonably
necessary to protect the Franchised Recyclables placed in the
Designated Recycling Collection or Storage Containers placed in
the Designated Recycling Collection Location(s) for collection by
Grantee under the terms of this ordinance and shall reasonably
enforce the City's anti-scavenging ordinance (CVMC, No. 2492).
If during the initial period of the franchise, or any extension
thereof, the City discontinues the separate collection of multi-
family recyclables and reverts to a Mixed Waste Processing
system for commingled collection of waste and recyclables, the
City agrees to allow a rate adjustment to permit the Grantee to
recover the loss incurred on the sale of vehicular equipment
specifically purchased to meet the Grantees obligations under this
ordinance. Such loss will be calculated by deducting the realizable
market value of the equipment from the reasonably depreciated
book value of the equipment at the time of the sale of equipment.
D. Funding and Rates for Collection
1. Funding Sources - The Residential Multi-family Recycling
Program will be funded by four sources: a monthly recycling fee
to all eligible residents (to be billed to the property manager or
resident, as with refuse billings); Net revenues from the sale of
collected recyclable material; savings in disposal cost of material
diverted from the landfill; grant funds when available and
awarded.
a. A monthly recycling fee, charged to eligible residents is the
primary source of funding for this program. In general, it
will be allocated equally among the customer base, as
determined by Section 0.2 below, receiving said Recycling
Collection services and will be determined by the Grantee's
operating expenses directly attributable to the recycling
program, less: revenues received from the sale of the
collected Recyclables net of Drocessina and brokerina fees,
the savings realized in disposal costs of material diverted
from the landfill and any grant funds received for the
program.
b. All collected Recyclables will be sold at fair market value,
as outlined in Section 8.3 above, and net revenues obtained
from such sales shall be retained by Grantee as an offset
against operating expenses. The City shall be notified of
I~
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significant changes in fair market values in writing as part
of the quarterly reporting requirements.
c. Recyclables collected in the Program will be diverted from
disposal in the landfill, thereby resulting in a cost savings to
the Grantee ("Landfill Diversion Credit"). On a monthly
basis, Grantee will determine the recycled material tonnage
collected and the resulting Landfill Diversion Credit based
on the landfill disposal cost approved by Council for refuse
collection rates and will credit this savings during the first
year of operation as an offset against operating expenses.
When reevaluating program costs in subsequent years, the
City agrees to consider Landfill Diversion Credits of less
than 100 percent. The amount will be subject to
negotiation and the intent is to provide an economic
incentive for the Grantee towards increased participation
and program success.
d. Any grant funds received will be applied to the costs of the
Program when award is noticed or during the next rate
review procedure if the award takes place once a specific
rate has been determined, with the intent of directly
reducing the monthly fee to the rate payer.
2. Rates for Collection - it is the City's intent to ensure that the
rates charged to the citizens for the Multi-family Recycling
Program are appropriate and equitable. The monthly fee of $1.50
per unit will be the established fee for the period of July 1, 1993
through March 31, 1994, billed in the same manner as the refuse
collection fee.
Specific rate review procedures will be used by the City which are
consistent with the procedures used for normal Refuse Collection.
Rate review will consider adjustments for actual sale of
Recyclables and Landfill Diversion Credits in previous period
compared to original estimated amounts. Shortfalls or overages
will be used in determining rates for upcoming periods. Rate
review will be conducted as referenced in Section 9 of the
Franchise as amended, including the amendment created by
Ordinance No. 2104, Rates for Collection. An increase in rates
for Multi-family Recycling services will be subject to the same
limitations and conditions for Refuse Coliection rates listed in
Section 9.
E. Record Keeping and Reports - Grantee agrees to accurately record
collection data sufficient to comply with the reporting
requirements delineated below and shall file with the City written
quarterly and annual reports of Grantee's performance under this
ordinance as follows:
~ ~1J'if:j
1. Quarterly Program Reports - Within fifteen (15) working days
after the last day of each quarter, Grantee shall submit a Quarterly
Program report to include, but not be limited to, the following:
a. Tonnage summaries of all Franchised Recyclables
Recovered, by material and including a revenue statement
of all sales of Franchised Recyclables from the Program, by
material.
b. Market price for all Recyclables collected from the Multi-
family Recycling Program and sold by the Grantee and/or its
processor assignee. The weight receipts and market value
for material at the time sold shall be available for inspection
by the City.
c. Total number of customers served in the Program and
resident participation rates in terms of an overall Program
average. Any increases to the number of customers
serviced shall also be reflected.
d. Discussion of problems and noteworthy experiences in the
Program operation, to include specifically contamination
occurrences, listed by complex. Grantee agrees to monitor
each complex at least once per year in order to reflect
general participation by complex residents, contamination
problems, other problems and assess need for additional
public outreach activities.
e. Report of all education and community outreach efforts
conducted during the quarter.
f. Overall assessment of performance during the quarter.
g. Recommendations to increase tonnage of Franchised
Recyclable materials recovered.
2. Annual Report - On or before July 31 of each year of the term
of this ordinance, Grantee shall submit a fiscal year-end annual
report to include, but not be limited to, the following:
a. A collated summary of the information contained in the
quarterly reports and a summary of the average overall
Program participation rates and tonnages of recovered
Franchised Recyclables.
lit
.2. t?' .2.0
b. Discussion of problems and noteworthy experiences in the
Program operation, measures taken to resolve problems,
increase efficiency and Program participation. Number of
complaints listed by type of complaint, i.e., missed pick-up,
quality of service, etc., that occurred during the year.
c. Report of all education and community outreach efforts
conducted during the year and a discussion of their general
impact on participation and recovered tonnages.
d. Overall assessment of performance during the year.
e. Recommendations to increase tonnage of recyclable
materials recovered.
f. Additional information as necessary to meet State and/or
Federal mandated reporting requirements.
F. Performance Standards - This ordinance for Residential Multi-
family Recycling services is subject to the performance standards
and franchise conditions detailed in Section 14 Forfeiture of the
franchise (ordinance No. 1993). While it is the intent of Section
22 to describe specific Multi-family Recycling collection services
to be provided by the Grantee in addition to existing refuse
collection and disposal services, Grantee agrees that unacceptable
performance of recycling services will be considered severable
from its other obligations under the Franchise.
Every reasonable effort must be made by the Grantee to maintain
high levels of participation in order to reach the City's established
diversion goals and assist in meeting the diversion standards set
out in Assembly Bill 939 and the City and County's Mandatory
Recycling Ordinances.
G. Additional Franchise Fee - The Grantee, as part of the
consideration of this ordinance, agrees to pay to the City an
additional franchise fee at a rate consistent with that paid for
refuse collection and detailed in Section 4 Consideration of the
Franchise, as amended by Ordinance 2104. This rate will begin
at eight percent (8%) of the annual Gross Receipts collected by
said Grantee within the City of Chula Vista from residents for the
Multi-family Recycling Program within the City. and increase bv
one-half (1/2) oercent in accordance with the refuse and sinale-
familv recvclina franchise fee increases. However. said franchise
fee increase must be aDo roved bv Citv Council. BClliAAiAll April
1, 1991, tAe fraAeAise fee shall be inercased by OAe Aalf 1gerccnt
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(1/2%) ane one half percent (1/2%) each April thereafter uAtil it
reaeAes a ffiaxiffil:lffi af ten pereent. It is understood that any such
increase in the franchise fee by the City shall be cause for the
Grantee to increase charges in order to "pass through" the cost of
the franchise fee.
H. Term - it is the intent of the City that the term for the provision of
Residential Multi-family Recycling Services shall be to the year
2002, subject to a two year notice of cancellation by the City
without cause which cannot be tendered sooner than the end of
the third year. The services remain cancelable for cause at any
time.
SECTION 3: This ordinance shall take effect and be in full force and
effect on the thirtieth day from and after its adoption.
Presented by
Bruce M. Boogaar
City Attorney
mbyQ
-e,' MA-- ,
Athena Lee Bradley
Conservation Coordinator
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item ",< J
Meeting Date 7/1 3/93
PUBLIC HEARING: Conditional Use Permit PCC-93-39; request
to establish short-term transitional housing for homeless families
up to 44 people at 31 Fourth Avenue - South Bay Community
Services
RESOLUTION /7/ /.5" Approving Conditional Use Permit
PCC-93-39, a request to establish a short-term, transitional
housing project at 31 Fourth Avenue in the R-3 Zoning District
Director of Planning /?f~
/{h
City Manager J}1o (4/5ths Vote: Yes_NolLl
South Bay Community Services is proposing to establish a short term transitional
housing project for homeless families for a maximum of 43 tenants in family groups
and one resident manager at an existing apartment complex located at 31 Fourth
Avenue. The complex consists of 12 one bedroom units and 2 two bedroom units.
An Initial Study, IS-93-36, of potential environmental impacts of the project was
conducted by the Environmental Review Coordinator. The Environmental Review
Coordinator concluded that there would be no significant environmental effects and
recommends adoption of the Mitigated Negative Declaration and Addendum issued on
IS-93-36.
On April 28, 1993, South Bay Community Services held a community meeting for
area residents. The notes from that meeting are attached.
RECOMMENDATION: That Council adopt the resolution approving a Conditional Use
Permit to establish short-term transitional housing at 31 Fourth Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: On June 23, 1993 the Planning
Commission voted 7-0 recommending that Council approve the proposed Conditional
Use Permit. The Commission recommended a condition which would require annual
review by the Zoning Administrator for at least a two year period; the review to be
discontinued if no objections were received after two years. This condition has been
added to the City Council resolution.
On June 8, 1993 the Resource Conservation Commission voted 5-1-1 to recommend
adoption of the Negative Declaration for IS-93-36. The RCC also voted to recommend
an annual review of the project by a 6-0-1 vote. Several issues were also raised by
the RCC. These are discussed in detail in Section C of this report.
cI./-1
Page 2, Item ,)./
Meeting Date 7/13/93
DISCUSSION:
1. Zoning and Land Use:
Zoninq Land Use
Site R-3 Apartments
North R-3/CCD Apartments
South R-3 Apartments
East R-3 Apartments
West R-3 Eucalyptus Park
General Plan
Med-Hi (11-18 du/acl
Med-Hi (11-18 du/acl/
Commercial
Med-Hi (11-18 du/ac)
Med-Hi (11-18 du/ac)
Public/Quasi Public
2. Existing Site Characteristics:
The 18,000 sq. ft. site currently contains an existing 9.412 sq. ft. multi-family
residential structure consisting of 14 apartments. The site also contains 18
parking spaces along the eastern edge of the parcel. The building was
originally constructed in 1972 and has been used as an apartment complex
since that time. The current number of residents at this location is
approximately 34. A landscaped courtyard is at the center of the complex with
dwellings on either side to the north and south of the courtyard. Pedestrian
access to the site is from Fourth Avenue, while vehicles access the 18 parking
spaces to the rear via an access easement to the north.
3. Proposed Use/Project Characteristics:
South Bay Community Services is proposing to provide transitional housing and
off-site support services for homeless families. The longest length of stay will
be 60 days. A maximum of 43 tenants will live in the apartments in their
respective family units. A resident manager will also reside in one of the
dwellings.
It should be noted that the project will serve only homeless families, not the
habitually homeless or homeless singles. It will serve families willing to work
in order to re-establish themselves in the community as contributing members
of society. A wide variety of support services will be available off-site to meet
the residents varying needs including job training, job referral, youth
entrepreneurship training, Head Start, child care, health care, individual and
family counseling, domestic violence prevention and intervention,
transportation, nutrition education, budgeting education, parenting skills,
literacy training, homework assistance, mentors, Big Brothers/Big Sister,
recreation and after-school programs.
.2. / . r;t
Page 3. Item ,).. /
Meeting Date 7/13/93
The maximum number of people per unit will be as follows:
11 one bedrooms @ 3 persons/unit
2 two bedrooms @ 5 persons/unit
1 one bedroom @ 1 person lunit
=
33 persons
10 persons
1 person (resident manager)
=
TOTAL
44 persons
4. Similar Establishments:
Several other similar establishments exist throughout the County. North
County Housing Foundation in Escondido operates a transitional housing project
for families containing 18 beds. North County Interfaith Council, Escondido
operates a 30 bed transitional and short term housing project. In Encinitas,
Community Resource Center operates a transitional housing project with 25
beds. The Salvation Army also provides 50 beds for short term shelter for
families in San Diego. The main concern, as discussed later in this report, in
looking at these other projects is parking and the adequacy of the 18 parking
spaces to handle the proposed number of tenants.
5. Issues Raised by the Resource Conservation Commission:
As expressed earlier in this. report the RCC raised several issues of concern.
These are:
A. School impacts, specifically to teaching professionals and classrooms,
in which there is the potential for children to be enrolling and leaving
every 60 days due to the fact that residents within the project will have
a maximum 60 day stay.
Response: At the recommendation of the Chula Vista Elementary School
District and with the concurrence of South Bay Community Services, a
condition has been included which will require transport of all school
aged children to their current school of attendance or a school
determined by the District based upon space availability.
B. The overall increase in the number of residents at the complex. The
number should be capped at 44.
Response: The CUP is capped at 44 people because the application lists
this number. It would require an amendment to the CUP approved by
the City Council for the number to increase above the approved number.
rJ/" 3
Page 4. Item .).,1
Meeting Date 7/13/93
C. Economic impact on rents in the vicinity of the project. There is a
perceived potential that the existence of this facility could cause the
rents in other apartment complexes in the vicinity to drop as people
would not want to rent in proximity to a transitional housing project for
homeless families.
Response: The attached executive summary of the 1988 document
titled The Effects of Subsidized and Affordable Housing on Property
Values: A Survey of Research compiled by the Department of Housing
and Community Development, State of California, summarizes findings
from 15 documents. It states:
"This paper lists and summarizes a total of 15 published papers:
11 on the effects of subsidized housing on property values, one
on the effects of group homes for the handicapped, and three on
the effects of manufactured housing. . . .Four of these
publications address situations in California.
Of these 15 publications, 14 reached the conclusion that there are
no significant negative effects from locating subsidized, special-
purpose or manufactured housing near market-rate developments.
Some, in fact, reported positive property value effects after
locating subsidized units in the neighborhood".
No evidence has been supplied that this project will cause property
values to drop. To the contrary, studies such as cited above, while not
focused on this specific type of project, have indicated that values
generally remain unchanged when subsidized housing projects are
located within a neighborhood.
D. The potential for concentration of this type of use in the vicinity.
Response: Given the information on property values coupled with the
fact that the general vicinity is not in a state of decline, it is staff's
conclusion that even given other institutions in the area providing various
types of public services, the area will not decline.
Also, South Bay Community Services is finalizing a set of house rules
which will apply to all residents (see attached). These rules are much
stricter than those usually applied to residents of typical apartment
complexes and are more easily enforced because there is not a lease
agreement or other contract, as between a tenant in an apartment
complex and the owner, that would preclude quick eviction. If a resident
of the facility breaks the rules, he or she can be immediately released
from the program and removed from the premises.
,2/~ ,,/
Page 5, Item .). /
Meeting Date 7/13/93
ANALYSIS
General Plan Conformance: The project is in conformance with and implements the
Chula Vista General Plan. Specifically, Goal 3, Objectives 10 and 12 of the Land Use
Element are implemented by the project. These state:
GOAL 3.
HOUSING AND COMMUNITY CHARACTER
Traditionally, Chula Vista has been characterized by single family, detached
residences and neighborhood-serving uses. It is the goal of the city to
accommodate a full diversity of housing types, while maintaining an orientation
to detached single-family living.
Objective 10. Encourage the development of a diversity of housing types and
prices.
Implementation: The project will provide housing units for homeless
families at minimal cost to them.
Objective 12. Provide for the development of multiple-family housing in
appropriate areas convenient to public services, facilities and circulation.
Implementation: The project will make housing available to homeless
families in an area that provides the necessary public conveniences
(shopping, parks, public transportation, etc.). It is, in fact, very
important that these conveniences be available to the prospective
residents because of their lack of mobility.
In addition to the above, the project also conforms with and implements goals and
objectives of the Housing Element. General Objectives 1, 2, 3, 4 and 6 of Section 2.2
of this element are implemented by the project. These state:
2.2 GENERAL OBJECTIVES
The following goals jointly constitute the overall aim of the Housing Element of
the City of Chula Vista.
1. The overall increase of the housing stock of the planning area; Chula
Vista provides its fair share of regional housing needs.
Implementation: This project will provide housing for homeless families,
which will be part of Chula Vista's fair share of regional housing needs.
2.
The provision of adequate housing for the elderly, handicapped, large
families and persons and families of low or moderate income, and the
homeless.
..1/..5'
Page 6, Item ,,) I
Meeting Date 7/13/93
Imolementation: As stated, subject project will provide adequate
housing for transitional homeless families.
3. The broadening of local residents' choice of housing, housing types, and
living environments.
Imolementation: By making a transitional housing facility located at 31
Fourth Avenue available to homeless families, their choice of housing
types is broadened and they will be in a better position to re-establish
themselves economically. In addition, preference will be given to Chula
Vista citizens.
4. The protection of the quality-of-life of existing settlements within the
planning area.
Imolementation: The subject project will not deteriorate the quality-of-
life of surrounding residents because of the rules. Among other rules,
persons residing in this facility will not be allowed to have alcoholic
beverages on-site. This will decrease the potential for drunkenness and
the deterioration of the quality-of-life resulting from such over
consumption. This rule is not applied to neighboring apartment
complexes.
6. The integration of low and moderate income housing into the existing
middle-class residential neighborhoods of the planning area, and the
preclusion of the establishment of "ghettoes" or low-income enclaves.
Besides Objective 6, this project also implements the related Section 2.3 Housing
Policy, Item 9, which states:
Low and moderate income households are entitled to the same residential and
environmental amenities as those which are standard to other families. Scaled
down amenities and qualities build slums, and therefore must be carefully
avoided.
Imolementation: This area is generally considered middle-class, and the
introduction of homeless families will implement these Objective 6 and Item 9.
Zoninq Ordinance Conformance: The subject use is quasi-public. As such, a
conditional use permit is required per Chapter 19.54. Public/quasi-public uses are
permitted in any zone with a CUP.
Land Use Comoatibilitv: Given the nature of the proposed land use, the existing
surrounding residential uses and the proximity to services and amenities, the land use
is considered to be compatible with the neighborhood.
.21"'~
Page 7, Item e:J./
Meeting Date 7/13/93
Parkinq: This project initially raised concern among staff because of the slight
increase in the number of inhabitants in the complex in regards to parking. At
present, 19 spaces exist, but one will be lost in order to provide a handicapped space.
An example of the parking ratios for the projects mentioned in Section C.4 of this
report are as follows:
Orqanization/Citv
No. of
Beds
No. of Parking
Spaces
Average
Spaces/Bed
North County Housing
Foundation, Escondido
18
6
0.33:1
North County Inter-
Faith Council, Escondido
30
10
0.33:1
Community Resource
Center, Encinitas
25
~
0.24:1
Totals
73
22
0.30:1
South Bay Community
Services, Chula Vista
44
18
0.41: 1
Compared to these similar projects, the proposal appears to have more than adequate
parking. When broken down by parking spaces per unit, the ratio for the proposed
project is 1.29 spaces per unit (18/14 = 1.29). Based on this information and
contact with the facilities and City staff from Escondido and Encinitas, staff has
concluded that the proposed parking ratio should be more than adequate to meet the
needs of the homeless families who will reside at the facility. (See attached for a
parking survey of homeless facilities.)
Access/Traffic/Circulation: Access to the site is by way of an easement from
Offerman Lane to the north of the project parcel. Based on the survey of other similar
uses noted above, and the Negative Declaration for IS-93-36, there should be no
increase in traffic generation.
The City's Engineering Department calculated that traffic on Fourth Avenue would
remain at 17,580 ADT (average daily trips) and that Fourth Avenue in the vicinity of
the project will remain at a level-of-service (LOS) "C" or better. Given the statements
from the directors of other similar projects, the actual traffic figures should decrease
slightly because there will be fewer vehicles. This is based on statements that indicate
that homeless families generally tend to have fewer cars than permanently domiciled
families. No changes to the circulation pattern are anticipated, especially since
emergency vehicles have adequate turnaround space.
.:21- ?
Page 8, Item .).1
Meeting Date 7/13/93
Visual/Aesthetics/Architectural Treatment: The applicant does not plan to change the
established architectural style of the complex.
Plav Areas: The proximity of Eucalyptus Park across Fourth Avenue, in addition to the
other off-site activities in which the children will be involved, will fill the time of the
children who temporarily reside here. If the children chose to play in the parking area
to the rear of the complex, it should be kept in mind that children have been doing this
since 1972 when the complex was first constructed. To place restrictions on the
children to keep them from this area as has been suggested by one of the opponents
to the project would in our opinion be inappropriate, especially since children in
neighboring apartment complexes would not have the same restriction placed on them
by virtue of their residing in a typical apartment.
Trash Service: A trash enclosure exists on the parcel immediately to the north of the
site at 17 Fourth Avenue at its southeast corner. This neighboring parcel is owned
by South Bay Community Services. The existing trash enclosure has been in place for
several years and has proven to meet the needs of the residents of both of these
complexes. In the event, however, that the existing bin is not adequate to meet the
demand, the frequency of pickup can be increased to ensure a health problem is not
created.
Public Safetv: In a memo dated May 14, 1993, Mary Jane Diosdado of the Crime
Prevention Unit of the Chula Vista Police Department made several recommendations
to increase the security of the project which have been included as conditions of
approval.
CONCLUSION
Based on the factors noted above, we are therefore recommending approval of the
proposal in accordance with the City Council Resolution.
FISCAL IMPACT: Not applicable.
Attachments:
~ Resolution
J Locator and Site Plan
J Negative Declaration/Initial Study
Planning Commission Minutes and Resolution (6/23/93)
RCC Minutes (617/93)
Public Forum Summary (4/28/93)
Letters/Petitions From Interested Parties
Staff Correspondence to Regina Hickey. Hart Klein and Attorney Paul Robinson
Executive Summary of Article on Effects of Affordable Housing on Property Values
Proposed SBCS House Rules
Parking Survey of Homeless Projects
SBCS Information on their Casa Nuestra Facility at 1515 Hilltop Drive
Disclosure Statement
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(f:\home\planning\martin\sbaycomm\9339a.113)
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RESOLUTION NO.
/7/&..5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONDITIONAL USE PERMIT
PCC-93-39, A REQUEST TO ESTABLISH A SHORT-TERM,
TRANSITIONAL HOUSING PROJECT FOR HOMELESS
FAMILIES AT 31 FOURTH AVENUE IN THE R-3 ZONING
DISTRICT
WHEREAS, a duly verified application for a conditional use permit was filed with
the Planning Department of the City of Chula Vista on April 28, 1993 by South Bay
Community Services ("Applicant"); and
WHEREAS, said application requests approval of a conditional use permit (PCC-
93-39) to establish a short-term, transitional housing project for homeless families for
a maximum of 43 residents and one resident manager in the R-3 Zoning District
("Project") at 31 Fourth Avenue ("Project Site"); and
WHEREAS, the Planning Commission held a public hearing on June 23, 1993
and voted 7-0-0 recommending that the City Council approve subject Project; and
WHEREAS, the City Clerk set the time and place for a hearing on said
application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property
owners within 1,000 feet of the exterior boundaries of the property at least ten days
prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m. July 13, 1993 in the Council Chambers, 276 Fourth Avenue, before the
City Council and said hearing was thereafter closed; and
WHEREAS, the Commission found that the project would have no significant
environmental impacts and adopted the Negative Declaration and Addendum issued
on IS-93-36.
NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of
Chula Vista does hereby find:
1 . That the project will have no significant environmental impacts and adopt
the Negative Declaration and Addendum issued on 15-93-36.
The City Council hereby finds that the Project will have no significant
environmental impacts in that the Project does not have:
;21"'7
Resolution No.
Page #2
A. The potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self sustaining levels,
threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods of
California history or prehistory.
B. The potential to achieve short-term, to the disadvantage of long
term, environmental goals.
C. Impacts which are individually limited, but cumulatively
considerable.
D. Effects which will cause substantial adverse effects on human
beings, either directly or indirectly.
The following findings are required pursuant to Section 19.14.080 of the
Municipal Code:
2. 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 conditional approval of PCC-93-39 at the proposed location is
necessary and desirable in order to provide a service which will
contribute to the general well being of the community in that there is an
existing, apartment complex in place, and the service to be provided by
South Bay Community Services will contribute to the community by
providing short-term, transitional housing for homeless families in the
South Bay area.
3. 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 conditional approval of PCC-93-39 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 project vicinity or injurious
to property or improvements in the project vicinity in that the project is
residential in nature and will not negatively impact parking, circulation,
services or residences in the project's vicinity.
r:ll., )C/
Resolution No.
Page #3
4. That the proposed use will comply with the regulations and conditions
specified in this code for such use.
The conditional approval of PCC-93-39 complies with the regulations and
conditions of the Municipal Code in that the project is conditioned to
comply with the requirements of all applicable City departments, will not
generate excessive traffic, and provides adequate off-street parking in
accordance wit the Planning Commission determination, pursuant to the
Chula Vista Municipal Code, Section 19.54.050. The Planning
Commission further finds that this is a quasi-public use and not
enumerated in Section 19.62, and, therefore, based on staff analysis, 18
parking spaces is an appropriate amount of parking for this use.
5. That the granting of this conditional use permit will not adversely affect
the general plan of the City or the adopted plan of any government
agency.
The conditional approval of PCC-93-39 will not adversely affect the
General Plan of the City of Chula Vista in that quasi-public uses are
unclassified, which are allowed in any zoning district upon approval of
a conditional use permit.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants
conditional use permit PCC-93-39 subject to the following conditions whereby the
applicant shall:
1. Comply with and implement all requirements of the Chula Vista Municipal
Code and applicable Fire Department and Building Department
requirements, as appropriate.
2. Prior to occupancy, submit the rules for residency to the Director of
Planning for review and approval, and maintain compliance throughout
occupancy.
3. Perform a study of and implement a solution to the potential courtyard
drainage problem, to the satisfaction of the City Engineer.
4. Transport all school aged children to their current school of attendance.
In the event a child must attend a school within the Chula Vista
Elementary School District, said child shall attend the school determined
by the District, based on space availability.
.2/"//
Resolution No.
Page #4
5. Implement the suggestions of the Chula Vista Police Department security
survey dated May 14, 1993, in order to enhance the security of the
facility.
6. This permit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City
shall impose after advance written notice to the Permittee and after the
City has given to the Permittee the right to be heard with regard thereto.
However, the City, in exercising this reserved right/condition, may not
impose a substantial expense or deprive Permittee of a substantial
revenue source which the Permittee can not, in the normal operation of
the use permitted, be expected to economically recover.
7. This conditional use permit shall become void and ineffective if not
utilized within one year form the effective date thereof, in accordance
with Section 19.14.260 of the Municipal Code. Failure to comply with
any condition of approval shall cause this permit to be reviewed by the
City for additional conditions or revocation.
8. This conditional use permit shall be reviewed by the Zoning
Administrator at the end of the first and second years of operation
following occupancy. Notice of the review shall be given to all property
owners within 1,000 feet plus any residents who submitted letters or
spoke at the public hearing. The Zoning Administrator may refer the
permit to the Planning Commission for public hearing, if the Zoning
Administrator determines there are reasonable grounds to revoke, modify
existing conditions, or add additional conditions. Following the two year
period, the permit will no longer be subject to this special annual review
requirement, but only normal City monitoring.
That a copy of this resolution be transmitted to the applic
Presented by
,d .. t"
Robert A. Leiter
Director of Planning
Bruce M. Boogaar
City Attorney
(f:\home\planning\martin\sbaycomm\9339cc.resl
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Apr. 27, 1993
John Shepard
846 La Senda Way
Chula Vista, Ca. 91910
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Tim Nader and Council members
City of Chula Vista
276 4 th Ave.
Chula Vista, CA. 91910,
Dear Mayor and council,
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Recently r became interested in the renovation of the property
at 31 4th ave. by sath Bay Community services. r understand that
a permit will have to be approved by the city council before this can
take place.
r strongly recommend that approval for this project will be
forthcoming from the city council.
For the past year r have been involved in "Wings Transitional
housing" sponsered by the interfaith shelter net work. This housing
along with interfaith transitional housing does not appear to have
a negative effect on the surrounding area.
The reason seems to be that all candidates are very well
screened and must abide by strict rules or they are out of the program.
Today I questioned a friend of mine about what he thought about
the effect might be on the surrounding area. He felt that it might be
negative,since people pushing shopping carts around,such as the home
less do in San Deego,would be in evidence.
r think the above is a picture many people have of the homeless
and is responsible for resistence to their coming into an area to live.
r doubt that the people selected to live a 31 4th Ave,if the
permit passes,would appear much different from the people all ready
living in the surrounding appartments.
There can be no doubt about the need for transitional housing
for the homeless in the South Bay. I hope that you will consider my
reasons for saying that there will be no negative impact should a
permit be issued for the above renovation to provide tansitional
housing.
Please grant this permit.
Sincerely,
5/5/93
CITY CLERK -- PLEASE INCLUDE WHEN
THIS ITEM IS DOCKETED FOR COUNCIL
PER MAYOR.
John Shepard
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CIIULA V I ST A PL.-\'i!\'ING DEPARTMENT
C) APPLICANT: SOUTII BA Y CO~I~Il'~rn PROJECT DESCRIPTION:
SERVICES Shol'l IeI'm housing (up to 60 days) for homeless
ADDRESS JI FOllnll A\'l:\I'E families for up to 50 people (Public/Quasi use.
SCALE' FILE NUMBER Requires Cily Council approval)
NORTH 1" = 400' PCC -93 - 39
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NEGATIVE DECLARATION/INITIAL STUDY
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mitigated negallve declaration
PROJECT NAME: South Bay Community Services - Sixty Day Shon- Term Housing for the
Homeless
PROJECT LOCATION: 31 Founh Avenue
ASSESSOR'S PARCEL NO. 566-010-10
PROJECT APPLICANT: South Bay Community Services, Inc.
CASE NO: IS-93-36
DATE: May 17, 1993
A. Project Setting
The project setting consists of an existing 14 unit, two-story 9,412 sq. ft. apartment
building on an 18,000 sq. ft. parcel located at 31 Founh Avenue. The founeen apartment
unit building, conscructed in 1972 consists of 2 two-bedroom units and 12 one- bedroom
units. The current number of residents at this building is approximately 34 people. The
units center around a landscaped counyard. The pedestrian entrance to the complex is
on Founh Avenue and the parking area is in the rear of the complex - accessed from
Founh Avenue via Offerman Lane - a private road, and through a vehicular access on the
propeny located at 17 Founh A venue. Through a review of the Title Repon, and funher
discussion with staff at the title company, staff determined that the above sited easements
are legal easements. Eighteen parking spaces are provided for this building. The
adjoining land uses are: multi-family apartments to the south and east, Eucalyptus Park
across Founh A venue to the west and multi-family residential and retail commercial to
the nonh.
B. Project Description
The proposed project is the conditional use of an existing multi-family apartment building
for families in need of transitional housing. A maximum stay of 60 days is allowed. No
exterior physical alterations are anticipated. Only minor interior alterations are
anticipated.
The applicant's original proposal was to provide housing for up to a maximum of 50
persons. This objective was to be achieved by the removing kitchens and dining rooms
in 12 of the 14 units and turning the "dining-room and kitchen areas" of each unit into
an additional bedroom. One of the remaining one-bedroom units was to be converted into
a community kitchen and dining facility and the other one bedroom unit was to provide
living quarters for the on-site propeny manager.
JJ-~J
elt)' of c:IIul. wilt. plIInnlng ...,.rtment
environment.. review Mellon
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. OiULA VISTA
- 3~
Page 2
In response to the Notice of Initial Study of the above cited proposal, five comment
letters and four phone calls were received from surrounding residents. In addition, one
property owner met with staff to voice his concerns. Some of the concerns raised by
residents included an increase in density (50 people in the building instead of 34), noise,
traffic, parking, public health and safety, and concerns about the potential impacts of
delivery trucks bringing food and services for the congregate kitchen.
As a result of reviewing the comments from residents as well as the comments from
various City departments and discussions with City staff, South Bay Community Services
has modified their project description. Instead of removing the kitchens from the 14
units, the kitchens will be left in place. There will no longer be a congregate kitchen or
the provision of congregate meals.
This amended project description is in compliance with fmdings of the Court under
Section 15070 of the California Environmental Quality Act that . Any needed or proposed
mitigation measures must be incorporated into a proposed negative declaration and the
project revised accordingly before the negative declaration is released for public review. "
(Sunstrom v. Mendocino - 1988)
As a result of leaving the kitchens in place, South Bay Community Services expects to
have a maximum capacity for 43 tenants plus the property manager. This has been
calculated as follows: 11 one-bedroom units with up to 3 persons per unit and 2 two-
bedroom units with up to 5 persons per unit. One additional one-bedroom unit will be
occupied by the manager. The reduced number of residents and the fact that the units
will remain self-contained will reduce potential impacts of increased density and potential
impacts from delivery trucks servicing the complex.
,
Parking requirements for multi-family residential units in the public-quasi public zone are
for 1.5 spaces for one bedroom units and 2 spaces for two bedroom units. The project
has 18 parking spaces including one handicapped space.
Therefore, if this was a new apartment complex being developed within the City of Chula
Vista, the parking requirement would be 22 spaces. However, as the proposed project
is a public - quasi-public use in the Zoning Ordinance for short-term housing for
homeless families, the fmal determination of the number of parking units that are
required will be made by the Planning Commission in response to staff recommendation.
Staff recommendation, based on the .Parking Use Survey. attached to the Initial Study
done on other similar uses, is 1 parking space per 3 residents. This low ratio of the
number of parking spaces needed per resident is due to the fact that few residents have
cars. A parking survey that was conducted of 11 other similar facilities within San
Diego County by South Bay Community Services concluded that the average number of
on-site parking spaces per bed was 0.16. Comments from contact persons included, .On
the average, one third of the residents have cars.. (pacific Beach Safe Harbor); .We
have no parking because few homeless have cars.. (YWCA-Women in Transition San
Diego).
d. J ,..)., 1
- 4,.
Page 3
Title to the land and apartment building and the access easements is currently vested in
Park Vista Apartments and South Bay Community Services is in escrow for purchase of
the property.
South Bay "Community Services" (SBCS) is a community-based nonprofit organization
serving the South San Diego Bay. SBCS began in 1971 as a treatment rehabilitation
center for drug abusing teens. Over the years, other youth and family support programs
that have been initiated by SBCS including: juvenile diversion, alternate schooling,
counseling, job training, literacy/tutoring, AIDS prevention education and affordable
housing assistance.
SBCS also runs Casa Nuestra, currently the only homeless housing in the South Bay
region, providing beds and 24 hour services for runaway and homeless teens.
This project, transitional living for 13 families not to exceed 43 tenants, is for Chula
Vista and National City homeless families. The city of residence will be determined by
school records or other proof of last permanent residence. Families will be referred
from local organizations which currently work with the homeless including schools,
police, private nonprofit organizations and religious institutions. Families with any drug
abuse, alcohol or mental illness problems, single adults, criminals or people who are not
able to abide by strict rules, regulations, and a program designed to help them become
self-sufficient will not be accepted. Families will not be able to enter the project without
a referral from an established agency. No family will be permitted to "walk-up" to 31
Fourth Avenue and move in to the project. The sign currently posted in the front lawn
will be removed. There will be no sign pronouncing that the building provides short-
term housing for homeless families. This housing facility will not serve the habitually
homeless.
SBCS is coordinating a team of private, local service providers for this facility including:
Metropolitan Area Advisory Committee (MAAC) Project, Lutheran Social Services and
Episcopal Community Services. All of these services will provide a wide range of
. services geared at helping families achieve self-sufficiency. The services include: job-
training and referral, child care, case management, health care, permanent housing
referral, budgeting, independent living skills, literacy training, psychological counseling
and transportation.
The only on-site activity will be property management. All other activities, such as child
care, education and recreation, will be off-site. A large percentage of the children will
be group transponcd to their off-site activities. (please see attached A l'vDical Dav For
a Familv Livin!! in South Bav Community Services Short-Term Housin!! at 31 Fourth
A venue for an in-depth description of who works with the tenants and what happens on
a typical day. On-site property management will be provided by an experienced property
management firm with wide experience managing units for the homeless and lower
income families. The SBCS Development Director, who reports to the Executive
Director, will be responsible for asset management, including liaison with the property
management firm, landscaping company, utility providers and other contractors. The
Development Director will supervise a Program Director with specific responsibilities
;2/ /c2S - s--
Page 4
regarding the property including maintenance, day-to-day operations and work with the
on-site manager.
If the project is approved tenants currently residing in the building will receive relocation
assistance under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970. This policy includes any family or individual that must move as
a direct result of rehabilitation, demolition or acquisition. This assistance may include:
advisory services, payment for moving expenses, and replacement housing assistance.
The discretionary action on this application is a Conditional Use Permit.
C. Compatibility with Zoning and Plans
The General Plan Designation for the site is Medium High Density Residential (11-18
dwelling units per acre) and the zoning is R-3-Apartment Residential Zone. Conditional
Use Permits are required for public-quasi public uses. The proposed use is permitted
with a Conditional Use Permit under the definition of public-quasi public (19.04.190 in
the Zoning Ordinance) as an unclassified use. (Chapter 19.54 of the Zoning Ordinance
authorizes unclassified uses.) As the proposal is for a public-quasi public use a
conditional use permit is required.
D. Identification of Environmental Effects Desilmated
The Initial Study conducted by the City of Chula Vista (attached as Environmental
Checklist form) determined that the proposed project will not have a significant
environmental effect, and the preparation of an Environmental Impact Repon will not be
required. A Negative Declaration has been prepared.
F. Miti2ation Necessary to Avoid Si~nificant Environmental ImDacts
A specific mitigation measure regarding a potential surface drainage problem has been
identified. The mitigation measure required to reduce the potentially significant impact
to a level of less than significant is that a monitor fin~""ed by the applicant field check
the existing on-site drainage and that the applicant correct any problem.
This mitigation measure is made a condition of project approval, as well as a requirement
of the attached Mitigation Monitoring Program (Addendum "A").
G. Mandatory Findinl!s of Sil!nificance
Based on the following findings, it is determined that the project described above will not
have a significant environmental impact and no environmental impact repon needs to be
prepared.
While the City is not required to prepare a negative declaration where a categorical
exemption is appropriate (Guidelines 15301), as is the case here, the City recognizes that
transitional housing is often controversial and that a negative declaration provides the
2)-;26
--(p-
Page 5
public with an opportunity to comment on the project and to better refme mitigation
measures.
1. The project bas the potential to substantiaJ]y degrade the quality of the
environment, substantially reduce the habitat of a rlSh or wildlife species,
cause a fISh or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or IInim..1 community, reduce the number or
restrict the range of a rare or endangered plant or IInim..l, or ..Iiminate
important examples of the mlijor periods of California history or prehistory.
The proposed project consists of the renovation of an existing multi-family
apartment building within an urbanized area of the City. There are no known
significant biological or historical or prehistorical resources on the site.
2. The project has the potential to achieve short-term environmental goals to the
disadvantage of long-term environmental goals.
One of the City's Long Tenn Environmental Goals (found in the Housing
Element of the General Plan) is to recognize that homelessness is a regional
problem and that the provision of transitional housing in the South Bay is a means
of addressing that problem. The approval of this facility is in accordance with
the City's General Plan and would be a meaningful step towards achieving the
short-tenn goal of the provision of housing to assist the homeless and would also
be a step toward the long-tenn City goal of answering the 'homeless problem.
3. The project has possible effects which are individually limited but
cumulatively considerable. As used in the subsection, "cumulatively
considerable" means that the incremental effects of an individual project are
considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects.
This project does not have the potential to be individually limited but
cumulatively considerable. The environmental analysis contained in the Initial
Study considered potential cumulative impacts. It was determined that there was
a very minor cumulative improvement to traffic and air pollution due to the
expected project-related reduction in traffic.
4. The environmental effects of a project will cause substantial adverse effects
on human beings, either directly or indirectly.
Substantial adverse effects on human beings usually result from hazardous
materials, noise, safety hazards, etc. One existing potential safety impact was
cited, due to potentially inadequate existing drainage. Mitigation is possible to
remedy this existing impact and thus reduce it to a level below significant. Thus,
no substantial adverse effects on human beings ~ither directly or indirectly are
expected.
;2/~:Z 7
- '7-
Page 6
H. Consultation
1. Individuals and Orl!ani7ations
City of Chula Vista: Roger Daoust, Engineering
John Lippitt, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Garry Williams, Planning
Ken Larsen, Director of Building & Housing
Carol Gove, Fire Marshal
Barbara Brookover, Senior Crime Analyst
Captain Keith Hawkins, Police Department
Marty Schmidt, Parks & Recreation Dept.
Barbara Reid, Planning
Rich Rudolf, Assistant City Attorney
Diana Richardson, Community Development
David Harris, Community Development
Martin Miller, Planning
Capt. Rod Hawkins, Fire Department
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Robert, Bein & Frost/Shoulders and Sanford
2. Documents
General Plan, City of Chula Vista
Title 19, Chula Vista Municipal Code
Corporation Grant Deed for APN-566-010-1O and 566-010-15 for Park Vista
Apartments
Telephone Conversation with Hans Giroux, Acoustician, May 27, 1993
Faxed Comments on Mitigated Negative Declaration From Tina Thomas, Partner
in the Law Firm of Remy and Thomas
Resoonses to Issues Raised Rel!ardinl! Short-Term Housinl! For Homeless
Families at 31 Fourth Avenue, South Bay Community Services
Relocation Assistance to Tenants Displaced From Their Homes, U. S.
Department of Housing and Urban Development
;2Jr~?j
-i ~
Page 7
Meetim! Notes From an ADril 28. 1993. Cnmmunity Meetinl! on Short-Term
Housinl!, South Bay Community Services
3. Initial Studv
This environmental determination is based on the attached Initial Study, any
comments received on the Initial Study and any comments received during the
public review period for the Negative Declaration. The report reflects the
independent judgment of the City of Chula Vista. Further information regarding
the environmental review of this project is available from the Chula Vista
i7 _ T~]' 276 Fourth Avenue, Chula Vista, CA 92010.
E~~f REVIEW COORDINATOR
EN 6 (Rev. 12/90)
Attachments: 1)
2)
Vicinity Map
Site Plan
WPC F,\HOMEIPLANNING\979.93
ol./-cJ(
-1---
ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION IS-93-36
South Bay Community Services Sixty-Day Short-Term Housing
31 Fourth Avenue
PROJECT NAME: South Bay Community Services Sixty-Day Short-Term Housing
PROJECT LOCATION: 31 Fourth Avenue
PROJECT APPLICANT: South Bay Community Services, Inc.
PROJECT AGENT:
Robert, Bein and Frost/Shoulders and Sanford
CASE NO.: IS-93-36
I. INTRODUCTION
The environmental review procedures of the City of Chula Vista allow the
Environmental Review Coordinator (ERC) to prepare an addendum to a Negative
Declaration or Environmental Impact Report, if one of the following conditions is
present:
I. The minor changes in the project design which have occurred since completion
of the Final EIR or Negative Declaration have not created any new significant
environmental impacts not previously addressed in the Final EIR or Negative
Declaration;
2. Additional or refined information available since completion of the Final EIR
or Negative Declaration regarding the potential environmental impact of the
project, or regarding the measures or alternatives available to mitigate potential
environmental effects of the project, does not show that the project will have
one or more significant impacts which were not previously addressed in the
Final EIR or Negative Declaration.
This addendum has been prepared in order to provide additional information and
analysis concerning drainage impacts. As a result of this analysis, the basic conclusions
of the Negative Declaration have not changed. Drainage impacts are found to be less
than significant for the proposed project.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has
prepared the following addendum to the Mitigated Negative Declaration for the South
Bay Community Services 60-Day Short-Term Housing for the Homeless IS-93-36
which will make the determination that mitigation for drainage under CEQA is not
required for this project and therefore will recommend adoption of a Negative
Declaration.
:JJ- 3t)
WPC F:\HOME\PLANNING..ADDENDUM
Page 1
-10 -
II. PROJECT DESCRIPTION
The proposed project is the conditional use of an eXlstmg multi-family apartment
building for families in need of transitional housing. A maximum of 60 days is
allowed. No exterior physical alterations are anticipated. Only minor interior
alterations are anticipated. There are no changes in the project description .
m. PROJECT SETTING
The project setting consists of an existing 14 unit, two-story 9,412 sq. ft. apartment
building on an 18,000 sq.ft. parcel located at 31 Fourth Avenue. The fourteen
apartment unit building, constructed in 1972 consists of 2 two-bedroom units and 12
one-bedroom units. The current number or residents at this building is approximately
34 people. The units center around a landscaped courtyard. The pedestrian entrance
to the complex is on Fourth Avenue and the parking area is in the rear of the complex -
accessed from Fourth Avenue via Offerman Lane - a private road, and through a
vehicular access on the property located at 17 Fourth Avenue. Eighteen parking spaces
are provided for this building.
IV. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
Drainage
The previously circulated Mitigated Negative Declaration identified that there was a
potential impact from inadequate drainage and that as mitigation, a monitor would field
check the existing on-site drainage and that any problem would be corrected by the
applicant. Engineering comments on the Initial Study had stated that "Ponding may
occur adjacent to buildings". Subsequent to the circulation of the mitigated negative
declaration and in order to obtain more specific information on the potential problem,
the planning department staff and the engineering department staff went to the site to
observe the situation. Because of the unevenness of the concrete slabs in the courtyard
between the two apartment buildings at 31 Fourth Avenue, it was clear that if it rained
the courtyard could become slippery and there could be safety hazards. At present,
there was no apparent locations for some of the water to drain. Staff from the
Engineering Department stated that if the soil were removed to a level of about two
inches below the slabs in the areas that are cut for landscaping, drainage would be
absorbed into the landscaped areas and the majority of the remaining water would drain
from there out to the street. The checklist form, under the area of WATER, asks
whether the proposed project will result in changes in absorption rates, drainage
patterns or the rate and amount of surface runoff. The answers to this question are then
used to determine whether the project could potentially result in significant impacts.
As the project is not requiring any new construction and there will not be any additional
surfaces that will create additional runoff, and as the drainage problem is one that is in
existence now and not created by this project, there is not a potential for a significant
environmental concern.
:J / ---3 I
WPC F:\HOMBPLANNING\ADDENDUM
-If -
Page 2
V. CONCLUSION
Drainage impacts are found to be less than significant.
Pursuant to Section 15 I 64 of the State CEQA Guidelines and based upon the above
discussion, I hereby fmd that as a result of additional or refined information available
since completion of the Mitigated Negative Declaration and that these changes do not
show the project will have one or more significant impacts which were not previously
addressed in the Mitigated Negative Declaration and that in fact they make the need for
a "Mitigated" Negative Declaration a moot point and that the Negative Declaration, as
amended, is adequate under the CEQA.
REFERENCES
c2 j- 3,A
WPC f,\HOMElPLANNlNG\ADDENDUM
.--IJ.--
Page 3
ADDENDUM A
Potential Imnact
Inadequate Drainage
Mitil!ation Measure
A monitor will field check the existing on-site drainage.
Any problem will be corrected by the applicant.
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CHULA VISTA PLANNING DEPARTMENT
(!) APPliCANT, SOUTIlBA Y COMML'?I:ITY PROJECT DESCRIPTION:
SERVICES Short term housinl (up to 60 days) for homtless
ADDRESS JI .'orIlTII A n:~T.: families for up to 50 people (Public/Quasi USt.
SCALE. filE NUMBER Requires City Council approval)
NORTH ." . 400' PCC. 93- 39
eJ./ ~ 55 /\
/
~ '
APPLICATION CANNOT BE AC~EPTED UNLESS SITE PLAN
IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER
FOR OFFICE USE
A. BACKGROUND
INITIAL STUDY
Cue No. "'7<.'_ 9'... ~ :cV-.
Deposit ~ ;',:1.-' ~ ~o.
Receipt N. ///~7S'-
Date Rec'd 7 -~
Accepted by ~,;,.
Project No. ~ -/...~
City of Chula Vista
Application Form
1. To 15... \k,\-~""~,,,J
2. (Street address or description)
"
Assessors Book, Pel Parcel No. ~"b- O(.D-/o
3. BRIEF PROJECT DESCR TION --F\ uN'A- "'f.~~t- ""~'''*'-,t
S.
Name of Applicant
Address ~\S ~..;~
City o-...\...lc. ~+A
Name of Preparer/Agent
Address
City ~'"D~
Relation to Applicant
State
k\~
F':>
Phone 42-0 - ~b2.c
Zip q(&(IO
r~.2.:t.>
Phone 2.?1 ~'2--:n
Zip q2Io~~
4.
6. Indicate all permits or approvals nd enclosures or documents
required by the Environmental Review Coo
a. Permits or approvals required:
___ Public Project
Annexation
Redevelopment Agency
O.P.A.
development Agency
D.D.A.
___ Otli
___ General Plan Amendment ___ Design Review Applicatio
___ Rezone/Prezone ___ Tentative Subd. Map
___ Precise Plan ___ Grading Permit
___ Specific Plan ___ Tentative Parcel Map
~ Condo Use Permit Site Plan 1 Arch.Review
___ Variance ::: Project Ar.a Committee
___ Coastal Development Use Permit
Permit
b. Enclosures or documents (as required by the Environmental Review
Coordinator) .
___ Grading Plan Arch. Elevations
___ Parcel Map ::: Landscape Plans
___ Precise Plan ___ Tentative Subd. Map
___ Specific Plan ___ Improvement Plans
___ Other Agency Permit ___ Soils Report
or Approvals .Requi red ___ Hazardous lIute
Assessment
___ HydrOlogical Study
___ Biological Study
___ Archaeological Survey
___ Noise Assessment
___ Traffic Impact Report
___ Other
IIPC 0413p/94S9P
-1-
)) <J~
I (P ,
....-
B. rROPOSrO PROJECT
1. a. Land Area: sq. footage "" i'Z,OCJD or acreage D,""'\
If land area to be dedicated. state acreage and purpose.
b. Does the project involve the construction of new buildings. or
will existing structures be utilized? ~<z>'(~~~%--"6h.rt."S
2. Comp1ete this section if.project is residential.
a. Type development: Single family Two family
Multi family y, Townhouse Condominium
,
b. Total number of structures 2-
c. Maximum height of structures Z. ~.~ IrS
d. Number of Units: 1 bedroom f ~ 2 bedrooms 2
3 bedrooms 4 bedrooms Total units ---3~
e. Gross density (DU/total acres) 31, \1-
f. Net density (DU/total acres minus any dedication)
g. Estimated project population ~C)
h. Estimated sale or [rental/price range ~ D-\5Z' /......
i. Square footage of structure 11"1-\"2- ~
j. Percent of lot coverage by buildings or structures ?o."o
k. Number of on-site parking spaces to be provided (er
1. . Percent of site inroad and paved surface "" :te'7o
3. Complete this section if project is commercial or industrial or ~
jIll. t-J (1'1
a. Type(s) of land use
b. Floor area Height of structure(s)
c. Type of construction used in the structure
d. Describe major access po~nts to the structures and the
orientation to adjoining properties and streets
t. Number of on-site par~ing spaces provided
f. Estimated number of employees per shift . Number of
shifts Total
g. Estimated number of customers (per day) and basis of tstimate ___
h. Estimated number of deliveries per day
WPC 0413p/94S9P
-2-
J../- 3 7
..-- 11')-'
~
i. EstimEted range of service area and basis of estimate
j. Type/extent of operations not in enclosed buildings
k. Hours of operation
1. Type of exterior lighting
4. If project is other than residential, cOlllllercia1 or industrial
complete this section. -.../...
a. Type of project
b. Type of facilities provided
c. Square feet of enclosed structures
d. Height of structure(s) - maximum
e. Ultimate occupancy load of project
f. Number of on-site parking spaces to be provided
g. Square feet of road and paved surfaces
h. Additional project characteristics
C. PROJECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
pollutants, (hydrocarbons, sulfur, dust, etc.) identify them.
lL;~
2. Is any type of grading or excavation of the property anticipated f'JC
(If yes, complete the following:)
a. Excluding trenches to be backfilled, how .any cubic yards of
earth will be excavated?
b. How many cubic yards of fill will be placed?
c. How much area (sq. ft. or acres) will be graded?
d. What will be the. 'Maximum depth of cut
Average depth of cut
Maximum depth of fill
Average depth of fill
WPC 0413p/9459P
-3-
d./~J<6
--l~ ~
3. lIill there be any noise generated from the proposed project site or
from points of access which may impact th~surrounding or adjacent
land uses? ,"0 A\~a." ~......, r .;~ \
4. Describe all energy consuming devices which are part of the proposed
project and the type of energy used (air conditioning, el~ctrical
appl1an e, heat ng equipment, :tc.). I.le A.-/c, v.~~ I.~) ,~.;..
5. Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) ~
6. If the project will result in any employment opportuniti,s ducr . u.-
the nature and type of these jo s. .... \\l<A"t ON '+- ::::s"IC::/.
"'"'*' iM.~.-r\u...""""~.... cz. Q ~'IV' "'.!.~
7.
lIill highly flammable or' potentially
substances be used or stored
site? tsl..,
How many estimated automobile trips,per day, will be generated by
the project? +e.ur: ~ C...if2..4l.>(c. ~'("~I.'.\-.e...
""'.l .......,~ c~S.
Describe (if any) off-site improvements necessary to implement the
project, and thei r points of access or connect ion to the project
sfte. Improvements include but not limited to the following: new
streets; street widening; extension of gas, electric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
explosive lIaterials or
within the project
8.
9.
IJ~
D. DESCRIPTION OF ENVIRONMENTAL SETTING
1. Geoloov
Has a geology study been conducted on the property? ~O
(If yes, please attach)
Has a Soils Report on the project site been made? ~()
(If yes, please attach)
2. Hydroloov
Are any of the following features present on or adjacent to the
site? AiD (If yes, please .xplain in detail.)
a. Is there any surface .vidence of a shallow ground water
table?
b. Are there any watercourses or drainage improv.ments on or
adjacent to the site?
IIPC 0413p/9459P
-4-
;2,)-37
_\C\.~
.
c. Does runoff from the project site drain directly into or toward
a domestic water supply, lake, reservoir or bay?
d. Could drainage from the site cause erosion or siltation to
adjacent areas?
e. Describe all drainage facilities to be provided and their
location.
3. Noise
a. Are there any noise sources in the project vicinity which may
impact the project site? ,;~
4. Bioloav
a. Is the project site in a natural or partially natural state?
NO
b. If yes, has a biological survey been conducted on the property?
Yes
No
(Please attach a copy).
c.
all trees and vegetation on the site.
height, diameter, and species of trees, and
be removed by the~pr ject. -+'->"l-\€ ~
e..: I , ., I ""l\
Indicate
which (if
....
S. Past Use of the land
a. Are there any known historical or archeological resources
located on or near the project site? N~
b. Are there any known paleontological resources? ~
c. Have there been any hazardous ,aterials disposed of or stored on
or near the project site? ---iiO
d. What was the land previously used for? ~ iT#i~ Me::
WPC 0413p/94S9P
-5-
d- J-LjiJ
..- d-O .-
6. Current land Use
a. Describe all structures and land uses currently existing on the
project site. <;..e ?'7_
b. Describe all structures and land uses currently existing on
adjacent property.
. North c.o,,,~,~...Q. - ,~ r~....,........+ .....~,..~
South 1Ii\F- - ~" "~r.g.}
East .All f" - ~... ~~r'.e"
West '1j1.\c.A , """-\'1(>~" ,,~
7. Social
a. Are there any residents on site? (If so, how many?)
~S-.{o
b.
Are there any current employment opportunities on\~i\e?l (If so,
how many and what type?) p.'"br"A.t.~...f.... r""~ 1c:u.i<1..;CL1f"~
8. Please provide any other information which may assist in the
evaluation of the proposed project.
~ s~~ ....-\ "?I ~~.~ ~ It.\\{ ~ ~~
h ~re.J oc-J ~ 'e, 't-Ll..",'("~ c..;.rf~
(J..,Q,I";'1 .L~~ f{..e.. kOil'1~. A .fA-/.. i~,\l -h'c:l.;..c,F=-
~W1~'\<<' d;,~+C.MS {.., rL1~rc.,,-~I} of- r-ff-e",-tf
S<t:.:W c,,;Ut..v?c.€l;.j ~....d.. QS" J.b -+r~~""'\/o.'O ....."cf. t-~'.IJ. CAtt.e
WPC 0413p/9459P
-6-
de 1./1//
.....~I.....
E. CERTIFICATION
or
~~'" Lc"..,1"",
fxf'li..ol....Tlv.c J>\~~:t.
~~ 0""",, c..........-"l"1"1
~.".,. '"""
I,
Consultant or Agent*
HEREBY AFFIRM, that to the best of my bel ief, the statements and information
herein contained are in all respects true and correct and that all known
information concerning the project and its setting has been included in this
application for an Initial Study of possible environmental impact and any
enclosures for attachments thereto.
DATE:
*If acting for a corporation, include capacity and company name.
IiPC 0413p/9459P
.7.
02./ ~ '/02
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H
A ~YPICAL DAY FOR A FAMILY LIVIHO
IH SOUTB BAY COMMUHI~Y SERVICES SBORT-~RM BOUSIHO
AT 31 FOURTB AVEHUE
F_milv aackaround
Mr. and Mrs. Jones and their two children had been evict.d three
months ago from their two-bedroom apartment for not paying rent for
two consecutive months. They were unable to pay th.ir r.nt after
their son .nt.r.d the hospital for a broken l.g and ankle suffered
when falling off his bicycle.
The Jones family had no family in the ar.a, and had been living
with different fri.nds. After this arrangement became
inconvenient, they ended up on the street. They went to local
church for help and were referred to Lutheran Social Services,
where they were given a meal, preliminarily scr.ened, and referred
to South Bay Community Services.
Screenina Process
South Bay Community Services' Case Manager met with the family and
obtained information on the family and its background. Th. son
went to Mueller Elementary School in Chula Vista, the father had
recently left the Navy, was working as a stock clerk at a local
retail store, and was looking for a better paying job, and the
mother was not working, but was looking after their four year old
daughter. After following some of their references (inclUding
their old landlord and the school administration office) to ensure
the validity of their history, the Case Manager determined that the
family was eligible to live at 31 Fourth Avenue.
Next, the Case Manager reviewed the Bouse Rules, Program
Regulations, and Case Plan expectations with the entire family.
" Each of them agreed to abide by the rules and r.gulations and work
toward becoming self-sufficient. Each signed copies of the rules
and regulations.
Joinina other Families
After the Jones family settled in their unit, they join.d the r.st
of the families for dinner in the community kitchen. Mrs. Jon.s "
helped the volunteer teen group from a local church prepare
dessert, since she liked to cook. Mr. Jon.s join.d some of his n.w
friends to attend a class on op.ning and balancing a checking
account pr.sented by a volunt.er from a local bank branch.
Dev.loDina the C.s. Pl.n
After br.akfast and before leaving for work and school the next
day, the family met with the Ca.e Manager to d.v.lop th.ir -Case
Plan". They work.d together to dev.lop a -mis.ion- - to become
..If-.uffici.nt and move back into .n .partm.nt near Mu.ll.r School
within two months. They created three main goal.1 incr.... their
family income, incr.ase their ability to k..p th.ir .partment, and
~ / -tj L/
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&
11
increase their control over their lives.
To meet these goals, specific, measurable objectives were created:
1. Their daughter would be enrolled in Episcopal Community
Services' Parkway Bead Start program, and begin within one week.
2. The mother would now have more time to work. Because she
needed training, she decided to enroll in the MAAC Project's
Clerical Job Training program. After graduating from the six-week
program, she would be assisted with finding a job.
3. She would also sign-up for literacy tutoring through the Chula
Vista Literacy Team to improve her reading and writing skills.
4. Mr. Jones would continue working, but realign his work schedule
to weekends and evenings, leaving enough weekday hours free to
attend bookkeeping classes. Bis objective being a promotion to
assistant store manager within six months.
S. The Jones' would enroll their Bon in SBCS' Better Options
After-School Today program at Mueller Elementary School. The
program not only provides child care, but also offers homework
tutoring and other learning assistance, and encourages parent
involvement.
6. Ms. Jones would begin volunteering at the South Bay Family YMCA
(across the street) for five hours a week to improve her clerical
skills and would help cook dinners at 31 Fourth.
7. Mr. Jones would volunteer four hours a week at 31 Fourth
assisting with landscaping, he would begin to teach his son Borne
of the gardening and other skills he had learned from his father.
8. All family members would increase writing skills by keeping
daily journals.
9. Both parents would attend parenting skills and independent
living skills classes offered in the evenings at SBCS' office. with
on-site child care. Classe. would include nutrition, ..al
planning, shopping, budgeting, budgeting, and other skills. They
would learn how to find an affordable apartment and understanding
basic landlord/tenant relations and laws.
10. The family would participate in monthly resident council
..etings to evaluate the program and staff, and aodify procedures.
~h. Dav
After developing the case plan, Mr. Jones took the bus to work,
their son was driven to school with other children in the SBCS
project van, and Ms. Jone. stayed with the Case Manager to work on
enrolling their daughter in Bead Start and enrolling herself in job
~)-f~
,~~-
,
I
12
training. She would be given bus vouchers to attend the training
and her daughter would be taken to Bead Start in the project van.
The son was able to join the after-school day care that same day.
After a ride home in the SBCS van from the Program Director, he
joined his family for dinner, a quiet evening, and an early
bedtime.
On weekends, the family would enjoy the same recreational and
cultural activities as other Chula Vista families (i.e. parks,
bayfront, fairs, etc.). These families are no different than any
others. They are not homeless because of any personal or
individual defect.
MonitorinG and EvaluatinG a.sident'. ProGr...
As families move toward self-sufficiency, their needs will
change and their treatment plan will be modified. In order to
review their progress toward attaining goals and objectives, the
Case Manager will meet at least weekly with each family during
their first three months in the program and every other week
thereafter. The Program Director will review weekly progress made
on individual cases and the Case Manager's performance. The Case
Manager will also receive weekly clinical supervision from SBCS'
Clinical Director, a licensed MFCC.
Additional Hot..
Three meals would be provided to the Jones family and all other
families. Breakfast would be served from 6:30am to 7:30 am, at
which time bag lunches would be offered. Dinner will be served
from 6:00pm to 7:00pm. Special arrangements will be made for
individuals who.e schedule does not fit these times.
SBCS has been given a van by the u.S. Marshalls Service for use
transporting residents to school, work, and activities. To
encourage independence, SBCS will offer free bus tokens to
individuals able to utilize public transportation. Pinally, a
number of community organizations have offered to transport
residents as needed.
c2J -1/ c::.
,.. }--lo ~
. ....
/
F. PLANNING DEPARTMENT
1.
Current Zonina on site:
North
South
ElSt
West
CITY DATA
ClSe No. "lC:;' o\:~ ',3("
~-,3
~"'...~
~ -,~ ~
'Q.~ . roc' {')
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Does the project conform to the current zoning?
2.
General Plan land use
designation on site:
North
South
East
West
,\-A......, ~~ ~~''''''cl ~,~~,c-.\
.......,) t J
II
y~.
Is the project compatible with the General Plan land Use Diagram? \~. "
Is the project area designated for conservation or open space or adjacent
to an area so designated? ~<..
Is the project located adjacent to any scenic routes?
(If yes, describe the design techniques being used to protect or enhance
the scenic quality of the route.)
3. School s
If the proposed project is residential, please complete the following:
Students
Generated
From Proiect
School
Permanent
CaDacitv
Elementary
Jr. High
. Sr. High
4. Remarks:
"-,c,-\ ~~'\<~.
Temporary
CIDacitv
Current
[nrol'ment
OJ,. ....~"... ,"::, ~ C>" ~ ~\'O.K-
I
~\~cd.v\"",\~ ~.C\~ \,\<,,;';:i' (
J
~.w ~r';; ~. 1/) ~{ . I
Director of Pl.nni or R prese atlve
-f"Q:'.l
/F . /9 7~
Date
IIPC 0413p/94S9P
-8-
;2/_1-/7
- J-I)/
DE MINIMIS FEE UETERMINATION
(Chapter 1706, Statutes of 1990 - AS 31S8~
~ It is hereby found that this project involves no potential for
any adverse effect, either individually or cumulatively on
wildlife resources and that a "Certificate of Fee Exemption"
shall be prepared for this project.
_ It is hereby found that this project could potentially illpact
wildlife, individually or cumulatively and therefore fees in
accordance with SE!ction 711.4 (d) of the Fish and 'ame Code
shall be paid to the County Clerk.
"'1>"1' ~'~{ A. (#7 !~/ )
Enviro ental ReNiew Coo dinatOr
~/~/'1~
Date
WPC 0413p/94S9P
-26-
;2 / -L/[
""d-~ - .
-
ClSe No. -7S-9..?-X
H-1. PARKS AND RECREATION DEPARTMENT
1. Is project subject to Parks & Recreation Threshold requirements? ~,
If not, please explain. to \ n~
~ t::bi"i-.'t('~ t!:: ~ ~
2. How many acres parkland are necessary to serve the proposed
project? ~ ~
3. Are existing neighborhood and community parks near the project
adequate to serve the population increase resulting from this project?
~
Neighborhood
COllllllunity Parks
4. If not, are parkland dedications or other mitigation proposed as part
of the project adequate to;:J.serv the population increase?
Nei ghborhood ._
Community Parks
S. To meet City requirements, will applicant be required to:
Provide land? l' J i:!:.
Pay a fee? I
6. Remarks:
~~,J ~.
Pa ks and Recreation Director or Representative
~'l\.~
Date .
IiPC 0413p/9459P
-13-
clJ -'17
.---;tq ./
. .
G. ENGINEERING DEPARTMENT
ys- 567
/2E.v'5ED
ClSe No. ;'S-q3-~
REV(5ED
.
1. Drainaae
a.
Is the project site within a flood plain? ^,,,.
If so, state which FEMA Floodway Frequency Boundary ~~.
,'0/
b. What is the location and description of existing on-site
drainage facilities? e=..lDd(..f!!. ~'Tb ~D~ ~.rdl'!:
c.
V..u:..Jo"",. PblJ.t>lo.l&.!Stl ~~
Are they adequate to serve the project? ~.,.,~r...... 'n:> 801'..... _
If not, explain briefly. ~&: t;;rnr. ~"-I""'c. 'r:JDA-/H.&:., IAAPb.r/~M~
MA'fI -.,: /J.C"---"'''y
-
d.
What is the location and description of existing off-site
drainage facilities?Sv,"l:"&-".C' F/~.I !J,.,ItTWklAb> ~re::. ~u~ A-V&rIJt.JC:
~ .b'">WNC-J""I'Jt~AA u.-"'hI. II.1/.e:",: WHfGJ-I b'c::.-'t~DI'"- ~ A "71a.~ ~~/1"'lII.1 C~A/tI.lI
e.
Are they adequate to serve the project? )1::~. Yo 11oI_~"'- 11.1 JeuI.!d=F RtcM
If not, explain briefly. ~/A. SrrE.
2. TransDortation
a. What roads provide primary access to the project? z:;."J>TH AI/bible.
b. What is the estimated number of one-way auto trips to be
generated by the project (per day)? Nt'> II'C.I/.~'~E. e>V€1fL ExlcrJloIr.
L)&: .
c. What is the ADT and estimated level of service before and after
project completion? 1./0 IN~ 1101 ~R"/C: tJENEMT'lDto,J.
Before After
A.D. T. n5'J;/') 17~
L.O.S. Lo5> 'G" "It.. ~.Q..
~."c:."~~~
If the A.D. T. or L.O.S. is unknown or not applicable, explain
briefly. ~.
d. Are the primary Iccess roads Idequate to serve the project? If
not, explain briefly. YES..
;)/ ~5?J
WPC 84S9P
-14.
r~/
6
YS -5'b 7
~V(-;e:D
e.
ClSe No. ~~_
Are there any intersections at or near the 1l0int~~i"5~R1
result in an unacceptable Llvel of Service (LOS)? IVe.
If so, identify: Location 1{/A 0
Cumulat he L.O.S. ,,\/.4 0
Is there any dldication required? YE'~ ~I.L!N(; R:r~ A~UJ;: 0
If so, pllase specify.F-GV~'T""'AII1'".JtJ'" ,e.:r -~~ ~A 1I;b(~-L.Itt..LE
JJ~~l1. I:1r7zrrr /1../"'1'Jf1:. l!.n-vCc L!.I.Jr~~L A w' A AN 11I~'J~..ua.~ ~f:I::E.L &F
~IS t'fT>eCA/ WIU.st~t~drRl!l> "7t loW~d'n'fe? &/Jl4.a=-WIJm., SP\~ &iF &-.(t>
er any ree . widening require, D - ~"""n
If so, pllase speCify. ~.. Dt
f.
51.
h. Are there any other street 1aprovements required? Alo.
If so, pllase speCify the general nature of the necessary
improvements. IJ -4 .
o
3. Soil s N/A 0 EX IS"""J~ ~~vc.~E5.
ao Are there any anticipated adverse geotechnical conditions on the
project site?
b. If yes, speCify these conditions.
c. Is a soils report necess,ry?
4. land Form
5. Noite
a.
What is the average ~ slope of the site?
What is the maximum~ slope of the site?
2%
5%
b.
Are there any traffic-related noise l.vel s iapact1ng the s1te that
are significant .nough to justify that a noise analysis be rlquired
of the applicant? 11#>.
6. ~aste Generation
VPC '459P
How auch solid and liquid (Iewage) .astl .nl be 'Ineratld by the
proposed project ller day? " 1_ , ~~( )
:J.c/.6.~6v.pt. ~~ ~72.er<u.I..,-., I..D ElxJ. ~
So'1d .,...~ J:1E.1J~~~I....J. .Ltau1d &14nAM: ~~.~..,.~.,_......,.,,.,.J
What is the location and size of existing sewer 11nls on or
downstream from the site? B"w:.pIl.J r:;,,~ AfIbJ'-- ..~(,., In- Vl:P
"'OI'IIAI_~'" 1M ,,~" _zeor-.
Are they adequate to servI thl proposed project? ~.
cJ /-.5/
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-15.
Y5-5'=-7
f?Ev'rSE.P
7. R~marks
Case No. .E;-Q3-3f.
T2€v'/SED
WPC 9459P
Please identify and discuss any remaining potenttal adverse i.pacts,
.ttfgatton .easures, or other issues.
~ ~0
Cfty Eng neer or Representattve
t/1/9'3
Date '
d)-Q
-16-
r ,.9-/
~
"
M E M 0 RAN 0 U M
"
"
June 3, 1993
.
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.
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-.
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FROM:
Russ Collins, Sweetwater Authority
Bill Ullrich, Senior Civil En9ineer
Harold Rosenberg, City Traffic Engineer
Roger Daoust, Senior Civil Engineer
Mary Jane Oiosdado, Crime Prevention Unit
Rod Ha.tie, Captain, Fire Department
Barbara Reid, As.ociate Planner '-f'l'/~"(.,(
\
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SUBJECT: South Bay Community Services-3l Fourth Avenue
"
, ~ .
'Thank you for your comments regarding the application for a
Conditional Use Permit for the above cited address, The applicant
tlas revised the project description as attached. I will be
contacting you to determine it the requirements you forwarded
previously will still apply,
I would appreciate a written response by June 9, 1993. However, I
will contact you prior to that time to obtain your verbal comments,
'1'hank you in advance,
"
Barbara Reid
~
I~~~wn-k~~~
.0, ~ jt;~~~~~44f.~{
~JtN~ M~~i4#-:
a ~ ~&4!dt:'hY~ Ct///4J~
r . dI ~;/ /ZtJ/l,
~ ~A<tlPA'J~# ~ r_---..:......' ~
~1' ,P~.~"r-r~'
Wav(
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.
315 4th Avenue. Suite E . Chula Vista. CA 91910 . (619) 420-3620/9790/ 50S1
May 27, 1993
Barbara Reid
Martin Miller
City of Chula Vista Planning Department
276 Fourth Ave.
Chula Vista, CA 91910
Dear Ms. Reid and Mr. Miller,
South Bay Community Services has decided to modify its project
description for the short-term housing facility at 31 Fourth
Avenue. Instead of removing the kitchens from the 14 units, we
will be leaving the kitchens in place; we will not be installing a
commercial kitchen or providing congregate meals. We anticipate
that our rehabilitation costs will be less than $15,000 and will
consist mainly of deferred maintenance repairs, carpet replacement,
termite work, and painting. We do not anticipate the need for a
building permit for this rehabilitation.
As a result of leaving the kitchens in place, we will have a
maximum capacity for 43 tenants plus the 1 property manager. This
has been calculated as follows:
, , en'! b!'~rt:'of"'!I @ 3 per~..;nf; .. ,? pt!'reonc
6. _J
2 two bedrooms @ 5 persons - 10 persons
1 one bedroom @ I manager - I Derson
44 total
If you require additional information, please call me at 420-3620.
~enlY' j
JJh, O/!m(k
IVathe ine Lembo
txe ~ive Director
........."..-...
.
~~
\-:,"'....... \. ~ "!'"'
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APP':NDIX I
ENVIRONMENTAL CHECKLIST FORM
(To Be Completed By lead Agency)
I. Background
1. Name of Proponent -.so.",/) fic..( l("lrlllllll.1'4 ,:sc~...:. '-C,>,;
2. Address and Phone Number of Proponent ,~/'<5 'I'll) Hvcl'u
'<:;_;1".E (hule. L'rSlil {'f', 9/910
3.
4.
5.
Date of Checkl i st ~ 117 /9 oj'
I
Name of Proposal "'~r:,'''' 'i-L-"rL ,fJc~<"r:;
Init i al Study Number ::::; 5" 93 '0 .:;> (..,
-rc" 1b:p.J.c....:>
/II- r, ,~-" (.~.... J
II. Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on attached
sheets.)
~ MAYBE HQ
1. Earth. Will the proposal result in:
a. Unstable earth conditions or changes
in geologic substructures?
b. Disruptions, displacements,
compaction or overcovering of the
soil?
c. Change in topography or ground
surface relief features?
~/
#
,---
.J:C
d.
The destruction,
modification of any
or physical features?
covering or
unique geologic
I/'
J / ~~;;-~
{-
- 3
IIPC 9459P
-20-
.
e. Any increase in wind or water erosion
of sol1 s, either on or off t1.! site?
L
f. Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which .ay
modify the channel of a river or
stream or the bed of the ocean or any
bay, inlet or lake?
L
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, .udslides, ground
failure, or similar hazards?
,/
2. Air. Will result in:
a. Substantial air emissions or
deterioration of ambient air quality?
L
b. The creation of objectionable odors?
.
./
c. Alteration of air movement, moisture,
or temperature, or any change in
climate, either locally or regionally?
.'
3. Water. Will the Proposal result in:
a. Changes in currents, or the course or
direction of water movements, in
either marine or fresh waters?
~
b. Changes in absorption rates, drainage
patterns, or the rate and amount of
surface runoff?
v
c. Alterations to the course or flow of
flood waters?
..J.-'"
.2/~
,,3~/
WPC 9459P
-21-
-.
d. Change in the amount of surface water
in any water body?
0/
e.
Discharge into surface waters, or any
al terat i on of surface water qual i ty,
i nc 1 ud i ng but not 1i lilted to
temperature, dissolved oxygen or
turbidity?
./
f. Alteration of the direction or rate
of flow of ground waters?
L
g. Change in the quantity of ground
waters, either through direct
addi t ions or wi thdrawa 15, or through
interception of an aquifer by cuts or
excavations?
L
h. Substantial reduction in the amount
of water otherwise available for
public water supplies?
~
1.
Exposure of people or property to
water re lated hazards such as
flooding or tidal waves?
./
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species,
or number of any species of plants
(including trees, shrubs, grass,
crops, and aquatic plants)?
..J::"
b. Reduct i on of the numbers of any
unique, rare or endangered species of
plants?
~
c.
Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
./"
-
eJ/;57
- ;/)-
WPC 9459P
-22-
d.
Reduction in acreage
agric~ltural crop?
of
any
...JC
5. Ani.al Life. Will the proposal result in:
a.
Change in the diversity of species,
or numbers of any species of animal s
(birds, land animals including
reptiles, fish and shellfish, benthic
organisms or insects)?
,./
b. Reduction of the numbers of any
unique, rare or endangered species of
anima ls?
....:::""
c. Introduction of new species of
animals into an area, or result in a
barrier to the mi grat i on or movement
of animals?
..JC
d. Deteri orat i on to exist i ng fi sh or
wildlife habitat?
L
6. Noise. Will t~e proposal result in:
a. Increases in existing noise levels?
./
b. Exposure of people to severe noise
levels?
_/
7. Light and Glare. Will the proposal
produce new light or glare?
-'../
8. Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
.---
d / off(
/ 3~~
WPC 9459P
-23-
9.
Natural Resources.
result in:
Will the proposal
a. Increase in the rate of use of any
natural resources?
10. Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release
of hazardous substances (including,
but not limited to oil, pesticides,
chemicals or radiation) in the event
of an accident or upset conditions?
b. Possible interference with an
emergency response pl an or an
emergency evacuation plan?
11. Population. Will the proposal alter the
location, distribution, density, or growth
rate of the human population of an area?
12. Housing. Will the proposal affect
existing housing, or create a demand for
additional housing?
Will
the
13. Transportation/Circulation.
proposal result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking
facilities, or demand for new parking?
c. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns of
circulation or ~vement of people
and/or goods?
WPC 9459P
-24-
.;2/ ~~c;
~
.....
~
..::::
./
./
,/
----
~
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e. Alterations to waterborne, rail or
air traffic?
v
f.
Increase in traffi c hazards to motor
vehicles, bicyclists or pedestrians?
v
14. Public Services. Will the proposal have
an effect upon, or result in a need for new
or altered governmental services in any of
the following areas:
a.
Fire protection?
v
b. Police protection?
--
c. Schools?
./
d.
Pa rks or
facil \ties?
other
recreat i ona 1
_ v
e. Maintenance of public facilities,
including roads?
.,/
f.
Other governmental services?
./
15. Energy. Will the proposal result in:
a. Use of substantial amount of fuel or
energy?
....../
b.
Substantial increase in demand
existing sources or energy,
require the development of
sources of energy?
upon
or
new
;./'
16.
Thresholds.
impact the
Policies?
Will the proposal adversely
City's Threshold/Standards
~
~ / -~!l
___ t.f 0 ,-
WPC 9459p
-25-
17. Human Health. Will the proposal result
in:
a. Creation of any health hazard or
potential health hazard (excluding
ental health)?
~
b. Exposure of people to potential
health hazards?
.....!:/
18. Aesthetics. Will the proposal result in
the obstruction of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to public view?
./
19. Recreation. Will the proposal result in
an impact upon the qual ity or quantity of
existing recreational opportunities?
,/"
20. Cultural Resources.
a.
Will the proposal result in the
alteration of or the destruction of a
prehistoric or historic
archaeological site?
./
b. Wi 11 the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
L
c. Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
./
d.
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
~
;2/"t/
_ 4'''-
WPC 9459P
-26-
21. Mandatory Findings of Significance.
WPC 9459P
a.
Does the project have the potential
to degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history
or prehistory?
./
b.
Does the project have the potent i al
to achieve short-term, to the
disadvantage or long-term,
environmental goals? (A short-term
impact on the environment is one
which occurs in a relatively brief,
definitive period of time while
long-term impacts will endure well
into the future.)
./
c.
Does the project have impacts whi ch
are individually limited, but
cumulatively considerable? (A
project may impact two or more
separate resources where the impact
on each resource is relatively small,
but where the effect of the total of
those impacts on the envi ronment 15
significant.)
v
d.
Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
"./
-27-
.,)/~~;Z
~LPJ
ENVIRONMENTAL CHECKLIST
EARTH
As the proposed project consists of renovations to the interior of an existing multi-family
apartment building, there will be no changes in topography, or conditions that could lead to
an increase in wind or water erosion. No unique geologic physical features exist on the site.
AIR
The project is in conformance with the existing Air Basin Plan. There could be a minor
traffic/air quality reduction if fewer of the tenants drive cars as certain studies indicate.
WATER
This project is not in the Coastal Zone and there are no rivers or wetlands or other sensitive
aquatic resources within the ID:mediate area that could be impacted by the project.
The Threshold/Standards Policy requires that the developer will request and deliver to the City
a service availability letter from the Water District. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City Engineering Standards.
Engineering staff have noted that there is the potential for some drainage impacts as a result
of potentially inadequate on-site drainage. This is considered potentially significant as it
creates a safety hazard. A Mitigation Measure to reduce this to below a level of significance
has been included in the Negative Declaration.
PLANT AND ANIMAL LIFE
The project is in an urbanized area of the City and the site, if not first disturbed previously,
was disturbed in 1972 when a multi-family apartment building was constructed. There are no
sensitive or endangered plant or animal species in the immediate area. The project is in an
urbanized area of the City. The multi-family apartment building proposed for use by SBCS
was constructed in 1972 and has been in continual use as an apartment building since that date.
NOISE
Potentially, because the proposed use could house more residents than at the existing facility,
43 residents in addition to a resident ",anager, this would be an increase in the number of
people in the facility from 34 currently to a total of 44 residents.
There is an expectation that as a result there could be an incremental increase in noise.
However, it is expected that the sounds of children and adults will be minimum as the program
developed by the South Bay Community Services makes use of off-site facilities for
counseling, day-care job training for residents and their children as well as local schools.
Therefore, noise is not expected to be a significant impact. The proposed use is similar to
existing uses, that is as a multi-family dwelling. There is expected to be approximately 9 more
people living at the site than the current number of residents. However, due to the expected
c2/ r? J
Pagel /'
/' f3
WPC F:\HOME\PLANNING\968.93
reduction in resident vehicles from the present use, there would be no substantial change to the
existing environment of the site ill regard to vehicular use. In fact, there may be a slight
reduction in noise.
LIGHT AND GLARE
Staff in the Crime Prevention Unit of the Police Department recommend security lighting in
all areas around the buildings, walkways and parking area. In order to avoid potential lighting
impacts, a condition will be included that security lighting will not negatively impact
surrounding residents.
LAND USE
The proposed project would continue in effect the multi-family dwelling use of the site.
However, it will alter the structure of the possible long-term tenant to short-term temporary
housing for the homeless - under a conditional use permit. Concerns were raised regarding
noise, traffic, and increase in density, and public safety issues. Each of these issues has been
discussed in the appropriate sections of the Initial Study.
NATURAL RESOURCES
No natural resources are expected to be impacted. The proposal, therefore, is not expected to
increase the rate of the use of natural resources.
RISK OF UPSET
No hazardous materials or substances will be stored on site. Therefore, there cannot be a risk
of an explosion or release of hazardous substances in the event of an accident or upset
conditions.
In the meeting with a representative of the Fire Department, Fire Department staff commented
that they have adequate emergency access to the site and that two fire hydrants are in close
proximity to the site.
POPULA nON
There may be a very minor increase in population at this site from the current 34 residents to
a maximum of 43 residents. This does not substantially alter the population characteristics of
the area.
HOUSING
The proposed project could create a demand for a small amount of additional housing as the
residents go through the process of becoming self-sufficient, obtaining employment skills and
obtaining employment. Because of the small number of residents, the existing housing stock
in the City of Chula Vista will be adequate to serve the project residents.
WPC BIIOMElPLANNlNG\968.93
:2/ ~? i
Page 2 .r
-tf'~
TRANSPORT A TION/CIRCULA TION
No substantial Increase in traffic generation is expected as a result of this project. In fact, there
is an expected decrease in traffic since fewer of the residents are expected to have vehicles.
(See attached survey completed by SBCS of other similar facilities and the parking needs.)
Traffic safety hazards were' cited as a concern in the project area specifically the legality of use
of the access easement to the property, the fact that a number of traffic accidents have occurred
On Fourth A venue in the vicinity of the facility and that there could be additional vehicles
servicing the facility particularly as a result of the provision of the congregate kitchen.
The question of the applicant's legal access to the site upon purchase of the property has been
resolved by the title company.
There is adequate turnaround space and access for emergency vehicles as reviewed by City
Traffic Engineers and Fire Department staff.
As only a small number of the future residents are expected to have vehicles, there is not
. expected to be an increase in traffic accidents. (See attached survey completed by SBCS of
other similar facilities and the parking needs.)
The project description no longer includes a congregate kitchen.
The Threshold/Standards Policy requires that all intersections must operate at a Level of
Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur
during the peak two hours of the day at signalized intersections. Intersections west of 1-805
are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F"
during the average weekday peak hour. Intersections of arterials with freeway ramps are
exempted from this policy. The proposed project will comply with this Threshold Policy.
.
Engineering staff commented that the primary access roads are adequate to serve the project.
. As Fourth A venue is designated as a four-lane major street in the City's General Plan. an
irrevocable offer of dedication will be required to meet the half-width standards of said
designation. The requirement for an offer of dedication is not just as a result of this project,
but is required by the Engineering Department as a result of the application for a conditional
use permit.
: PUBLIC SERVICES
A. FirelEMS
The Threshold/Standards Policy requires that fire and medical units must be able to
respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or
less in 75% of the cases. The City of Chula Vista has indicated that this threshold
standard will be met, since the nearest fire station is 1.25 miles away and would be
associated with a 3 minute response time. The proposed project will comply with this
rhreshold Standard.
WPC F:\HOMElPLANNIN0\96I.93
d-./- &.~
Paae3 (,
~~.
The Fire Department is also requiring standard fire prevention equipment and facilities
on-site, such as detectors and fire extinguishers. Staff from the Fire Department have
also indicated that they have adequate emergency access.
B. Police
The Threshold/Standards Policy requires that police units must respond to 84% of
Priority I calls within 7 minutes or less and maintain an average response time to all
Priority I calls of 4.5 minutes or less. Police units must respond to 62% of Priority 2
calls within 7 minutes or less and maintain an average response time to all Priority 2
calls of 7 minutes or less. The . Police Department has indicated that the proposed
project will comply with this Threshold Policy.
Specifically, a Senior Analyst with the Police Department commented that the general
consensus among departmental staff was that the increase in police calls for service as
a result of this type of housing is negligible. As with any increase in the number of
residents, there is a corresponding expectation that calls for service will increase
slightly. However, this project does not create any unique concerns.
The staff in the Crime Prevention Unit of the Police Department recommend standard
crime prevention measures. They recommend that management re-key each unit as it
is re-assigned to a new family by installing an electronic locking system in which each
unit may be accessed by the use of a pass key computer card. Staff further recommend
trimming back trees and shrubbery supplemented with security lighting in all areas
around the building. Further the Police recommended that addresses be clearly
displayed at the main entrance and unit designations at each door. The Crime
Prevention Unit is available to provide a security survey with specific recommendations
prior to any occupancy and to provide training and assistance for the on site
management in maintaining a "neighborhood watch" atmosphere. These standard
measures are not unique to this project and are considered prudent security measures
for any project.
C. Schools
The existing school system' is not expected to be impacted by the small number of
children who will be residing in this facility and the transitional nature of the residency.
D. Parks
As this project consists of the renovation of existing multi-family housing and as multi-
family housing is not covered by the threshold/standards policy for' Parks and
Recreation the applicant is not required to pay impact fees or dedicate park land.
E. Energy
The proposed facility is not expected to substantially increase demand on existing
energy sources or to create a need for new energy.
WPC F,1II0ME\PLANNING\968.93
~) -~(,
Page :4b /
UTILITY AND SERVICE SYSTEMS
The proposed project is not expected to create a need for any new utilities or service systems.
The Threshold Standards require that sewage flows and volumes not exceed City engineering
standards. Individual projects will provide necessary improvements consistent with sewer
master plans and City engineering standards. The existing 8-inch VCP in Fourth Avenue and
lO-inch VCP downstream in "C" are adequate to serve the project.
HUMAN HEALTH
This proposed project will not create any human health problems.
AESTHETICS
As no changes are being made to the building, and as the building at present does not impact
any scenic vistas or views to the public, the proposal will not result in the creation of an
aesthetically offensive site open to public view.
RECREATION
The small number of people who will be residing in this residence will not result in a negative
impact to the quality or quantity of existing recreational opportunities.
CULTURAL RESOURCES
There are no significant cultural resources in the area.
MANDATORY FINDINGS OF SIGNIFICANCE
Based on the following findings, it is determined that the project described above will not have
a significant environmental impact and no environmental impact report needs to be prepared.
While the City is not required to prepare a negative declaration where a categorical exemption
is appropriate (Guidelines 15301), as is the case here, the City recognizes that transitional
housing is often controversial and that a negative declaration provides the public with an
opportunity to comment on the project and to better refme mitigation measures.
1. The project has the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fISh or wildlife species,
cause a fISh or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal, or eliminate
important examples ofthe major periods ofCalifomia history or prehistory.
The proposed project consists of the renovation of an existing multi-family
apartment building within an urbanized area of the City. There are no known
significant biological or historical or prehistorical resources on the site.
WPC Fo\llOMFJ'LANNlNG\968.93
~ / -I." ?
Page 5 '7'"
/f
2. The project has the potential to achieve short-term environmental goals to
the disadvantage of long-term environmental goals.
One of the City's Long Term Environmental Goals (found in the Housing
Element of the General Plan) is to recognize that homelessness is a regional
problem and that the provision of transitional housing in the South Bay is a
means of addressing that problem. The approval of this facility is in accordance
with the City's General Plan and would be a meaningful step towards achieving
the short-term goal of the provision of housing to assist the homeless and would
also be a step toward the long-term City goal of answering the homeless'
problem.
3. The project has possible effects which are iIIdividually limited but
cumulatively considerable. As used ill the subsection, "cumulatively
considerable" means that the incremental effects of an iIIdividual project
are considerable when viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of probable future
projects.
This project does not have the potential to be individually limited but
cumulatively considerable. The environmental analysis contained in the Initial
Study considered potential cumulative impacts. It was determined that there was
a very minor cumulative improvement to traffic and air pollution due to the
expected project-related reduction in traffic.
4. The environmental effects of a project will cause substantial adverse effects
on human beings, either directly or indirectly.
Substantial adverse effects on human beings usually result from hazardous
materials, noise, safety hazards, etc. One existing potential safety impact was
cited, due to potentially inadequate existing drainage. Mitigation is possible to
remedy this existing impact and thus reduce it to a level below significant.
Thus, no substantial adverse effects on human beings either directly or indirectly
are expected.
d/-?Y
WPC F:\HOME\PLANNING\968.93
Page 6 II
,.,LP r
SWEETWATER AUTHOR I.
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505 GARRETT AVENUE
POST OFFICE BOX 2328
CHULA VISTA. CALIFORNIA 91912.2328
(619) 420.14'3
FAX (6191 425-7469
June 9, 1993
.JJL .0
GQVERNtNG BOARD
SUE JARRETT. CHAIRM.....""
BlA) POCKUNG10f"L \liCE CHAIRMAN
EOWtN J STEELE
GEORGE H W....TERS
MARGARET A. WELSH
JAMES S WOLNIEWICZ
CARV f _ WRtGHT
WANDA AVERY
l1=IEASUFtER
OlAN J REEVES
SECRET.6.RV.ADMtNISTRATtVE AIDE
Ms. Barbara Reid
City of Chula Vista
Planning Department
276 Fourth Avenue
chula Vista, CA 91910
SUbject: WATER AVAILABILITY
PROPOSED SHORT TERM HOUSING FOR THE HOMELESS
31 FOURTH AVENUE
CASE NO: 15-93-36
SWA Gen. File: Water Availability, 1993
Dear Ms. Reid:
~ .
This letter is in response to the additional information received
concerning the conditional Use permit for the subject project
within the Sweetwater Authority service area. There is a 16-inch
A.C. water main located on the east side of 4th Avenue adjacent to
the proposed development. The Authority's records indicate that
there is one existing water service which serves the property.
Enclosed is a copy of 1/4 SEC. 136 map which shows these
facilities.
Since this is an existing apartment complex where the plumbing will
not be modified and the existing facilities meet the fire
department's requirements, the Authority will continue to provide
water service to the site.
If you have any questions, please contact Mr. Russell Collins at
420-1413, ext. 239.
Very truly yours,
SWEETWATER AUTHORITY
';'\ .) ,\ l\.
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,-
James L. Smyth
-Acting Chief Engineer
enclosure: photocopy of 1/4 SEC. 136 map
k:\lorelei\wpS1\eouthboy.wlt
,
pc: Russ collins, Sweetwater Authority
South Bay Community Services <1)
31 Fourth Ave., Chula Vista, CA 91910 0< ~ h {:;
A Publir Agfllc.\, I
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ENGINEERING DEPARTMENT
9.'eetwater Au1:llOrity
505 Garrett Ave.
(hula Vista, CA 92010
JUNE 2, 1993
31 FOURTH AVENUE
'!his letter will serve to confirm that existing water supplies
and fire hydrants are adequate for fire protection, purposes for
this developrent.
CAroL A. roVE
FIRE MARSHAL
CAG/l a
cc. Barbara Reid
Planning Dept.
d.)~7/
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ROUTING FORM
!
DATE:
May 10, 1993
.-
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\1;:. tt~Y 12 :':1 \I: ~.) M
-..
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!l'O :
~PLANNIN3&FACllil. c
Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff Swanson, ~ngineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Richard Rudolf, Assistant City Attorney (EIR only)
Carol Gove, Fire Department
Harty Schmidt, Parks & Recreation
Crime Prevention, Police Department
Current Planning
Gordon Howard, Advance Planning
Bob sennett, City Landscape Architect
Bob Leiter, Planning Director
Chula Vista Elementary School District, Kate Shurson
Sweetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
Other
., '00-.
'. -~ ~".
FROM:
Barbara Reid
Environmental Section
SUBJECT: Application for Initial Study (IS- 93-36IFA-~IDCI -010 )
Checkprint Draft ErR (20 days) (EIR-____IFB-____/DCI )
Review of a Draft ErR (EIR-____IFB-_/DP)
Review of Environmental Review Record FC- ERR-_)
The Project consists of:
A Conditional Use Permit to allow transitional or
short term housin9 (up to 60 days) for homeless
families in a 14 unit apt. complex. The project
will house up to 50 individuals at one time.
31 Fourth Avenue
Location:
Please review the document and forward.to me any comments you bave
by 5/14/93
Comments:
If additional buildings are constructed. school fees will be required.
d/-?~
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DATE:
May 18, 1993
Barbara Reid, Environmental Section
Mary Jane Diosdado, SCPS~J
Crime Prevention, PD r.J/'./'''r'
Initial Study, 31 Fourth Av
J\../I,.
TO:
FROM:
SUBJECT:
Comments regarding this project have just recently been provided
to Martin Miller, Planning Associate for a Conditional Land Use
Permit.
My primary concerns were to improving the exterior lighting and
landscaping. In addition, I recommended upgrading the building
security. I have spoken directly with the Project Administrator
and we will be working together on these recommendations.
Attached is a copy of those recommendations.
If you have other concerns that need to be addressed, please
contact me at 691-5127.
c2/~71
rJ~
_?T
FROM:
May 14, 1993
Martin Miller, Associate Planner
Via Acting Captain w~n, Investigations
Mary Jane Diosdado, S~f.~~1
Crime Prevention Unit ~f7V
Short Term Housing for Homeless
REC':::JVCO
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DATE:
TO:
PL/i:Vi "
SUBJECT :
Upon reviewing the plans for 31 Fourth Avenue, I discussed some
issues with Kathryn Lembo, South Bay Community Services. With
the upcoming re-modeling of this location, we discussed possible
considerations to improving each unit's security.
Although most of the improvements are planned for the interior of
each unit,. i.e; kitchen areas converted to a bedroom, I advised
her that with the limited sixty day occupancy, it would be
necessary for the management to re-key each unit as it is
reassigned to a new family. This would be the only way to insure
each new tenant would have a certain sense of security. I
recommend the most cost effective way to implement proper key
coding for each unit would be to install an electronic locking
system. This kind of system allows access to each unit by the
use of a pass key computer card. This type of security has been
implemented in many hotels due to significant volume of keys that
are not turned in by customers. Conversion to this type of
system should take place prior to any occupancy. One of these
systems is "Vingcard" a computer electronic lock system.
The visibility factor is a concern in all multi-family units.
Lighting and landscaping requirements will not only improve the
security, but will also effectively deter crime. Trimming back
trees and shrubbery, supplemented with, high efficiency security
lighting will discourage criminal activity. Maintain a minimum
of one candlefoot of light in all areas around the buildings,
walkways and parking area, and clearly display the address at the
main entrance and unit designations on each door. By increasing
this visibility factor it allows patrolling officers the ability
to monitor actlvity in and around the site. .
!l'he Crime Prevention Uni t is available to provide a securi ty
survey with. specific recommendations prior to any occupancy. We
would also llke to provide training and assistance for the on
site management in maintaining a "Neighborhood Watch" atmosphere.
I appreciate the opportunity to have input into the planning
process. If you have any questions, please feel free to contact
me anytime at 691-5127.
cc:
Brookover, SCA
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INTFRDEPARTMENTAL CORRESPONDENCE
DATE:
May 19, 1993
ro.:
Barbara
Reid, Associate Planner, Planning Dept.
Brookover,~enior Crime Analyst, Police
Dept.
FROM:
SUBJECT:
Barbara
South Bay Transition House, 31 Fourth Avenue
As a result of your request for police input regarding the
potential increase in crime at and around the location of the
proposed South Bay Transition House, 31 Fourth Avenue, I spoke
with several police supervisors. The general consensus was that
the increase in police calls for service,. as a result of this
type of housing, will be negligible. There is an expectation
that calls for service will increase slightly with any housing
development project, and the type of housing, in this particular
case, is not an issue.
There were a total of 43 documented crime incidents along 00-99
Fourth Avenue during the past six months. The majority of these
incidents involved assaults; many were associated with domestic
violence. It is anticipated that this type of activity will
continue, and perhaps increase slightly. It is also possible
that petty thefts at nearby stores will also increase slightly.
If you have any questions or need additional information, please
contact me.
cc: Merlin Wilson, Acting Investigative Captain
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City of Chula Vista
BOARD OF EOUCA TION
JOSEPH D. CUMMINGS, Ph,D,
LARRY CUNNINGHAM
SHARON GilES
PATRICK A, JUDD
GREG Fl SANOOV Al
SUPERINTENDENT
..oHN F, VUGRN, Ph,D,
CHULA VISTA ELEMENTARY SLlOOL DISTRICT
84 EAST "J" STREET' CHULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDNIDUAL OF GREAT WORTH
Previously Faxed
June 18, 1993
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Mr, Martin Miller
Planning Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: 31 Fourth Avenue I 15.93.36
14 Unit Apt. Complex Conversion to Homeless Housing
Dear Mr. Miller:
The District has carefully reviewed the proposed apartment conversion cited
above, both with City staff and staff from South Bay Community Services,
We believe impacts on Feaster School can be mitigated by the inclusion of the
following condition on the project's approval:
Children living in the temporary housing will continue to attend
their current schools, South Bay Community Services will provide
transportation,
Any children not currently attending school will be placed in an area school
based on space availability and/or special programs or needs,
If you have any questions, please do not hesitate to call.
Sincerely,
~s\.~
Kate Shurson
Director of Planning & Facilities
KS:dp
cc: Kathryn Lembo, S, Bay Community Services
msw:c:k-Iembo
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CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET. ChULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
ICARD OF EDUCA110N
JOSEPH 0 CUMMINGS. Ph.D.
LARRVCUNNINGHAM May 12, 1993
SHARON GILES
PATRICK A. JUDD
GREG R. SANDCV AL
SUPERINTENDENT
JOHN F. VUGRI<. Ph.D.
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Ms. Barbara Reid
Environmental Review Coordinator
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: 15-93-361 FA-623 1 DP-010
Location: 31 Fourth Avenue
Project: 14 Unit Apt. Complex (In existing bldg.) for Homeless
Families
Dear Ms. Reid
Thank you for the opportunity to review and comment on the Notice of
Initial Study for the 14 Unit Apartment Complex project referenced above.
Since it appears no new construction is involved, no school fees are
required. Should this situation change, school fees for residential
development would be due. The current fee of $2.65/square foot is
distributed as follows: $1.17 for Chula Vista Elementary School District,
$1.48 for Sweetwater Union High School District.
Even though no fees appear to be necessary, the District is still required
to sign off on the Certificate of Compliance.
Sincerely,
~~L. ':>~~~l"
Kate Shurson
Director of Planning & Facilities
KS:dp
cc: South Bay Community Services, Inc.
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ROUTING FORM
DATE: May 10, 1993
TO: Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff SWanson, ~ngineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Richard Rudolf, Assistant city Attorney (EIR only)
Carol Gove, Fire Department
Harty Schmidt, Parks & Recreation
Crime Prevention, Police Department
Current Planning
Gordon Howard, Advance Planning
Bob Sennett, City Landscape Architect
Bob Leiter, Planning Director
Chula Vista Elementary School District, Kate Shurson
Sweetwater Union B.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
Other
FROM:
Barba ra Rei d
Environmental section
SUBJECT: Application tor Initial Study (15- 93-36IFA-~/DO -010 )
Checkprint Draft EIR (20 days) (EIR-____IFB-____/DO )
Review of a Draft EIR (EIR-____/FB-_IDP)
Review of Environmental Review Record FC-____ERR-____)
The Project consists of:
~
A Conditional Use Permit to allow transitional or
short term housing (up to 60 days) for homeless
families in a 14 unit apt. complex. The project
will house up to 50 individuals at one time.
31 Fourth Avenue
Location:
Please review the document and forward to me any comments you bave
by 5/14/93
Comments:
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May 29, 1993
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Planning Commission of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
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Case No's: PCC-93-39/1S-93-36
In response to your Notice of Proposed mitigated Negative
Negative Declaration dated May 26, 1993 on the above
case, I would respectfully request that you consider my
response to the Planning Department, a copy of which is
enclosed, be considered a challenge to this Mitigated
Negative Declaration or conditional use permit, as this
ill-conceived proposal will surely end up in court and
I do not wish to lose any of my constitutional rights
because of my ignorance of your ADMINISTRA~IVE PROCEDURES.
Everyone of the issues I raised in this enclosed response
to the Planning Department should be preserved for me should
a positive approval ~s given by whatever Agency approves
such silly proposals.
Furthermore, the South Bay Community Services, Inc. is
in violation of their Conditional Use Permit at 1515
Hilltop Drive, Chula Vista.
I challenge the Planning Department that they are not
heeding the complaints of the next door neighbor, Mr.
and Mrs. Leo Wood at 1525 Hilltop Drive, as their
conditional use permit provides that neighbors will
not disturbed.
I wish to preserve my constitutional rights to present
evidence of the above violation at 1515 Hilltop Drive,
should a Court case develop, as evidence that the South
Bay Community Services, Inc. is not capable of handling
8 teen-agers let alone 50 homeless.
I wish at this point to enter whatever is necessary to
prove my points in court and I do not wish to be limited
by you or anyone else.
At the hearings to date, each speaker has been limited
to 2 or 3 minutes. This length of time is not sufficient
to bring to the attention of the Planning Commission the
danger to human life, the financial loss on the part of
adjacent property owners, thee~cnomic unfeasibility of
the proposed project and the unwillingness of the South
Bay Community Services, Inc. to allow the community to
seek out and find a more suitable location for their
transi tional housing. .-- 1.0 I /'
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I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the City Council voted funds in the amount of $720,000
at a Council meeting at 1:00 a. m. in the morning. This
vote came before the surrounding neighbors were notified
of the plans for 31 4th Avenue.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
th~ the City Council, after hearing complaints at a
Council meeting about granting $150,000 to the South Bay
Community Services for additional expenses in connection
witha~q~u~im. 31 4th Avenue, title to be vested in their
name, the City Council at the next meeting removed the
$150,000 from the South Bay Community Services, Inc. and
tacked it on to funds being allocated to the Otay Lighting
District, the $150,000 going to South Bay Community
Services, Inc.
I would like to preserve my constitutional rights that I
be allo.ed to present into evidence in a Court Hearing
that the Nayor and City Council and the Planning Department
as well as the South Bay Community Services, Inc. acted
ca~ritiously in entering into an agreement to contribute
funds for 31 4th Avenue, title to be vested in South Bay
Community Services, Inc. without first givin! adjacent
property owners the chance to voice their opinions.
I would like to preserve my constitutional rights that 1
be allowed to present into evidence in a Court Hearing
that adjacent property owners will be severely damaged
should the City Council approve the proposed transitional
housing at 31 4th Avenue and that 1 should be luaranteed
the legal right to ask for damages from the Chula Vista
City Council as well as from South Bay Community Services,
Inc.
1 would like to preserve my constitutional rilhts that 1
be allowed to present into evidence in a Court Hearing
that the City of Chula Vista and tbe Planninl Department
did not live me sufficient advice and notice, should it
be considered that I am in default of any of their
administrative rules.
I hereby request thar the Planning Department and tbe
Chula Vista Planning Commission advise me of my consti-
tutional rights to raise ALL OF THE ISSUES which would
bring about a NEGATIVE RESPONSE TO THIS PROPOSAL.
ly;
I am anxious7awaiting and expect to receive written
instructions from the person or persons in charge of
the ways in which 1 aay brinl up all of the issues - &)/
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against this proposal.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in-a Court Hearing
that the Planning Department of the City of Chula Vista
refused my request to build low-rent housing at 21 4th
Avwnue, Parcell, Parcel Map l2~.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the Chula Vista City Council has voted funds to
purchase 17 4th Avenue, Parcel 4, Parcel Map 127, for
low rent housing, Hud to pay 60% of the rent.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the Chula Vista City Council has voted funds to
purchase 31 4th Avenue, Parcel 3, Parcel Map 127, for
transitional housing for the homeless.
I would like to preserve my constitutional rights that I
be allowed to present into ~evidence in a Court Hearing
that my constitutional rights have been violated when
a public agency, such as the South Bay Community Services,
Inc. be given public funds to provide low rent housing
when the private sector is denied this right on the
very same Parcel Map--side-by-side locations.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that my constitutional rights have been violated when
a public agency, with no housing experience, be favored
over me, a private sector low-rent housing provider
with 40 years of experience in the City of Chula Vista;
In the event, at the public hearing each and everyone
of these points are not adequately presented to the
Planning Department at their Hearing on May 23, 1993.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the passage of a conditional use permit for 31
4th Avenue, Chula Vista, as a short term shelter for the
homeless is a dangerous location for the residents
therein and against the public interest.
Regina Hickey
21 4th Avenue
Chula Vista CA 91910
cc: Hart Klein
Bernita Sipan
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Application for a cl:>lTlfit.;i:on:al use permit for 31 4th Avenue
should be denied because applicant is attempting to use
the private property surrounding 31 4th Avenue for her per-
sonal use. Applicant is attempting to interject commercial
use in an R-4 zone, which is already dangerously overcrowded
because when #17, #31 and #45-49 were built the planning
department's requirements were one parking space per unit.
As you know, your experience has led you to upgrade your
requirements to one and one-half to one on all new and up-
graded buildings.
Lots 7 & 8 of Quartersection 136 were subdivided according
to Parcel Mmp 127. 21 4th Avenue is Parcel I, 45-49 is
Parcel 2, 31 4th Avenue is Parcel 3 and #17 is Parcel 4.
The map mailed out by Doug Reid is incorrect because it
does not show the easement which allows access to parcel 2,
3 and 4 to the parking areas behind their buildings.
Title to the easement was retained by the owner of 21 4th
Ave. #17 has rights of egress and ingress to its parking
area, 31 has rights of egress and ingress to its parking
area. The rights of 31 4th Avenue end right there. 31
4th Avenue has no right to the turn aroun~provided at 21
4th Avenue or at 47 4th Ave. This is private property and
if these two owners do not exercise their legal right to
keep all occupants of 31 4th Avenue off their property, then
the owners stand a very good chance of being sued for negli-
gence in the event of a law suit arising from the operation
of a "transitional 60 day time limited housing" at #31 4th.
In other words, 31 4th Avenue is landlocked and their parking
spaces will be limited to those they can fit into their 100
feet of land. Nothing over and above this. #31 4th Avenue
has made no provision for the 2d hammerhead turn-around re-
quired by the fire department and other emergency vehicles
and it questionable if they have space enough to provide one.
In this inadequate space of one parking space per units, the
proposed "limited housing" will have to fit delivery trucks
bringing in food, they have to fit in at least two sanitainers
to service their housing, they will have to provide parking
for school buses to load and unload the children, they will
have to provide parking for TV trucks, SDG & E trucks and
telephone trucks.
Since the easement is limited by deed to ingress and egress
there can be no parking in the easement. This equipment
is for the access of the fire truck and other emergency
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equipment and for the exclusive use of the 42 families
who live beyond in a land-locked situation at 45-47-49
4th Avenue.
Furthermore more, the pprkiug spaces behind 31
4th Avenue are so narrow that a large van such as a
Suburban, a trash truck, a delivery truck a service
truck, etc. cannot back out of the parking space into
the 20' easement and turn around to head out.
These large vehicles will have to back out of their
parking space, back out against incoming traffic across
the easement behind 17 4th Avenue and will head into a
planter strip installed to divide traffic going into and
coming out of 21 4th Avenue. Since the planter strip
prevents them from turning around, these large vehicles
will have to turn the corner and back out to 4th Avenue
against the on-coming traffic. When these large vehicles
reach 4th Avenue, they have no place to turn around and
they will have to back onto 4th Avenue against on-coming
traffic in order to turn their vehicle facing the traffic
in the right direction.
As the owner ofc2l~4th Avenue and the owner of all
private driveways onPattel Map 127, I have already faced
a similar situation a few years ago when the owner of the
17 4th Avenue building, in attempt to earn a reasonable
return on his investment, leased his facilities to a half
way house for cancer patients who were receiving drastic
diet treatment for the arrest of their cancer. The
delivery trucks and ,- the increased traffic for the
change from ordinary R-4 activities to a "semi-commercial"
(such as the "transitional housing" will be were faced)w~t~ faced with
the same situation the applicant will face; tha~ is the
delivery trucks could not turn around on my property because
I would not let them.
The own~r solved the problem by removing all land-
scaping in the rear of his building and install a concrete
turn-around behind the building so that these trucks could
cross over the incoming traffic and reach the out-going
traffic lane in order to face in the right direction.
The applicant might be able to do something similar
if two parking spaces were reserved for large vehicles
and a concrete driveway was built between the two buildings
so that the large vehicles could pull far enough so that
they could back across in the incoming traffic to reach
the out-going traffic lane in order to face in the right
direction to reach 4th Avenue.
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Of course, the spaces for the~wo sanitainers would
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take two spaces and the concrete turn around would take
two spaces in addition would encroach upon the only
area the children of the homelss would have to play
in the evenings and on week-ends and holidays when they
were not cared for by the applicant. The applicant
admitted that she would not care for the children at the
above times.
After all South Bay Community Services, Inc, is an
office. They are not care-givers but contract their
intended care out to others who do not attempt to give
24 hour care. They tend to be open only during regular
school house.
The parking situation on 4th Avenue is worse and
not better. The City has painted red the curb from the
fire plug in front of 17 4th Avenue to the corner of
4th and C Streets. This leaves parking spaces on the
curb in front of lots 2, 3, and 4 of Parcel Map 127
which amount to 12 or 13 spaces for the 84 families
who now occupy the apartment buildings on the above
lots. Since the private parking behind these three
buildings is already woefully inadequate, according to
current standards of the planning department, the over-
flow must park on the street.
This is public parking and may not be reserved for
anyone of the above parcels--first come; first served.
These spaces may be available, or may not be and cannot
be counted as parking for the increased use of 31 4th
Avenue.
When the school buses draw up to load and unload
the homeless children, they will have to park in the
traffic lane if parking is not available in front of
31 4th Avenue. If the concrete turn-around is build
behind 31 4th Avenue, the buses could, of course,
pull right up to the building on the concrete pad
provided and the children could then board the buses
with safety.
The problem with this plan is that there then
would be absolutely no place for the children to play
unless the parents of the children walk them down to
the light at the intersection of 4th and C Streets,
cross them across the street and stay at the park with
them while they play so that they can escort them
safely back to the transitional housing.
Another alternative which might come to mind is
parking spaces might be leased from Land of China
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Restaurant. If the homeless just park in the spaces
provided by Land of China Restaurant, this busines~
will be faced with the same legal problem which I faced.
If parking is permitted and not legally prohibited, then
Land of China Restaurant stands to be sued for any
occurrence on their property arising from the operation
of the transitional house at 31 4th Avenue. That, of
course, is up to them. It is possible they will be
willing to donate parking to the transitional house.
The other alternative would be for the City to donate
additional parking to the transitional house at the park
across the street. The homeless and their children
could safely cross at the traffic light at 4th and C
Streets and walk the short distance to their transitional
housing.
So much for the inadequate parking at 31 4th Avenue.
It may be that Mayor Tim Nader is so in favor of this
housing that he will work out one of the above solutions
to insufficient parking.
The other problem is safety. Considering 31 4th Avenue
is on a hill and approaching traffic leading north on 4th
Avenue is travelling at a high speed because there is no
stop light at the corner of 4th and D Streets. This
speeding traffic is TOTALLY UNAWARE OF STOPPED SCHOOL
BUSES or residents of 31 4th Avenue who might be jaywalking
across 4th Avenue in an effort to find a short cut to
the park.
In the past 10 years, 9 people have been injured in
front of 31 4th Avenue, pertaining to the traffic on 4th
Avenue. This statistic was provided by the Manager of 31
4th Avenue, who has lived there for 12 years.
Currently, there are 2 children living at 31 4th Avenue.
In order for the applicant's plan to work, she will be
forced to increase the number of children being exposed
to these traffic hazards. If there is an accident, then
the applicant will be morally and legally responsible,
especially in view of this written report reporting all
the traffic and parking conditions which exist and will
exist upon the approval of this application.
There is no access for the handicapped. There is no
curb cut in front of 31 4th Avenue. The only accessible
one is the one I installed at my driveway leading into
21 4th Avenue.
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Another issue I would like to bring to your attention
is serious overcrowding of the 31 4th Avenue as a transi-
tional housing.
There is currently two two-bedroom units and 10 one
bedroom units.
I haven't been provided with a copy of the plan to
remodel 31 4th Avenue, but I understand the two bedroom
units will be remodeled into kitchen and community areas.
Using the standard of safe housing used by apartment
builders today, the limit is two people per bedroom plus
one.
Using arithmetic, 10 one bedroom units would provide
sleeping accommodations for two ,,' adults and one child
for a total of 30 occupants.
The double standard used by the planning department
and the city council will allow 50 people in an area that
the current standard limits to 30 people. The apartment
ownern around 31 4th Avenue conform to the st~ndard but
applicant apparently does not plan to conform but will
crowd in 20 extra children (persumably) because they
will live there for only 60 days.
I get a little tired, of this double standard. I am
required by the planning department to follow the letter
of the law, but all around me are serious infractions on
the part of property owners and business owners because
they have the favor of the City Council (or whatever reason
the infractions are allowed).
I hope I have provided you with sufficient irrefutable
evidence that the project proposed by applicant has serious
and fatal flaws which will lead to a negative recommendation
on the part of the Environmental Review Section of the
Planning Department.
I hope I do not see one more example of favoritism
on the part of an agency which should apply the law fair
and equally to all applicants.
Regina Hickey
21 4th Avenue
Chula Vista CA 91910
420-3869
cc: Mayor and the City Council
Hart Klein
Bernita Sipan
Land of China Rest,aurant ?) _~cY
Chula Vista Fire Chief ~ 0
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I CHULA VISTA PLAJliNING DEPARTMENT
(!) APPLICANT: SOUTIIBA' CO~I~IV~ITY PROJECT DESCRIPTION:
SERVICES J Short term housing (up to 60 days) for homele~$
ADDRESS 31 t'OIRTII AH"n:d,j/2{ families for up to SO people (Public/Quasi u~e.
S C Al E' FILE NUMBER Rtquirts CityCollncil approval) - ~q ~
NORTH '''"' ~OO' PCC - 93 . 39
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CREASER & WARWICK, INC. " 345 "F" STREET, SUITE 230 " CHULA VISTA, CALIFORNIA 91910 " (619) 420-3300
May 17, 1993
2/
,
Environmental Review Coordinator
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 92012
RE: 31 Fourth Avenue
Gentlemen,
We represent the property commonly known as 125 Fourth Avenue, a ninety-
six (96) unit apartment development.
To allow a "transitional time limit housing" unit in such close proximity
would have a significant negative environmental effect on our property
especially at such a time in the business cycle as we now face.
Our property represents a considerable long term investment in Chula Vista.
Any action on the part of the City that threatens the stability of the
neighborhood could have serious adverse consequences to the character
of the community.
Sincerely,
CREASER & WARWICK, INC_
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Phil Creaser,
President
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May 21, 1993
VIA D881NGI:R
Mr. Douglas D. Reid
Environmental Review Coordinator
City ot Chula vista
Post Offiee Box 10B7
Chula Vista, California 92012
Re: 'outh .ay COmDunity service. Application for
Conditional U.e .ermit, Environmental aevie.
Initial .tu4y, 31 Fourth Avenue
Dear Mr. Reid:
On behal f ot our client, Mr. Hart Klein, the owner of
properties located at 45, 47 and 49 Fourth Avenue in the city of
Chula Vista, we submit to you this letter in re.ponse to the above-
refereneed Initial study ("IS"). As you can see frOm the cOm1l\ents
found herein, we bel ieve the proposed Conditional U.e Permit
("CUP") for "Transitional Housing" requires an Environm.ntal Impact
Report ("EII\") pur.uant to the california Environmental Quality Act
("CEQA") and the CEQA Guideline..
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There are presently fourteen (14) existing dwelling units
("OOs") on the subject property located at 31 Fourth Avenue, Chula
Vista, california. As we understand the application, the existing
fourteen (14) I)U. will be red..ic;ned to accollllllOdate fifty (50)
beds. One of the DU. will be utilized by an on-aite ..nager and
one DO will .erve as a kitchen for the total fourteen (14) DUB.
Theretore, the fifty (50) beds will need to be distributed in the
remaining twelve (12) DUs. It i. obvious that this proposal will
greatly iner.... the intensity of use for the 31 Fourth Av.nue
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Mr. Douglas D. Reid
May 21, 1993
Page 2
We are informed by our client that the proposed project, along
with a total of approximately one hundred six (106) DUs, will take
access by a very narrow alley. We are also informed that this
particular section of Fourth Avenue is heavily travelled and has a
recent history of a number of traffic related accidents. This
could be caused, in large: part, by the increased commercial
development that has occurred in the immediate vicinity of the 31
Fourth Avenue property (e.g. Target and Petco). The property is
also situated in close proximity to an on and off ramp for state
Route 54.
ENVIRONMENTAL ISSUES TO BE ADDRESSED
Based on the facts, as outlined hereinabove, it would appear
that an EIR should address, at the very least, the issues of
traffic, parking, noise, air quality and the combined issues of the
pUblic's health and safety. A thorough discussion of these and
other potential significant environmental impacts, and the required
mitigation thereof, of the CUP will afford the general public an
opportunity to fully understand the project. An opportunity that
CEQA and its Guidelines are designed to guarantee.
We thank you for an opportunity to take part in the IS.
Please send us a copy of the City'S Notice of Preparation and/or
any other pertinent City documents relating to the proposed CUP.
sincerely,
Paul E. Robinson, A.P.C.
McDONALD, BECHT , SOLBERG
PER/bar
cc: Mr. Hart Klein
..2 ) ~93
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PLANNING COMMISSION:MINUTES AND RESOLUTION
02 J -9 i
Excerot from Unofficial Plannim!: Commission Minutes of 6/23/93
ITEM I:
PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-93-39; REQUEST
TO ESTABLISH SHORT-TERM TRANSITIONAL HOUSING FOR
HOMELESS FAMILIES UP TO 44 PEOPLE AT 31 FOURTH AVENUE -
South Bay Community Services
Associate Planner Miller presented the staff report. Staff recommended Commission approval
of the proposal in accordance with the draft City Council resolution with the exception of finding
no. 4, which should read as follows: "The conditional approval of PCC-93-39 complies with
the regulations and conditions of the Municipal Code, and that the project is conditioned to
comply with the requirements of all applicable City departments, will not generate excessive
traffic, and provides adequate off-street parking in accordance with Planning Commission
determination pursuant to the Chula Vista Municipal Code, Section 19.54.050. The Planning
Commission further finds that this is a quasi-public use and not enumerated in Section 19.62
and, therefore, based on staff analysis, 18 parking spaces is an appropriate amount of parking
for this facility.
Mr. Miller noted, also, that condition no. 4 had been refined to read "Transport all school-age
children to their current school of attendance. In the event the child must attend a school within
the Chula Vista Elementary School District, said child shall attend the school determined by the
District based on space availability." These changes were made at the request of the Chula
Vista Elementary School District.
Mr. Miller restated staff's recommendation that the Planning Commission find that the project
would have no significant environmental impacts and adopt the Negative Declaration issued on
IS-93-36; and adopt Resolution PCC-93-39 recommending that the City Council approve
Conditional Use Permit PCC-93-39, based on the revised findings and subject to the revised
conditions contained in the Draft City Council resolution.
Commissioner Carson asked about the overall increase in the number of residents in the
complex. She noted that the Resource Conservation Commission minutes reflected a concern
regarding the existing population being at 34 and increasing to 44. Commissioner Carson asked
staff's rationale for increasing to 44. Mr. Miller said the existing population in this facility was
34, which may include single people or couples with no children. The project emphasis was on
family units and, therefore, there would be an anticipated minimal increase in the number of
children. That was the purpose of Condition #4.
Commissioner Carson asked if the money allocated in the budget was for this specific location;
it had been implied by some of the letters received that the City Council had already made up
its mind regarding this project. Mr. Miller said he had been informed that the funds were
contingent upon the conditional use permit being approved.
Housing Coordinator Arroyo of the Community Development Department stated that the funding
which had been identified as a source of funding from the Federal Government could be used
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for these types of projects contingent upon approval by the Planning Commission of the
conditional use permit and approval by the City Council. The funding for this particular project
could be from a combination of sources.
Commissioner Carson questioned the timeframe the families would have for daily counselling
to take place before school or work and if there would be a previous counselling time. She also
felt the timeframe was too short for training; could a person who had previously had fInancial
problems change their habits in how to deal with money and be able to go to an apartment. Mr.
Miller deferred to South Bay Community Services for reply during the public hearing.
Commissioner Martin asked how they could be assured that these would be families instead of
single people. Mr. Miller said South Bay Community Services would screen each family unit;
the defInition of "family" was a legal term and staff had not approached that term because of
the controversy surrounding it.
Commissioner Martin questioned whether there was any monitoring by the City. Mr. Miller
said the conditional use permit application would have to be amended if housing for singles was
to be set up.
This being the time and the place as advertised, the public hearing was opened.
Kathryn Lembo, Executive Director, South Bay Community Services, 315 Fourth Avenue,
CV, asked those present in support of the project to stand. One-half to three-fourths of the
audience stood. Ms. Lembo proceeded to give the fIrm's qualifications and experience.
Regarding the definition of families, they were defined as people with children under 18 years
of age; they may be single-parent families either male or female; some may be dual-parent
families.
Regarding the amount of time, Casa Nuestra had a 90% success rate either returning the young
people to their original home or successfully having them go out on their own. The 60-day
timeframe was based on research of other types of facilities nationwide. If a family may need
an additional week or two, that would be supplied.
The screening would include drug and alcohol testing if they had any doubt about their use. If
the applicants did not want to take it, they would not be able to move in.
The goals and objectives are reached in discussion with the family's case manager during
sessions; then each day the family as a unit would discuss them at breakfast for that day.
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Regarding complaints against Casa Nuestra, Ms. Lembo said there was one neighbor who was
still opposed. There were eight other neighbors who had signed the petition in support of this
project and had come before the Council at the one-year review of Casa Nuestra in support.
Dan Marcus, 315 Fourth Ave., CV, representing South Bay Community Services, said there
were over 1,000 homeless individuals nightly in the South Bay, the majority of which were
families. There were only eight beds for the homeless in South Bay. He supported the project.
Anita Landrum said she lived in the area of 31 Fourth Avenue, but preferred not to give her
address. She was under the impression that the petition she had signed was for drunken bums,
junkies, etc. who would be living close to her and she did not want them near her child or near
her home or downtown. She had found it was for a good use, and she supported the project.
Anne Wilson, 450 B Street, Suite 1010, San Diego, Program Director for San Diego LISC
Program, spoke in support of the project as a lender. She said LISC was a local San Diego
County source of working capital and investment capital for non-profit organizations trying to
fmd solutions to the problems with housing that confront lower income families in the County's
communities. Private corporate donations from corporations and banks and low interest loans
were used to provide funds. LISC had provided South Bay Community Services with $10,000
in working capital on their other Fourth Street development, which was a longer term
transitional housing program, and also had voted a commitment of $200,OOO--a five-year loan
to help the City of Chula Vista make contributions over five years to this development. In
underwriting South Bay Community Services, they had found them very strong.
Mary Nicolas, 17 Fourth Ave., #A, CV, said she worked at the Civil Department of South Bay
Court, supported the project.
Violeta Ochoa, 207 Sandstone St., CV, urged support of the project. She at one time had
been a homeless mother with four children, but there had been a program they could go to.
Directing her comments to Commissioner Carson, Ms. Ochoa said she had been in the program
four weeks, was now a counselor at South Bay Community Services, two of her children were
in college, and the other two were on their way to college. The goals could be reached with
help.
Brad Wilson, 626 Arthur Ave., CV, a Board Member of South Bay Community Services,
supported the project.
Pam Smith, 380 Third Ave., CV, District Manager of the Social Security Administrator and
Chair of the Chula Vista Human Services Council, spoke in support of the housing project, both
professionally and personally.
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Cheryl Cox, 647 Windsor Circle, CV, of the Chula Vista Elementary School District said the
School District had written a grant through McKinney to assist children with academic delays,
as well as social and emotional needs. They did not know if it had been funded. She urged
support of the project and pledged the cooperation of the Chula Vista Elementary School
District in providing academic, emotional, and social services for those children.
Cannen Martinez, 1225 Broadway, CV, said South Bay Community Services had been there
for her and helped her to go to school and to get a job. She supported the project.
Len Walton, 3123 Casa Bonita Drive, Bonita, served on the Advisory Committee for South
Bay Community Services, and had volunteered at Casa Nuestra. He expressed the need for the
homeless project and urged approval.
Bernita Sipan, 335 Kimball Terrace, CV, opposed - primarily R-l residential, many seniors
residing in area, setting a precedent, crime increase, illegals; who would give proper training?
are jobs available? counseling?; waste of taxpayer money, don't need facilities, could use vacant
apartments, charitable organizations to help.
Hart Klein/Barbara Klein, 11070 Caminito Vista Pacifica, SD 92131- opposed - family trust
adjacent to the subject site deferred to Paul Robinson.
Paul Robinson, 600 W. Broadway, SD, representing Hart and Barbara Klein - opposed -
project fast tracked; presented a letter suggesting flaws in the environmental process regarding
traffic, schools, drainage, and alternative sites.
Frank Sipan, 335 Kimball Terrace, CV - opposed - property value, equal protection, look at
other 31 sites and find site with less impact on residential character of the neighborhood, use the
money for a better site where there could be more aparttnents for the same amount of money.
Allen L. King, 601 Myra Avenue, CV, Vice Chair of the C.V. Housing Commission, stated
that the Chair of the Commission had asked him to represent the Commission in opposition of
the project. Two years previously the Commission had recommended that the Council not go
forward with a project near the same area because it was too much money; on February 24, this
project was before their Commission and they felt the price for the property was exorbitant to
help so few people. They were unanimously in favor of helping, but not with this project, not
at this price, and not at this site. The Council had totally disregarded the Commission's
recommendation.
Associate Planner Miller pointed out that the issue being considered dealt with land use
compatibility. The question of [mancial appropriateness or inappropriateness for the project had
been considered by the Redevelopment Agency at previous meetings.
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Ruth Piazzoni, 135 Fourth Ave., #5, CV, representing Chula Vista Townhouse Association,
opposed - too expensive for a few; not the kind of people needed in such a dense population of
seniors; need a home but not in their area; downgrading senior neighborhood.
Robert Frazer, 321 "D" St., CV - opposed - represents second social service facility within
one block of his horne, fourth facility within two blocks; adjustment for neighborhood;
trespassing, noise, and other problems related to other facility located next door to him;
placement of facilities should be spread throughout City in fair manner.
Regina Hickey, 21 Fourth Ave., CV - opposed - violation of conditional use permit at 1515
Hilltop Drive; suggested alternate plan of setting up citizens committee to provide for the 43
people; economically unfeasible; suggested integration of homeless families into existing
apartments using the neighbors as role model; offered 13 of her apartments at 21 Fourth Avenue
to house the people covered by this proposal at a rental rate of $450/mo. for as long as the
apartments were needed.
Barbara Orsa, co-owner of 21 Fourth Ave., CV - opposed - economically unfeasible; in
conflict with President's budget cuts.
Karla Orsa, co-owner of 21 Fourth Ave., CV - opposed - budget deficit, unemployed
workers, housing families in available rentals, freedom and opportunity for future generations.
Erica Orsa, co-owner of21 Fourth Ave., CV - opposed - urged change in zoning laws, equal
treatment of property, use of available rentals.
Terry W. Keith, 67 Fourth Ave. #H, CV - opposed - hidden agenda by SBCS in obtaining
property to qualify for more grant money to help support administrative costs of their agency;
not enough funds for security of the area and Eucalyptus Park; suggested as a condition that the
patrol area for the C.V. Police Dept. be extended down to "C" Street; undocumented aliens to
reside in properties in order to have legal address to collect various government subsidies in
order to exist; promotion of driving without insurance? questioned training in eight weeks in
order to make enough money to afford a $400 or $450 apartment; questioned compliance with
ADA rules by cutting down shrubbery and adding lighting.
Rick Alcorta, 47 Fourth Ave., #L, CV - opposed - said he had circulated the petition and had
not misinterpret the intentions of SBCS; is Manager of Park Vista Apartment located at 45, 47,
49 Fourth A venue next door to the proposed site of the homeless shelter; on behalf of the
residents of Park Vista Apartments requested that the CUP be denied because of the expense and
unfeasible location; vacancies would occur in his apartments if this shelter were approved; unfair
to relocate tenants at 31 Fourth A venue; rotation of families would create traffic and confusion
as to who should actually be at the proposed site; increased number of children; traffic accidents.
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Marcella Gomez, 135 Guava Ave., CV, representing several seniors who could not be present
- opposed - area not well situated for homeless family center; area in jeopardy of becoming a
homeless community without the center; noted areas homeless were already using; other
alternatives could be pursued; use the funds to spread throughout community; use another center
to conduct meetings; National City willing to contribute--why can't National City pursue their
own center; ample for families to attend in San Diego; why can't Chula Vista transfer money
to facilities which already exist; not enough resources for police to patrol the center; no
background checks.
Judith Pogue, 115 Landis Ave., CV - opposed - predominantly single-family homes; setting
precedent; much opposition from the neighbors; SBCS had not approached the neighbors
regarding their feelings about the project; provides no benefit to neighborhood.
Barbara Phillips, Chula Vista Mobilehome Court, 8 Via Nomentana, CV, a senior citizens
mobilehome park - opposed - not a proper place to put homeless shelter; price too high for not
enough people.
Joan B. Perry, 521 Orange Ave., CV, owner of a mobilehome in the Chula Vista Mobilehome
Court - opposed - inappropriate neighborhood; thoughtless to put in high density senior area;
dangerous for seniors to walk; need peace and quiet.
Emerald Randolph, 2856 Echo Valley Rd., Jamul, said she was Director of the Temporary
Restraining Order Clinic in San Diego. She had worked with the School District as Director
of Student Welfare and Attendance and had suggested help for the homeless families to Kathy
Limbo. The School District checks for residency verification. She said there was a wrong
connotation of "homeless." Spoke in support.
Martino Mazon, 31 Fourth Ave., CV - opposed - did not know she would have to move until
she saw it in the paper; next morning found homeless in front yard and graffiti on walls; tenants
were like a family; bad location; pick a place where people are not forced out of their homes;
would rather pay taxes to build a new facility.
Margaret Varante (did not give address, but said she lived in a mobilehome park in San Diego)
- supported - was disappointed that person with 13 vacancies wanted to fill them; someone else
owning four lots that had been turned down on a building permit was at the hearing to take it
out on people that did not deserve it; the two issues should be addressed the way staff
recommended it.
Randy Pogue, 115 Landis Ave., CV - opposed - asked those who had stood in favor before
to stand again if they owned property in the area being proposed. A few stood, but it was noted
that some with children had already left the meeting.
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Steven Norton, 129 Guava Ave., CV - opposed - felt it would be better for the homeless to
live in an area among others who were not homeless. To be with others in the same condition
reinforced the condition.
Dan Dennison, 659 Jefferson Ave., CV - supported - voted for it in the Mayor's task force;
said it needed to be done; talk was cheap; it took money to take care of it; the benefits would
outweigh the problems; families would be together.
Michael Ochoa, 207 Sandstone, CV - supported - asked how Chula Vista could be made
worse when they would be taking people off the street; how could a price be put on help for the
community; it would not make Chula Vista a better place by keeping homeless on the street; he
said he was the son of Mrs. Ochoa who had spoken earlier and had been homeless; when their
family could not take care of them, a shelter provided for them.
The following submitted speaker slips in support, but did not speak:
Shirley & Bill Bettencourt, Bonita 91902; Sue & Steve Wavra, 5866 Whirlybird Way, Bonita
91902-representing C.V. Presbyterian Church; Judith Johnson, 3656 Louisiana St., SD 92104;
Raul Martinez, 3656 Louisiana St. SD 92104; Elizabeth Iniguez, 489 D St. #I, CV 91910; Rev.
Dr. Alan Wyneken, 355 Canyon Ridge Dr., Bonita 91902-representing Pilgrim Lutheran
Church, CV; Ranie Hunter, 1910 Rue Michelle, CV 91913; Claudio Balestra, 314 Park Way,
CV 9191O-representing Episcopal Community Services; Sharon Cewazos, 566 Park Way, CV
91910; Charles L. Pugsley, 3702 Wild Oats Ln, Bonita 91902; Tammy Franklin, 174 Tremont,
CV 91911; Lydia Mojean, 329 Topaz Ct., CV 901911; Stymie Ohlson, 2414 Palermo Dr., SD
92106; Maria Martinez, 1225 Broadway, Apt 412, CV 91911; Estela Lemos, 76 Oaklawn, CV
91910; Steven Wood, 6783 Alvarado Rd, #1, SD 92120; Eddie Perez, 3228 Glen Abbey Blvd.,
CV 91910; Edward Penoz, 76 Oaklawn Ave., CV 91910; Rick Newmyer, 6733 Paris Way, CV;
Patty Gorman, 578 Vance St., CV 91910; Bill Molina, 1088 Sage View, CV; Nancy Gorman
580 Vance St., CV 91910; Janet Parnell, 246-A Rancho Drive; CV; Denise Hilbert, 246-A
Rancho Dr., CV; Carlos Amaya (no address); Tamera Myers (no address); Zerjesus Ries, 1515
Hilltop Dr., CV 91911; Jonathan Barber, 778 Elder Ave., CV 91911; Leslie J. Gonzalez, 1019
River Ash Dr., CV 91910; Chris Carter, 4871 Voltaire St., SD 92127; Jose and Martha Torres,
3618 Del Sol, SD 92154; Eddie Lemos, 76 Oaklawn, CV 91910; John Shepard, 846 La Senda,
CV 91910; Denielle Acuna, 415 Colorado, CV 91910; Luis Bello, 85 Oaklawn, #D, CV 91910;
Alex Lemos, 76 Oaklawn, CV 91910; Mario Herrera, 436 Colorado St., Apt. C; CV 91910;
George Trevino, 512 Casselman, CV 91910; Jo Castaneda, 321 CSt., CV 91910; Ray-Etta
Morrell, 116 Palomar St., CV 91911; Paul Perez, 307 Orange Ave., CV 91911; Hector
Morales, 4335 Hilltop Dr., Apt. I, CV 91911; Jose Luis Mendoza, 3120 Imperial Ave., SD;
Anthony A. Ramirez, 2035 Oceanview Blvd., SD; Keith Diffenderffer, 321 CSt., CV 91910;
Laurie Schmidt, 1148 Third Ave., Sp. 115, CV 91911; Martha Limon, 485 Emerson St., CV
91911; Teresa Limon, 485 Emerson St., CV 91911; Joe Espinoza, 443 Woodlawn, #D, CV
91910; Jose Trevino, 512 Casselman St., CV 91910; Guillermo Trevino, 509 Casselman St.,
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CV 91910; Robert Lally, 299 17th St., SD; Brad Wilson, 626 Arthur Ave., CV 91910; Maple
Henyan, 1260 Second Ave., CV 91911; Un Walton, 3123 Casa Bonita, Bonita 91912; Mary
Granelle; 90 Connoley Cr., CV 91910; Dan Dennison, 659 Jefferson Ave., CV 91910; Rhoda
Taylor, 470 Moss St., CV 91911; Robert M. Miller, 501 "H" St., CV 91910; Jacqueline J.
Jones, 501 "H" St., CV 91910; Cheryl Siega, 315 Fourth Ave., Suite E, CV 91910; Alice
Shepard; 846 La Senda, CV 91910; James Whitfield, 6630 Hedges Way, SD 92139; Robert
Etherington, 876 Hazy Glen Ct., CV 91910; Pauline H. Channell, 1458 Max Ave., CV 91911;
M. K. Dennison, 659 Jefferson St., CV 91910; Annie H. Matheny, 1261 Second Ave., CV
91911; Tarnra Heaps, 152 Sierra Way, CV 91911; Norman Knight, 1773 Broadway, CV 91911;
Earl Biggers, 6776 #26, CV 91910; Gene Merlino, 1470 Seacoast Dr., #B, IB 91932; Michael
W. Grady, 251-A Rancho Dr., CV 91911; Mary Case, 5972 Arboles St., SD 92120; Oshyrsol
Salazar, 1459 Sequena St., (no city named); David L. Sheldon, 13712 Jamul Dr., Jamul;
Lorenzo Higley, 450 B St., SD 92110; Elodia C. Gonzales; 2970 Coronado Ave., Sp. 38, SD
92154; Roxanne Morgan (homeless); John Iciak, 1193 Third Ave., CV 91911; Douglas and
Stephanie Lewis, 6059 Rancho Mission Rd., #202, SD 92108; Tom Saxton, 1195 Third St., CV
91911; Sherry Pehis, 575 James St., #A, CV 91910; Carmen Martinez, 1225 Broadway, #412,
CV 91911; Bethany Porter, 450 B St., SD 92101; Amy Perkins, 4040-84 Porte la Paz, SD
92122; Nanci Weiss, 2615 Congress St., SD 92110
No one else wishing to speak, the public hearing was closed.
Chair Fuller declared a break at 9:25 p.m.; the meeting reconvened at 9:32 p.m.
Chair Fuller emphasized that the items for consideration were the recommendations of staff, not
previous action by Council or any of the fmancial ramifications of the program. It was simply
whether or not the Commission agreed that the project had no environmental impacts, and adopt
the Negative Declaration, and also to find whether the Commission agreed or disagreed with the
issuance of a conditional use permit for the property.
Commissioner Martin asked if there was a conflict of information from the schools.
Associate Planner Miller replied that at one point the School District had been informed that
there were 44 children residing at this particular facility. That had since been explained that
there would be 44 people, one of which would be a resident manager, with the remainder being
tenant family groups. The maximum number of children would be 30. As a result of
consultations, it was decided to include the condition regarding transporting the children to their
current school of residence, and that if a child needed to be assigned to a school, the School
District would assign that child based on availability of a school, and that child would also be
transported by South Bay Community Services to the assigned school.
Chair Fuller also asked staff to respond to questions by the Attorney, Mr. Paul Robinson,
regarding drainage and the need to widen Fourth A venue at that location.
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Mr. Miller said that the requirement from the Engineering Department on the dedication of
right-of-way was included when the project was proposed at 50 residents; the project was
redefmed for 43 tenants, the circumstances changed, and it was determined that there was not
a nexus between the requirement and the project as proposed. On June 11, Senior Civil
Engineer Ullrich wrote a note to Planning staff that the reduction in work would not allow for
the requirement to install public improvements under the Code. Also, because the City was
involved with the project from a financial standpoint, this would be negotiated with the applicant
as a part of an agreement with them for the funds. For the purpose of the conditional use
permit, it could not be required.
Assistant City Attorney Rudolf stated that the original project was proposed to have 50 people,
but also called for substantial construction with extensive construction costs which would trigger
a Municipal Code requirement for the dedication. The project was reconfigured to eliminate
that, so there was no legal basis for the extraction. It was never an environmental issue; it was
only a Code requirement issue. It was his opinion that it was adequately addressed in the
Negative Declaration.
Regarding environmental issues, Associate Planner Reid said the School Districts were satisfied
that there were no environmental impact as a result of the project. The Traffic Engineer
reviewed the particular proposal and did not recommend that a traffic study would be needed;
regarding access and traffic figures, it met the City's threshold standards and there were no
problems indicated which would need to be addressed. Regarding the date of May 17, 1993,
on the cover of the Mitigated Negative Declaration, this was the date the draft Mitigated
Declaration was written, although it was not posted at the County until May 24. There was
adequate time for the receipt of comments by the public, as well as the other departments.
Changes in the project description had been made in response to comments to the proposed
Negative Declaration. Those changes had been incorporated into the Mitigated Negative
Declaration.
Ms. Reid said the original Mitigated Negative Declaration was posted as a Mitigated Negative
Declaration because there was a potential substantial effect on drainage. Upon follow-up to
determine what was the potential, Engineering determined it was not substantial and set forth
in the addendum the particulars of that and the way it could be dealt with. The drainage was
a pre-existing problem; it was not as a result of this project and was not seen as a potentially
significant impact after further analysis.
Regarding why alternatives were not dealt with in the Negative Declaration, CEQA requires
alternatives in an ErR and not in a Negative Declaration. Also, in processing the Negative
Declaration, there was not substantial evidence presented to require an environmental impact
report.
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Associate Planner Miller specified that the drainage problem was addressed in the Conditional
Use Permit because it posed a safety problem. Therefore, the applicant was conditioned to
address the problem to the satisfaction of the City Engineer, whether that be putting in drainage
pipes, lowering the soil in the flower beds, or a combination thereof, or some other solution.
It was up to the study that would be prepared as a result of any approval, and then the approval
to the satisfaction of the City Engineer.
Mr. Miller referred to the comments made regarding Casa Nuestra. He said that on June 10 the
project had been reviewed as a requirement of the original conditional use permit on a yearly
basis. The notices were sent out to the area residents, including the Woods, and no responses
or objections were received. The extension was granted on that particular project.
Commissioner Ray asked why a conditional use permit was being considered, since it was going
to house people for an extended period of time, although it was transitory. Why was a
conditional use permit required for an existing apartment building to be used as apartments?
Mr. Miller replied that it was because of the quasi-public nature of the project. South Bay
Community Services was a private non-profit organization, but they were doing quasi-public
work in the screening process. As a quasi-public use, it would be required.
Commissioner Ray asked if SBCS purchased the facility through other means and not involve
the City, could they buy the property and then lease it to the same people for a period of 60
days and not have to go through City approval.?
Mr. Miller answered that the financial aspect was beyond the purview of the Conditional Use
Permit and was not addressed.
Assistant City Attorney Rudolf concluded that Mr. Ray was asking if there were private funding
and no governmental funding, and the organization bought the property and then rented it at
market rate. Mr. Rudolf said that on a quasi-public use was where a social purpose is being
served at providing housing at a less-than-market rate for a social good, it becomes a quasi-
public use which triggers Chapter 19.54. If it was market rate, they would be like any other
property owner renting property and there was no quasi-public use.
Commissioner Ray asked if other landowners chose to rent them through an ad in the newspaper
for a lower price, would that fall under the same statute. Mr. Rudolf said in his opinion it
would. Providing subsidized housing at a lower-than-market rate would be a quasi-public use
and they would have to go through this process and receive a conditional use permit.
Commissioner Carson asked if there was a review period on the Conditional Use Permit for
review. She proposed that there be a review at the end of two years, similar to 1515 Hilltop
Drive. Mr. Miller answered that it could be easily incorporated into the conditions of approval.
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Commissioner Tarantino asked if the tenants who would have to move out would be assisted in
any way in terms of fmding another place to live.
At the request of Mr. Miller, Mr. Marcus of South Bay Community Services, said that each
tenant had been notified approximately two months before. He had met with the residents, and
would help them fmd another apartment and help pay for moving expenses and other incidental
costs. If an equitable apartment at the same rate could not be found, they would help to pay for
an equitable apartment which might cost $15 to $20 more in that neighborhood. With all the
vacancies in the area, they would like to find them apartments where they could keep the
relationships with the other tenants.
Commissioner Martin questioned the monitoring system; had there been reported events
regarding the other home nearby? If so, what assurances were there that that kind of activity
was unacceptable.
Mr. Miller answered that staff was not aware of the alleged problems with the other facility.
He pointed out that the other facility was permitted through the State and that the City by State
law had no jurisdiction over that; no conditional use permit was required at that facility. He
noted, also, that the facilities differ greatly in the clientele they would serve.
Commissioner Martin said this was an outstanding program; the facility had to be done well and
monitored closely; there should be someone the citizens could contact if there were problems.
Assistant Planning Director Lee noted that regarding the project on "D" Street, the City was
superseded by the State who authorizes certain facilities on a limited basis. The State was the
monitoring program for that facility. The program on Hilltop Drive was set up for review by
the City and there was no direct monitoring otherwise.
At the request of the Commission, Kathryn Lembo of SBCS said there would be a full-time
resident manager on site who would not be allowed to have another job. He would be paid for
being there on a full-time basis; Mr. Marcus at the SBCS office would be the next person to
contact; she would be next to contact. In addition to the conditional use permit, they would have
a development agreement with the Community Development Departments of both National City
and Chula Vista because they would provide the funding. In that development agreement, there
would be even more conditions dealing with issues other than land use.
At the request of Commissioner Moot, Mr. Miller explained how a conditional use permit
review would work for those present; how the notices would be sent out; and the consequences
of rmding that it should be revoked.
Principal Planner Griffin stated that the process which had been used for Casa Nuestra, which
was South Bay Community Service's facility on Hilltop for runaway teenage women, was the
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zoning administrator process after an initial review by the Council. The notice was sent out
asking the neighbors for input on any problems; it was very specific; staff wants them to report
any problems to them; there had been a few problems in the beginning based on staffing; the
problems had been immediately addressed by changing some staff, tightening some rules, and
the problems cleared up right away. On the next review period, there had been only a couple
of remaining problems from the one neighbor; at the last review period there had been no
comments from the neighbors. He suggested that the Commission could use the same process.
If problems could not be corrected, the permit would be returned to the Commission and Council
for consideration of additional conditions or revocation.
Chair Fuller noted that those opportunities for review through a conditional use permit afforded
a property owner or any resident living in an area where there were high density apartments
more opportunity to seek help with problems in the neighborhood.
Barbara Orsa asked from the audience who would own the property--the City of Chula Vista or
the South Bay Community Services.
Mr. Miller said South Bay Community Services would continue to own the property if they were
required to cease and desist. The ownership had nothing to do with a revocation of the
conditional use permit. They would be the property owners, and they could rent it out at market
value, if they so chose, or sell it.
Commissioner Ray asked if they were a quasi-public agency, why wouldn't the City still retain
some rights as to what was to be done with the property and the City was putting up some of
the money and the City was issuing the conditional use permit.
Assistant City Attorney Rudolf said that Mr. Miller's answer was correct; however, there would
be an agreement between SBCS and the Redevelopment Agency with many other conditions
included, and it was possible that there would be conditions in that agreement with regard to
fmancing that in the event they conduct the project in such a manner that they lose their
conditional use permit, that something might happen to ownership. There could be a right of
revert.
Mr. Arroyo of Community Development commented that if the property were to revert back and
they violated one of the conditions, one of the conditions being considered is that the funds that
were initially allocated would have to be repaid to the City if the use of the property were to
change significantly.
Commissioner Ray asked what would happen if the property were sold outright; would money
come back to the City?
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Mr. Arroyo said that would be an important point and would be taken into account in the
development agreement with the Agency.
Referring to Condition No.7, Commissioner Carson asked for wording for the review of the
conditional use permit.
Mr. Miller said item no. 7 was boilerplate wording and said that if the applicant did not take
advantage of the conditional use permit within one year, it becomes null and void. A new
Condition #8 could deal with the length of time for a review period.
Commissioner Moot asked if a similar review period and program as the Casa Nuestra, what
would that language be if they Commission wanted to add that as a condition of the Conditional
Use Permit.
Mr. Rudolf suggested that if the Commission desired, that they pass a motion with language
similar to that, staff would locate it and include it. He noted that this process of having built
in as a condition of a conditional use permit a periodic review was something that had
historically been done before the Code was amended to put in clear, cogent provisions regarding
to revocation of conditional use permits. He suggested that it was no longer necessary; there
now was a clear process in the Code for processing revocation of a conditional use permit if a
condition was thought to be violated. He did not feel it was necessary to include it.
Commissioner Carson felt people are very tolerant and do not want to be the first person to
report a problem. She would like to see the wording there, so the residents in the area would
know they had that recourse.
Mr. Rudolf suggested that a certain period and clarify who would be the reviewer--whether it
would be an administrative review by staff alone, Zoning Administrator, or by the Planning
Commission itself in a public hearing setting.
Principal Planner Griffin stated that he could suggest some language which was used in Casa
Nuestra. At the request of the Commission, he suggested the following:
"This Conditional Use Permit shall expire on _ (date), subject to review and
extension by the Zoning Administrator. Notice shall be given to all property
owners within 500 feet, plus any residents that submitted letters or spoke at the
hearing this evening. The decision of the Zoning Administrator may be appealed
to the Planning Commission. "
Commissioner Tuchscher asked for clarification as to whether it would be an annual review or
review period after one year and then no more.
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Commissioner Carson said that her intent was to review it annually for two years, and if there
were no complaints, there would be no review.
Commissioner Tuchscher suggested that it be administrative, rather than public hearing initially,
and asked about deleting the words "shall expire on." Mr. Griffm said the City Attorney was
suggesting, also, since it would be a review rather than expiration, that the language be deleted.
MSUC (Carson/Tuchscher) 7-0 to find that this project would have no significant
environmental impacts and adopt the Mitigated Negative Declaration on I.S. 93-36 and the
Addendum thereto.
MS (Carson/Ray) to adopt Resolution PCC-93-39 recommending that the City Council approve
PCC-93-39 based on the fmdings and subject to the conditions contained in the attached draft
City Council resolution with corrections to Finding #4, Condition #4, and the addition of
Condition #8, as revised.
Commissioner Ray, referring to item 2 of the resolution, was concerned that the facility would
house not only Chula Vista homeless, but also National City and surrounding South Bay
communities. He asked if the resolution, questions and responses were not geared toward Chula
Vista zoning for Chula Vista purposes.
Mr. Rudolf replied that the finding was that the general well being of the neighborhood or the
community be satisfied, with a broader finding that it would be of the general well being of the
entire South Bay. It could be rewritten to make it more narrow if the Commission desired.
Commissioner Ray did not believe the Commission would concur, but he felt it was too broad.
He was more concerned with Chula Vista than with the impact of his decision on National City
or another community which may be neighboring. He was concerned that National City
homeless would be in the facility and Chula Vista homeless still in the park.
Mr. Rudolf was comfortable that the fmding was defensible and met the requirement, and was
prepared to argue to a court that by having the people in this facility, it was good for the general
welfare of the neighborhood and the community in the immediate surrounding area, as well as
all of the City of Chula Vista and South Bay.
Commissioner Martin asked if would be possible to say that Chula Vista had priority. Chair
Fuller said that was not a condition, but had been proposed by SBCS.
Commissioner Moot clarified that there would be a yearly review, as Condition #8, by the
Zoning Administrator, and if after two consecutive yearly reviews no problems were noted, the
procedures would revert to the Code for any revocation thereafter.
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Mr. Rudolf said that the condition would not include any provision for an automatic revocation
or expiration, just calling for a public hearing by the Zoning Administrator to review it.
Commissioner Ray applauded Ms. Ochoa for her accomplishments. He felt it was outstanding
that she and her family had faced some hardships and had come out of it quite well. Her son
also did a fine job in his comments. He was taken aback by comments of some of the other
speakers. He noted that background checks and previous criminal activities of tenants were not
checked for anybody renting an apartment; he tended to agree with Mr. Frazier and Mr. Sipan
that this was not money well spent because he felt there were other facilities where public funds
could be better used. He would vote against it based on fiscal issues attached; however, the
Commission could only vote on the zoning. He would vote for the project because it was a
worthwhile endeavor. He applauded those who were in attendance earlier who had used South
Bay Community Services 'and had shown that non-profit organizations do well and can do well
with the support of public entities.
Commissioner Tuchscher asked South Bay Community Services to comment as to whether the
new condition, Condition #8, had any fmancial impacts on them or impacts on their fmancing.
Kathryn Lembo said it had no negative financial impacts, except for the amount of staff time that
may have to be devoted to it. The financing would come both from the Cities of Chula Vista
and National City and the State of California. The State of California had the same condition
on the Casa Nuestra and they had no problem with the condition.
Commissioner Carson commented that it could be a real coup for the City of Chula Vista if this
works like they would like to have it work--agencies working together for a common cause--
South Bay YMCA, the MAAC Project, elementary schools, secondary schools, the adult school,
the Literacy Team, the churches, the banks to help with the financing. What an idea! She
thanked SBCS for bringing it before the Commission.
VOTE:
7-0 - unanimously approved to grant the Conditional Use Permit.
Chair Fuller thanked everyone who came to share their thoughts.
Associate Planner Miller pointed out that this project was, tentatively scheduled for City Council
hearing on July 13, 1993, for those who desired to attend that public hearing.
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RESOLUTION NO. PCC-93-39
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE
PERMIT REQUEST TO ESTABLISH A SHORT-TERM, TRANSITIONAL
HOUSING PROJECT FOR HOMELESS FAMILIES AT 31 FOURTH AVENUE IN
THE R-3 ZONING DISTRICT
WHEREAS, a duly verified application for a conditional use permit was filed with the Planning
Department of the City of Chula Vista on April 28, 1993 by South Bay Community Services
("Applicant"); and
WHEREAS, said application requests approval of a conditional use permit (PCC-93-39) to
establish a short-term, transitional housing project for homeless families for a maximum of 43
residents and one resident manager in the R-3 Zoning District ("Project") at 31 Fourth Avenue
("Project Site") (Attachment "A" in the Staff Report); and
WHEREAS, the Planning Commission set the time and place for a hearing on said conditional
use permit application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners within
1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely June 23, 1993
at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed; and
WHEREAS, the Commission found that the project would have no significant environmental
impacts and adopted the Negative Declaration and Addendum issued on IS-93-36.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
hereby recommends that conditional use permit PCC-93-39 be approved by Council subject to the
findings and conditions in the attached draft City Council Resolution.
That a copy of this resolution be transmitted to the applicant and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this day 23rd day of June, 1993 by the following vote, to-wit:
AYES:
Commissioners Carson, Fuller, Martin, Moot, Ray, Tarantino, and Tuchscher
NOES:
None
ABSENT:
None
(
qAAA#<. -'d7~.
Susan Fuller, Chair
Cvl r; ,
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Nancy pley, ecre
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RESOURCE CONSERVATION COMMISSION MINlITES
,))/)) /
MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation CQmmi<sion
Chula Vista, California
DRAFt
6:00 p.m.
Mondav. .Tune 7. 1993
Conference Room #1
Public Services Buildinl!
CALL MEETING TO ORDERlROLL CALL: Meeting was called to order at
6:00 p.m. by Chairman Kracha. Present: Commissioners Kracha, Hall, Johnson, Burrascano.
Staff Present: Environmental Review Coordinator Doug Reid, Associate Planner Barbara Reid.
Mr. Reid advised the commission that member McNair had advised him verbally of her
resignation.
APPROVAL OF MINUTES: MSUC (Johnson/Hall) (4-0) to approve the minutes of the May
24, 1993 meeting as presented.
NEW BUSINESS:
1. Review of Ne~ative Declaration IS-93-36 - South Bay Community Services
Associate Planner Barbara Reid introduced Dan Marcus of South Bay Community Services to
review the proposal. Mr. Marcus cited the need for homeless family housing in the South Bay
area, adding that this issue was addressed in the city's General Plan. He stated that this program
would provide services for the homeless, coordinating with various public agencies. Families
may stay for up to 60 days, during which time they must be working or actively seeking
employment; a case manager will be assigned to each family. House rules will include
prohibitions against drugs, alcohol, etc.
-Commissioner Myers arrived at 6:08 p.m.-
Mr. Marcus answered questions from the commissioners. This program is for families only,
both (approximately SO/50) one- and two-parent families.
-Commissioner Ghougassian arrived at 6: 10 p.m.-
In response to further questions, Mr. Marcus stated that the City has committed to acquisition
funds, with South Bay Community Services to be responsible for operations funding. If families
are not stabilized after 60 days, SBCS will assist them into apartment units; additionally, a
transitional housing program is being studied for the adjacent property. The original proposal
has been modified somewhat in response to concerns raised; for example, each unit will have
a kitchen, rather than the communal kitchen originally planned. Each case manager will handle
twelve families, and the house rules are not yet completed.
Hart Klein, a neighboring property owner, addressed the commission, advising that the Chula
Vista Housing Authority had turned the project down on a 2-1 vote due to concerns about the
fiscal sense of the program, finding it unreasonably expensive. He stated that the neighbors
were against the project, and cited traffic/safety, lack of a play area for the children, and
insufficient on-site parking as some of the reasons for opposition to the program at this location.
_aD~
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REI;OURCE CONSERV AnON COMMISSION
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JUNE 9. 1993
Assistant Planner Reid summarized the concerns received in writing from neighbors, along with
staffs response, as follows: 1) lack of a play area - this is an existing problem rather than one
created by the program; 2) insufficient parking -a parking survey had been conducted, resulting
in the conclusion that the majority of homeless people do not have vehicles; 3) traffic accidents
on Fourth Avenue - project will not increase impacts due to less traffic originating from project;
4) noise -an accoustician had indicated that no impact would be anticipated; 5) fire access -fire
department feels that access is sufficient.
Commissioner Johnson asked if there was anything SBCS could do to make this project
acceptable to the neighbors; Mr. Klein responded that the neighbors were also concerned about
the fiscal responsibility of this program, citing other ways in which money could be spent to
achieve a homeless housing program. Mr. Marcus responded that alternatives had been looked
at.
Ms. Reid pointed out three corrections to be made on page two of the mitigated negative
declaration for this project. In paragraph one, third line, replace "resident" with "property
owner"; paragraph 6, line one, replace "19" spaces with "24" spaces; paragraph 6, line ten,
replace "0.38" (parking spaces per bed) with "0.16".
Commissioner Ghougassian asked what would happen if the program proves unsuccessful; Ms.
Reid responded that this would be handled through the conditional use permit as the land use
document.
Commissioner Myers stated that she strongly disagreed with the statement on page four of the
environmental checklist which indicates that the existing school system is not expected to be
impacted; she stated that the constant rotation of children from this program will impact the area
school. Commissioner Hall voiced agreement with Myers' statements.
MSC (Burrascano/Johnson) (5-1, Ghougassian opposed) to accept Mitigated Negative
Declaration IS-93-36.
MSUC (KrachalGhougassian) (6-0) that a condition of approval be included in the conditional
use permit requiring annual review of the program.
Commissioner Ghougassian felt that the City Council should note the following with regard to
this program: 1) the existing population is 34 persons; 2) sensitivity should ~ demonstrated
to the economic impact of this program on the neighborhood; 3) he is opposed to an additional
potential project next door for long term homeless, as it perpetuates the homeless.
2. Budi!et for Fiscal Year 1993 - 1994
Environmental ReviewCoordinator Doug Reid explained the proposed budget for the next fiscal
year, which has been tentatively approved by the City Council. Commissioner Kracha asked
for an explanation of expenditures by this commission for the next meeting; commissioner Hall
stated that she would like to look at ways of using excess funds next year to purchase plaques
c2J- / U ...JlI"
REC;OURCE CONSERVATION COMMISSlnN
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JUNE 9. 1993
for historic sites.
3. Review of Plannine Commission Aeenda for June 9. 1993
Mr. Reid explained the items before the Planning Commission at its next meeting.
STAff COMMENTS:
Mr. Reid reported that the City Council had continued the proposed administrative procedures
regarding the listing of the California Gnatcatcher from the meeting of June 1, 1993 until June
22, 1993.
COMMISSIONER'S COMMENTS:
Commissioner Hall stated that she had responded to the letter from the City Clerk indicating her
continued interest in serving on this commission.
Commissioner Myers stated that she had a schedule conflict with a class, and would therefore
miss meetings for the next three months. Mr. Reid indicated that these would be excused
absences.
Commissioner Ghougassian stated that he would probably miss the next meeting due to a
business trip.
ADJOURNMENT:
The meeting was adjourned at 7:37 p.m.
PiU~L_~ ~ V If\.-1\
Patty Nevins, Recorder
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PUBLIC FORUM SUMMARY
02.)-))5
7:30-7:40
7:40-7:50
7:50-8:00
8:00-8:30
SOUTH BAY COMMUNITY SERVICES
COMMUNITY MEETING
AGENDA
wednesday, April 28, 1993
7:30-8:30pm
Introduction to South Bay Community Services
Charles pugsley, Board of Directors President
Description of Short-Term Housing Project
Kathryn Lembo, SBCS Executive Director
Answers to Previous Community Questions
Kathryn Lembo, SBeS Executive Director
Question and Answer Period
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SOUTH BAY COMMUNITY SERVICES
COMMUNITY MEETING ON SHORT-TERM HOUSING
April 28, 1993
LOCATION: Chula Vista Boys & Girls Club, 465 L Street
ESTIMATED ATTENDANCE: 40
ESTIMATED SUPPORTERS/OPPONENTS: 20/20
Attendance List passed by SBCS: Unavailable. Currently in the
possess~on of Mrs. Charles W. Hickey, 21 Fourth Avenue, Chula
Vista, CA 91910
Introduction to South Bav Communitv Services
South Bay Community Services (SBCS) is a community-based, IRS 501
(c) (3) nonprofit organization serving the South San Diego Bay Area.
The agency's mission is to provide children, youth, and families
with services and programs which reinforce the family's role in the
community and assist individuals to aspire realistically to lives
of self-fulfillment.
SBCS began in 1971 as a treatment rehabilitation center for drug-
abusing teens. Over the years, other youth and family support
programs have been initiated including: juvenile diversion, gang
intervention, alternative schooling, after-school child care,
employment assistance, counseling, literacy/tutoring,
entrepreneurial training, AIDS prevention education and affordable
housing assistance. SBCS also runs Casa Nuestra, the only homeless
housing in the South Bay region, providing beds and 24-hour
services for runaway and homeless teens. SBCS served over 6000
local youths and family members in 1992.
Description of Short-Term Housinq proiect and Answers to Previous
Communi tv Ouestions
The project will provide 50 beds for Chula Vista and National City
homeless families with children working to become self-sufficient.
It will be located at 31 Fourth Avenue, Chula Vista.
Outside funds have been committed to leverage Chula Vista's money,
including $250,000 from National City, $31,000 from the local FEMA
Board, and $105,000 from the State of California's Proposition 84
Bond funds. The State awarded SBCS 87% of the dollars available
for the entire San Diego County, citing the need for a project like
this in the South Bay, and this project's viability.
Private donations for operations totaling more than $40,000 have
already been raised from groups like the San Diego Community
Foundation, Household Bank, Home Depot, and Wells Fargo Bank, plus
individual donors. Additional private dollars are currently being
sought. Fieldstone Corporation, a private developer is considering
donating rehabilitation work and materials.
Families will be referred from local organizations which currently
work with the homeless including schools, police, private nonprofit
organizations, and religious institutions.
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Families with any drug abuse, alcohol, or mental illness problems
will not be accepted into the program. They will be referred to,
and provided transportation to, other programs.
SBCS worked with City staff, the Ecumenical Council, and service
agencies to find an appropriate project site. 31 Fourth was chosen
after researching many other possibilities including bank
foreclosures, motels, abandoned buildings, and apartments.
The project costs much
projects in the area.
cost over $100,000 per
less per unit (@ $71,000) than similar
A project recently built at Third and Oxford
unit.
SBCS is coordinating a team of private, local service providers
including MAAC Project, Lutheran Social Services, and Episcopal
Community Services to provide a wide range of services geared at
helping families achieve self-sufficiency.
The services include: job training and referral, child care, case
management, health care, permanent housing referral, budgeting,
independent living skills, literacy training, psychological
counseling, and transportation.
There will be off-site child care and recreation activities for the
children, as well as on-site property management. SBCS will hire
an experience property management company.
SBCS staff has met with Mrs. Hickey, Mr. Klein, property residents,
and neighbors; listening to their concerns, answering questions,
and providing materials which they have requested.
Based on the experience of similar projects around the State of
California, the project will not decrease values of surrounding
properties, or add to the area's transient population, gang
membership, or crime. Rather it will diminish these problems in
Chula vista and National City by helping families become self-
sufficient.
Neighbors of SBCS' homeless youth shelter, including those directly
adjacent on the north and east sides, have signed a statement that
it, "has not posed any problems to our neighborhood.... they have
been considerate neighbors to us".
Attendees Ouestions and Answers
Bow will families enter the project?
Families will be referred through an established network of
social services providers, religious institutions, community
groups, and government agencies which currently work with homeless
families. No family will be able to enter the project without such
a referral. No family will be able to walk up to 31 Fourth Avenue
and move in to the project.
will the project be a safe house for illegal immigrants?
No, the project will provide housing and supportive services
c2}~J/[(
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for families willing to work to get back on their feet. South Bay
Community Services does not intend to house non-U.S. citizens or
families which are not from Chula vista or National City. HUD
guidelines and Federal Fair Housing law prohibit SBCS, and any
property owner, from rejecting certain housing applicants.
Then, how will you know families are Chula Vista or Rational City
residents?
Since the housing is only for families with children, we will
be able to utilize school records.
Can we meet a family that will live there?
Yes, homeless families will be asked to attend future public
meetings. (NOTE: At least one homeless family attended the May 11,
1993 City Council meeting where a Public Hearing on CDBG funding
for the project was held.)
This project will increase the huge federal budget deficit. How in
good conscience can a public entity do that?
#1. This project is utilizing dollars approved by Congress in
the 1992 fiscal year budget. These dollars have already been
appropriated for use funding homeless housing in America and are
already calculated as part of the federal deficit.
#2. Private dollars are also being utilized. Donations for
operations totaling more than $40,000 have already been raised from
groups like Household Bank, Home Depot, local religious
institutions, and individual donors. Additional private dollars
are currently being sought. Fieldstone Corporation, a private
developer is considering donating rehab work and materials.
#3. South Bay Community Services is not a public
organization, but a private organization, under Section 501(c)(3)
of the Internal Revenue Service code.
You paid too much for the apartment.
SBCS is in escrow to buy the 14-unit building for $720,000.
It was appraised by an MAI appraiser in April, 1992 at $750,000.
SBCS worked with City staff, the Ecumenical Council, and
service agencies to find an appropriate project site. 31 Fourth
was chosen after researching many other possibilities including
bank foreclosures, motels, abandoned buildings, and apartments.
The project costs much less per unit (@ $71,000) than similar
projects in the area. A project. recently built at Third and Oxford
cost over $100,000 per unit.
The apartment is unsuitable for children.
A number of children currently live in the apartment building.
Children in the proposed project will be provided with after-school
child care, Head Start, .volunteer "Big Brother\Big Sister" and
supervision programs. Eucalyptus Park and the YMCA are directly
across the street and are constantly busy with children playing.
Your program will decrea.e our property values.
A study conducted by the State of California's Department of
Housing and Community Development reviewed 15 studies nationwide on
c1J.~)/(
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the effects of affordable housing projects on neighboring property
values. It reports, "of these 15 publications, 14 reached to
conclusion that there are no significant negative effects from
locating subsidized, special-purpose or manufactured housing near
market-rate developments."
Neighbors of your homeless youth shelter have written and called
the City with complaints about noise and other problems (a sign was
posted with a letter from one neighbor, the Woods Family).
SBCS surveyed neighbors within the last two weeks. Eight
neighbors, including families directly adjacent to the north and
east signed the following petition, "We, the undersigned, declare
that we live in the vicinity of South Bay Community Services'
runaway and homeless youth shelter, Casa Nuestra. We have found
that Casa Nuestra has not posed any problems from their facility's
clients. The exterior of the house is kept clean and blends in
with the other houses on the block. They have been considerate
neighbors to us."
The proposed project will add to neighborhood problems like gangs
and crime.
SBCS operates a Gang Intervention Program in which four
experienced counselors work with gang members and youths involved
in gangs. They will help screen families to ensure no gang members
or associates live in the project.
Families will also be screened for alcohol, drug use, and
mental illness. Those needing these services will be referred to
other programs in San Diego. There will be no alcohol or drugs
allowed on the property.
How will the property be managed and maintained?
SBCS will hire an experienced property management company to
operate the property. This company will subcontract with
landscape and janitorial companies to maintain the property.
Additionally, SBCS will hire one Manager to work with families,
linking them to needed supportive services, and one half-time
Director to supervise project operations.
,)//))0
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LETTERS/PETITIONS FROM lNTERESTED PARTIES
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McDoNALD, HECHT & SOLBERG
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ALEX C MCDONALD"
A JOf-'N HECHT"
DARRYL 0 SOLBERG"
JEROLD H GOLDBERG'
PAUL E. ROBINSON'
THOMAS C. NE:LSONO
FlOBERTA S. ROBINSON'
DAVID W. BAGLEY, II'
CHARLES R. GILL"
MICHAEL J MAHER
RICHARD A. SCHU\..MAN
LAURI CROCE:: STREETER
DAVID R B LITTLE
PETER K. SOLE:CKI
A PARTNER$H1P INCLUCING PROFESSIONAl.. CORPORATIONS
TELEPHONE
(6\9) 23Si1-3444
ATTORNEYS AT LAW
600 WEST BI'lOADWAV. EIQHTI-l FLOOR
SAN DIEGO, CALIFORNIA 92101
TELECOPIER
1619) 232-682:8
.""',,"OTES" "~O"l!:5S'O"'A.. COA"O,.ATION
June 23, 1993
Chairperson Susan Fuller
and Members of the
Chula vista Planning Commission
276 Fourth Avenue
Chula Vista, California 92010
Re: Planning commission Agenda of June 23, 1993,
Public Hearing No.1, South Bay community services
("SBCS") Application for Conditional Use Permit
No. PCC-93-39
Dear Chairperson Fuller and Members of the Chula vista
Planning Commission:
We write you on behalf of our clients, Hart G. Klein and
Barbara G. Klein, Trustees of the Klein Family Trust dated January
22, 1980 and Alan J. Brant and Lavonne Brant, Co-Trustees of the
Brant Revocable Family Trust dated October 26, 1988, the owners of
properties located at 45, 47 and 49 Fourth Avenue in the City of
Chula vista. The purpose of this letter is to set forth various
reasons why vou should not recommend approval of the above-
referenced Conditional Use Permit ("CUP").
The property, which is the subject of the SBCS Application for
the CUP, is located at 31 Fourth Avenue in the City of Chula vista
("property"). currently, there exists fourteen (14) mUlti-family
dwelling units on the Property. The proposed CUP has been modified
to purportedly permit a maximum forty-four (44) persons to reside
on site. The prior application indicated that the Property would
be redeveloped to permit fifty (50) persons to reside on site. In
either event it is obvious that at a minimum the number of people
that will reside on the Property will increase by at least thirty-
three percent (33%) [it is estimated that approximately thirty (30)
people reside on the property presently.]
02)-1.21'
_lfJO '
June 23, 1993
Page 2
ENVIRONMENTAL ISSUES NOT ADEOUATELY ADDRESSED
It appears from the Chula vista Planning files that multiple
environmental impacts have not been addressed by the environmental
review process, which has culminated in the Negative Declaration
before you. We are attaching for your review a memorandum from Mr.
William Ulrich, City of Chula vista Engineering Department and a
letter from Ms. Kate Shurson, Director of Planning and Facilities,
Chula vista Elementary School District.
The Ulrich memorandum indicates that the Chula vista city
Engineers requested various public improvements in order for the
CUP to be approved. The need for these improvements have not found
their way into the environmental review process or the proposed
conditions of approval for the CUP. As you can see from the
memorandum, the city's engineers believe that the Chula vista
Municipal Code requires the inclusion of certain public
improvements, such as the widening of Fourth Avenue. These
environmental issues should have been discussed in an environmental
impact report ("ErR") and a clear statement should have been
incorporated as to why they are not required as conditions of
approval of the CUP, if that statement can be made. Somehow these
requests/issues by the City's engineers were lost or misplaced in
the selective Negative Declaration process.
The School District correspondence indicates a concern that
the proposed CUP could have an impact on at least one school within
the District. Granted, the concern of Ms. Kate Shurson was
modified in a subsequent letter, dated June 18, 1993, after the
conditions of approval for the CUP were modified. The point is
clear, the potential impacts to all affected schools should have
been addressed in the proper legal manner; by way of an EIR.
The most blatant disregard for the EIR process is found in the
Mitigated Negative Declaration and the Addendum to said document.
Both the Mitigated Negative Declaration and the Addendum provide a
discussion of potential drainage problems for the Property. The
original Mitigated Negative Declaration indicated that these issues
would be addressed at a later time to the satisfaction of the City
Engineer. The exact problems and the magnitude of those problems
are not clearly defined anywhere. The processing of an EIR would
have most likely required soils and/or drainage reports submitted
to the city. The analyses and the conclusions of those reports
would have been available for public review and comment. Once
again, having reconsidered the original Mitigated Negative
Declaration, an Addendum was hastily drafted and attached
2)~J;2v5
~ I 01 ~
June 23, 1993
Page 3
which purportedly provides the reader with additional information
and analyses. We submit those are not present in either the
Mitigated Negative Declaration or the afterthought Addendum.
As further evidence that the California Environmental Quality
Act and its guidelines were going to be ignored, the staff files
reveal a draft Mitigated Negative Declaration, dated May 17, 1993,
which is four (4) days prior to the end of the publ ic comment
period for the Environmental Initial study (ending May 21, 1993).
PUBLIC INVOLVEMENT IN THE CUP PROCESS
The City files indicate that SBCS contacted the neighbors of
the Property early in the planning stages for the CUP. We can
state, unequivocally, on behalf of our clients that this is not
accurate. The first time our clients were aware of the proposed
CUP was March 25, 1993, by way of an article in the San Diego
Union. It appeared that the CUP was well on its way by that date.
SBCS OPERATION MUST NOT DISCRIMINATE
SBCS represented to interested parties on April 28, 1993 that
"Families with drug abuse, alcohol, or mental illness problems will
not be accepted into the program." We believe this position would
violate federal laws.
The Fair Housing Amendments Act of 1988 and the Americans with
Disabilities Act of 1991 prohibits discrimination against various
groups including but not limited to the mentally ill and recovering
substance abusers for this type of housing. This is one more
example of misinformation, inadvertently provided or otherwise,
from SBCS.
CONCLUSION
If we had been provided more time, we would have been able to
submit to you information on a number of additional issues germane
to your decision. The essence of our position is that the Property
is inappropriate for the CUP. In addition, the process that has
been used by SBCS and city staff for the CUP is fatally flawed.
02J~/.2?
___10;)-/
June 23, 1993
Page 4
We respectfully ask that you recommend denial of the CUP to
the Chula vista City Council. This position is supported by the
Chula vista Housing Advisory Committee on Februarv 24. 1993 (4-2 to
deny) and the Chula vista star News on March 6, 1993.
sincerely,
A.P.C.
SOLBERG
PER/bar
Enclosures
cc: Mr. Hart G. Klein, (wjenclosures)
Mr. John Goss, (wjenclosures)
city Manager, City of Chula vista
Mr. Bruce Boogaard, (wjenclosures)
City Attorney, City of Chula vista
Mr. Robert Leiter, (wjenclosures)
planning Director, City of Chula vista
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May 11, 1993
File iI ZB-370
TO:
Martin Mil~er, Planniqg Department
f/~
VIA:
.
Clifford L. Swanson, Deputy Public Works Director\
City Enqineer ~
William A. Ullrich, Senior civil Engin
Harold Rosenberg, City Traffic Engineer
Conditional Use Permit for short term housing at 31
Fourth Avenue (PCC-93-39}
FROM:
,W"... ~.
",SUBJECT: .'
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t..:.t..~.,'!.::_~ Y,'
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;;,The- Public Works Department 'has reviewed the subject proposal. We
1fto not propose the inclusion of any conditions of approval for the
~'~9nditional Use Permit. However, we request that you provide the
.' ~~applicant with the fOllowing list of items which will be required
.,. t. in conjunction with any building permit.
;-'.',.".. .
:These items are required under the authority of the
Municipal Code:
1\.
Chula Vista
......... '
Street widening on Fourth Avenue to 45' centerline
pavement. Public improvements may include but not
to:
to edge of
be limited
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~.,
c.'
raised concrete median ( 1'2. !eECll"'(~EO Q<Cll"""" PE:FEJ:tAL. ~
asphalt concrete paving
curb, sidewalk, gutter
applicant may apply for a deferral of public improvements
a.
b.
d.
2.
A construction permit will be required for any work performed
in the street right-of-way.
3.
~ubmittal of improvement plans.
I'>
Street right of way dedication of ~I.
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CHULA VISTA ELEMENTARY SCHOOL DISTRICT
A4 F.AST "J" STRF.ET . CIIVIA VISTA. CALIFORNIA 91910 · 6]9425.9600
------.-
BACH CIIlLD IS AN INDIVIDUAL OF GREAT WORTH
June 17, 1993
Mr Martin Miller
Planning Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: 31 Fourth Avenue Its-93-36
14 Unit Apt. Complex (Existing Bldg.) for Homeless Families
Dear Mr Miller
On May 12. 1993, I responded to an initial study for this project (copy enclosed).
At that time. it was not clear how m~ny children would be involved I understand
now that the Center is anticipated to house between 34 - 44 children for
"transitional 60 day limited housing"
While it IS true that no new construction appears to be proposed and therefore,
nO developer fees are required. converting 14 apartments into a facility housing
that many children will create a significant impact on Feaster School, one of the
District's most overcrowded There is no capacity at that school to house any
additional children. as neighborhood children have been overflow bused from
that school all year.
We ask that the environmental review for this proposal provide mitigation for
these adverse impacts on elementary facilities.
If you have any questions, please call me.
Sincerely.
~~I
Kate Shurson
Director of Planning & Facilities
KSdp
cc: Kathryn Lembo, S Bay Community Services, tnc.
Principal, Feaster School
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To be delivered to the Planning Commission
by Noon, June 23.
I received in today's mail, a 100 page report from
the Planning Department on the public Hearing for
June 23, 1993 on the purchase of 31 4th Avenue.
It is physically impossible for me to assimilate
a report of this size in just two days as I have
other things to do as well as read this lengthy
report.
However, the Planning Department has recommended
that the plan be watered down to serve only 43
people and to recommend that the delapidated 31
4th Avenue be used "as is".
Of course, if these recommendations are followed,
there is absolutely no need to purchase 31 4th
Avenue at all because comparable apartments, in
better condition, with better facilities, better
landscaping, better parking, better safety
features. established safe playgrounds for the
children and better integrated among their peer
group so that no one's feeling will be hurt by
being segreated as "homeless" at available just
next door at 21 4th Avenue.
The low rents of $450 per month for a brand new,
newly furnished 1 BR apartment is much more
economically feasible than paying $1,000,000 to
purchase a delapidated apartment building in need
of deferred maintenance (according to Kathryn
Lembo's report dated 2-9-93).
If Kathryn Lembo really sincere that her motive
is to help the homeless, she will not need for
you purchase her a building.
She can start to~orrow morning at 8:00 a. m. to
rehabilitate the homeless.
Please see the attached report which will be
read in its entirety at the meeting tonight.
If one speaker goes over the 5 minute limit, the
next apeaker who has signed up to speak, will
continue until the entire report is read.
.;)1 - 16~
Regina Hickey
~(Dq/
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,
- 1 -
I urge you to vote "no" on the conditional use permit for South
Bay Community Services, Inc., to purchase 31 4th Avenue as a
transitional housing for the homeless.
The SBCS, Inc. is in violation of their conditional use permit
at 1515 Hilltop, which provides they will NOT DISTURB THE NEIGHBORS.
No matter how many signatures Kathryn Lembo brings in stating some
one else is NOT DISTURBED, I would like to introduce into the
minutes of this meeting a letter sent to me by Mr. and Mrs. Leo
Wood, 1525 Hilltop Drive. Mr. Wood is a former Fire Marshall of the
City of Chula Vista and you can believe he wrote this letter because
Kathryn Lembo did not keep her promise to you, not to disturb the
neighbors.
Read letter
Instead of getting control of these 8 teen-agers Kathryn Lembo makes
it appear as if Mr. and Mrs. Wood are some kind of a nut.
if
I am concerned because/I need to complain about the conditional use
permit, if approved, that Kathryn Lembo will pass off legitimate
complaints as she has done at 1515 Hilltop, instead of going down
and getting control of her project.
It is well known that three members of the City Council voted at
their meeting at 1:00 o'clock in the morning to fund Kathryn Lembo's
project BEFORE THE ADJACENT PROPERTY OWNERS WERE CONSULTED ABOUT THE
CHANGE IN THEIR NEIGHBORHOOD.
It is also well known that the City Council does not answer letters or
grant interviews with Chula Vista who oppose their administrative
decisions. They appear to be secure that NO ONE CAN CHALLENGE THEM
BECAUSE THEY HAVE THE POWER.
Is Chula Vista a Democracy? Or, does the City Council have so much
power it can over-ride documented evidence, it can ove r-ride
community in-put, it can over-ride the commission it relies upon
for support?
I suggest this hearing is not about housing the homeless. No one is
against that and there is no doubt in my mind that all of the homeless
in Chula Vista can be served for the price of this project, which at
the most will serve 44 people.
May I say to you, if you gentlemen on the Planning Commissiion do
not exercise your freedom-of judgment and make certain that your vote
counts, you will wake up one day and you will realize you do not have
any freedoms.
When this happens, the United States of America will not be the wonderful
country it is today and I, for one, will weep.
I would like to quote from a letter from Fr. Joe Carroll regarding
d-I- /34
_/10
- 2 -
this project: He wrote to me that he supports the concept but not
the location. He ended his letter by saying that everyone should
cooperate in selecting THE VERY BEST LOCATION FOR THIS SHELTER.
According to the report I received from the Planning Department
dated June 17, 1993, they are recommending that Kathryn Lembo's
proposal be scaled down to serve only 43 people.
This change, of course, makes the proposal EVEN MORE ECONOMICALLY
unfeasible than it was before.
The General Partners, Joe O'Keefe and Paul Ruklavich, the sellers
of 31 4th Avenue are well aware they are being overpaid for the
two delapidated buildings at 17 4th Avenue and 31 4th Avenue. These
two realtors took these two apartment buildings off the market on
the assurance from Kathryn Lembo that she would get her conditional
use permit from the planning commission. How she knew that I don't
know. Mr. O'Keefe and Mr. Rukalavich are laughing all the way to
the bank because Kathryn Lembo is such a poor business woman that
she does not know there are many, many others buildings available
at one-half the price.
Furthermore, the Planning Department has recommended that the proposal
be scaled down by using the apartments "as is". See page 1-13
In view of the number of vacancies at 21 4th Avenue (due to the poor
economic conditions in Chula Vista) A MUCH MORE FEASIBLE plan would
be for the South Bay Community Services, Inc., to lease EXISTING
VACANT APARTMENTS AT THE ABOVE ADDRESS. The location would be the
same so the balance of Kathryn's program could go forward as planned.
JUST THE NEED TO PURCHASE A BUILDING WOULD BE ELIMINATED:
The owner of 21 4th Avenue has up-graded the apartments in conformance
with current planning department rules and would be a perfect location
for this p~Dposal.
21 4th Avenue has a legal fire department turn around, which 31 4th
Avenue does not, making 21 4th Avenue a BETTER location for the
proposal. Kathryn Lembo did not tell the truth when she said there
is a fire department turn-around at 31 4th Avenue. When Hart Klein
and myself make gated communities of our apartments, 31 4th Avenue
will only have a legal right of ingress and egress along a 20'
private easement. On their 100' lot they announce they will park
18 cars. This means that fire equipme nt or emergency vehicles,
as well as other large nehicles like the trash trucks will be
forced to back up on a la' ingress ~asement to Offerman La~e,
make a backwards turn against on-coming traffic, back up on
a 10' ingress easement, make a backwards turn against on-coming
traffic on 4th Avenue to turn their vehicles facing the correct
direction to continue into the traffic pattern. -11-1.: ,5d,,",1 8::.'-
o..i3,-r:: ~.J pf,"'rf~ ~ -Jl....,C :..J"V\ir-~..~~ 'STrip o..~......, ..~ ...,....-<.....€ t.......___:.c,
",)'- -r:1_.-:.--- r_ -{,~ ....(..., ~::tf" ~ #1:_ U ~ ~~
~~ There is plenty of pArking at 21 4th Avenue while the p;arking at
31 4th Avenue is inadequate.
'V ,I rur
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I again urge you to deny this conditional use permit for 31 4th
Avenue ON THE BASIS THERE IS EXISTING LEGAL HOUSING UNITS AVAILABLE
where no conditional use permit is require, and there is no need
to purchase a run-down apartment house, which requires a condi-
tional use permit.
I say to you, preserve the integrity of your zone laws, to which
everyone else is subjected. Once one conditional use permit is
granted, that opens the way for more at a later date. Once
saying "yes" to this substandard building, it would be impossible
to say "no" to any future request.
I say to you, integrate the homeless families into existing furnished
apartments. When the non-working homeless have as a role model, the
working poor, who live next door to them, those of Kathryn's
families who really wish to turn their lives around by working, will
see that a working life style is easily available to them.
Even the children of the homeless will see IT IS POSSIBLE for their
parents to find jobs and they will be an influence on their parents
to give up their homeless life style.
I HEREBY OFFER 14 of my brand new, furnished, apartments at 21 4th
Avenue to Kathryn Lembo for so long as she needs them at a rental
rate of $450 per month--no deposit, providing Kathryn assumes
responsibility for the cleaning between occupants, and for any
UNUSUAL DAMAGE. There will be NO NEED for a conditional use permit
at 21 4th Avenue because I am already licensed to offer the housing
Kathryn Lembo says she needs to institute her program to rehabilitate
the homeless.
I have 40 years
I will have no
1515 Hill top.
of experience in managing low-rent furnished housing.
problems with my neighbors as Kathryn Lembo has at
After 40 years, I have never had one complaint.
Management is included in my basic rent. There will be no need
to hire a Manager or to give up an apartment which could be used
in the proposal.
It defies common sense to disturb 14 satisfied tenants residing
at 31 4th Avenue and waste $1,000,000 to purchase 31 4th Avenue
and doe the deferred maintenance Kathryn stated was necessary
in her report dated 2-9-93.
Not only will the $1,000,000 be saved, but there will be no
maintenance or up-keep, no fire insurance, no liability insurance,
no workman's compensation insurance, no employee benefits, no
taxes to pay, no depreciation, no painting between occupancy,
no plumbing or electrical repair, no expense at all -- just
$450 per unit or $6500 per month for a completely furnished
brand new apartment. I pay for the gardening and all up-keep.
A volunteer from the SBCS, Inc. came by my office taking a
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survey of vacKant apartment to relocate tenants from 31 4th
Avenue. I outlined my idea to him and shows him 21-A--
completely re-done, brand new furniture, a view of the ocean,
all for $450 per month. He was astounded and stated to me
he couldn't understand why my offer would not be better for
Kathryn's proposal to rehabilitate the homeless into productive
citizens.
By watering down her proposal and the services she previously
planned to offer, Kathryn Lembo has finally come to her senses
and now she can save the City of Chula Vista $1,000,000 which
could be returned to the State and the Federal government to
reduce the national deficit.
It would be far better for the South Bay Community Services, Inc.
to utilize existing furnished apartment for their planned
assistance to the homeless. I read in the report of the
Planning Department that it is considered good planning to
integrate different uses in one zone. What could be better
than integrating these homeless people among other poor people
who work to pay the rent on their apartments?
I appeal to everyone in this Chamber tonight and to everyone
who is listening to these proceedings on Cox Cable TV to write
and phone to the Planning Commission and to the Mayor and the
City Council to not waste taxpayers money by purchasing 31
4th Avenue when for a mere $6500 a month rent (no extra
expenses whatsoever) 14 families can be housing in brand new
apartments, located in beautiful surroundings and managed by
owner-management with 40 years experience in providing
clean, attractive low-rent housing to Chula Vista free of all
public subsidy.
The Mayor and the City Council are elected to serve you and me.
They are obligated to exercise ordinary good business practice
in the expenditure of taxpayers' money. They are not elected
to serve a private non-profit corporation such as the one
Kathryn Lembo heads.
Kathryn Lembo can commence her program at 8:00 tomorrow morning
by leasing my vacant apartments at 21 4th Avenue. No public
subsidy, no bureaucratic supervision--just the American way--
Sign the lease and move in:
Please deny this conditional use permit are being unnecessary
and recommend to Kathryn Lembo that she contact me at my office
about my offer.
It will be my pleasure to assist her in her proposal and I will
feel in my heart that I took Fr. Joe Carroll's advice to me:
Don't just complain but offer a better alternative.
91-/.3-7-
-1I3~
June 19, 1993
TO: All Concerned
FROM: Robert C. Frazer
321 D Street, Chu1a Vista, Ca 91910
SUBJECT: Proposed SECOND Social Service Facility in our
neighborhood (Family Homeless Center, 31 Fourth Ave)
We already have a facility for mentally disadvantaged adults
at 329A "D" Street.
This Facility was approved by the city and constructed in
Spring of 1966.
Our neighborhood has since faced the following problems:
1) Public masturbation
2) Peeping Toms
3) Tormenting of pets
4) Trespass ing
5) Indecent exposure
It is simply not fair to sUbject our neighborhood to another
social service facility, which will bring with it new problems,
and will, of course, reduce property values.
;iZt{uU
/Robert C. Frazer ~
d { - { 38
- /'4 ~
tEASER & WARWICK, INC. . 345 oFo STREET, SUITE 230 . CHULA VISTA, CALIFORNIA 91910 . (619) 420-3300
June 18, 1993
j.)' .
Planning Commission
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Application of South Bay Community Services for
short term housing permit - 31 Fourth Avenue
Gentlemen,
We have further discussed the captioned application with the applicant
and are now of the belief that if the property is intended to serve
families only and that if single persons pushing shopping carts, drunks
and other undesirables are not allowed to loiter around the building
our objections to the permit being granted are mitigated. It is our
understanding that South Bay Community Services or some similar agency
would approve all applicants for housing and that lines of applicants
would not form on site.
Sincerely,
CREASER & WaRWICK, INC.
I:
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Phil Creaser
President
d[- /d1
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.-- '6
June 17, 1993
Mr. Chris Salomone
Director, Community Development Dept.
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Re: Letter from Kathryn Lembo, Executive Director,
South Bay Community Services, Inc., dated
February 9, 1993
Dear Mr. Salomone:
Continuing my letter of June 6, 1993, with regard to
objections to the statements contained in the above
letter, I would like to bring up other issues to be
address:
page 1: 4th paragraph - "Impending mobile park closure."
5th paragraph - "many units which house lower
income families are at risk of
closure."
Response: It is exceedingly unfair that the Chula Vista
City Council and the Planning Department DO NOT ALLOW THE
PRIVATE SECTOR to build low-rent units and/or replace
demolished low-rent units.
The Democratic way is to allow the public sector to use
their resources to provide low-cost housing as they did
prior to regulation by the Planning Department to prohibit
it.
This type of housing pays taces and fees, is self-supporting
and requires no public subsidy.
This artificially created shortage, because of government
policy, has caused an artificial shortage which can best
be solved by returning to the 1969 housing standards.
Mayor Nader personally told me he was going to do this
but to date he has not done so.
To fill this artificial shortage with public subsidy is
wasteful. The public sector must not only buy the property
but 6hey must support the South Bay Community Services, Inc.
and pay for the operation by a separate management team.
These people do not work for nothing.
The South Bay Community Services, Inc, should use their
influence with the City Council to allow low-rent housing
to be built, thereby leaving housing the poor to those
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who understand it best and will do it free of public subsidy.
The latter method will help reduce our national deficit.
It will also add much needed income to the City of Chula
Vista through property taxes, fees etc.
The fact that the SBCS, Inc. intends to hire an experienced
property management firm shows they themselves have no
expertise in this area.
They should not be wasing taxpayers' money by dabbling in
real estate.
Let the private sector do it.
Page 1: Need for Homeless Housing
SBCS, Inc. is in violation of their conditional use permit
at Casa Nuestra, 1515 Hilltop Drive, Chula Vista.
Kathryn Lembo has disturbed the neighbors at 1525 Hilltop
(in violation of her permit).
Instead of going down and getting control of 8 teen-agers,
Kathryn Lembo has resorted to citicism of Mr. and Mrs. Leo
Wood (the people she is disturbing) who live at 1525
Hilltop, make it seem as if the disturbance to the neighbor-
hood is somehow their fault.
The failure to control the 8 teen-agers at Case Nuestra
shows SBCS, Inc. has failed in their efforts to manage
property and cannot be relied upon to control the proposed
50 homeless people circulating through 31 4th Avwenue every
60 days.
Meeting the Need:
Response:
1. Short term housing. By it's very nature, rental housing
would be cheaper. There is no need to PURCHASE real
estate for short term housing. .
2. Transitional Housing. By it's very nature, rental
housing would be cheaper. There is no need to purchase
real estate for transitional housing as there are
vacancies at 21, 45, 47 and 49 4th Avenue which could
be leased for the very same purpose.
3. Affordable Rental Housing. The private sector does it
better and they do it free of public subsidy.
The problem is the Planning
allow the private sector to
yet, on the other hand they
Department. They do not
provide affordable housing;
are willing to further
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bankrupt our nation, state and local governments by
providing low-rent housing with public money.
This is the basic flaw in this proposed project and it
must be addressed at the City Council level to change
their thinking that a private non-profit corporation
such as SBCS, Inc. can do a better job with public money
than the private sector can do free of public subsidy.
This faulty thinking has emerged with the power of the
Planning Department. This planning department has no thought
of cooperating with the private sector, which has a better
understanding of the demographics of the area and the
need for low-rent housing.
Public subsidies never work and the Planning Department
must be educated to see the rror of their thinking. The
duties of the Planning Department should be to plan for
current conditions not decree a utopia, which is only
wishful thinking on the part of bureaucrats who are pro-
tecting their jobs by their continued stranglehold upon
the residents of Chula Vista.
Synergy with Transtional Housing
Rebuttal:
The South Bay Community Services, Inc, lowered property
values when they purchased 17 4th Avenue in 1992. They
are compounding the problem by attempting to add 31 4th
Avenue to their use.
The adjacent property owners of Parcel Map 127, Lots 1,
2, 5 6 and 7 have spent millions of dollars on developing
their property. These two owners have followed all guide-
lines of the Planning Department with regard to off-street
parking, fire hydrants, fire department turn-arounds,
street lights and handicapped curbs.
The proposal at 31 4th Avenue does none of the above.
They are leeching upon the backs of private property
which must adhere to a different set of guidelines.
This is simply NOT FAIR to the taxpaying neighbors to
down-grade the value of their property by authorizing
substandard housing use in the SAME BLOCK; NOT ONCE BUT
TWICE.
If 31 4th Avenue were rented by SBeS, Inc. from the
prenent owner for their purposes, it would not be so
bad; but to authorize a SALE means this type of housing
(or worse) is being encouraged in a neighborhood where
adjacent property owners are attempting to up-grade to
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make a profit on their investment.
The SBCS, Inc. has no thought of what they are doing
to their neighbors. They did not even disclose their
plans to anyone prior to obtaining $1,000,000 from the
City Council to purchase 31 4th Avenue.
It seems only reasonable that the SBCS, Inc. and the
City Council as well has an obligation to notify the
adjacent neighbors (at least the owners of lots 1, 2
5, 6 and 7 of Parcel Map 127) before even thinking of
making a study of lots 3 and 4 of Parcel Map 127.
Financing:
Rebuttal:
SBCS, Inc. has no money of its own. They rely solely
upon public subsidy of one sort of another for the
purchase of 17 4th Avenue and 31 4th Avenue and will
continue for the life of the prooperty to depend upon
more and more public subsidy. Where will this mopey
come from in light of the shortage of money at all levels
of government.
The City Council should be cutting its spending; not
adding more agencies for it to support.
In fact, a brief perusal of this proposal proves the
entire project is NOT ECONOMICALLY FEASIBLE.
It is a complete waste of taxpayers' money for the little
good it does. There is NO EVIDENCE it will do any good.
Please look at the last paragraph on page 3:
Given the size of the national deficit and the national
pressure to "cut spending first" and add programs later,
it is very doubtful that money will be available after
1993. Furthermore, there is no indication that any money
set aside should be spent on this wasteful proposition.
Any prudent person would realize that investing 2 million
dollars of taxpayers' money to purchase 17 4th Avenue and
31 4th Avenue is ill advised, given the mood of the country
to stop the flow of taxpayers' money into the hands of an
Agency which survives upon public subsidy, such as SBCS, Inc.
With no money available to fund the continued use of this
program, the purchase of the property is futile.
c9-1-1L.[3
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Even as I write this, President Clinton is speaking on
the television, reporting to the nation that the Co~gress
is going to limit welfare to two years. This type of
federal legislation will send a clear message to the
poor and to the agencies which set themselves up to help
them that the gravy train is over.
All poor people and all social workers will be forced to
re-train themselves to become self-supporting, tax-
paying citizens because the working class can no longer
afford to support people who refuse to engage ip productive
labor.
A new, rather spurious, program such as is being proposed
will be the first to go.
The Planning Commission should realize that this proposal
is out-dated and therefore, the request for zoning change
should be denied, based upon the national good.
Kathryn Lembo does not address the cost of remodeling 31
4th Avenue. Yet, she intends to add the cost of removing
all kitchens to turn them into bedroom in addition to
installing two larger kitchens. To bring them up to code
would be VERY COSTLY. Who is going to pay for this?
Who is going to pay for restoring the apartment house to
its original use once the welfare state ceases and
working, productive America takes its rightful place?
$750,000 is an Jxcessive price to pay for 31 4th Avenue,
an aging delapidated building. It has not been maintained
by its present owners, who naturally are delighted to turn
it over to Kathryn Lembo at inflated price. This building
is VERY OVER PRICED.
Once, the economy recovers and the homeless disappear,
who is going to accept the loss on the sale of this
building?
Kathryn Lembo, in her report, makes it seem everything is
rosy. She shows her lack of expertise in the knowledge
of real estate and what it really takes to keep it going.
Futhermore, Kathryn Lembo does not mention that 17 4th
Avenue and 31 4th Avenue can only be reached via permission
to enter and exit across a PRIVATELY HELD recorded easement.
She can't change that.
Nor does the planning department disclose the presence of
this easement access. The map they mailed out does not
show the easement or the conditions of its use. When I
reported it to them, they did not change their map.
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But, in my experience, that is the way the Planning Department
operates. If anyone points out to them something they do not
wish to hear, they ignore you--never answer your letters or
your telephone calls. A property owner simply does not exist
unless it is time for you to follow one of their rules or to
pay one of their fees.
The over-crowded conditions (20 people more than the Housing
Code allows) will lead to more traffic congestion on the very
inadequate parking spaces behind 31 th Avenue. 4th Avenue is
is already overcrowded and is a very dangerous traffic
situation because traffic coming down 4th Avenue from D
Street goes down the 4th Avenue hill into the valley and
unsuspecting motorists will not be aware of school buses
double parked to board and un board school children residing
at 31 4th Avenue.
Kathryn Lembo, like the Chula Vista Planning Department,
completely ignores this unpleasant condition in favor of
saying there is a park across the street. She also ignores
are small children are going to cross a busy street to get
to the park.
It must be stressed that Kathryn Lembo suppressed the truth
when she said "there is very little opposition". She
attempted to sneak this through without notifying the
adjacent owners, who are vehemently against Ms. Lembo
lowering their property values with her proposed project.
There is VERY LITTLE opportunity for the adjacent property
owners to make their case.
My impression of ALL OF THE HEARINGS I have attended at the
Planning Department and at the City Council is to make it
appear that you are being listened to. Subsequently, this
department and this city council suits themselves.
At both of the hearings called by Kathryn Lembo, the opposition
was limited to three minutes and any attempt to continue to
present the opposing view was met with such statements as
"you are out of order". Kathryn Lembo made it quite clear
that we could talk three minutes, no more, and that it didn't
make any difference to her what was said during that three
minutes period because she was quite vocal that "this was
a done deal" and any opposition might just as well sit down
and shut up.
It was very shocking to me to learn that our elected officials,
the Mayor and the Members of the City Council, do not protect
the public interest. It is quite apparent that the majority
of the Council have already approved this proposal prior to
any public input. It is quite apparent that Kathryn Lembo
thinks the proposal will be passed because she is blithly
.sJ 1-/4)
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going ahead with her plans.
at her two meetings that she
by July I, 1993.
She told.all in attendance
intended to be in operation
It makes me wonder how this form of government in Chula
Vista originated.
It reminds me of other governments who made the rules,
administered the rules and ruled upon any opposition (un-
favorably, of course). It makes me wonder what happened
to the Democracy called the United States of America.
It makes me wonder if anyone reading this letter will
understand what I am saying.
It makes me wonder if anyone reading this letter has the
will, the knowledge, the power and the authority to act
in the public interest and put a stop to the sale of 31
4th Avenue.
All efforts to assist the SBCS, Inc. to find a more suitable
a cheaper and a more appropriate location for the proposal
has fallen upon deaf ears.
It seems, now, all depends upon the wisdom of the Planning
Commission. I hope and pray that the members of this
Commission will read my words and the words of the other
property owners and assist us in preserving our community
by denying this conditional use permit.
It seems like a very unfair and unwieldly process that only
the Planning Commission can take responsibility for denying
an ill-conceived and economically unfeastible proposal.
The opposition should have been heard BEFORE AND NOT AFTER
FUNDS WERE VOTED BY THE MAYOR AND THE CITY COUNCIL AT A
COUNCIL MEETING AT 1;15 in the morning. Who could have
been there to oppose?
It may be assumed, that should this proposal be passed,
against all reasonable judgment, based upon such considerations
such as the true ownership of this property not being disclosed,
that Kathryn Lembo refuses to address legitimate complaints
but will treat adjacent property owners with the same disdain
she is showing Mr. and Mrs. Leo Wood living next door to
Case Nuestra, that the opposing neighbors will have no more
recourse.
I can close by saying Kathryn Lembo
glasses when she wrote this report.
tend to be dreamers.
wore her rose colored
But, social workers
The world needs dreamers.
~I /' I~l{i
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But, when a City Council has authorized the expenditure
of public funds, and will have to continue the authorization
of public funds to keep this homeless drop house operating,
these public servants must make hard choices based upon
good business practices and must look at the good OF ALL OF
THE COMMUNITY, not just the well being of a handful of 50
people.
Since the City Council has already approved this project,
there is little liklihood of their changing their minds
unless the Planning Commission takes on its shoulders the
burdens which should have been shouldered by our elected
officials, in that they did not listen to the communities
point of view prior to accepting the proposal by voting the
funds.
I Hope that Planning Commission will think independently of
the Mayor and the City Council will consider all sides.
I hope the Planning Commission will consider the damage to
the neighborhood as well as the burden upon the sources of
public funds to keep this drop house operating and balance
this against the very little bit of good the operation of
this drop house for homeless will do.
I hope the Planning Commission that 31 4th Avenue IS NOT THE
SOLUTION TO HELPING 50 HOMELESS AT A TIME. I hope the
Planning Commission will deny this Conditional Use Permit
Application with the recommendation that Kathryn Lembo
accept the many offers of the community to help her find a
more suitable location for her project.
There is NO COMMUNITY OPPOSITION to helping the homeless.
No one is opposed to that. But, in the expenditure of your
money and my money, the project must be economically feasible
and the location should be transitory in nature so that the
project can be audited every three months to determine that
the tax dollars being spent are actually being spent to help
those in need.
Again, THERE IS NO NEED TO PURCHASE REAL ESTATE FOR Kathryn's
project to function.
Regina Hickey
21 4th Avenue
Chula Vista CA 91910
420-3869
Note to the Commission:
I have invited the Mayor and the City Council and I have
II"
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invited the Planning Director and his staff to visit me
at my low-rent housing complex at 21 4th Avenue, Chula
Vista.
Not one person has ever come or ever acknowledged that I
existed.
That is typical of the treatment of taxpayers by the Council
and the Planning Department. Ignore you unless they want
something from you.
Therefore, I would like to invite the Planning Commission
to visit me at the Villa Vista Apartments at the above
address. I will be happy to show you a well-run asset to
the City of Chula Vista. This complex could serve as the
means for all in charge of planning and housing to serve
as a model for the many poor people residing in Chula Vista,
a very small percentage of which Kathryn Lembo states she
will help.
is
My point/if 50 people are deserving of help, why not help
them all:
cc: Hart Klein
Mayor Tim Nader
Mayor of National City
Councilman Ron Morrison, National City
d\ -/48
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June 17, 1993
Response to the letter of Martin Miller, Associate
Planner and GENERAL LETTER TO MEMBERS OF THE PLANNING
COMMISSION:
It is ratherf~~ghtening to read in the San Diego Union that
the City Council has voted $1,000,000 just to purchase 31
4th Ave., as a drop house for the homeless.
It is rather puzzling because just last year the Planning
Department refused me the right ro build low-rent housing
at 21 4th Avenue, though I have operated low-rent housing
at that address for 40 years. I was told "Chula Vista
does not want low-rent housing, it wants moderate income
housing".
As the paperwork on the purchase of 31 4th Avenue emerges,
I become even more frightened.
In Kathryn's Lembo's report, upon which the City Council
based its decision to buy and 'subsequently fund 31 4th
Avenue (forever, I guess), Kathryn stated:
"Management of the short-term housing is a critical issue.
We will hire an experienced property management firm and
involve residents and neighbors in the management process".
Now, how do you suppOse she is going to do that when the
neighbors are adamently opposed to what Kathryn is doing?
Who is going to pay the experienced property management
firm? That doesn't sound cheap. What will Kathryn be
doing? Thinking up another scheme to get control of more
property at taxpayersr expense?
"Another .1IIlajor advantage is that neighbors expressed very
little opposition to the transitonal housing project nexh
door. This is critical since community opposition is
frequently a major obstacle to siting homeless housing
facilities."
Kathryn neglected to say that there was very little oppo-
sition to the transitional housing because she did not
tell anybody what she was doing. No conditional use permit
was required and the neighbors were not notified.
We WERE NOT ALLOWED BY YOUR ADMINITRATIVE PROCEDURAL PROCESS
to object. When we went to the Hearing, we were "boo'd
and hissed" by Kathrynd~? contrived audience who were in
favor of spending $750,000 to buy 17 4th Avenue and vest
title in Kathryn's name.
c;} -111
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Unofficially, I have addressed more than 50 letters
to the Mayor and the City Council and to the Planning
Department. I have vigorously objected to the City's
high handed way of preventing the private sector from
building low-rent housing, while on the other hand,
the City Council votes $750,000 of public money to
buy 17 4th Avenue in 1992 and the now $1,000,000 to
buy 31 4th Avenue --all for low-rent housing.
Apparently, the policy of the Council is not to allow
low-rent housing unless they spend public money to
buy it and then they give it to the South Bay Community
Services, Inc, which after all, has no money whatsoever
of their own.
What else can I do to get your attention?~
Most letters, practically all letters, are not ever
answered.
But, my letter of May 29, 1993, was answered by Martin
Miller, in which he invited me to submit written
evidence against this project.
I am accepting his invitation. Ail I can do is call
to your attention the self-serving, in-complete and
inaccurate (if not false) statements by Kathryn Lembo
in her report of Feb. 8, 1993.
This one-sided report apparently was the basis for
voting for funding the purchase of 31 4th Avenue, prior
to any public notice.
NOW IT IS UP TO THE NEIGHBORS to point out the falsehoods
in the report, the economic unfeasibility of the project,
the lack of need in the community for a homeless drop
house, the waste of taxpayers' money and the unfairness
in treatment of identical property between the private
sector property and a small, private non-profit agency,
with NO EXPERIENCE in the housing field.
For some reason the City Council has favored the tax
spenders with no experience over the taxpayers with
decades of experience to get the same job done.
The Planning Department through its regulations has
banned low-rent housing, thereby creating an artificial
need.
To fill the need, the City Council throws away millions
of dollars on projects dreamed up by a lady whose
interest seems to be to get title to valuable proper~
wi thou t paying for it .m:4tr:sf!llf.
C)} -/07)
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Kathryn Lembo admits she took three years to put
together her project.
The problem is that ecnonomic times have changed
since she started in 1989. The mood of the country is
to reduce the deficit first by cutting spending, rather
than to fund new, innovative programs such as this one.
Furthermore, Kathryn Lembo is a talented grant
writer, but she does not understand the economic circum-
stqnces of the people she is purported to serve.
Any man out of work, with a wife, who does not work
and his two children can apply for FDIC and in a matter
of days receive $800 per month. All he has to do is ask.
To give out this cash money is much cheaper than to buy
two buildings for $2,000,000 and continue to fund their
up-keep and the food maintenance as Kathryn is attempting
to do.
Her plan sounds good on paper, but her plan is not
economically feasible. The 50 or so people she attempts
to help can get more service and more money elsewhere
just by applying.
So, in reality, there is no need for Kathryn's
program unless she goes out and drums up people who are
willing to take something for nothing.
Kathryn's idea might have been able to fly had not
the worse recession since the great depression took over
our country and dried up federal funds for such a spurious
program as Kathryn is suggesting. She might be able to
get the money to purchase these buildings, but where will
she obtain the money to remodel them, bring them up to
code and where will she get the money to maintain the
buildings and the people living in them for the many years
to come.
Kathryn has not thought through these problems and
therefore she left these pertinent items out of her
proposal.
In fact, Kathryn's proposal is obsolete and serves
no useful purpose other than to obtain for herself title
to two side-by-side delapidated buildings which she hopes
she can con someone into maintaining for her.
d-I -J;R
,I :J/1~
- 4 -
If Chula Vista needs low-rent housing, all you have
to do is clean out the bureaucracy in the Planning
Department let free economics flow. You will have
all you need and Kathryn Lembo will be out looking
for a job.
The staff of the Planning Depoartment seems to think
it is all right for them
1. to restrict the size of unit
2. to design ugly buildings such as the one they
designed at 21 4th Avenue, Units 1-8
3. to change their minds so that the 14 units at 21
4th Avenue are ill-designed, built in the wrong
place and do not serve market conditions.
4. All my complaints are met with a glazed look
like I had just arrived from Mars.
This may be my last opportunity to contact someone
with averagQ intelligence who has the power and the
authority
1. to reduce the ridiculous requirements of the
Planning Department.
2. to force the City Council to stop throwing money
at a problem which they themselves have created
through lack of knowledge of market conditions
and mismanagement.
If the American people do not stand up and halt the
flow of regulations, our country will be governed by
takers and not doers.
I don't know who will pay the bills after all small
businesses have been forced out of business by regula-
tions and taxation.
I have never met anyone on the Planning Commission,
but I hope and pray you are not part of the Mayor and
the City Coijncil and their henchmen, the Planning
Department. I hope you are an independent body who
will support the people who live and work in Chula
Vista. I hope you will think for yourself when you
read the attached rebuttal to the proposal on South
Bay Community Services, inc. dated Feb. 8, 1993.
~ ; .
_1?-9~
d I ~I s;o2-
- 5 -
I assume I am speaking to a group of individuals who
think for themselves rather than mindlessly following
bueaucratic regulations, set up in part to raise funds
with which to run the City.
I would like to quote from Robert Brom, the thoughtful
Roman Catholic bishop, who believes that in the absence
of any sense of civic identity, the migrants from every-
where who make up San Diego have clung to their own civic
and social fantasies and mistake them for what's really
going on here.:
"As a result, he mused the other day, "rugged old American
individualism flourishes. You come from here, you come
from there, you do your thing, you can have this. Individ-
ualism is canonized. But individual rights and privileges
must take note of the community reality."
I would be the first in line to give up my individualism
and my fantasy, if I thought for even a minute that what
Kathryn Lembo is proposing would even do half as well as
I have done during the past 40 years in housing the poor
and the transients.
I know Parcel Map 127 in Chula Vista better than anyone
alive. I grew up on the property when Chula Vista was
known for it's gentlemen farmers as owners of lemon groves.
I subdivided Parcel Map 127 myself when these two lots were
zoned R-4 and Commercial on 3rd Avenue.
The 6 acres have been largely undeveloped because of the
poor economic conditions in Chula Vista in the past 50
years have not made development economically feasible.
The higher class people have migrated from Chula Vista
and have been replaced to a large extent by spanish speaking
poor. No one knows this better than I because I have
personally managed low-rent housing at 21 4th Avenue since
the 50's. At least 90% of our tenancy is Spanish surname
and while they want attractive housing, they are mainly
concerned with affordable housing, which I have provided
for them.
It hurts me deeply that the Mayor and the City Council are
attempting to put me out of business at a time when I can
begin to develop this vacant land. There is no point in
thinking any person would rent either the apartments or the
offices if the rents are more than the $400-$500 range.
Yet, the City
which prevent
of the area.
Planning Department has rules and regulations
me from building according to the demographics
c7 { - 1S:3-
.-I~.q/
- 6 -
I could accept their decisions in the hope that possibly
they are correct (even in the face of all indications
that Chula Vista is going down a little each year) and
hang on a little longer, hoping to make a profit on my
land--instead of just breaking even as I have done for
so many years because I own the land.
But, it hurts me deeply when the same City Council now
recognizes what I have been trying to tell them for the
past three years, thattb~~~ is need for affordable
housing in Chula Vista.
But, the way they are attempting to supply this affordable
housing offends me deeply.
To take money from tax funds here and there (federal, state
local, etc.) and buy two delapidated apartment buildings
at 25% above market value and give them to the South
Bay Community Services, Inc. a private non-profit community
services corporation, free and clear, and to provide the
money from tax funds to up-grade them into habitable
housing and then to fund their operation for as long as
this corporation needs funds to do what they are doing
defies all sense of logic.
Apparently, the Mayor and the City Council read the
report by Kathryn Lembo dated Feb. 8, 1993, and took what
was printed in that report as the gospel truth and decided
to alleviate the shortage of affordable housing by this
very EXPENSIVE ROUTE.
I don't know what motivates the Mayor and tyhe City Council.
But, I do know what motivates Kathryn Lembo. She is a
professional grant writer who makes up her dynasty by
requesting public funds to serve the poor.
This type of band-aid approach is very self-destructive.
In my opinion, a better approach.
to allow the private sector to build the
housing so badly needed in Chula Vista.
_.~.:: _.::-
would be
low-rent
Motivated by the profit motive, the private sector will
enforce reasonable rules and regulations which puts the
responsibility upon the poor to at least do something to
help themselves, instead of relying upon Coalition members,
including Lutheran Social Services, the Chula Vista Literacy
Term, and the MAAC Project to shore them up.
While these agencies, including the South Bay Community
Services, Inc., may be good organizations, they give the
poor the idea they can get what they need for nothing;
d) { ~/r;'1
/y/
......
- 7 -
instead of teaching them the American way--to work hard,
save your money and get ahead a little at a time.
Anyone who gets married and has a family should assume
the responsibility for their actions and make the
conscious decision to support that family and raise them
in time-honored American principles of thrift and hard
work. There is nothing wrong with those principles.
They always worked for American before and they will work
again, if the Mayor and the City Council will please just
step out of the way and allow these economic principles
to act.
For the Mayor and the City Council to think they can make
a better Chula Vista by throwing away public money in th~
hope they can solve the problems of their city is wishful
thinking. Chula Vista will become a welfare state instead
the thriving business community it used to be.
It might not hurt for you to consider what Bishop Brom
has stated that individual rights and privileges must
take note of the community reality.
These rights and privileges work both ways.
If the poor in Chula Vista think that the Mayor and the
City Council will take care of them, then who, may I ask,
is going to pay the bill? You and me? I cannot help but
think that charity should be a privilege and an optional
choice and that it should not become mandatory as the presently
elected officials think.
There is not a businessman among them.
I assume, the group to whom I am addressing this letter,
is an assorment of people who live and work in Chula Vista.
If my assumption is correct, then all of you--or most of
you--will come to the conclusion that I am right.
You will come to the conclusion that to grant a conditional
use permit to transitional and short-term housing on a
Parcel Map where the other five land owners have been
paying taxes and tr,ing to stay in business is A TRAVESTY
ON JUSTICE.
The following pages address specifically the mis-statements
in the report upon which the Mayor and the City Council
voted $1,000,000 of your money and my money to just
COMMENCE operation of a short-term housing project for
just 50 people.
This project is so expensive, so ill-advised--so poorly
thought out, that I cannot imagine any reasonable person
voting for it.
_1'3//'
d 1-/!5{)--
Regina Hickey
- 8 -
But, when a City Council has authorized the expenditure
of public funds, and will have to continue the authorization
of public funds to keep this homeless drop house operating,
these public servants must make hard choices based upon
good business practices and must look at the good OF ALL OF
THE COMMUNITY, not just the well being of a handful of 50
people.
Since the City Council has already approved this project,
there is little liklihood of their changing their minds
unless the Planning Commission takes on its shoulders the
burdens which should have been shouldered by our elected
officials, in that they did not listen to the communities
point of view prior to accepting the proposal by voting the
funds.
I Hope that Planning Commission will think independently of
the Mayor and the City Council will consider all sides.
I hope the Planning Commission will consider the damage to
the neighborhood as well as the burden upon the sources of
public funds to keep this drop house operating and balance
this against the very little bit of good the operation of
this drop house for homeless will do.
I hope the Planning Commission that 31 4th Avenue IS NOT THE
SOLUTION TO HELPIXG 50 HOMELESS AT A TIME. I hope the
Planning Commission will deny this Conditional Use Permit
Application with the recommendation that Kathryn Lembo
accept the many offers of the community to help her find a
more suitable location for her project.
There is NO COMMUNITY OPPOSITION to helping the homeless.
No one is opposed to that. But, in the expenditure of your
money and my money, the project must be economically feasible
and the location should be transitory in nature so that the
project can be audited every three months to determine that
the tax dollars being spent are actually being spent to help
those in need.
Again, THERE IS NO NEED TO PURCHASE REAL ESTATE FOR Kathryn's
project to function.
Regina Hickey
21 4th Avenue
Chula Vista CA 91910
420-3869
Note to the Commission:
I have invited the Mayor and the City Council and I have
dl-/~~
~17~/
- 9 -
invited the Planning Director and his staff to visit me
at my low-rent housing complex at 21 4th Avenue, Chula
Vista.
Not one person has ever come or ever acknowledged that I
existed.
That is typical of the treatment of taxpayers by the Council
and the Planning Department. Ignore you unless they want
something from you.
Therefore, I would like to invite the Planning Commission
to visit me at the Villa Vista Apartments at the above
address. I will be happy to show you a well-run asset to
the City of Chula Vista. This complex could serve as the
means for all in charge of planning and housing to serve
as a model for the many poor people residing in Chula Vista,
a very small percentage of which Kathryn Lembo states she
will help.
is
My point/if 50 people are deserving of help, why not help
them all:
cc: Hart Klein
~layor Tim Nader
Mayor of National City
Councilman Ron Morrison, National City
dl -f~7
~ I =33 -
r
335 Kimball Ter.
" Chula Vista. Ca.
June 16, 1993
J'j,
Planning Commission
City of Chula Vista, Ca.
Gentlemen,
I am opposing the granting of a conditional use permit
for the South Bay Community Services short term facility (homeless
shelter) at 31 ~th'Ave., Chula Vista.
I am writing not only for myself but, also, for the residents
of the surrounding community. I am enclosing petitions signed"
by these residents who oppose this transient hotel.
If this shelter is established it will set a dangerous
precedent. It will be a cancer that will grow. How can you say
"no" to future agencies that will want to wstablish themselves
on neighbo.ring property, if you say "yes" now?
I am enclosing a rebuttal to this housing which details the
problems. '
I am also enclosing copies of newspaper articles that paint out
some of the problems.
I re8vectfullY ask that you read this material and search
your conscience. Zoning was established for the protection of
the majority of the citizens, not for the interest of a very
small number of people and an agency which is a private corporation.
Please vote "NO" and save our city from urban decay.
Sincerely,
-LY~
r! d~~
,~
d I r.58
._ 131 '
Planning Commission
City of Chula Vista
Gentlemen.
I am a long term resident of this area. I have lived
on the north side of Chula Vista for over 70 years.
I speak, not only for myself, but for the majority of residents
of this area who oppose the granting of a conditional use permit
for the South Bay Community Services short term facility(homeless
shelter) .
I am not against helping the homeless. My professiQnal career
was spent helping dysfunctional people. As a student at San Diego State
College, I worked as a student aide for the County Welfare Dept.
Later, I was a full time worker for the Welfare Dept. My first
teaching assignment for San Diego City Schools was at the Detention
Home for delinquent youth. Later, I taught children with emotional
and learning problems at Balboa and Logan schools.
However, I do not feel that )1 4th Jo ve. is the proper place
for a homeless shelter. Directly East and West of 4th Jove. is
primarily R-l residence,. occupied by many elderly people who have
Ii ved in their homes for many years. On 4th J..ve. well maintained
apartments and Town Houses are occupied by tax paying citizens
and OWners. many of who are seniors.
To put the homeless. )O%of whom will be from National City
into our community will endanger our safety and welfare.
If this shelter is established it will set a dangerous
precedent. It will be a cancer that will spread. How can you say
"no" to future agencies that may want to establish themselves on
neighboring property, if you say "yes" now? Do you want North
Chula Vista to become the homeless capital of the county? I cite
"
the recent experience of Ramona . Ramona had only a small homeless
population of two people when the shelter was established. The
news of this small shelter attracted migrant workers and chronic
street people from other areas of the county. Transient-related
crimes increased after the first year the shelter operated. Many
of these new residents filled their days drunk on the streets
or in the doorways of businesses." This is a qote from Brenda
II ."..
Foreman in Letters to the Edltor, San Dlego Unlon.
d I - Ibti
/
_('85"
.;
If the city of Chula Vista feels they must establish a homeless
shelter, why not do as San Diego has done and zone a area where
homeless shelters may be established. As a planning commission, you
could zone an area in the warehouse or commercial area in South
Chula Vista as far trom residences as possible.
Are South Bay Community Services equipped to manage a shelter?
They have had no experience with transient housimg other than a
small house for up to 8 runaway youths. After talking to neighbors
of this house, I found there were plenty of problems there.
~ave attended two meetings in which this agenC~eXPlained their
plans which are full of "loopholes" and are naive and simplistic.
I quote" Management is a critical issue. We will hire an experienced
property management firm and involve residents and neighbors in the
management process". This quotation was taken from the initial letter
dated Feb. 8, 1993 to the City Counci~equesting funds to buy the
apartment house at 31 4th Ave. Chula Vista. Now the problem..Profess--
ional Real Estate Management firms select tenants, collect rents
and oversee maintenance and repairs, but who is going to be "on
site" to control 50 dYsfunctional people liVing in small communal
quarters? T he residents? The neighbors? I can forsee problems.....
Again I quote: "Nei ther program is for drug addicts or the
mentally ill." When questioned at the meeting about how they were go-
ing to determine who was a drug addict, the response was: "we'll
ask them and have them sign a paper" What?? No drug test?
There is no provision to check for criminal behavior. Will
potential child abusers, rapists, burglars be mixed in this communal
living? If not actually living in the house will there be boy
friends visiting their women'or hanging around the neighborhood?
Who is going to monitor this? The neighbors?
The agency stated that only Chula Vista families and )0% from
National City will be admitted. Anyone can give a Chula Vista address.
No check on this???
It was stated by the agency that by law they may not inquire
into a person's citizenship. Will this shelter become a safe house
for illegals?
,;/-1 - /CtO
/)~h/
The stated purpose of this shelter is to train people independent
living, job training and referral health care, etc.
Who is going to give the job training? How much training can
be ~iven in 8 weeks? Are jobs available? If the vocational
training in our high schools, Southwestern College, private training
schools, the education program of County Welfare Dept. has not been
success full in training these people how can this agency expect to
help in 8 weeks?
Health care. Medicaid and other health agencies already have
this covered.
Counseling. The only person you can change is yourself. All
the talk in the world is not going to change these people , unlass
they want to change. Many of these problems are unso~ble. 8 weeks
of this agencies help will only waste over a million dollar-s of
taxpayer money.
Is this agency going into this project to obtain a free
apartment house they will later turn into low cost housing? We
know that while tenants pay a low rent, the federal government
subsidizes the rent so the landlord receives a fair rent. Is this
agency going into this project to pay their overhead--rent of their
offices and the salaries of their 41 employees?
This agency is not trained or qualified to manage a homeless
shelter. Let them continue their work with troubled youth.
This agency has not always told the truth. ~roPosal sent to
the City Council on Feb. 8, 1993 states. "Another major advantage
is that neighbors expressed very little opposition to the transitional
housing next door. This is critical since community opposition is
frequently a major obstacle to homeless housing facilities".
Of couse we d!dn't oppose it, since we were never informed of
it. ~read an article in the San Diego Union on March 25, 1993
which outlined the plan. My neighbors said "What is this?" I
replied, "I don't know, but I'll find out."
South Bay Community Services went behind our back to get the
city council to vote re-development fundscto buy two apartment houses
to be vested in their name. They didn't tell any of the neighbors
about it. How could we protest? I have petitions siglned by the
vast majority of citizens owning property or residing in this
area protesting this homeless shelter. WE ARE PROTESTING.
d--1-1fR/
'1~/
./1
5'
In conclusion ~urge you to vote"no'to a conditional use permit
for )1 4th Ave. Zoning was established for the protection of the maj-
ority of the citizens. not for the interest of a very small number
of people and an agency which is a privare corporation.
Please vote 'NO" and save our city from urban decay.
Berni ta Sipan
420-2698
.;) { - /0d--
?q" ,
-I
.
. 'k;;, Su.r-News, Sall.ll'day-SWlday, Marth 6-7,199)
.Price also hidden in homeless plan
They're "hidden," they're homeless and
: some people with big hearts want $700,000
: from the cityofChula Vista to help them.
. According to city officials, between 350
: and 500 people in the South Bay are home-
: less. Orthose, about 60 percent or between
. 210 and 300 don't live on the street but have
: no permanent address. Instead they live in
: motels or with relatives.
: To ease their plight, South Bay Commun-
: ity Services has a plan to acquire a 50-bed,
: 14-unit temporary housing facility at 31
: Fourth Ave. The big problem with the plan,
: however, is that the homeless aren't the only
: "hiddens" here. "The money it will cost to
: open the center is hard to see as well.
. In addition to the $700,000 from Chula
: Vista, shelter boosters want another
: $300,000 from National City in order to
. cover start-up costs for the first year. Then
they plan to ask for $47,000 per year in
operating costs from Chula Vista and an-
other $20,000 from National City, for five
. years.
The social service agency is also applying
: for $200,000 from the federal government
: and $100,000 from the state in emergency
: shelter grants, and considering a $100,000
fund-raising campaign.
. Then there's the matter of the $650,000 in
: Chula Vista's Community Development
, Block Grant Funds in order to subsidize rent
: for tenants, who, it can be assumed, could
: only afford minimal amounts. Although the
: money ultimately comes from the federal
: government, that figure is about half of
d-J~ /LP..3
what the city gets all year, and goes to a var-
iety ofactivities.
Add up all of those funding sources (as-
suming boosters would get it a11- a highly
unlikely event), plus the $15,000 in pre-
development grants the group has already
taken in and the tally for start-up costs
comes in at about $2.25 million.
That works out to roughly $45,000 per bed
- a figure that lends new meanmg to the
term "king size," And what happens when
the shelter closes down due to lack of fund-
ing after two or three years?
There is no doubt the South Bay needs to
do more for its homeless population. Curren-
tly there are only eight beds in the area to
serve the homeless. All are at Casa Nuestra,
which only serves runaway youth and is
constantly full.
And the homeless population is expected
to grow in coming years as nearly 900 eJdst-
ing affordable units are being eyed for demo-
lition or at risk of losing subsidies. But
surely there must be a less expensive way to
provide shelter_
At any rate, local city governments are
currently in no condition to take on extra fi.
nancial commitments, especially ones that
would no doubt grow year after year.
It's never easy to say no to someone in
need, whether you can see them or not. The
City Council will be in full public view when
it considers this request March 9. But the
council should not be considered hard-
hearted when it respectfully turns this
pricey plan down.
3q/
./1
2-.
__~'.--""'7'"
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\,: iIti ....ihl~'tIr.'
~: ......._ r...tI'-
._. .. ~ ,. '. J ' . ' ~
;. '..,......~;.,.- '---1oIinI
. .....111 II..... "-'..- March
t ~,
i .,UclillIllt _ _tbe.", A~""true
, ~_lIllt.d ....tMtIIIP"......
to. 1o-ecre lite 1m the " . - .llaII>>-
II bad ClIIIy IImall h...-' JllPJl-tinn of
.tJlSl DeDDIe wbIm the 1bcJler"" w.t..
JiIIlig.1be~.t-
::~ ~-- ~
UMltY.
In ~y'seconomY, 1101';--. owners ill
RamoI'B are holding on to their bner- -~
by a &'tlIId. T~!,.uent-related criJnel! in-
~ after the fint ~ tbe Shelter lIP" .
. Many Of tbeae new residliiUa filled
~ysdruDkonthe~gtinthe
~bU,p- r-
retuied only to take care of
more than its abare cI. the Iv"l""-. p0pu-
lation of San Diego County.
St. ViIlceDt de Paul Village's big<ity
. pco&ranl didn't work ill a small unincor-
. panted ~ We did the right thing by
benmnl ioKetbet to uy thanks, but no
thanks, to St. Vmcent de Paul's p(OIlOI8l
for a ~ sbe\ter 10 arouIY out of pr0-
portion to Ramona's size.
{The role of large sbe1ters !DWIt be rea&-
aessed u to wbetber theY are a free ride
for many, wbiIe be1ping a few. Each com-
JIIUIIity needs' small sbe\ter and mea-
ames to make sure theY wor\L SbeIterS
shouIa be for thole without. means of
IIlIPIlOrt who oeed propma to beIp cure
\he problem. DOt treat \he I)'IIIIItOD1lL
BRENDA FOREMAN
..-
~wants
homeless out
III DIep
=eat b~ss owners, COIl-
te lbOUt area's image
bave decided to hire UIlIrIl1ed :.e..
curity I'W'1Ia to push the home-
Ieaa aomeplace else.
r.. "It'sjust gotten to the point
where it cIoea scare people Iway ,
ssicI David Cohn, a member of ~
Hi11creat Association board.
"Some of it, maybe, is uncalled
for, but I can teU you from person-
al experience that there are some
real waaos out there who are
real scary.'
Myron Lester, co-owner of
Preferred Security Service, I
stsrt-up firm that will provide the
foot and bicycle patrols part time
~or ~ ~~tha sal pilot pr~
ject, ssicI.lt will be I kinder, gen-
tler servu:e.
"We don't just want to come in
and be bouncers," be ssicI. "We
. want to come in and try to provide
an alternative.'
Leater said be was I consultant
f~ ~ ~ that provided
similar secunty services to the
~ Quarter Association ear-
year.
"What'l bappelled is we pushed
them out of the Gulamp the best
we could,' be said. "But now
theY're ltarting to filter do
here." wn
PluI Hippaka of the Home1eSll
Ilaearcb Project, which ia Itudy-
iIlg ways to NIp be-'-o people
\ wbo are meDtaIIy ill. calla it the.
. "tlaIIooD effect. ~
\ "YOlIIq'IIH - ~ aide and It
.,..._...~..be IUd.
:..,' I n 10<<: ....
~
'"
,
_.- - _.. .
,?/ --Itr!
/ltD/
March 25, 199J
Members of the City Council,
We respectfully request that you
reconsider opening a homeless shelter at 41 Fourth Ave. Chula
vista.
We are property owners and residents of the two block area
surrounding the proposed shelter.
We feel this shelter is incompatible with the present land
usage in North Chula Vista. It will lower our property values
and the safe use of our homes.
While the stated purpose of the shelter is for families, we
feel that it will lure homeless men into our community. Many of
these men are"spaced out" on drugs or alcohol and are a distinct
danger to surrounding residents.
The maintenance of the shelter will put a burden on the
tax payers of Chula Vista.
}..'shel ter that draws people from National City, S; Diego.
etc. is not to the best interests of Chula Vista taxpayers and"
ts.
_2<<fj~t;b.Mj.k-'#.~--(jt:~/9/
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_~- _ _ ;;,({;;._________ 1.t._~!.L:.-i'--t;:.~d!.1!P..----
---~~--. -~....:-.-0 '--.--.- ------ ---- -~...1~.-7;y:--;~!J~-g.j-~.{/lffD
___ _ __~------- __~sfj____~~~L'~~--tL------
y ~; ( .1_"" I '.") . <; iJ+ J~1 { ,
___ j'~19~L-j~- J~~_______:! _~_2~--~-Sji~~. ~~ ~~JL~_
--{.::';JJI,~7i' - - ___~~-~-J?Qj)~st- .!!'~l1j~z(()
:,;;) I - I t..P5 __ ) t..f?- -
March 25, 1993
Members of the City Council.
We respectfully request that you
reconsider opening a homeless shelter at 41 Fourth ~Ye. Chula
Vista.
We are property owners and residents of the two block area
surrounding the proposed shelter.
We feel this shelter is incompatible with the present land
usage in North Chula Vista. It will lower our property values
and the safe use of our homes.
While the stated purpose of the shelter is for families, we
feel that it will lure homeless men into our community. Many of
these men are"spaced out" on drugs or alcohol and are a distinct
danger to surrounding residents.
The maintenance of the shelter will put a burden on the
tax payers of Chula Vista.
~.-shel ter that draws people from National City. San Diego.
etc. is not to the best interests of Chula Vista taxpayers and
residents.
.
g.__~~rd?~~ .3_3S-K~-~~ e,
/Y5,l;- -- -r;Jl~(~ f!:?~- __LY_J7-k-L'!:l/?J-LL--,!:t;!::.---~y
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M. _ L_L_. -=1.<-0<. " _____ _.{J2.f-A:;:"-v:r-,fu".!L./t-11!:'UJiJ--:...---
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_~___ ______________ ~~~__fG~~-~~~--~l-J-----
lk_ ___ _ __________ ~~~~-~-~:J:.
l~CK!__ _ __ke~i?.___~J_1__
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,JUNE 10, 1993J ~~. ~.e' --h~ c:;, a 0
~lAYOR/CITY COUNCIL..~1EMBEF:S AND F'L.~\NNING COMMISSIONERS -
____________._____.__._______...._.___.__...__.____.___._.___._______________~__ ~C7_~~""-.
- Q~~T:':: ~~ ~52--<';:f
WE RESF'ECTFULLY REOUEST THAT YOU RECONSID~R AF'F'ROVAL OF A "FAMtLY r
HOMELESS SHEL.TEF:" AT 31 4TH AVH1UE. CHUL.A VISTA. THE FACILITY
WILL HOUSE AN AVERAGE OF 433 HOMEL.ESS PEOPLE PER YEAR. SOUTH BAY
COMMUNITY SERVICES, A NO~~PR[WIT CORPORAT10N. WILL OWN AND RUN
THIS FACILITV. SBCS ESTIMATES THAT IT WILL COST $160,000 A YEAR
TO PROVIDE FREE BOARD, MEALS, BUS TOKENS, CHILD CARE AND OTHER
. -. .
ASSISTANCE TO THE HOMEL.ESS. THE $1,036,000 CAPITAL. EXPENDITURE T~
PURCHASE AND RENOVATE THE 14-UNIT BUIL.DING IS A WASTE OF TAXPAYER
MONEY. IN THIS DECL.INING REAL. ESTATE MARKET WE CAN SPEND OUR
MONEY MUCH MORE WISELY.
WE, THE UNDERSIGNED. FEEL. THE PROPOSED SHELTER IS TOO EXPENSIVE
AND NOT COMPATIBL.E WITH lHE PRESENT LAND USAGE IN NORTH CHULA
VISTA. WE ARE CONCERNED lHAT THIS SHELTER WILL LURE MORE HOME-
LESS TO THE NEIGHBORHDUD. EUCAL.TYPTUS PARK AND THE COMMERCIAL
AREA IS AL.READY A HANGOUT FOR MANY HOMELESS. AN ADDITIONAL 433
HOMEL.ESS PER YEAR WILL. NOT IMPROVE THE AREA AND WILL IMPACT THE
L.OCAL PARKS AND SCHOOLS WHICH ARE ALREADY CROWDED.
IN CL.OSING. WE ALSO FEEL THIS CENTER WILL. DRAW PEOPLE FROM
NATIONAL CITY, SAN VSIDRO, SAN DIEGO, AND IMPERIAL BEACH. THIS
. Nor IN THE BEST INTEREST OF CHUL.A VISTA.
1./i<dAd.~/~ - ----l~-9.~-i-.~~~~1_-(!.-U--~. 9/ q / c
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--B _m__' t_______________ ____(t~-m---~~~~-~_:;~!~.t<f f'/h,
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March 25, 1993
Members of the City Council,
We respectfully request that you
reconsider opening a homeless shelter at 41 Fourth Ave. Chula
vista.
We are property owners and residents of the two block area
surrounding the proposed shelter.
We feel this shelter is incompatible with the present land
usage in North Chula Vista. It will lower our property values
and the safe use of our homes.
While the stated purpose of the shelter is for families. we
feel that it will lure homeless men into our community. Many of
these men are"spaced out" on drugs or alcohol and are a distinct
danger to surrounding residents.
The maintenance of the shelter will put a burden on the
tax payers of Chula Vista.
A"shelter that draws people from National City, San Diego,
.
etc. is not to the best interests of Chula Vista taxpayers and
r~~de~ j ';r:;? J .... 7
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~~~____________ __1S:_J1U~_Az[~~_L~__4_~~_Qd_
_F. l:e&l. _ ~_~{!..;j.______________ __!.i'..__~:!r-W<k-_-I!'--L1----gL-&.:-
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~_~_i~~~---------------- _~_~~jf~1--6!f!-~d~----
v'~- }w.~- ------ _~f'.._~__::_~_t!:. _'a_(_f-...{.k. ~----
------------------------------- ---------------------------------
------------------------------- --------------------------------
----------------------~-------- --------------------------------
=============================== ==========================~=l~L} /
d- t -lit 4'
March 25. 1993
reconsider
vista.
We are residents and. or. property owners in the city of
Chula Vista..
We feel that this shelter is incomatible with the present
land usage in North Chula Vista..It will lower our property values
and the safe usage of our homes.
While the stated purpose of this shelter is for families. we
FEEL TH.AT IT WILL LURE homeless men into our community. Many of
these men are "spaced out " on drugs or alcohol and are a distinct
danger to surrounding residents.
The maintenance of the shelter will put a burden on taxpayers
of Chula Vista.
4shelter that draws people
1s not to the best interests of
the city Council.
We respectfully
opening a homeless shelter at 41
request that you
Fourth Ave., Chula
Members of
---
from National City. San Diego. etc.
.
Chula Vista taxpayers and residents.
Name
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JUNE 10, 199:3
MAYOR/CITY COUNCILMEMBERS AND PLANNING COMMISSIONERS
----------------------.----------.---------------------
WE RESPECTFULLY F,EQUEST THI'IT YOU RECONSIDER APPROVAL OF A "FAMILY
HOMELESS SHEL TEF(" ?IT 31 4TH AVL,NUE. CHULA VISTA. THE FACILITY
WILL HOUSE AN AVERAGE OF '133 HOMELESS PEOPLE pER YEAR. SOUTH BAY
COMMUN I TY SERV ICES. A 1~(]N'+'f;:[)F IT CORPl1F<AT I ON. WILL OWN AND RUN
THIS FACILITY. SBCS ESTIMATES THAT IT WILL COST $160,000 A YEAR
TO PROVIDE FREE BOARD, MEALS. BUS TOKENS, CHILD CARE AND OTHER
ASSISTANCE TO THE HOMELESS. THE "0:[,0:,,6,0;)0 CAPITAL EXpENDITURE TO
PURCHASE AND RENOVATE THE 14-U~IIT BUIL.DING IS A WASTE OF TAXPAYER
MONEY. IN THIS DECLINING REAL ESTATE MARKET WE CAN SPEND OUR
MONEY MUCH MOr~E WISELY.
WE, THE UNDERSIGNED. FEEL lHE PROPOSED SHELTER IS TOO EXpENSIVE
AND NOT COMPATIBLE WITH T~E PRESENT LAND USAGE IN NORTH CHULA
VISTA. WE ARE CO~~ERNED lHAT THIS SHELTER WILL LURE MORE HOME-
LESS TO THE NEIGHBORHOOD. EUCALTYPTUS PARK AND THE COMMERCIAL
AREA IS ALRE('IDY A H~\NGOUT FOR M('IhIY H(J~lEU::SS. AN ADD I T IONAl 433
HOMELESS PER YEAR WILL ~~T IMPROVE THE AREA AND WILL IMPACT THE
LOCAL PAFWS ~ND SCHOOLS WHICH ARE ALREADY CROWDED.
IN CLOSING. WE ALSO FEEL T~IS CENTER WILL DRAW PEOPLE FROM
NATIONAL CITY. SAN YSIDRO. SAN DIEGO, AND IMPERIAL BEACH. THIS
IS NOT IN THE BEST INTEREST OF CHULA VISTA.
~"'-'-( .o::_h~~;.____
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6
South Bay Pentecostal Church
4th &t -D" Streets. Chula Vista. CA 91910
P.O. Box 390444 . San Diego, CA 92139
Telephone' (619) 585-0600
P/lI;wr IIrllwr E. HWl{es, m
Honorable Mayor Tim Nador
276 4~h Avenue
Chula Vis~a, CA 9191U
June 14, 1993
RE: PR01'OSJ::U SHORT-TERM SHELTER PROJECT.
Mr. M..yor:
We here at South Bay Pentecostal Church would like to go on
record in support of the Short-term shelter proposed by the
South 5ay community Services. I understand it is to locate at
31 !'ourth Avenue, in Chula Vista, just a very short distance
from Ul$.
Arter having spoken with Mr. Dan Marcus of the Community
Services, and with yourself, we think the few concerns that
we had at first have been very adequately addressed and that
plans ace in place to operate the facility in a manner that
will result in the meeting of a need and in no way be an undo
liability to the communlLy.
Please forward our letter of support to the proper Department
so that as plans are considered and made, it will be clearly
understood that ou~' voice is in the affirmative.
Thank you very much!
ve~;r;; yours,
~YL~ -
Kev. Arthur~HOdgeS III
I>:llltor
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Operations
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JUN 08 -93 13:32 HRRT KLEIN
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JUNE 8.19'7::.
CITY OF CHULA VISTA
BOll LEITEF<- DIRECTor, PLANNING DEF'I..RTMENT
276 FOURTH AVE.
CHULA VISTA. CA 9j911)
RE. SOUTH BAY COMMUNITY SERVIC;t:~S AF'PLICATION FOR
CONDIT IONAL u(;E FERMI 'r. ENV IF'ONMENTAL REVIEW
INITIAL STUDY, Jj FOURTH AVENUE.
DEAR 11,<. LEITER:
OUF, REVIEW OF THE .. INI HAL STUDY" Sf-lOWED THAT MOST DEPARTMENTS
ASKED TO COMMENT ON THIS PROJECT GAVE IT A VERY QUICK REVIEW
INDEED. T'HE DEADLINE TO RI::Sf'ONSE WAS INDC!;I) VERY SHOR'r. WE, THE
NEIGHBORS, cIND IT VERY DI~IJI,BING THAT lHE IMPACT ON SCHOOLS, PARKING,
TRAcFIC, SAFETY, USE OF EA~lc;NT, ETC. WERE TREATED VERY LIGHTLY BY
ALL CONCERNED.
IF APPROVED, THIS PROJECT WILL BE VERY VISIBLE AND SHOULD BE
IMPLEMENTED WITH THE GREA1E~H CAF'E. WITHOUT DETAILED PLANNING AND
NE I GHBORHOOD I NVOL VIoM"-NT. TH I 5 I::DULD BE A REAL EYESORE AND PROE<LEM
FOR THE CITY. SOUTH GAY CDMMUI'IITY SERVH_ES AND THE CITY OC CHULA
VISTA HAVE BEEN WORf.':ING ON THIS PROJECT FOR MANY MONTHS. IN TURN,
WE THE NEIGHEIORS HAVE HAD VERY LITTLE nt-I!; TO RESPOND TO THE
INITIAL REVIEW AND WILL HAVE LESS TIME TO ADDf<ESS CONCt::RNS WITH
THE .. COND 1 TI ONAL USE I"EF<M IT" .
SINCE THE STAFF REF'Dln 15 I'JO! DUE F'lJR AWHILE, WE WILL EcE UNDER
THE GUN TO CHALLENGE ITEMS AND AT THE SAME TIME GET READY cOR THE
F'LANNING COl1MISSION MEETlNG ON JUNE ::n. 1993. OUR ATTORNEY IS NOW
(IN VACATION AND .JlLL NOT BE AVA1LASLE TO PREPARE IJUR CASE WITHIN
THIS 'riME FRAME. IHIS TYPE OF MA.JClR LAND USE (;t,ANGE SHOULD BE
STUDIf:"D PROPERLY AND NOT RUSHE.D THROUGH THE, "ROCESS. FOR WHATEVER
REASON THIS PROJECT Is ON A VERY FAST TRACK. WE ARE
ASKING FOR A REASONAE<LE PERIOD OF TIME TO RESF'OND TO THIS PROJECT
J:lEING PROPOSED IN OUR Nf:"IGHBORHOOO.
WE HAVE SEIH MANY LETTER~ '10 TI'IE MAYOR AND COUNCIL STATING
MANY OF OUR CONCERNS. WE HAVE HAD ZERO RESPONSE. IT IS TIME THAT
THE NEIGHfCOR5, TAXf"~YERS, AND VIHf.::r,S ARE PROVIDED AN EQUAL
OPF'ORTUNIl'Y TO REVIEW AND STUDY 'THIS PROJECT WITHOUT SUCH TIGHT
DEADLINES.
ONE ADDITICJN("L MUNTH SEEI"1S FAIR TO PUT OUR ACT TOGETHER. WE
ASK YOUR COOPERI'lTlON TO RIo!;r.:t,F,DLILE THE PI. ANNING COMMISSIoN PUBLIC
HEARING TO SOMETlME IN LATE JULY OR EARI_Y AUGUST.
SINCERELY,
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1
June 6, 1993
Mr. Chris Salomone
Director, Community Development Dept.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Salomone:
re: Letter from Kathryn Lembo, Executive Director,
South Bay Community Services, Inc., dated
February 9, 1993
,..
Judging from your title, I assume ~ are a
public servant hired by the City of Chula Vista
to serve the citizens of Chula Vista and therefore
have no vested interest in South Bay Community
Services, Inc.
I hereby request that your agency withhold
ALL FUNDS from the above agency until there is a
legal, public hearing to investigate the false
claims in the above report, not limited to, but
specifically in protest to the following:
Page 2:
Under Operations -
"Management of the short-term housing is a critical
issue. We will hire an experienced property management
firm and involve residents and neighbors in the
management process."
31 4th Avenue is Parcel 3 of Subdivision Map 127. I
own Parcell,S, 6 and 7 of that subdivision. I
had never met or heard of Kathryn Lembo on February
8, 1993, and how dare she intimate I would be in
favor of anything she is doing or that I would do
anything but oppose her?
Furthermore, Mr. Hart Klein owns Parcel 2 of Subdivision
Map 127 and he, too, is vehemently opposed to what
Kathryn Lembo is proposing. How dare she tell you
that she will cooperate with Mr. Klein, who is doing
everything he legally can to block the purchase of
31 4th Avenue.
Page 3: 31 Fourth Street Specifics
.;2/ ~{ J-(
, ~q --
.
.
- 2 -
"Besides being adjacent to transitional hOusing,----"
I challenge Kathryn Lembo to prove in a court of law
that my property consisting of 2.2 acres or the property
of Hart Klein at 45-47-49 4th Avenue, Chula Vista, is
'tran~~tional housing.
Between the two of use we have invested more than 2 million
dollars im improving our property, in additiona:l to ,,!
filling all planning department requirements with regard
to parking, fire department turn-arounds, -size of units
etc. In addition we have fulfilled city requiements with
regard to fire hydrants, handicapped curbs, Street
lights, etc.
How dare Kathryn Lembo call our property transit1Dn~1
housing when we have not only purchased our property at
great cost but have up-graded it recently at great
expense?
The anI y pe r son s:t1'lfZ,,,-.s'tit-,n::g tha t 31 4 th A v en u e bed own - g r a ded
is Kathryn Lembo and she does not tell the truth.
Furthermore, "Another major advantage is that neighbors
expressed very little opposition to the transitional
housing project next door. This is critical since
community opposition is frequently a major obstacle to
siting homeless housing facilities."
Neither Hart Klein nor myself had met Kathry Lembo on
February 8, 1993.
How dare Kathryn Lembo make such a false statementf
Hart Klein and myself are waiting for an opportunity to
present hard, factual evidence that 31 4th Avenue as a
transitional housing center is economically unfeasible,
not appropriate for the n~ghborhood, that i~ is
c~D~rling 50 people into 10 1 BR units which is 20 more
people than the housing code allows, the location is
unsafe as 10 people have been injured in front of 31
4th Avenue in the past 10 years, there is inadequate
parking, -there is no fire department turn-around, the
property is run-down and the purchase price is at least
25% more than the current market.
Now, that at least the above falsehood have been brought
to your attention, I insist that you call a community
..2 J - / 7d--
SO'
~I
- 3 -
.
immediately, IN THE PUBLIC INTEREST, so that the
neighbors can present their evidence at a public
hearing that Kathryn Lembo has applied for funds from
your agency UNDER FALSE PRETENSE.
I don't know what the legal penalties are for falsifying
reports, but whatever they are the neighbors of 31 ~th
Avenue are adam~ntly requesting that these legal
penalties be enforced to the maximum.
Please let me know the date of your PUBL[C INQUIRY
HEARING so that Mr. Klein and myself can attend with
our Attorneys and our evidence. We would likoeibo
pros~cute Kathryn Lembo to the full extent of the law.
Will you please, in the interest of all of the citizens
of Chula Vista, whom you represent, withhold any and
all funds from South Bay Community Services, Inc. until
a full investigation can be held and a resolution be
forthcoming.
To do less, would be a violation of the trust by the
citizens of Chula Vista who hired you and pay your salary.
Please let me know the date of your hearing.
Sincerely yours,
Regina Hickey
21 4th Avenue
Chula Vista CA 91910
cc: Hart Klein
Bernita Sipan
Mayor Tim Nader
Councilman Leonard Moore
Councilman Jerry Rindone
Councilman Shirley Horton
Councilman Robert Fox
Planning Director Bob Leiter
Kathryn Lembo, South Bay Community Services, Inc.
David Harris, Redevelopment Office
Mayor of National City
Councilman Ron Morrison, National City
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May 29, 1993
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Planning Commission of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
PLAt!r .
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Case No's: PCC-93-39/lS-93-36
In response to your Notice of Proposed mitigated Negative
Negative Declaration dated May 26, 1993 on the above
case, I would respectfully request that you consider my
response to the Planning Department, a copy of which is
enclosed, be considered a challenge to this Mitigated
Negative Declaration or conditional use permit, as this
ill-conceived proposal will surely end up in court and
I do not wish to lose any of my constitutional rights
because of my ignorance of your ADMINISTRAtIVE PROCEDURES.
Everyone of the issues I raised in this enclosed response
to the Planning Department should be preserved for me should
a positive approval ~s given by whatever Agency approves
such silly proposals.
Furthermore, the South Bay Community Services, Inc. is
in violation of their Conditional Use Permit at 1515
Hilltop Drive, Chula Vista.
I challenge the Planning Department that they are not
heeding the complaints of the next door neighbor, Mr.
and Mrs. Leo Wood at 1525 Hilltop Drive, as their
conditional use permit provides that neighbors will
not disturbed.
I wish to preserve my constitutional rights to present
evidence of the above violati?n at 1515 Hilltop Drive,
should a Court case develop, as evidence that the South
Bay Community Services, Inc. is not capable of handling
8 teen-agers let alone 50 homeless.
I wish at this point to enter whatever is necessary to
prove my points in court and I do not wish to be limited
by you or anyone else.
At the hearings to date, each speaker has been limited
to 2 or 3 minutes. This length of time is not sufficient
to bring to the attention of the Planning Commission the
danger to human life, the financial loss on the part of
adjacent property owners, thee~~nomic unfeasibility of
the proposed project and the unwillingness of the South
Bay Community Services, Inc. to allow the community to
seek out and find a more suitable location for their
transitional housing.
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I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the City Council voted funds in the amount of $720,000
at a Council meeting at 1:00 a. m. in the morning. This
vote came before the surrounding neighbors were notified
of the plans for 31 4th Avenue.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
th~ the City Council, after hearing complaints at a
Council meeting about granting $150,000 to the South Bay
Community Services for additional expenses in connection
witha~~~d~~m~ 31 4th Avenue, title to be vested in their
name, the City Council at the next meeting removed the
$150,000 from the South Bay Community Services, Inc. and
tacked it on to funds being allocated to the Otay Lighting
District, the $150,000 going to South Bay Community
Services, Inc.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the Hayor and City Council and the Planning Department
as well as the South Bay Community Services, Inc. acted
ca~ritiously in entering into an agreement to contribute
funds for 31 4th Avenue, title to be vested in South Bay
Community Services, Inc. without first giving adjacent
property owners the chance to voice their opinions.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that adjacent property owners will be severely damaged
should the City Council approve the proposed transitional
housing at 31 4th Avenue and that I should be guaranteed
the legal right to ask for damages from the Chula Vista
City Council as well as from South Bay Community Services,
Inc.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the City of Chula Vista and the Planning Department
did not give me sufficient advice and notice, should it
be considered that I am in default of any of their
administrative rules.
I hereby request thar the Planning Department and the
Chula Vista Planning Commission advise me of my consti-
tutional rights to raise ALL OF THE ISSUES which would
bring about a NEGATIVE RESPONSE TO THIS PROPOSAL.
I am anxiouk7awaiting and expect to receive written
instructions from the person or persons in charge of
the ways in which I ~3Y bring up all of the issues
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against this proposal.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the Planning Department of the City of Chula Vista
refused my request to build low-rent housing at 21 4th
Avwnue, Parcel I, Parcel Map 12~.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the Chula Vista City Council has voted funds to
purchase 17 4th Avenue, Parcel 4, Parcel Map 127, for
low rent housing, Hud to pay 60% of the rent.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the Chula Vista City Council has voted funds to
purchase 31 4th Avenue, Parcel 3, Parcel Map 127, for
transitional housing for the homeless.
I would like to preserve my constitutional rights that I
be allowed to present into ~evidence in a Court Hearing
that my constitutional rights have been violated when
a public agency, such as the South Bay Community Services,
Inc. be given public funds to provide low rent housing
when the private sector is denied this right on the
very same Parcel Map--side-by-side locations.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that my constitutional rights have been violated when
a public agency, with no housing experience, be favored
over me, a private sector low-rent housing provider
with 40 years of experience in the City of Chula Vista;
In the event, at the public hearing each and everyone
of these points are not adequately presented to the
Planning Department at their Hearing on May 23, 1993.
I would like to preserve my constitutional rights that I
be allowed to present into evidence in a Court Hearing
that the passage of a conditional use permit for 31
4th Avenue, Chula Vista, as a short term shelter for the
homeless is a dangerous location for the residents
therein and against the public interest.
Regina Hickey
21 4th Avenue
Chula Vista CA 91910
cc: Hart Klein
Bernita Sipan
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Application for a cnm:fi't::L-o:noal use permit for 31 4th Avenue
should be denied because applicant is attempting to use
the private property surrounding 31 4th Avenue for her per-
sonal use. Applicant is attempting to interject commercial
use in an R-4 zone, which is already dangerously overcrowded
because when #17, #31 and #45-49 were built the planning
department's requirements were one parking space per unit.
As you know, your experience has led you to upgrade your
requirements to one and one-half to one on all new and up-
graded buildings.
Lots 7 & 8 of Quartersection 136 were subdivided according
to Parcel Mmp 127. 21 4th Avenue is Parcel I, 45-49 is
Parcel 2, 31 4th Avenue is Parcel 3 and #17 is Parcel 4.
The map mailed out by Doug Reid is incorrect because it
does not show the easement which allows access to parcel 2,
3 and 4 to the parking areas behind their buildings.
Title to the easement was retained by the owner of Zl 4th
Ave. #17 has rights of egress and ingress to its parking
area, 31 has rights of egress and ingress to its parking
area. The rights of 31 4th Avenue end right there. 31
4th Avenue has no right to the turn aroun~ provided at 21
4th Avenue or at 47 4th Ave. This is private property and
if these two owners do not exercise their legal right to
keep all occupants of 31 4th Avenue off their property, then
the owners stand a very good chance of being sued for negli-
gence in the event of a law suit arising from the operation
of a "transitional 60 day time limited housing" at #31 4th.
In other words, 31 4th Avenue is landlocked and their parking
spaces will be limited to those they can fit into their 100
feet of land. Nothing over and above this. #31 4th Avenue
has made no provision for the zd hammerhead turn-around re-
quired by the fire department and other emergency vehicles
and it questionable if they have space enough to provide one.
In this inadequate space of one parking space per units, the
proposed "limited housing" will have to fit delivery trucks
bringing in food, they have to fit in at least two sanitainers
to service their housing, they will have to provide parking
for school buses to load and unload the children, they will
have to provide parking. for TV trucks, SDG & E trucks and
telephone trucks.
Since the easement is limited by deed to ingress and egress
there can be no parking in the easement. This equipment
is for the access of the fire truck and other emergency
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equipment and for the exclusive use of the 42 families
who live beyond in a land-locked situation at 45-47-49
4th Avenue.
Furthermore more, the p~rkiug spaces behind 31
4th Avenue are so narrow that a large van such as a
Suburban, a trash truck, a delivery truck a service
truck, etc. cannot back out ~f the parking space into
the 20' easement and turn around to head out.
These large vehicles will have to back out of their
parking space, back out against incoming traffic across
the easement behind 17 4th Avenue and will head into a
planter strip installed to divide traffic going into and
coming out of 21 4th Avenue. Since the planter strip
prevents them from turning around, these large vehicles
will have to turn the corner and back out to 4th Avenue
against the on-coming traffic. When these large vehicles
reach 4th Avenue, they have no place to turn around and
they will have to back onto 4th Avenue against on-coming
traffic in order to turn their vehicle facing the traffic
in the right direction.
As the~ownet:~Of'21-4tl-A.eriue and the owner of all
pri~ate'dr~vew~js~oncF.r~~l Map 127, I have already faced
a similar situation a few years ago when the owner of the
17 4th Avenue building, in attempt to earn a reasonable
return on his investment, leased his facilities to a half
way house for cancer patients who were receiving drastic
diet treatment for the arrest of their cancer. The
delivery trucks and "- the increased traffic for the
change from ordinary 1-4 activities to a "semi-commercial"
(such as the "transitional housing" will be were faced)w't~ faced with
the same situation the applicant will face; that is the
delivery trucks could not turn around on my property because
I would not let them.
The owner solved the problem by removing all land-
scaping in the rear of his building and install a concrete
turn-around behind the puilding so that these trucks could
cross over the incoming traffic and reach the out-going
traffic lane in order to face in the right direction.
The applicant might be able to do something similar
if two parking spaces were reserved for large vehicles
and a concrete driveway was built between the two buildings
so that the large vehicles could pull far enough so that
they could back across in the incoming traffic to reach
the out-going traffic lane in order to face in the right
direction to reach 4th Avenue.
Of course, the spaces for the two sanitainers would
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take two spaces and the concrete tur~ around would take
two spaces in addition would encroach upon the only
area the children of the homelss would have to play
in the evenings and on week-ends and holidays when they
were not cared for by the applicant. The applicant
admitted that she would not care for the children at the
above times.
After all South Bay Community Services. Inc, is an
office. They are not care-givers but contract their
intended care out to others who do not attempt to give
24 hour care. They tend to be open only during regular
school house.
The parking situation on 4th Avenue is worse and
not better. The City has painted red the curb from the
fire plug in front of 17 4th Avenue to the corner of
4th and C Streets. This leaves parking spaces on the
curb in front of lots 2, 3, and 4 of Parcel Map 127
which amount to 12 or 13 spaces for the 84 families
who now occupy the apartment buildings on the above
lots. Since the private parking behind these three
buildings is already woefully inadequate, according to
current standards of the planning department, the over-
flow must park on the street.
This is public parking and may not be reserved for
anyone of the above parcels--first come; first served.
These spaces may be available, or may not be and cannot
be counted as parking for the increased use of 31 4th
Avenue.
When the school buses draw up to load and unload
the homeless children, they will have to park in the
traffic lane if parking is not available in front of
31 4th Avenue. If the concrete turn-around is build
behind 31 4th Avenue, the buses could, of course,
pull right up to the building on the concrete pad
provided and the children could then board the buses
with safety.
The problem with this plan is that there then
would be absolutely no place for the children to play
unless the parents of the children walk them down to
the light at the intersection of 4th and C Streets,
cross them across the street and stay at the park with
them while they play so that they can escort them
safely back to the transitional housing.
Another alternative which might come to mind is
parking spaces might be leased from Land of China
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Restaurant. If the homeless just park in the spaces
provided by Land of China Restaurant, this business
will be faced with the same legal problem which I faced.
If parking is permitted and not legally prohibited, then
Land of China Restaurant stands to be sued for any
occurrence on their property arising from the operation
of the transitional house at 31 4th Avenue. That, of
course, is up to them. It is possible they will be
willing to donate parking to the transitional house.
The other alternative would be for the City to donate
additional parking to the transitional house at the park
across the street. The homeless and their children
could safely cross at the traffic light at 4th and C
Streets and walk the short distance to their transitional
housing.
So much for the inadequate parking at 31 4th Avenue.
It may be that Mayor Tim Nader is so in favor of this
housing that he will work out one of the above solutions
to insufficient parking.
The other problem is safety. Considering 31 4th Avenue
is on a hill and approaching traffic leading north on 4th
Avenue is travelling at a high speed because there is no
stop light at the corner of 4th and D Streets. This
speeding traffic is TOTALLY UNAWARE OF STOPPED SCHOOL
BUSES or residents of 31 4th Avenue who might be jaywalking
across 4th Avenue in an effort to find a short cut to
the park.
In the past 10 years, 9 people have been injured in
front of 31 4th Avenue, pertaining to the traffic on 4th
Avenue. This statistic was provided by the Manager of 31
4th Avenue, who has lived there for 12 years.
Currently, there are 2 children living at 31 4th Avenue.
In order for the applicant's plan to work, she will be
forced to increase the number of children being exposed
to these traffic hazards. If there is an accident, then
the applicant will be morally and legally responsible,
especially in view of this written report reporting all
the traffic and parking conditions which exist and will
exist upon the approval of this application.
There is no access for the handicapped. There is no
curb cut in front of 31 4th Avenue. The only accessible
one is the one I installed at my driveway leading into
21 4th Avenue.
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Another issue I would like to bring to your attention
is serious overcrowding of -the 31 4th Avenue as a transi-
tional housing.
There is currently two two-bedroom units and 10 one
bedroom units.
I haven't been provided with a copy of the plan to
remodel 31 4th Avenue, but I understand the two bedroom
units will be remodeled into kitchen and community areas.
Using the standard of safe housing used by apartment
builders today, the limit is two people per bedroom plus
one.
Using arithmetic, 10 one bedroom units would provide
sleeping accommodations for two ,,' adults and one child
for a total of 30 occupants.
The double standard used by the planning department
and the city council will allow 50 people in an area that
the current standard limits to 30 people. The apartment
owne~ around 31 4th Avenue conform to the standard but
applicant apparently does not plan to conform but will
crowd in 20 extra children (persumab1y) because they
will live there for only 60 days.
I get a little tired of this double standard. I am
required by the planning department to follow the letter
of the law, but all around me are serious infractions on
the part of property owners and business owners because
they have the favor of the City Council (or whatever reason
the infractions are allowed).
I hope I have provided you with sufficient irrefutable
evidence that the project proposed by applicant has serious
and fatal flaws which will lead to a negative recommendation
on the part of the Environmental Review Section of the
Planning Department.
I hope I do not see one more example of favoritism
on the part of an agency which should apply the law fair
and equally to all applicants.
Regina Hickey
21 4th Avenue
Chu1a Vista CA 91910
420-3869
cc: Mayor and the City Council
Hart Klein
Bernita Sipan
Land of China Restaurant
Chu1a Vista Fire Chief
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May 19, 1993
Martin Miller
Associate Planner
276 4th Ave
Chula Vista, CA 91910
Dear Mr. Miller:
As you know, South Bay Community Services will be administering the
program that will provide a Short Term Housing Facility at 31
Fourth Avenue in Chula vista. Some residents have suggested that
this program will increase crime and calls for police service at
this location and the adjacent area. In my professional opinion,
this will not occur, and in fact, we may actual see a decrease for
police services once this program is in place.
My opinion is based on the fact that I served as Chief of Police in
Chula Vista from 1965 until my retirement in 1991. During that
time, the Chula vista Police Department and South Bay Community
Services worked very closely together on several programs involving
families and youth in the South Bay.
During the period 1981 through 1991 I served as a member of the
South Bay Community Services (SBCS) Board of Directors including
two terms as President of the Board. I have personal knowledge of
the fact that SBCS has an excellent record of achievement with a
variety of projects, many of which have significantly enhanced the
community.
In summary, I am confident that South Bay Community Services will
do a very effective job in administering this Short Time Housing
Project, and it will not have an adverse effect on crime or calls
for Police service.
Sincerely,
'II), 1/ I
I!/G(ill>..}, U.;~~
WillJ.am. . W~nters
Retired hief of Police
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STAFF CORRESPONDENCE TO REGINA mCKEY,HART KLEIN
AND ATTORNEY PAUL ROBINSON
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em Of
CHUlA VISTA
PLANNING DEPARTMENT
June 15, 1993
Mrs. Regina Hickey
21 Fourth Avenue
Chula Vista, California 91910
RE: Your letter of May 29, 1993
Dear Mrs. Hickey:
We are in receipt of your letter of May 29, 1993. In response to your request
for written instruction on the ways in which you may bring up all the issues on this
project, please note that a public hearing is scheduled before the Planning Commission
for June 23, 1993 at 7:00 p:m. at which time you have the right to present any
evidence against this project. You may also submit additional written evidence to the
Planning Commission at or prior to the public hearing.
A subsequent public hearing will be held by the City Council in July for this
project. You will be noticed of this public hearing as well.
Sincerely,
M~rr ~ "'~
Martin Miller
Associate Planner
cc: Planning Commission
Robert Leiter, Director of Planning
Ken Lee, Assistant Planning Director
Steve Griffin, Principal Planner
Doug Reid, Environmental Review Coordinator
Barbara Reid, Associate Planner
David Harris, Community Development Specialist
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em OF
CHULA VISTA
PLANNING DEPARTMENT
June 14, 1993
Mr. Hart G. Klein
11070 Caminito Vista Pacifica
San Diego, California 92131
RE: Your letter of June 8, 1993 requesting continuance of PCC-93-39 from the
scheduled June 23. 1993 public hearing before the Planning Commission
Dear Mr. Klein:
We are in receipt of your letter of June 8, 1993, requesting a continuance of
PCC-93-39 from the scheduled June 23, 1993 public hearing before the Planning
Commission.
While we understand your desire for additional time to review the proposal prior
to the Planning Commission hearing. we do not feel there is a basis for staff to
recommend a continuance of the public hearing as requested. However, we will
forward your letter to the Planning Commission for their consideration. Please also
note that your have the right to appear before the Planning Commission regarding your
request for a continuance or any other issue related to the project. The City Council
will render the final decision on the project at a subsequent public hearing, at which
you will also be given notice and the opportunity to be heard.
If you have any questions regarding this matter, please call Martin Miller at 476-
5335 or me at 691-5101.
Sincerely,
;:/ /!
;t/;/t~A/-
Robert Leiter
Director of Planning
cc:
Planning Commission
Ken Lee, Assistant Planning Director
Steve Griffin, Principal Planner
Doug Reid, Environmental Review Coordinator
Barbara Reid. Associate Planner
Martin Miller, Associate Planner.
David Harris, Community Development Specialist
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276 FOURTH AVE"/CHULA VISTA CALIFORNIA 91910/1619; 691-5101
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ellY OF
CHULA VISTA
PLANNING DEPARTMENT
July 2, 1993
Paul Robinson
McDonald, Hecht and Solberg
600 West Broadway, Eighth Floor
San Diego, CA 92101
Re: South Bay Community Services Transitional Housing for Homeless Families at 31 Fourth
A venue
Dear Mr. Robinson:
This letter is in response to your letter and public testimony to the Planning Commission on June
23, 1993. Mr. Bob Leiter has referred the matter to me for response. The issues that you
raised in your letter and testimony are addressed below.
Increased Densitv
The number of residents currently on the property is 32 and if the proposed project is approved,
there will be a 33 % increase to 44. The owner of the building has stated that over the past 5
years (the time of their ownership), the number of residents has varied between 25 and 40. As
that is the case, the increase from the current 32 residents to the proposed 44 does not appear
to be a significant increase. There are no City restrictions on occupancy of apartments other
than that contained in the Uniform Housing Code which generally allows for 1 occupant for
every 90 sq. ft. of floor area. This would result in a maximum allowable occupancy of over
100 residents.
Public Imorovements
The Engineering Department wrote in their comments on the revised project description that "an
irrevocable offer of dedication will be required to meet the half-width standards of said
dedication. " Page 3 of the Environmental Checklist (part of the Initial Study) explains
"Engineering staff commented that the primary access roads are adequate to serve the project.
As Fourth Avenue is designated as a four-lane major street in the City's General Plan, an
irrevocable offer of dedication will be required to meet the half-width standards of said
designation. "
The requirement for an offer of dedication is not based on environmental reasons since the
traffic analysis shows no impact on traffic as few residents will have automobiles. Accordingly,
there is no environmental reason to demand dedication. The conditional use permit does not
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276 FOURTH AVE"/CHULA VISTA CALIFORNIA 919101(619) 691-5101
Paul Robmson
-2-
July 2, 1993
include the requirement for dedication as there is no nexus. In fact, it is proposed that the
dedication be obtained as a condition of the City's financial grant, if the grant is given.
Schools
The Negative Declaration stated that the existing school system is not expected to be impacted
by the small number of children who will be residing in this facility. This comment is based
on the letters received from both the Sweetwater School District and Chula Vista School District.
Subsequent to the receipt of these letters, the School District was misinformed that the center
was anticipated to house between 34 and 44 children.
Further discussion with School District staff regarding the correct number of children and plans
by South Bay Community Services to transport the children resulted in the inclusion of a
condition in the C.U.P. requiring the South Bay Community Services to transport the children
to the schools they are currently attending or to the schools designated by the District. As a
result of this condition being placed in the conditional use permit, the School Districts are
satisfied.
Drainal!e
The original Mitigated Negative Declaration identified a potential impact from inadequate
drainage and that as mitigation, a monitor would field check the existing on-site drainage. Upon
consultation with the City Attorney, it was determined that the drainage problem was not
significant and that mitigation was not required. Since the project does not involve any new
construction, and there will not be any additional surfaces that will create additional runoff, and
because the drainage problem is one that is in existence now and not created or exacerbated by
this project, there is not a potential for a significant environmental impact. The Addendum is
the appropriate form of environmental analysis.
Noticinl!
Your letter indicated violation of CEQA Guidelines by the fact that the May 17, 1993, date on
the completed Mitigated Negative Declaration is four days prior to the end of the May 21, 1993,
public comment period for the Environmental Initial Study. You are correct that the date of
May 17, 1993, was on the first page of the document as that was the date that work on the draft
began. The date was inadvertently not corrected on the final document. However, the
document was not completed and notification flled with the County Clerk until May 24, 1993.
Alternatives
You indicated in your verbal presentation to the Planning Commission that no alternative sites
were considered in accordance with CEQA. Section 15071 of the Guidelines describes the
required contents of a Negative Declaration. Alternatives are not included in the required
_I/;~ /'
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Paul Robinson
-3-
July 2, 1993
contents. Alternatively, Section 15126 of the Guidelines, which addresses the Contents of
Environmental Impact Reports discusses alternatives. Negative Declarations are not required
under CEQA to deal with alternative sites.
Reauirement for an EIR
There is a lack of substantial evidence in the administrative record that the proposed project
might have a significant environmental impact. "Substantial Evidence" according to Section
15384 of the Guidelines means enough relevant information and reasonable inferences from this
information that a fair argument can be made to support a conclusion that there is a significant
effect. Mere uncorroborated opinion or rumor does not constitute substantial evidence.
Discrimination
Your statement that South Bay Community Services House Rules may have the potential to
violate Federal and State laws regarding equal access are accurate. We have brought this to the
attention of South Bay Community Services and they have clarified their intent to comply with
all applicable Federal, State and local laws. Specifically, South Bay Community Services
informs us they will only exclude from the program people currently, actively involved in the
use of drugs and alcohol or those suffering from a mental illness which renders them incapable
of functioning in an independent environment.
Conclusion
We trust that this letter answers your concerns. It is our determination that the process that has
been followed by City staff is in compliance with the California Environmental Quality Act and
applicable City codes and regulations.
Sincerely,
t!/&.-,e
. Reid
ental Review Coordinator
DDR:BR/nr
(robinson.llr)
cc: Mr. Rich Rudolf, Assistant City Attorney
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EXECUTIVE SUMMARY OF ARTICLE ON EFFECTS OF
AFFORDABLE HOUSING ON PROPERTY VALUES
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The Effects of Subsidized and Affordable Housing
On property Values: A Survey of Research
State of California
George Deukmejian, Governor
Business, Transportation and Housing Agency
John Geoghegan, Secretary
Department of Housing and community Development
Christine D. Reed, Director
Housing Policy Development Division
Nancy J. Javor, Chief
principal Author-
Marco A. Martinez
Support staff
Kim Bailey
Farrell savage-Low
Barbara Tillman
1988
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EXECUTIVE SUMMARY
The California LegiSlature has recognized, in housing element
law and numerous other provisions of the Government Code,
that local and state governments have a responsibility to use
their powers to facilitate the improvement and development of
housing to make adequate provisions for the housing needs of
all economic segments of the community (Government Code
Section 65580(d)).
Yet, many California cities find it difficult to promote and
encourage 10w- and moderate-income housing opportunities for
their citizens. Resistance often comes from local citizens
themselves, who fear that the. development of 10w- and
moderate-income housing or the inclusion of affordable units
in market-rate developments will in some way lower the
aesthetic and, more importantly, the economic value of their
properties. As a result, many potentially beneficial
projects may be rejected or made so difficult to develop that
developers, non-prOfit agencies, and other housing producing
organizations target their efforts elsewhere.
This paper lists and summarizes a total of 15 published
papers: 11 on the effects of subsidized housing on property
values, one on the effects of group homes for the
handicapped, and three on the effects of manufactured
housing. The listing is not presumed to be complete, but
does include all known and readily available material on this
subject. Four of these publications address situations in
California.
Of these 15 publications, 14 reached the conclusion that
there are no significant negative effects from locating
subsidized, special-purpose or manufactured housing near
market-rate developments. Some, in fact, reported positive
property value effects after locating subsidized units in the
neighborhood.
Only one example, describing a situation in Virginia, found
evidence that subsidized housing had an adverse effect on the
values of adjacent non-subsidized housing.
This paper is offered in the hope that planners, city
officials, housing developers, and affordable housing
advocates will find it useful in countering or defusing the
argument of damaged property values wherever it arises in
opposition to the development or improvement of affordable
housing.
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SBCS INFORMATION ON THEm CASA NUESTRA FACILITY AT
1515 HILLTOP DRIVE
;;z ( -( 13
315 4th Avenue. Suite E . Chula Vista . CA 91910 . (619) 420-3620/9790/5051
June 2, 1993
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Ms. Barbara Reid
Mr. Martin Miller
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 91910
PLAId' .
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Dear Ms. Reid and Mr. Miller:
As promised in my letter of May 22, I am enclosing documentation
of interactions between South Bay Community Services staff and
neighbors of SBCS' homeless and runaway youth shelter at 1515
Hilltop Drive, Chula Vista.
As you can see, staff has promptly and courteously responded to
each inquiry by a neighbor. Supervising staff has solved issues
by meeting with neighbors, creating new house rules, and
reprimanding residents.
If you have any questions regarding this document, please call me
at 420-3620.
s:ncerelY'G-
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Community Development Director
Attachment
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of SanDe<>lC<u1y , r I
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12/18/90
Incident: Mr. Stull (the spelling on this name may not be correct),
a neighbor, said that he saw a resident throw oranges at his car.
Response: We had a meeting immediately with the residents. A.
admitted that he was the one who did it. A. was given a
consequence for his behavior and the neighbor was apologized to.
5/15/91
Incident: One of the neighbors behind the house made a complaint
that our back porch light is bothering them.
Response: The staff and residents were told to turn the back porch
light off unless someone needed to be in the back yard. Staff and
residents were also asked to keep the light off after 8 p.m. unless
absolutely necessary.
10/11/91
Incident: Mrs. Woods made a number of complaints to the Program
Director:
1. Kids loitering in the yard.
2. Kids over-watering the yard.
3. Kids playing loud music.
4. Kids making comments to her out the window.
5. Kids are leaving their blinds open when they are changing.
6. Kids are going to the store too often.
7. Our yard is messy.
B. People are parking too close to her driveway.
Response:
1. Staff and residents reminded that residents are not allowed
to hang out in front of house. Residents are only allowed to hang
out in back of house.
2. Staff and residents reminded not to over-water the yard.
3. Staff instructed to control the residents' noise level
better. Instructed to confiscate radios if residents are incapable
of complying.
4. Residents instructed to not talk to the Woods'. Residents
reminded that we need to be good neighbors.
5. Residents instructed to close the blinds when they change
clothes. Blinds were inspected and repaired.
6. Staff is reminded of rule regarding limited number of store
runs for each resident. Store runs are not allowed after dark
without a staff member.
7. Staff is reminded to check chores better, particularly yard
work.
B. Staff instructed to make sure the Woods' driveway is not
blocked in any way.
Comments: The residents say that Mr. and Mrs. Woods sit in their
window all day and night and stare in to our yard and windows.
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Residents say they only make comments to Mrs. Woods when they get
sick of seeing her staring at them all day. Residents state that
Mrs. Woods makes nasty comments to them first. Staff and residents
have stated that there have hardly been any incidents of our
residents loitering in front of the house or making noise. Staff
and residents have stated that they feel that the Woods' are out to
get Casa Nuestra shut down. Staff and residents stated that they
feel that the Woods' are blowing all the incidents out of
proportion just to make trouble for the shelter.
Staff was instructed that the best thing to do is to continue to
try and not give the Woods' any more ammunition against us.
Residents are instructed again to keep their blinds shut and not
pay any attention to Mr. and Mrs. Woods.
-------------------------------------------
11/4/91
Incident: One of the residents made an inappropriate comment to one
of the neighbors.
Response: The neighbor was apologized to and assured that the
offending resident would be given a consequence for their actions.
The resident was given a consequence of writing a paper on what it
means to show respect to people. The resident was also warned that
he would have his radio confiscated the next time the volume went
up.
2/25/93
Incident: Some of the residents have complained to me that the
neighbors were "baiting them." The residents said that the Woods'
andlor their sons were making nasty comments to them over the
fence.
Response: I asked the residents if they had provoked these
incidents. The residents stated that they had not. They said that
when they were simply out in the yard talking or doing yardwork,
the neighbors would make threatening or provoking remarks to them.
A resident told me that one of the Woods' sons had told him that he
would come over the fence and kick his ass. I asked the resident
if he responded to the remark. The resident stated that he had
not. The resident stated that he responded by going back inside
the house.
I met with staff and residents and instructed them to ignore any
nasty remarks from the Woods' house, but to make sure they reported
any incidents to me.
4/22/92
Incident: There has been a complaint regarding noise levels from
the neighbors.
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Resoonse: Staff was spoken to and told to monitor noise levels at
all times. A meeting was also held with the residents to discuss
the matter.
Also, staff and residents have made comments to me that the
neighbors, Mr. and Mrs. Woods have been paying lots of attention to
our house. Staf f has told me that Mr. and/ or Mrs. Woods can
generally be seen sitting by the window in the dark, smoking
cigarettes and looking into our windows and yard. Staff and
residents told me they sit up there and stare at our house day and
night. I told staff and residents to ignore them and try not to do
anything to provoke them.
5/3/92
Incident: At 12:30 a.m. the Chula vista Police came to the house to
complain about the noise level. According to the police, the
neighbors have been complaining about the noise, but have not been
getting a response from us.
Response: I investigated the incident. I found that the staff
member on duty was not able to calm the residents down
sufficiently. The staff member was given additional supervision by
myself regarding her skills in supervising the clients. For the
next couple of weeks, the agenda at our staff meetings centered
around client supervision.
Additionally, I contacted Mr. and Mrs. Woods, the next door
neighbors and asked them if they had any further complaints or
problems. I gave them my pager number and let them know they could
contact me at any time if there was any noise or other problems.
The Woods' seemed somewhat happier as a result of this contact.
However, the Woods' made it very clear to me that they did not like
the idea of having a shelter next to their house. They told me
that they were against it from the beginning and tried to fight it.
They also let me know that they would do everything in their power
to get us shut down and out of the neighborhood.
6/27/92
Incident .1 (Program Director Reporting): I received a call on my
pager from Mr. Woods at approximately 4:00 p.m. I called him back.
He sounded very agitated and stated that the residents at Casa
Nuestra were playing rap music with four letter words in it. I
asked him if the music was being played too loud. Be said no. I
asked him if the music was being played outdoors. Be said no, but
that the windows were open and he could hear the language on the
music. He said it was unacceptable and he couldn't stand that kind
of language being played when he could hear it. Be said he had
grandchildren that were beginning to curse and he attributed it to
overhearing the language of the shelter kids. Be said he had to
look out for his family and he would do anything to protect them.
He said he was on disability and was often in pain and he was not
1]3 '
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in the best of moods alot of the time. He said that he felt that
if the problems continued he would do something we all would
regret. He said he felt that if he had a gun he would go over to
the shelter and wipe everybody out. He said there would be nobody
left, he would just "wipe them all out." He repeated this threat
many times during the conversation. I said to him that that would
be a shame, and we should try to find a peaceful means to clear
things up. He said he agreed, but if the problems continued, he
would follow through on his threat.
Incident *2 (Staff Member Reporting): At 3:45 p.m. the south
neighbor, Mrs. Woods, came knocking on the door. She asked how we
(the staff) could let residents go on playing the type of music
they were playing, and at the volume they were playing it. She
also expressed that something would happen if.it continued. She
said that if her sons happened to be around, they would jump the
fence, there would be a fight, and the residents would be killed.
I told her I would take the threat seriously. She said I should.
She also stated that she will do everything she can to close down
the shelter.
Response: I notified the Executive Director of the agency. We made
a police report. The police questioned myself and the staff member
to gather more details. The police let us know that they would be
speaking to the Woods' regarding their threats.
Also, I spoke with all of the staff and warned them that the Woods'
had made threats on their lives. Staff was instructed to contact
me immediately if the Woods' made any further contact with them or
any of the residents. The residents were also spoken to about the
incident and given instructions to let staff know if the Woods'
made any threats or comments to them. Residents were also
instructed once again to keep any music down low so as to not
provoke or bother the Woods'. Residents were told that they would
have their radios confiscated if they were not able to keep the
volume down.
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We, the undersigned, declare that we live in the vicinity of Soutb. Bay CO:!lwunity Services'
runaway & homeless youth shelter, C.,sa Cluestra. We have found that Clsa :fuestra has not
posed any probl<:ms to Qur neighborhood. ,here have been no problems c{itl noise. gorbage.
loitering, or any'otb.er such problems from their facility's clients. The e~te:ior of their ::.ouse
is kept clenn and blends in with the other houses on the block. They have been considerate
neighbors to us.
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NAME
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PROPOSED SBCS HOUSE RULES
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SOUTH BAY COMMUNITY SERVICES
SHORT-TERM HOUSING
+ The project will provide 50 beds for Chula Vista and National
City homeless families with children working to become self-
sufficient.
+ The project will be located at 31 Fourth Avenue, Chula Vista.
The site is near public transportation, police and fire units,
service providers, shopping, and parks.
+ A recent study by the Regional Task Force on Homelessness
shows over 1,000 homeless people in the South Bay, but only 8
shelter beds, compared to 1,550 beds in the County.
+ Funding sources include the Cities of Chula vista and National
City, State of California, federal government, private
donations, and in-kind donations.
+ Families will be referred from local organizations which
currently work with the homeless including schools, police,
nonprofit organizations, ar.d religious institutions.
+ Families with any drug abuse, alcohol, or mental illness
problems will not be accepted into the program. They will be
referred to, and provided transportation to, other programs.
+ Before entering the progran, all family members will be
required to sign a strict set of "Rules & Regulations"
including no alcohol or drug use or possession; adherence to
their case plan; plus commitment to housecleaning, cooking,
and other chores. Failure to meet these rules is grounds for
immediate eviction.
+ After reviewing a number of sites for the project, including
bank foreclosure properties, motels, and new construction,
31 Fourth Avenue was found to be the most economical.
+ South Bay Community Services operates the region's only
homeless shelter, Cas a Nuestra, a home housing eight
runaway and homeless youths.
+ SBCS is coordinating a te~ of local service providers
including MAAC Project, Lutheran Social Services, and
Episcopal Community Services to provide a wide range of
services geared at helping families achieve self-sufficiency.
+ The services include: job training and referral, child care,
case management, health care, permanent housing referral,
budgeting, independent living skills, literacy training,
psychological counseling, and transportation.
(ahel\ahhulle4.doc)
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PARKING SURVEY OF HOMELESS PROJECTS
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DISCLOSURE STATEMENT
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CITY OF CHULA VISTA
PARTY DISCLOSURE STATEMENT
Sta tement of di scl osure of certa i n ownershi p i nteres ts, payments, or campa i gn
contributions, on all ~atters which will require discretionary action on the part of the
City Council, Planning Commission, and all other official bodies. The fonowing
information must be disclosed:
1. List the names of all persons having a financial interest in the application, bid,
contract, or proposal.
N/A
If real property is involved, list the names of all persons having any owners~i;J
interest.
N/A
2. If an) person identified pursuant to (]) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation'
or owning any partnership interest in the partnership.
N/A
3. !f cr;y person i dentifi ed pursuant to (]) above is a non-profit organi zati on or a
:rust, iis~ the names of any person serving as director of the non-profit
orgar;ization or as trustee or beneficiary or trustor of the trust.
Charles Pugsley, Chair ~hirley Ferrill, Treasurer
Reves Franco, Vice Chair Kathryn Lembo, Executive Director
4. Have yeu or any persor named in (1) above had more than $250 worth of busi ness
~~'a.~s"~:ed with any member of City staff, Boards, COl!ll1issions, Committees and
c.ou~C':~ with;" the past twelve months? Yes No~ If yes, please indicate
jjerscn.si
5. HaVE jO'.J and/or your officers or agents, in the aggregate, contributed more than
$1,000 to a Councilmember in the current or preceding election period?
Ye s No X
if yes, state which Councilmember(s):
Person is defined as: "Any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
this and any other county, city and county, city, municipality, district or other
pol Hical subdivision, or any other group or combination acting as a unit."
(NOTE:
Attach additi nal
3/0
Dat~:
\-IPC 07Dl?
A-l1 0
Kathryn Lembo
Print or type name of contractor/applicant
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July 13, 1993
MEMO TO:
The Honorable Mayor & City Council
Patty we(JJ~
AGENDA ITE~~;f HOMELESS FACILITY
FROM:
SUBJECT:
For the last two days, our office has received numerous calls from the constituency
concerning the homeless facility (23 in opposition and 6 in favor). I have enclosed a list
of all calls for your reference.
I think I should point out that one of the citizens explained to me that a letter was being
circulated throughout the neighborhood (unsigned) which I have included and marked
exhibit "A" for your information. Additionally, two constituent letters were received in
response to that circulated letter.
Encls.
mem
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ciM~ORTANT CITY COUNCIL MEETING JULY 13, 1993. (TUESDAY 6:00PM)
**~*****************************************************:~********
'A'
RE: FAMILY HOMELESS CENTER LOCATED AT 31 4TH A'/ENUE.
ON JULY 13, 1993, THE CITY OF CHULA VISTA CITY COUNCIL WILL VOTE
ON ~JHETHER TO AF'PROVE THE "CONDITIONAL USE PERMIT" FOR THE FAMILY
HOMELESS CENTER TO BE LOCATED AT 31 4TH AVENUE. SOUTH BAY
COMMUNITY SERVICES (NON-PROFIT ORGANIZATION), IN CONJUNCTION WITH
THE CITY OF CHUL.<~ VISTA ARE PROPOSING THIS HOi'IELESS SHELTER.
THE APPLICATION FOF: THE "CONDITIONAL USE PERMIT" HAS BEEN
PROCESSED BY THE CITY OF CHULA VISTA IN A VERY "FAST TF:AC:<"
MANNER WITHOUTcPROPER .REGARDF;OR CERIA,INJMP.o.RTAf\l] cISSUES. THESE:'
.ISSUES .ARE':SUMMARIZED BELOW, ":..:,":>;.>:.;;.c.c;.cc,._-,-,',...c,c C,';C. .., ..-., _". .
-., * 'THE NEIGHBORS WERE, INFORi'lED"OF THE PROPOSED PROJECT' ..
VIA SAN DIEGO UNION NEWSPAPER ARTICLE. CITY COUNCIL
. APPROVED THIS PROJECT IN CONCEPT ON MARCH 23,1993,
. . AT :'1, OOAM.NO OPPOSITION_WAS THERE AT 1 'OOAM,' SINCE __ .+tf'Le.
CITY. NOTIFICATIONdDID NO, ,GO OUT .TO.THENEIGHBORHOOD. ...-.",~.._,,;,-
- - -~ . - '-'f'~'>;7~?::~~~~;;~:::~?~;-:::','-::--:::'-'"'~-;:-: -.::-.,:)~:~~:"r~>-=,:.t>.'/-'_::~-..':.::' ..--~:_-:.:~~,.~:., . -~-~.~-~,:;- ~f~." '. :'.>.~~~~.-"'~ _' _::':" ". :_" ;::<-. u_ _ ~",- .. :. :'_'-
.' :* ,THE'::" COND ITI ONALUSE ,PERi'lI'E..'pROCESS HAS ~AVOIDED ><THE",?,,,,c7"'t'
. DRAFTING AND PUBLIC REVIEW DF.ANnENVIRONMENTALIMPACI':'l",;;t-~~-t'" ;
.... ......, 'Li~~~&.~2~::~2'~;~~i',~~~~;~:~S:A,$C3E.JE~~~~sB:#i;;~;~;0~:~f.~;7~j;:(~:jS<[~-,~'C":'.(' ..
" . .... ". ...-. - ..X:f;CERT A I N'I"UBLI C~!iMPR'ciVE:MENTS -~1l.:'I ~'E3fW'IDE~{fNG'''dF -:FOURj'H";;:;;lE.<~:'tf~:'?';,:,:
:.'i.,',,:,.-:: ...~..~ "'h'''-:,t:''"~~_~'n "=i .._..._("~_~""'::"'.- " . '~".._ '_.:'''. _'--. -'-. _..... _~:~.......____"--._.:.....__.___._ ........_..._.. __.:...... . _ ._--_.--~~._:___--:-..":.__...:- -.
:'::'{.'''?:AVE~UE~~:HA'IE:~iOT;,'8EE:N;REGlUI RED 'EVEN cTHOUGH. THE 'CITY:,'~(';;~'~::;:C:,,";'c
, ENGINEERS ORIGINALLY:REQUESTED THEM.'THE'WIDENING ',-c.': c.:.'.
-,-:WAS 'WAIVED SINCE .SOUTH BAY 'COMMUNLT,Y_~SERVICES ~IS ':,'=~-c;.h'::f!.:'~:'- .'
. "--.,:~:'4~~~2Ir; ~~..,H.~~~~~~.~f~~~,;;~~'~~~:r;:~~;~;'E'.;;~;Ec;~;~;~~~'0~~~:;:E.~:.::>~::
...', ::;,*'ACCESS~TO THIS':PlJBLI'C 'HOlJSING PRO~ECT-BY~~Bi(~bF 'f:;~'-: ~-, '~.+c~?
. : . :- PRIVATE EASEi'lENT,.:ROAD ..H~S j-lQT ..BEEN CAREFULLY "'::ANAL YZED ;:.~ . : ' , , '
.'. ;';"'--':' :,:~'~~~'~:'-:;".':",'':'~ ~..~'"- - [. --.-/:~:;:-:_ '~~:~;"':::~~;.~,':,~.::'-;~:_-';_;~'_i",,-,';:~";'~;~:~'_~,:::">'.'"",;n~-',_,, :~ ~:';;'.:'~~'~-. ____
"'_'''__'^'',,''~''ioi>'' -. '_~-' ~ ':'-'--'~..~-,.~..'"_' . -
. *"EVIDENCE EX ISTS (COMPARABLE SALES) THAT CLEARLY
INDICATES THAT THE CLTY AND SOUTH BAY COMi'lUNITY . t+roe
. SERVICES WILL BE PAYING FAR TOO MUCH FOR_THE PROPERTY.~~, ....
. '. .. ':LARGEPREMIUMS ARE BEING PAID FOR314TH(HOMELESS ...... .'
." , ~;--',;.<SHELTERf__AND'i7' 4TH AVE. .JSUBSIDIZED,'HOUSING).,:".:~_...;i.',-",,,..._;;:.!:>.~:,,,;;"i, .
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-'.:.~~:~-~:~~?/~~~~i~~-:-'~~:~:'~~~:~',i~--:.~~:~'E....~~~t;,-~~~~~~~~~';-l-~~~~~~~;~i~~~'~~if~~~.#?i~~~l'i';~ - -' . , .'-~
;{:1~~~'~~:-:'; A?,;JcAREFU~'ANACYS rS'':CiF-;;;-cHEAPE'R:'At!i I:.RN"A"TIVE'''S'r-'fE-S7HAS ~NOT.' .
,~,,';"";E;,L",,~" . {::;EEN''''' -~C"O~'N"D'U"C';T'.E'D'~~I' 'F;;T.~-~;;-E"N"'V""-I'"R=O'-~N'-M"EN-iA~:'iM' P'A....'C. T'Y~E"P'~O'~R-:W
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itS:. ... .!rg:fJ:)tJCtltt~I.A.IJQj\l';''!"~EU,L.~Aii%-,:;:~qt''~9.!'-1H~ERY-tc:SS,'~ ,:. .' . .,.~!'-
::,:~2' ". . .' ~. ......;.;COLft:D~ot...~PRODUCE~A.NY+DOCuMENTAnoN.,..AND"'REFERRED;US'E-l:O:F.....""Ji.1;?i..."
".;: :~~~~?i~~~THt}:Sgg[~riMI'1P~ITYflbE.?~-opfjEN:f}'[)Ef>-A'E3tiii.~iT:~THEyci1NiiQf}E'~%[Jic;~",~
-".{,j,.C, --.jt~;;-frL:;' TOLD ,DS'"SEVERAL 0 SITES;' WERE:;.CONS I DERED. ~;BUT>':HAVE';NO .,:"" :..,;",."::-;.__.".'::"::'
':'.':.~~,:i}:;~[.:"!boCUMENTATfOj\FbR:;ANAi.:yS ! S~ OF. OTHER ~S f TES~--'~( TURN'" OVERrc;2;;.:: . .'"
C"~~<'ijClijJlI~~";~cI'i;" ... ... ..-....
,.~::~~~~:~;~~~: --~~~}~~~~t~~~:{,'.;..;(-,:~.~~~:,-<
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-l'.~,_~ F.Tv.. ,~AS BEEN ON FROM THE VERY BEGINNING. THIS PROJECT
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RECEIVED ZERO OPPOSITION FROM THE ENTIRE CITY STAFF. THE r
PERMIT HAS BEEN PROCESSED IN RECORD TIME. WHEN IS THE LAST
TIME THAT YOU RECEIVED SUCH SERVICE BY THE CITY?
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NORTH CHULA VISTA HAS ITS SHARE OF HOUSING FOR THE .
HANDICAPPED. ALCOHOL ABUSERS, ETC.. SINCE THE CITY GOAL IS ,'. .~~~~
TO HA<JE A BALANCED COMMUNITY, WE RECOM~1END THAT OTHEr:: SITES - k""ic'1-
BE CONS !DERED FOF: THE "HOMELESS SHELTER" AND SUBS I D I ZED
HOUSING.'
)
AS TAXPAYERS;'~I!IZENS, NEIGHBORS, AND VOTERS, WE SHOULD
STRONGLY OBJECT ,TO THIS 'iERY. EXPENSII;E PF;OJECT. LET THE
CITY COUNCIL~:NOW HOW FEEL. BARGAIN REAL ESTATE PROJECTS
EXIST AND WE SHOULD INSIST THAT THE COUNCIL SEND SBCS BACK
TO LOCATE AND SIUDY OTHER SITES.
PLEASE REMEMBER THAT OUR LOCAi..NE~.JSPAPER (STAR NE~JS)IS
OPPOSED TO THIS PROJECT,.AND.ASt<ED .CITY.COUNCIL TO .NOL. ..-."".-
APPROVE IT I N CONCEPT. I N ADD I TI ON, ''-THE CITY HOUS I NG .. . .
ADV I SORY COMM I TrEE VOTED AGA I NST. SAY I NG JHEHOUS I ~IG SHEL TEF:
COSTS TOO MUCH AND IS NOT IN THE RIGHTLOCATION. THE HEAVY
TRAFfIC. ON4 TH . AVENUE AND TRAFFIC. ON _THE EASE~1ENT F:OAD ..... n..
.' CREATE "A ,SAFETY HAZARD' FOR CH ILDREN .-HOUSED _'AT.., .THE SHELTER ~;,:.:;;~~.-- . _.-- .:.""-
-~-?'~:;2<'-~:~-;:~~~.i_~.:":~~.~.:=:::::".~'~T ,~-_-. -i:, ~ - :~': .'~:?~.::;!.::''7~::~' ->::T,,!<;:~,,:\,_:{;:~~,>:';'Li{~~'-)~E.f;~ :~~:~~:i~::~;~:~;.~,2.~;Ji~)LL:~;,::~:@~f~j;t7~~c,-,~, :;'~>~/J,;~>t:~":~.
niISIS OUR LAST CHANCE 'TO BE:HEARD."Ci'TY-~'COUNCiLMA~:'ES:.'::::':;'~;~O:;-- .n__'"
FINAL D!OCISrON ON JULY :i3;"1993.',:THE COLi~jc!L"'MEETING IJJILLBE'~
'.. AT..6; OOPM, . IN THECOUNCILCHAI'1BERS;~'276J:OUR.TH AVENUE.'"' .....
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.......;,".0,...-..,
n. __ __._..
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PLEASE DO NOT MISS MEETING. BRING FRIENDS AND NEIGHBORS
. --.....- ,,::'~~'~::'~':~." " . ---:-- -""'-~""~--:.~"~"':'.:" . ... '.. -, -.---:-::-:::;:-,';'.' :..~-"-;"'-;~:::'>;-:;~~...' ...
IF YOU HAVE ANY QUESTIONS, PLEASE CALL ..578-3272:'
.'-" ~. ...._~-, ".0-' ,'_;0-
WRITE A LETTER. FAX A LETTER OR CALL THE MAYOR AND COIJNC,IL
BEFORE THE MEETING TO DOCUMENT YOUR CONCERNS.
",.' .
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., . PS :,;::~25o.~ OpO~SAVED .~CAN:,PROV. IDEi.MANYiOTHER;;NEEDED'SERVJ CES .:::-'~' -'---=~'~"~~:':'-I.
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July 6, 1993
Mayor Tim Nader and City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader and City Council:
I live at 57 Fourth Avenue in Chula Vista and am writing to tell
you about a petition I signed opposing the project for homeless
families at 31 Fourth Avenue.
I was told the project was a flop house for alcoholic single men
and others. So, I signed the petition against the program and
went around to my neighbors having them sign too.
Later, I learned that the program is not for single men, but only
for families, and that it is not for alcoholics, the mentally
ill, or others. I also learned that families will have job
training, child care, and other services to help them get off the
streets and back on their feet.
After learning the truth about the program, I was mad about being
lied to. I am mad that I signed the petition opposing it and had
others sign. I wanted you to know this and think you should
ignore the petition all together.
Sincerely,
~
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C5/cv~~
\\""-.Q""-.\C 'L\O~ For ~ Ou..f- T\vy\'~
fn) em JL[b L..\" i'
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Mayor Nader and city Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader,
I am a resident of Chula Vista and want to share Boma disturbing
information with you. Recently, my family was approached by a
woman with a petition in opposition to the hOD1elelJ.!l hou"'ing project
on Fourth Avenue. She said the project io for bumo, "cholos" ,
drugqiea, and others who will ruin our neighborhood.
pC'"",,~
I have myself learned about the l>rogram and know that this _ was
lying. I know the program is for familiOO'<;l ~f"'., ':",ICe trying to get
back on their feet, not for druq addicto, ..lr-~h<>l,icF,. the mentally
ill.~ or p~ople not working to improve ~'~~ot.tlVatl. i think the
program is good and we need something like it for the many homeleslJ
families around. I think it is sad that people are signing the
petition when they are being lied to.
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HOMELESS FACILITY - OPPOSITION
PHONE CALLS RECEIVED AT THE CITY COUNCIL OFFICES
MANEY ADLER
427-2420
JOHN BARKER
321 VIA SALARIA
91910
420-0465
HENRY BELL
267-2362
JOANN BELL
267-2362
CHRIS BURKHALTER
420-2934
AL CORTEZ
420-3869
MR. DODDS
422-6956
TERRY FRENCH
15 VIA NOMENTANA
91910
427-7506
MARCELA GOMEZ
135 GUAVA
91910
426-7505
PEDRO GOMEZ
426-7505
HENDRICK GREEN
585-3396
SUSAN HATHON 427-8621
(DOES NOT "OPPOSE" HOMELESS FAC; BUT FEELS IT SHOULD BE LOCATED IN
ANOTHER PART OF CITY; DOES OPPOSE THE AMOUNT OF TAX PAYERS' $$$
BEING SPENT "WAY OVERPRICED")
ROBERT L. JOHNSON
140 GUAVA
91910
425-9757
PAULINE JOHNSTONE
422-2239
ROSE & RAYMOND MATELA
438 MARIETTA ST
91910
427-1373
JIM MC GUIRE
141 GUAVA AVE
91910
420-3621
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CARMEN MUNJUIA
439 MARIETTA
91910
MR. NORTON
129 GUAVA
WM OLIVERI
THOMAS ORTEGA
21 FOURTH AVE
91910
JERRY SPURLOCK
MIM ROBERT STRICK
136 GUAVA
91910
TOM WENZEL
21 FOURTH AVE #4
91910
()
427-7977
420-8872
426-2498
427-5870
426-9607
425-9067
422-7043
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HOMELESS FACILITY - SUPPORTING
PHONE CALLS RECEIVED AT COUNCIL OFFICES
MS. WILLIAMS
420-3208
MIGUEL GONZALES
163 GUAVA AVE
91910
425-3758 *LETTER ATTACHED
ANITA LANDRUM *LETTER ATTACHED
ELVY SIPIN 470-4253
PARADISE VALLEY HOSPITAL
MARIA TOMAS 470-4237
2400 EAST FOURTH ST
NATIONAL CITY 91950
RETIRED POLICE CHIEF WM WINTERS
lr
C:\HOMELESS
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McDoNALD. HECHT & SOLBERG
TELEP"ONE
(6191239<344....
"LEX C McDONALD"
" ..10,"," HECHT'
o",RI'lYL 0 $01..8E:1'lC;"
..JEROLD H GOLDBERG"
PAUL E ROBINSON'
TMOM"S C NELSON"
ROBERTA 5 ROBINSON"
DAVID w. BAGLEY, II'
Ct-IARLES R GILL'
MICHAEl.-") MAHER
""CHARD A SCHUi.-M...N
LAUI'lI CROCE STREETER
DAVID Fl B LITTLE
PETER K SOl-ECI<;,
A PARTNERSHIP INCL.UDtNG PF;!OF"ESSIONAL. COlOlPORAT'ON5
ATTORNEYS AT LAW
600 WEST BRDACWAY. EIGI'1TH "'LOOR
TELECOPIEA
1619) 232+6828
SAN DIEGO, CALIFORl""IA 92101
"ClENOTCIiio .. .RorESS'O"''''L CO"'..O.....,.-'ON
July 13, 1993
Mayor Tim Nader
City of Chu1a vista
276 Fourth Avenue
Chula Vista, California 92010
Re: city Council Agenda of July 13, 1993,
South Bay community services (nSBcsn)
Application for Conditional use Permit No. PCC-93-39
Dear Mayor Nader and city councilmembers:
We write you on behalf of our clients, Hart G. Klein and
Barbara G. Klein, Trustees of the Klein Family Trust dated January
22, 1980 and Alan J. Brant and Lavonne Brant, Co-Trustees of the
Brant Revocable Family Trust dated October 26, 1988, the owners of
properties located at 45, 47 and 49 Fourth Avenue in the City of
Chu1a vista ("City"). The purpose of this letter is to set forth
multiple reasons why you should not approve the above-referenced
Conditional Use Permit ("CUP").
The property, which is the subject of the SBCS Application for
the CUP, is located at 31 Fourth Avenue in the City ("property").
Currently, there exists fourteen (14) multi-family dwelling units
on the Property. The proposed CUP has been modified to purportedly
permit a maximum forty-four (44) persons to reside on site. The
prior application indicated that the Property would be redeveloped
to permit fifty (50) persons to reside on site. In either event it
is obvious that at a minimum the number of people that will reside
on the Property will increase by at least thirty-three percent
(33%) [City staff has recently informed us that the site presently
accommodates thirty-two (32) people].
d. I - d/~
July 13, 1993
Page 2
ENVIRONMENTAL ISSUES NOT ADEOUATELY ADDRESSED
After reviewing hundreds of pages of documents in the City
files and elsewhere, it is abundantly clear the CUP is a foregone
conclusion in the minds of certain staff members. To confirm this,
one merely needs to review the Mitigated Negative Declaration,
which was dated May 17, 1993, a full four (4) days before the end
of the public comment period for the Environmental Initial study
(May 21, 1993). Staff has indicated that the May 17 date was
inadvertently placed on the document. Regardless of what date was
placed on the Mitigated Negative Declaration, it is apparent that
this is the process that was to be used, notwithstanding public
comments that would not be received until later.
There are other environmental issues that should have been
addressed in an Environmental Impact Report ("EIR"), rather than
summarily dismissed through a Negative Declaration. Those include,
but are not limited to, potential significant impacts to schools,
traffic, access, safety, drainage and the matter of fairly
distributing these types of uses throughout the City.
In a July 2 / 1993 letter from Mr. Douglas D. Reid, City
Environmental Review Coordinator, staff attempted to address the
environmental concerns that we raised with the Chula vista Planning
commission. We respectfully take issue with staff in its reading
of the CEQA Guidelines and its interpretation of "substantial
ev idence" . There are enough "smoking guns" in the City's own
documents to indicate that a discussion of potential significant
environmental impacts should have been conducted. An EIR is not
intended to solve the impacts, it is intended to provide the
general public with an opportunity to review and analyze
environmental impacts of a project.
A. Impacts to Schools and PUblic Improvements.
There are letters in the city's files from the City engineers
that indicate certain public improvements and dedications should be
acquired, pursuant to the Chula vista Municipal Code. There are
also conflicting letters from representatives of at least one
school district that indicate potential impacts to schools by the
approval of the CUP. If there were not potential impacts to the
schools, the CUP's requirement that SBCS transport children to
other schools would not be a condition of approval.
---
d (-d-15
July 13, 1993
Page 3
B. Drainage.
Probably the most confusing of all of the environmental issues
that should have been discussed, is that of drainage. At every
juncture, it is clearly pointed out that there is an existing
drainage problem on the Property. The processing of an EIR would
have most likely required soils and/or drainage reports submitted
to the city. The analyses and conclusions of those reports would
have been available for public review and comment.
The Mitigated Negative Declaration and a later addendum and
the July 2, 1993 letter to us from Mr. Reid, indicate that a
drainage problem exists. Regardless of the drainage problem's age,
a discretionary action is before the City and the extent of the
drainage problem should be known in order for mitigating conditions
to be placed in the CUP. Again, an EIR would provide the public
and you an opportunity to review a complete set of facts before
making a fully informed decision.
c. Traffic.
As previously stated and supported by staff, there will be an
increase in the intensity of use of the Property. In addition,
according to reports of the Property I s proposed use, you can
intuitively see that the proposed use is not g tvpical apartment
use. There will be a regular and continuous turn over [sixty (60)
day maximum stay). The character of trips generated will be the
same in certain respects to a typical apartment, but will be
significantly different from a typical apartment in other respects.
Vans and shuttles will travel to and from the Property at
various hours of the day, not necessarily peak hour trips. Various
social out reach program workers and representatives will be
visiting the Property. These are not typical apartment trips. The
preparation of an EIR would have caused traffic and/or parking
studies to be conducted so that differences would have been
reviewed and analyzed. And as previously stated, the requirement
for public dedications and/or improvements could have been more
carefully reviewed.
D. Access.
One of the most complicated issues, and we submit sensitive
for the City , revolves around the manner in which access is
available for the Property. The CUP will be served by a private
easement, which serves as a driveway for five (5) other apartment
complexes which have a total of eighty-six (86) apartments. Thus,
the people who will be residing on the Property will enjoy as their
.:;1/ ,. dlS
July 13, 1993
Page 4
backyard a private driveway that serves numerous other apartments.
Why the city would want to be involved in a project that is served
by a private easement/driveway is a curious question in and of
itself. However, from an environmental standpoint, if an EIR had
been drafted, the necessary traffic and safety studies would have
been conducted.
E. Alternative site Analysis.
At the Planning commission hearing of June 23, 1993, SBCS
representatives indicated that numerous sites for the CUP were
reviewed. Their analysis of alternative sites has not seen the
light of day. In our comments to the Planning Commission, we
pointed out that had an EIR been properly prepared, alternative
sites would have been required to have been analyzed and the
results made public. Again, the use of a negative declaration
avoids this public scrutiny of alternative sites.
PURCHASE PRICE IS TOO HIGH
We submit to you, based on expert advice, that the City is not
the beneficiary of a fair real estate transaction. A study has
been conducted by Mr. Truman Brooks, a Certified Real Estate
Appraiser, which looked at comparable sales within the past fifteen
(15) months in the immediate area. Mr. Brooks' analysis, which he
will present to you tonight, clearly indicates the City is paying
far too much for the two properties it is acquiring [approximately
TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) too much].
The City's original appraisal and its updated appraisal
(February 1993) demonstrate the appraised values remained the same
after a one (1) year period had elapsed. We submit it doesn't take
an expert to question these results. Based on the economic times,
the real estate market and property values are in a state of "free
fall". We have not seen properties retain their values from one
year to the next. In fact, it is not uncommon for significant
decreases in value to occur.
In addition to Mr. Brooks' expert opinion, your own Housing
Advisory Committee took the position, on February 24, 1993, that
this transaction is a bad deal for the City (4 - 2 to deny). The
Chula Vista Star News took a similar position on March 6, 1993.
d.-[ ~ ,;;L I {p
July 13, 1993
Page 5
CONCLUSION
On behalf of our clients and the taxpayers of your City, we
implore you to take a careful look at the issues raised herein.
You should be totally informed before making a decision, especially
like this one.
---
~. -
sincerely,
~'~^ ,
--\(I-,.\t~~ ~{~:Y.:;"{"--
Paul E. Robinson, A.P.C.
McDONALD, HECHT & SOLBERG
PER/bar
cc: Mr. Hart G. Klein,
Mr. John Goss,
city Manager, city of Chula vista
Mr. Bruce Boogaard,
City Attorney, City of Chula vista
Mr. Robert Leiter,
Planning Director, city of Chula vista
dl-,;).I ?
July 12, 1993
From:
Honorable Mayor and City Council
d
John Goss, City Manager (/ /.:7, I
Bob Leiter, Director of Planning~[
Additional Information on Item 21; Transitional
Housing at 31 Fourth Avenue
To:
via:
Subject:
Kathryn Lembo, Executive Director of South Bay Community Services,
has reviewed the Council Agenda Statement for 31 Fourth Avenue, and
has submitted the attached cover letter and additional information
for Council's consideration at the meeting of July 13, 1993.
The June 18, 1993 letter from the Chula Vista City School District
referred to in the second to the last paragraph of Ms. Lembo's
cover letter is duplicated on Page 21-57 of the Agenda packet.
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315 4th Avenue, Suite E . Chula Vista . CA 91910 . (619) 420-3620/9790/5051
July 12, 1993
Mr. Steve Griffin
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Griffin:
I am writing in regards to the Council Agenda Statement for the
July 13 meeting, which I just received.
Please add the following materials to this document:
1. A number of letters SBCS has received in support of the
proposed project. Please insert after page 106.
2. Editorials published in the Chula Vista Star-News
responding to the editorial on page 139 in the packet.
3. Petitions signed by neighbors and others in support of
the proposed project.
SBCS has worked with The Chula Vista Elementary School District
to mitigate any affects on area schools. The solution is
clarified in the District's June 18 letter (p. 57). It would be
useful to copy this letter and place it after the letter written
by the District (page 105) when the issue was still under
discussion.
If you have any questions regarding this information, please call
me or Dan Marcus at 420-3620.
Sincerely,
~/ / I
( \ i e,~ 0;7-
Kathryn Lembo
Executive Director
&w<ne<l noart.by
Attachments
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" San DeIJ> Ccuty
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LETTERS IN SUPPORT OF PROJECT
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John S!le::arc.
346 La 3enda,'iay
8hula 7~3:at Ca. 1:~lQ
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Ci -c:r of" Ch~3. 7i3': 1
2'16 4 th .':..."18.
Chula Vista, CA. 91910,
Dear :hyor ar.d~ ~~dl.
BecenMy I bec:'L.Je i:lt,:.:r'3stad in t~e renov3.~i,):l ot :one ~~o~')er'Cy
at 31 4th ave. by So.th 3ay Community stirYioes. I understa..d t~at
a pernit \nll haye to be ap)~ovad by t~a city cJ~,ci1 bafo~e t~is can
take place. .
I strongly reco~e:ld t-,'13,t ap:;:J:r':)~'.'.al i"or thi3 pr'~jdct ",'iil2. be
l"':>:ct.l1C::Jmi~'l0 i"r,):L c~le ci-cy ;;:L;,_"cil..
For the past ye:J.r I have bean in'To1vad in o""inga 'l'ransitional
housing" sponserad b:,' the i:ltarfai th ahel ter net ",lark. ':rhis hOllsing
along with interfaith transitional hOllsing does not appear to have
a nega ti ve effect on the surrJ llndi:lg area.
The reasJn see;'lS to be that all candidates are very well
screened and must abide by strict rules or they are out of the program.
Today r questioned a friend of mine about what he thougnt about
the effect might be In the surrounding area. He felt that it night be
nef,ative,since people pU3hin~ shopuing carts around, such as ~he home
less do in San D~ego,~ould be in evidence.
r thini( tlle abo'Ta is a picture many people haye of th"! homeless
and is res~o~sible ror resistance to oheir coming into an ar~~ to live.
r doubt that the people selected to live a 31 4th Ave,ir the
permit passes, would a~pear much difrerent from the ~eo~le all re~dy
living in the sur~o~,ding appartnents.
There can ':Je no dOllbt about the need for t~3.nsiti;nal'::!ou3i:u
fo!:' ':;he hO:'leless in the Souti1 3ay. I ;lO~e that YOLl will c~ms'.C:3:' my-
.:oC'3..S0ns f'D= se;rir.g that :,hera ','/ill be no negative impact SI':..Jt:ld. a
pernit be issued for the above renovation to provide tQiloiticLal
housing.
rlease grant
tb.is permit.
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INTERFAITH
SHELTER
NETWORK
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March 1, 1993
Honorable Mayor and City Council
CITY OF CHULA VISTA
276 Fourth Ave.
Chula vista, CA 91910
Dear Mayor Nader and City Council members:
I am writing in support of the proposed short-term housing
program being proposed to the City Council by South Bay Community
Services.
Interfaith Shelter Network is one of the only general shelter
providers in South Bay, annual sheltering about 40 people for
1,000 bed nights from November through March. We support the
addition of more permanent shelter so that it is available to
residents year-round.
Short-term housing gets families off the street and provides
shelter for those on the verge of becoming homeless. Supportive
services, similar to those offered by Interfaith, provides
comprehensive guidance to families 50 that they can become housed
again and achieve self-sufficiency.
Keeping families together and off of the streets saves cities and
society money in the long-run, in addition to being the right
thing to do.
We hope you approve South Bay Community Services' proposed
program and funding request. This will allow their agency to
leverage money from National City, the State of California, HUD
and other resources so as to make a real difference in the lives
of needy families.
Sincereld
~ /,
, ~
ary .~ J
3435 Camino del Rio South #108, San Diego, CA 92108
Administered by the San Diego County Ecumenical Conference
5upp,:med P)' rhe etr}' and Coutln' or San Diego, and by priV.3rf conrributions
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SCHOOL DISTRICT
JAMES M. STARK
Interim Su!"rinlcndcnl
6CJ Elm Aven~e · lmpen..! Buuh, Cali/,'mia 91932 . (619) 575.5900 . FAX:(619).J24-9607
"Mokllng The FLltl.:I'W'
February 4. 1993
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Mayor Ti m Nader
City of Chu1a Vista
276 Fourth Avenue
Chu1a Vista, CA 91910
Dea r 11ayor Nader:
On behalf of the South Bay Union School District. I am writing this letter
in support of the efforts of South Bay Community Services' to acquire
housing units which will be used to house homeless South Bay families,
Shelter for homeless families is needed everywhere: however the need in the
South Bay is especially critical due to the fact that the only exisiting
shelter is for troubled adolescents.
We are also pleased to note that South Bay Community Services' family
shelter plan includes such services as job training and chi1dcare. along
with transportation to properly access these services.
We urge the Chu1a Vista City Council to approve this proposed program and
request for funds.
Sincerely,
~~
Renata Chase. LCSW
Support Services Facilitator
RC:mp
B0Jrj 01 Trustt'Cs:
EIna F. Aguilar
.
Alyce Arnold
.
Barbura H"pkins
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Brenda G. Latham
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Patty Sage
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San Diego. CA92110
(619) 223-7101
4 - l~
26 February 1993
Mayor Tim Nader
Members of the City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Honorable Mayor and Council Members:
I am writing to state my support of the proposed short-term
housing program being presented by South Bay Community Services
to you on March 2.
Your Council has recognized the need for such a program by making
homeless housing a top priority in the recently adopted Housing
Strategy.
You well know the numbers involved:
350-500
607-
only 8
Homeless persons in South Bay
Are Families
Shelter Beds Available in Chula Vista
Knowing the good work of South Bay Community Services, I strongly
urge you to approve the proposed program and funding request.
Sincerely,
A~~er~~
Executive Director
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Judith Johnson
3656 Louisiana Street
San Diego, CA 92104
March 18, 1993
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Councilmember Bob Fox
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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l>('ar Councllmember Fox,
I urge YOll to strongly support South Bay Community Services'
request for short term shelter funding that will be on the docket
for th(. March 23rd City Council meeting. In my extensive
experience with homeless families and single people In Chula
Vista (three years as the coordinator/caseworker at Project Hand,
Chul" Vista and three additional years as the supervisor of that
program), I fuund there was a great need for a shelter In Chula
Vista.
All C'rl.dible surveys show the number of homeless people In South
Bay exceeds 1,000 and my hands-on experience supports this.
Obviou sly, this Is a difficult population to quantify and people
who are homeiess do not limit their search for shelter to
particular jurisdictions, but the absence of any year round
shelter in Chula Vista places a great burden on homeless people
with significant ties to the City and on the adjoining
communities that provide them with services.
The program South Bay Community Services will pursue given
Council support would provide short-term shelter and needed
ancillary services to families who have the ability to move to
self-sufficiency. The constellation of services that would be
brought to bear on their problems will support families in their
efforts to become socially and economically Independent. These
parent s and children certainly deserve the opportunity to become
productive and contributing members of this community rather than
continuing to draw on resources.
Far too many
homeles snes s.
their Issues.
Chula Vista residents must face the problem of
Thank you for your concern for these people and
c? ( /.:9,;L lP
'.',;.::h 17, 1993
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Chula Vista City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista. California 91910
Dear City Council:
I am writing as a concerned citizen In support of the proposed short-term
housing program being presented by South Bay Community Services to the City
Council on March 23, 1993. This proposal is the result of a three-year planning
process and needs assessment by highly respected local community organizations.
The program is structured very efficiently and is ideally located to serve its target
population.
There is a tremendous need for this program because many Chula Vista
families are homeless or on the verge of homelessness. This Is not iust a oroblem of
our so-called "poorer cousin" communities to the north and south of Chula Vista.
Please approve this program and funding request. This will allow SBCS to
leverage funds from National City. the State of California, HUD and other resources to
house and serve needy local families.
Thank you for your consideration.
Sincerely,
en R. Googins
2360-C Greenbriar
Chula Vista, California 91915
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North County
Housing Foundation
A nonprofit housing development corporation
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March 15, 1993
Mayor Tim Nader and Members of the City
City of Chula Vista
276 4th Ave,
Chula Vista, CA 91910
Council: .
Dear Mayor Nader and Councilmembers,
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I understand South Bay Community Services is proposing a
shelter and transitional housing project in Chula Vista. As an
operator of transitional housing in Escondido, I applaud their
willingness to pursue this project. For years, the South Bay has
been the county's most under-served area for shelter resources.
When we proposed our Las Casitas project four years ago, one
of the primary issues was whether we would be "attracting" home-
less people to Escondido from other areas by providing a place
for them. I assured the council at the time, and can verify now,
that this is not the case, In the more than two years since we
opened our project, we have only had one family referred to UB by
an agency in San Diego - and they originated in Afghanistan! I
i':>hould mention that this family has obtained employment in
Escondida, and are preparing to move into permanent housing here.
They are already productive members of our community.
As I'm sure yoU are aware, homelessness is a transient
i':>tate. We have had many families in our program who have lived
in a variety of addresses in our region over the last few years
as they struggled to survive. Families may lose an apartment in
Escondida, live with relatives in San Marcos, stay at a church in
Poway, before ending up in our program in Escondido.
Incidentally, five years ago in a previous job, I surveyed
the downtown San Diego shelters and found that a fairly high
percentage of families checking into St. Vincent de Paul and the
Salvation Army reported a previous address in the South Bay.
Because of the large number of shelter beds in the City of San
Diego, it is far more likely that a Chula Vista homeless family
will end up in San Diego than the reverse.
Please feel free to call if you have any questions about our
project. I hope that you will support South Bay Community
Services in this project. I think you will be very proud of the
result - I know our City Council is.
C'-in("f'r'~v
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Executite Director
465 E. Grand Avenue Sle B Escondida, CA 92025 (619) 432-6878 432-6883 fx
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WELLS FARGO BANK
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MICHAEL GALLAGHER
Vice President
Community Development Department
101 W Broadway A.....enue, .300
San Diego, CA 92101
(619) 238-6356
March 11, 1993
The Honorable Tim Nader
ci ty Hall
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader:
I would like to express Wells Fargo Bank's support for affordable
housing in Chula vista and the project South Bay Community Services
is attempting to realize at 31 Fourth Avenue.
Wells Fargo is the largest source of private finance for affordable
housing in the State of California. In developing expertise in
this type of lending, we are very aware that we can bring private
dollars to bear for affordable housing only when local and other
levels of government contribute subsidies.' Government
contributions cover the gap between the debt service an affordable
housing project can support and the additional financing necessary
to create below-market housing units affordable to low-income
people.
The creation of housing for homeless families, combined with
numerous services nearby (job training, child care, Head start,
literacy classes, etc.) will make a major contribution to
addressing some of the pressing housing and social service needs in
Chula Vista. We hope that the City government will be an enabling
partner to South Bay Community Services as it works to realize this
important project.
Thank you for considering favorably their request.
Sincerely,
?n,v?t~ /J~1i--
P"nleCl 01"1 Rec.,eled Paper
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Councilman Leonard Moore
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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February 25, 1993
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Dear Councilman Moore:
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I am writing in support of the proposed short-term housing program
being presented by South Bay Community Services to the City Council
on March 2.
There is a need for this program because many Chula Vista families
are homeless or on the verge of homelessness. The City's Housing
Element estimates the number of homeless persons in the South Bay
as 350-500, of which 60% are families. However, the area has only
eight shelter beds (and these are for youths only), compared to
over 1500 beds in other parts of San Diego County.
The City Council recognized this by making homeless housing a top
priority in the recently adopted Housing Strategy. Local service
organizations, including MAAC Project and Lutheran Social Services,
also recognized the need. This proposal is the result of their
three-year planning process and needs assessment.
Short-term housing gets families off the street and provides
shelter for those on the verge of becoming homeless. The project
offers services, like job training and child care, designed to meet
families' needs and help them achieve the goal of self-sufficiency.
Short-term housing is not for drug addicts, the mentally ill, or
people unwilling to work to change their lives.
Families "graduating" from the program can move next door into
SBCS' transitional housing units, and continue easily accessing
their support network. Dollars will be saved through operating
efficiencies such as shared property management, case management,
and administration. Additionally, transitional housing residents
will serve as role models for short-term housing residents.
The location is ideal because it is on a major bus line, across the
street from Eucalyptus Park and the YMCA, and within one mile of
schools, a trolley station, fire and police stations, City Hall,
off-site services, and shopping and employment centers.
I am asking you to approve South Bay Community Services' proposed
program and funding request. This will allow SBCS to leverage
funds from National City, the State of California, HUD, and other
resources to house and serve needy local families.
Sinoere~~~ ~
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FIRST CHRISTIAN CHURCH
1800 foot 17th SI....
No"onol Clly. CA 92050
(619) 474.2254
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March 9, 1993
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City of Chula Vista
276 Fourth Avenue
Chula Vista, CA. 91910
Dear Councilman Mayor Tim Nader,
We do favor the short-term housing program proposed by
South Bay Community Services. This is with the understanding
that it does not include an attempt to deal with drug addicts,
those mentally ill, or. those unwilling to take work when it
is available. It should be truly short-term and should not
graduate into something else used to support a host of bureau-
cratic social workers. Our understanding is that such help
is truly short term, temporary, a stop-gap measure and as
such we are in favor of it.
Sincerely,
~y~
Albert L. Young, Minister
'.
at - .;23-(
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50 Fourth Avenue
Chula Vista, CA 91910
(619) 422.8354 FAX (619) 422-4412
Boord of M.na~m.nl
1992 - 1993
Larry Cunningham, Chair
VICe Chairs
Pam Smith
Sandy Murphy
Susie Conners
Chuc. Day
M,.. Pradels
T. Pal Cavanaugh,
SOCletary' T 'easure'
Penny Ailen, Pasl Chair
Memben:
Vince Acosta
KE'~: Baumgartner
M ,.,e Beyer
Don BlInd
Joanne Carson
JR Chanlengco
Norma Col<.mga
Meh/ln Cowherd
Greg Cox
Ma'Y Lynn Dedde"
Gen Dililngham
RICk Emerson
M,~e Fmch
00:.;; Fw;ler
Fi~to€~, Ga':ia
Ke", Ge~l~'Y
Fred na'::f'
Ca.IHc.,'
E,' Ya}
F.::c-€"'-: H.::
Ranlf h.,Jr,:er
OJ:;', KoJ
ArlT',a'idc Martinez
DB"'I Menjez
Da..e Mi:t'le!s,n
Ken ~b~son
h!e: M;.::re
Ka!~,~ Fa~~er
Ken Screelon
Ar. Seli;'en
John Shockley Jr, M D
Bruce Sloan
Pal~jcia Smith
Dr Johr, Vugrin
AlcWllllams
Bra,~ Wlisc>n
Tma Williams. ExeC\JIive Director
Heritage Club
Pen:"lv & David Allen
March 4, 1993
Mayor Tim Nader
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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Dear Mayor Nader:
I am writing in support of the proposed short-term housing program being
presented by the South Bay Community Service to the City Council.
There is a need for this program because many Chula Vista families .are
homeless or on the verge of homelessness. The City's Housing Element
estimates the number of homeless persons in the South Bay as 300-500, of
which 60% are families. However, the area has only eight shelter beds (and
these are for youth only), compared to over 1500 beds in other parts of
San Diego County.
The City Council recognized this by making homeless housing a top
priority in the recently adopted Housing Strategy. Lo"al service
organizations like the YMCA also recognize the need.
Short term housing gets families off the street and provides shelter for
those on the verge of becoming homeless. The project offers services, like
job training and child care, designed to meet families' needs and help them
achieve the goal of self sufficiency. Families "graduating" from the
program can move next door into SBCS' transitional housing units, and
continue easily accessing their support network. Dollars will be saved
through operating efficiencies such as shared property management, case
management, and administration. Additionally, transitional housing
residents will serve as role models for short-term housing residents.
The location is ideal because it is on a major bus line, across the street
from Eucalyptus Park and our building, and within one mile of ,schools, a
trolley station, fire and police stations, City Hall, off-site .serYi~~~; an.d.
shopping and employment centers. /.(',,">Y ", <..<"~",
I am encouraging you to approve South Bay Community Services'
proposed program and funding request. TIlls will allow SBCS to leverage
funds from National City, the State of California, HUD, and other
resources to house and serve needy local families.
Sincerely, .
~w. tJ~
Tina Williams
Executive Director
d{~d33
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Off My Chest
Home is where
the bundle is
Jim Strong is a neighbor of mine in the two-story
building on F Street, catty comer fro", Chula
Vista's City Hall, where I have my office. I use it
for writing, studying repons, paying'bills, making
phone calls, seeing people, Jim sometimes uses the
building for eating or thinking; when it's warm he
likes to sit in late afternoons around the waterless na.
tio fountain and stare into space while he smokes a'
cigarette. But mostly he uses it for sleeping. Because
he's homeless.
This building, bought by the City ofChula Vista a
few years ago, has been a refuge for the homeless from
berore then; as Jim says, it's quiet and private and
sheltered from the wind. Several WInters a~o, ifI'd
come to mv office when it was still dark, I'{find twO to
four homeless men curled under coats or blankets
sound asleep on the thinly carpeted concrete ramp up-
stairs or downstairs on the raw concrete.
By last summer only Jim was left. He became a son
offlxture here, a slight and smallish early middle
aged figure, about 5.6 and 120 pounds, Caucasian,
dark.haired, good features, unobtrusive. \\"nen I'd
leave each evening I got in the habit. ofwaying good.
bye to Jim and he would wave back. Then our reo
lationship advanced to the point where I would say
"bi" or "good nightrl and he would say "hi" or 'Igood
nignt."
But we never really talked.
Then, one morning last Septer::lber, I came to
wo:k early just as Jim was waking up. ~~'1C: I thought
that.. as neighbors, it was about time we got. t.D~know
each other better. So I asked Jim a little about himself
and he asked me a little about myself He told me he
was 41 and born and raised in Coronado, a:;.d that his
father was a Na'\y' officer and he used to \'\;0:-:'.: as a
dJ-1341
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get ajob.
And] told him that] was a "Titer and he said that.
when he was at Southwestern and San Diego City
College he liked to write too.] ended up by giving him
a $20 bill "ith the caution that it was a one. time gift;
he asked if he could consider it a loan.
Last week I took Jim to lunch. I wanted to learn
more about the homeless, or at least about Jim, than I
could in brief snatches of conversation in the building
patio. We went to the Black Angus where Jim cleaned
the plate of prime rib, salad, potatoes and cake, wa-
shed down by two beers.
Mostly in answer to questions, Jim told me he sur-
vives on about $50 to $150 a month cash he gets in
small handouts he likes to think of as loans, or by giv-
ing blood plasma at $15 a crack (except he's been tur-
ned down lately because he's been im or through odd
jobs like cleaning a nearby store.
He says that at school he was a pretty good student
in some subjects, particularly in the social sciences
and French and ] test him and fmd he still can under-
stand some French phrases. He had some psychiatric
problems, depression and anxiety, when he was in his
early 20'Sl he explains, but after that worked regu-
larly, as a motel desk clerk, a restaurant waiter or
cook, a hospital psychiatric aide. and in a library's au-
dio-visual department, until three years ago when he
quit McDonald's because of kidney pain.
He was ruled ineligible for Medi-Cal and disability
two years ago, he says, and the pills doctors gave him
for his kidney pain seemed to make it worse and be-
sides they're cheaper in Tijuana so he doesn't go to
doctors any more. Relatives? He hasn't seen his thrice
divorced mother who lives in San Die2"o in tWO years
or his father, who he heard lives in laano, in more
than 20l but sees his brother perhaps t\vice a year.
Jim says he usually can get food at churches but if
he gets together a little money he like~ to treat him-
self to Sl worth of chopped liver at the delicatessen, or
watch the horses at Caliente, alJ.d once wne!'l fares
were cheap he took the bus to Phoen!.,. wa.'1dered
around there, and gOt S20 there for his plasma.
Jim doesn't drink. he says, except ::;.avoe an occa-
sional bee~, or take dr..lgs if you don't co~n: a rare
marijua.'1ajoint. He spends his days r::L~i~g walks. or
going to the park in Chula Vista C~ Coronac.o, or rid-
ing the trollt'Yl or going to churches. Before lunch, he'd
JUSt been to a Catholic mass (thougn he's not Catholic)
and shaved at the Salvation Armv.
Does he have any hopes, aspir~tior.s for :he future?
Jim looks blank and savs ncthin~. \Ynat if someone
gave him S10,000? More silence..Sl.OOO? ":\laybe I'd
go to San Francisco. That's a nice piace."
\Vas he fairly typical of his fello~v nomeless?"~ 0,"
he says, "we're all different except fe:- one :::ing - we
have nO\vhere to live,"
Lunch over, Jim asks to be dropped off on Broadway
a..."1d I park mv car and from the tru..'1k I ex::-act the
c!oth-;"Tapped bundle he had given me earlier. It con.
tains two shins, an extra pair of pants anci a razor
and blacies, all cionated - his only possessi;:ms, Jim
says. except for a bla.'1ke: he leaves st the Conp-eg-a-
banal Church. ....
III used to have mc:e trjngs - a wz.::h a::.d my O\\il
clothes G!1d a ,vallet wi:h my social securi~:: carci unci D.
C4 The Star.News. Wednesday, April 14. 1993
Blankfort
Continued from page C-1
calculator and my W-2 forms -
but all kinds of things dis-
appeared in the process of mov-
ing around..
Jim's plight essentially has
been caused by political decisions
_ the Reagan-Bush administra-
tions slashed public housing by
80 percent over the last 12 years,
while simultaneously sharply re-
ducing funds to treat and bouse
the mentally ill.
To their credit, some communi-
ties are trying to do something
about homelessness and, in fact,
studies show that, given aid and
steered in the right direction, 87
percent of the homeless will be off
the streets and coping within
three years.
For example, Chula Vista's
City Council last week decided to
seek cooperation from other sour-
ces (and National City j oined in)
to buy and convert an apartment
house into a vear-round tempor-
ary shelter f~r homeless families,
with volunteer agencies provid-
ing therapy and support to get
the families back on their feet.
But the problem demands
national solutions. And these will
come only when the richest so-
ciety in human history answers
the question "Am] my brother's
keeper?" the way we were raised
to.
When Jim Strong goes to
church, maybe that's what he
should pray for.
Please see B1ankfon: C-4
~1-d~7
PETITIONS IN SUPPORT OF PROJECT
d( - ~3~
...:...;~
't
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
Name
Address
Phone
,
,
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"
;;J I -doC(
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Conununity Services program will
provide housing plus supportive services to homeless families
willing _.to work to become self-sufficient.
.,
Nam~ / / J/ Address . .~ _ FhO:;
~~_fdy!!:.!Zf--_t!:,-~,!!:::::'~-~jL:.---------f.o.:.1~:~-~.!'7'
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.
.
.;)...I-~O
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.. to work to become self-sufficient.
Name
Address
Phone
.,
Rl.JSlIlY?ouFTr- L(JI kl2./STfJ cT C.V. qZj-32J?7
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.
.
;) {-;)-t{ /
June 21, 1993
Mayor Nader and Councilmernbers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Communit.y' Services program will
provide housing plus supportive services to homeless families
wi11ing..to work to become self-sufficient.
Name Address Phone
Jt:~~'u.c)jlM1L__g./I!:-I.I1-~1-1Pl!fl1~~~}-1c2LQR_--~-~?:%b 1
~~_rtJiYz---3.L;;..k!1LM-f2.jL1jQl~---'iap.::~cXl
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'.
--:l I -d.-L( Q
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing _,to work to become self-sufficient.
Name
Address
Phone
1!\\_~t\fit;"LUl_=~~t---~llJ--~-~--QB-,------Y~~~~; Cfj \
~~~~~~___~~~~~~~--1~--~~~~-~~-G----_---~Sl:1~~:~C)-~~~~
~~~__~~~~~~--~~----1]?---g:~Q~~~~~0---_---~~~~L~~J-
~a' t'Id_,.~J:C~-~-1nIlJ~f2-2~~~-----2~Q:.:{t'3 ~ )
00' J~ &tMrJ/ , Lf7(-,'F;GS/
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.
.
cJl-c943
June 21, 1993
Mayor Nader and Councilmembers,
,.
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay COIlUllunity Services program will
provide housing plus supportive services to homeless families
willing .,to work to become self-sufficient.
Name
Address
Phone
/.P-~t_f::I:ht:aJt~_-Q1f?--I:kz.1-f-~~-(.t--Q:.-------'t?~:2:s Q
_~~:1:f:~~~~-----------------------
1 '" --1-/ /)./j r-r/ J/ /i, ~ -9'
~q~~~~__~____~_~J~~~_____________________________~~~~22_U
mECf._K_:D..elt.l!j5..d.Lf:!..2t:.iJ.f?.fE~~Lfiftfl~---~!-..~-~? ?S"F'
~--~~lir-,jJ~~1t:!~L~~7-h~~--------#:~r;-;~~ 4
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~ ~~ 1f:??'1 V-.d;~,r" q/, .5,0. '1z/=>7 -::l?:../-gv23
~~~~::~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~:z~~~~~~
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..
C9 { --7-"'1.<./
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing:to work to become self-sufficient.
-.Name ,Address Phone
, ~-
(';11. J. ~. A.' I <- il {. ,I.' !0 r.5 ~ :2
, ,_~;~~~~:~~0~l__~1~~1__~~~~~~j~~~~!j----------_:_----~~:~~
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"
c:? I ~d.l.{ 6.../
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
Name
Address
Phone
h_~_:-~ld~_____~1:5J__J&_~_~-L_~~lif~L_~_f 2(0?
(~ ::.-;>
?!:!-(;__~"!!.'=-~~f:.~___~~_J.."'!_fT;_ll;!~~_!'ff:."Et!.,,-~-9J.~i0}LJ99J .
l:.'-"_'2,-~~~:::::~.3.;~__:.'~_~_~:.~~t~:",-'2._:'l.:.:.._~~~_~::.~e_.....c~--!~.:~~ '10 . <t i4()
_~s:fu.~?!9~~~__.1~"2_J.?_~1.;..,_____$Th-~~Jg:"_--~-~__:t~J9~'LJ23. 9 -~~ 13
~>I_3.~h~_____1.ii.J;_i!:.l~~.....___J:z,-~~J~h"<_L6.._.1wZ--I:./-13i-I J 03
/!1.,itt__.z.~~__'i'L~~_rf~!3.i5L.ji~-?f$--~.!J.i!!f+Qt-'7.<2-gQI.dg L( -8'/f.;2L{
~~__ 14-0 (;.1. (("i1-i NDmOJ-l~ G-.J-.... 91"150 414--22:'2
~Q::~J~~'Yit:~]~-;;ji,~-:'iqfi:,~~;i;,'-;~~i~-;i~~~~Q_/91 ~
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"
c9 / - (94f I.f
June 21, 1993
Hayor Nader and councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
Name Address Phone
citi-":/ ~?kI:1d/le=__4!J.p.ip!A~sIs:---I?,{------l:.!J?:.&.'iif?
~___ _ ___~~~,,_&sI,,-!l2~,,-,:!!Li.J2.~';;:!?J)L~~!'-LilX~2D 3 :3
1--------'- ______ _ __~t~_.?.!yY..!~_~~j..._:[zct__c.:L1~Jl_2C~~~ o? Cj Z
~.-- :~~~1E;:~---'~~~-:~.~=~~.--~~~-~~-~~'--~~~'-~~'3:~
~!f ~ ~~~~~i~~Q-.~~b~~~~;:~;-;;;:~:~~:~~:=;;2-11~~
__ ____~~-~~~~-~a!L'1--{P~~ {"3
~~~___ __S.lLC1--~~------!."2~~??_--Oi.!i.~LLS:.-_-~(
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, ,
~ I - c9'1/':f
Mayor Nader and Councilmembers,
RECEIVED
'93 J1.' 2 1'l2:12
June 21, 1993
We, the undersigned, support the openi~g of s~.tit~~~~,ng at
31 Fourth Avenue. South Bay Cornrnun~ty Se " will
provide housing plus supportive services tctl ss 'f'amilies
willing.to work to become self-sufficient.
Name Address Phone
" t~ { / '~:f!!.!:.l____j!_f:L" I/tf{/tt1~:d.;(,~______________Lf.?:~?~_<ffJ; 0
I .. .
H1- i( G i ;>i.vUZ <, "
. " y~---------------------------------------
_ (L,_._0_~-~9-?:--b--h~Jflj~~J~.r,-_--~-~~-.930~
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__ __~_LJJ_t--(JJ~~<Ae~:LC;!:!!.,____~3~::_1. J
~_ __~_MJ)..~~~~-----~6!:~!'(j.J-!
A~?n._1i~--'-i.2--~.!.-fi.:'.!0-11!2A.L5J.jJ.:'~--121..::-~!.t!
~~_q:z~-t~31-_~~~LUi-tf~_,,!LL-12'f:"YL["L_.!i.ZJ':J1~J
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--~---~?:7--------~--------~--~---;---~~=~~~~:: ~~~'Y~~
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.. ~ /.;sv ~.fJf' /1/11
c::J I - .,.2 q 'b
~)
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
Name
Address
Phone
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of -aLfCl
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support.the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
Name
Address
Phone
,~~~-tJA_X.:1. E S +- _:~_..______________'ti;LQ.~rzLC)-7
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~/-C)~o
June 21, 1993
RECEIVED
Hayor Nader and Councilmembers,
'93 Ji 13 P,l1 :26
We, the undersigned, support the openi~g of S~?f.ER~~lh0using.at
31 Fourth Avenue. South Bay Cornmun~ ty seTi1i/;!$ c'[)rogram w~ll
provide housing plus supportive services tJ.1 hdrtreIess families
willing.to work to become self-sufficient.
____~lbj:IKtz-1-(Jk~.?1.-~hV1S~------1Jd:llS3 ~
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~o
"
.;;J / - J..51
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-te~ housing at
31 Fourth Avenue. South Bay community Services, program will
_ provide housing plus supportive services to homeless families
w~llinq.to work to become self-sufficient.
-
Name
Address
Phone
t"..{q!A..~_~fIld~T=~.2.?=-4~~C~t2-I.~-~-.2.:f~-.L~- 8"~5-C:>
~Thc.._u.\.O~LCO,)----]12J:c.[!D_-~L.cJa.-Al~-?a~~JQe-- .JJr - ? rJf
t)i~:::.:.~_ .!::'j_~7~____jL!J:-f.5-~=/':::!-_-A!./...::;..---M.:..~..-_<i.1.::1L'2--5/:;.1f? -(C 'f/ ,y
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_ ___ _..)J:.Q2_#~:;;/Sk..L_-:JJ22.--21.:t.:...21.1(
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"
oJ I _d3,:2
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned,
31 Fourth Avenue.
provide housing
willing.to work to
support the opening of
South Bay Community
plus supporti-ve services
become self-sufficient.
,
short-term housing at
Services program will
to homeless families
Name
Address
Phone
_2._~_:! :.-:.i?:::___.L"-2._9:!::.f?::!:..i2~:!:_~!:!.2i.Y/L___~!.~-~ 3 Z 9'y
<;:::~--L7-W ~.: ;./
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A . 1'" .-. Vi"- ~
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c?/- dt?3
,
"
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
'\
Name
Address
Phone
-
,
. ,
fl[\.:~f.r';.ltL~ll.!:___q45..:.D- _L-:k.~LW.fi:Lef~___c._tL_____4z.\:::z(,;2:..-(.)~
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z,o
,,'
.;2 I -,;)fY-f
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South. Bay Community Services program will
provide housing plus supportive services to homeless families
" willing. to work to become self-sufficient.
-
_ ~ame l Address Phone
-,.~~i~(~~~~~~1___~~2~_~~f~~~~jf~~~!~----------~!-~-~~!;2
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/~~'{~~_mG_&:"t__1~~_j~_.B::!:JQ1Q__5~.P':_1~L~l__1d.l::.~~f2_
V____~~"'.t~-~.t:Xu=B.d='-l.-r.,12~-S.;.D-1~l~:fr..~=;i:/'LqY20S
_ _ _ _ ~~':=__~";;,Q--~-~~---------'1tT~J-----?::~J.:-~.k'13
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:J-1"":'cJ55
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-~ufficient.
Name
Address
\
phone
b_~_:.~_L~_____~1:5L_JP.d~--f~_~~_Ci~.u-__~-Cj 2(o?
. I ~
?~~__?_~~~~~~___~~__~~~_lt:!~'!:_!E.."Ed...-~_91~i@LJ995'
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_~~lW:~Y~~~f..__1~c:?_~_~!.:..,_____~~_~~~___f~__j.?JQ_"-flZ 7 -~ '13
tp1_X~____3:Jl..J~_;[!.:_~---_..:f'!('<2.~J~b.",,_L6.._2.~J..s:l-ki- /703
~Z~__'!:iX"_~~~.fod~.,#1-.a"i2*Cd$g9../?-'~-/?'.2~
. 140 W.llo'1'>i NcrooJ-lo-L ,.4..- 91<150 474--22-3.2
s~7i::,lJ~:__~---~:~7~J5;jj,,~~iq~S;,::tL;;;'~J..?j.iY~~~;~f}_/91 ~
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'.
.d-1"'--d5~
June 21, 1993
Hayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
'\
Name Address Phone
a":/ ~wl.C11f.(___1.LJ.p..i2fA~r!s:__!?d,------~~~f!j '!
cff!i:--- - ___~!~:l&fl7!_!'1!J!.>_.J!,!_i.i!J2,_!;!J._{!f~_CB-X't::2" 3 :3
J________C ______ _ __~tt_3..!y_~!~.U2~j.._1:~__C_:'L_'i~lL~~~ - a? 'i 2.
~ -~J1 ~ ~~~~~~~_;.;~~~jJ_~~~~_;~~;3~c.~~-~~~2-i I~)
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__jl~~__~~__________________~_~JLL~____
~
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d I ~v?5{ ','
Mayor Nader and Councilmembers,
June 21, 1993
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
-provide housing plus supportive services to homeless families
willing:to work to become self-sufficient.
\
Name _
Address
Phone
/J-~tJ?jJJtflf1~__QZ!?__I:ii'?-.(-_6~_(.t__~_______/i.~~:~3 cs-
-~~~~~~-----------------------
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...21 ~ )S~
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing:to work to become self-sufficient.
)
Name Address
,
Phone
n-'-\J~:iliteLlll-==~~~___~ltJ__~_~__QB_.______Y~~.::~~ qJ \
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__ _' . _.k__::!{~-r. _ _~_____________i.?_C{:t0Jj/
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_ ____ ___.a,,~,,_f.:p_,=L&..C.f!_~EL_q:_____9:.<Z::?~*L.q''7c<.
- ro-~ :-v~!?~~~k/--~-;-~-r7J;~-(~~/-----:;:l-7~f"-:;
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I~ ~7"'-=<'
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;2\ -~ G'1
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing:to work to become self-sufficient.
')
Name Address Phone,
:Jt:-PLu'uti1-M1J___~tf!.~&f41.fPf.2fB~?J~-1C}fQfL--~-CJ.~?DG 1 ~.
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__ r;e~c~_____\Q{Q=r..!:"qJjg/LL~~:.-9:.L9J.Q-flf <'13
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~~~L,2:~~~i~~--lt~~~if; .
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_ _____ _ .L.ec.zLf~~J..2IJ1!2____92L.:7.y.;<, 5
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.'
d { - d ~o
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
_ willing.to work to become self-sufficient.
,
,
.Name
Address
Phone
.
fioSII fYlCJuF7T- LlJl 1r!.R../STfI cT C.V. i..fZJ-32~7
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;2f-:2LPI
.
.
June 21, 1993
Mayor Nader and Councilrnembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-suffic;ient.
Name /7 Address _ '\ Phone
d,/ / -P"' .:;,~. - f!; ':J,
~~~_~!t~____~____~__~?!_~_~j~~_________~_~~:~~~_~~J'
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}.kJ
.
JI~d.t02
"
June 21, 1993
? Mayor Nader and Councilmembers,
!;:~
,~.
It
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Community services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
_ _~__~__-3H..._?.l/~,[f..J~~<s:~_?1-'-~l[J..2--=----_:':'_--
__ifJJ.'2,mL~<tv__IjoQDi.t_c~J:L01.L~'!___---___--Y..?2!_??- "
if'~~~j/'Qg_~Ud~..eJ.l.-----!:/-2>-Z_-:2ffJj
( 4~d:.df:qy-,(===:_LL1W:.ljc..ro-fr'~L::::"I-----,.~~_LllC
\../..!1~.#..__J4~__jJ.:t_rd.__f{MI.";'_<L_:lJ!.--__5!.~7!L~
_~~__~___L~~~__~~nJa_~.L_J_.2.__!/;J:.8_:.~'ji>:t..
~G~;~~_}/;:eb-B~;.R.4...!Bli.Jr2~S~----t.f-~.laj'S(Q
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Phone
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"
cJ ( ~ c7 (jJ3
-:......
,.
'I.
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-term housing at
31 Fourth Avenue. South Bay Corrununity Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
Name
Address
Phone
-' /
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--------------------------------------------------------------
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I
,;)- I - .;LLQ-<..f
June 21, 1993
Mayor Nader and Councilmembers,
We, the undersigned, support the opening of short-ter~ housing at
31 Fourth Avenue. South Bay Community Services program will
provide housing plus supportive services to homeless families
willing.to work to become self-sufficient.
Name
Address
phone
~.d:1?L~~' .r)_______-?L.:2-~~.;:.:.-S:.t!.5:.?'-~-"'---------~,zJ..--:k<i.!J.l
~~-~---~.J...L~~(2Y~~L.J..L(.------'i:~.1-Sl."7e~f
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s?liJ.~ .QU,<:ul: t, .~ __11i1~JiLttl:o~_.D.r.:________:L'lR:::-05S:,)
_~_::_ _-=..::i.~~..!-oe-'.>:'---3-';"'L::J-.21?-~?i:--~-Q---&f>:.:\..:::15' 5 :B
.c~e~~_______1-=,-~~_f~L..-~.,b.9-.(--"Ls~-!.--':iJ}-:'~~.21
_f2<?.b.._~-----~'i:LU~.~cl.~-~iL~.?--C~AEfM--~:LcJ.:.l,=:':! 1-
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fL.,flNo- ~"'L<~..J .J!-L"t !"tt61bJ A'ICt'. . $b 'i 1.11 t, z.~" - ~'b'1.. 3
____________________3_________________________________--------
~":',p...VI...._..L\J~./""f p.O,ef l.:."r;';"3 <~.rr- ~-~ I'!/_' .;lS~-d-~~7.
___~______ ______________________________M___________________ - ~
/c!,)~ i
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'.
.
g{- ;/(PS
July 3,
1993
RECEIVED
Al0 :23
TO THE MAYOR OF CHULA VISTA, JIM NADER
AND THE CITY COUNCIL
'93 Jl 12
NEIGHBORHOOD PETITION TO STOP THE CITY
OF CHULA VISTA FROM ALLOWING A "SHORT
HOMELESS HOUSING FACILITY" AT 31 FOURTH AVE.
\j\~;l'. t.
I'"~
,-.',1
We, the ci ti zens and neighbors of North Chula Vista are
vehemently opposed to allowing a homeless shelter to be
instituted at 31 Fourth Ave., by the South Bay Community Services
(SBCS) for the following reasons:
1. It is outrageously expensive. The cost for running this
"home" each year is $20,140 per bed or $1,007,000. (City Council
meeting of 3/23/93 notes, page 5.) There is alternate potential
and less expensive sites for this housing such as existing
apartment complexes; small motels; or bank owned properties.
There is absolutely no reason for the SBCS to purchase this
property for an estimated $720,000 and run it for $20,140 per
bed!
2. National City is contributing for this homeless shelter
with the understanding it will also serve homeless families
from National City. There is absolutely no need to "import"
problems from other neighborhoods. This shelter is proposing
to house 433 families per year. This is not permanent housing,
only temporary. Families can only stay 60 days. What then?
Will they move across to the adjacent Eucalyptus Park and start
up camps? There is ample evidence each day that homeless people
sleep at the park! We don't want o~r neighborhood to turn into
a homeless community. We like it just the way it is.
3. On June 23,1993 the City Planning COIr.mission held a public
hearing for the Conditional Use Permit (PCC-9239) of this
proposed shelter. Despi te the overwhelming opposition by the
community, the Commission voted to recommend to the City Council
to grant the Permi t. The only people that spoke in favor of
granting the permit was SBCS! The general consensus was obvious
and the Commission went against the wishes of the people! We
do not want our property values to further decrease! They are
low enough with the lingering recession as it is.
4. Our Chula Vista police officers are overworked and
understaffed. They will not be able to handle the increase
in crime this shelter wi 11 bring. On any given night you may
find only 4 police officers to patrol the second largest city
of the county including the Eastlakes community! There
are no guaranteed safeguards from violent spouses, boyfriends
or girlfriends, and any other problems this shelter will bring.
.:J ( - dl..{JLjJ
"
,.,
(' t!'
,\ i ....).
"
: '-
v
WE HAVE GOT TO MAKE OUR VOICES HEARD! ALTHOUGH WE ARE
SENSITIVE TO THE PLIGHT OF THE HOMELESS, WE DO NOT WANT THIS
SHELTER IN OUR NEIGHBORHOOD! AS RESIDENTS OF CHULA VISTA WE
MUST PROTECT OUR CITIZENS AND FIND THE BEST SOLUTIONS TO OUR
PROBLEMS AND UNFORTUNATELY THIS SHELTER IS NOT THE RIGHT
SOLUTION!
HONORABLE MAYOR AND CITY COUNCIL PLEASE LISTEN.
~-! . ,) j' iL
~~~~~
lh &,
<2.-
.:1p,fi ^"" .JJ.. g~{/-
<<~~ 3~
ADD RES S
135 GUAVA AilE: c.tlvLJ\ \11<;71l ff7?6
/1'-5 &,u/Cv Ave. t!Jtah u:~ ~;<116
,If-$' ~~~ltMrL~
J S-"3 )!JUWJ..J/LV~. c:Au.vuv~
/57 ~ ~ (,L.t2. zJ~
1('7;t:::-~ ~VY.d-~
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j:J 3 . <s~k}~ iL4I"f' (~fL"~ 'ddL
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J- l{i &:/h1U4 ~ ? V~
J 1 J ']111111.4 /11/1 , e. Iud", uJ&!1
~/(" .J!t-(AlMY~ flAH: P~.g~7/6
163Av?~CbJ C.I/. 9/''1ltl
,13(, GlIO'~# 11",. (' .11. '1/1'/0
Ill, {... f~a "".- - (Lu---e.. C. 1/. ii,? IC>
/-,/'fJ;j...adUzl- hnJl-<. (Jj,A~'f)dt. 9/9/0
, J
/:;Jt/ ~/..I.A./--rljt-<.4 . @.V P~/d
/:26 '~!7< cL~ C(/ q/~/o
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i 0' [" C-u .I:ltl? A r{ C v 9)9/ c/
/D3 Gt.Jr.JA A1f C.JI 9/1fo
~ I - ..)l(>1-
N A M E
[/11 /I1CtJJN/ j{ <&/ tJ 11 c:;
t/)ILLIIlfr7 t: f'"IIZ tOftibL
E/'11.I1t;lflI1 4. /I/Z/J;:rft=:ri
, " J.t G 1/1)1 A O.s uly'lJ
<f- 1:3 ..E-L 0 IN l; p:z .sf
~I-fu LA V, .s7H lJ7'1 / Cj/910
. -
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Ke,.) ... ~''IM.~N 7~"--\)f(.)
.J11.J..v<l- M,"'..",a4 M';'",v
~,)"i:>.:J \-\f\T~co. ')
I
:;2 I -,9. <o~
ADD RES S
10' 6'tJ,4Y/I A-#' c..;/ 'i 1)/<>
.
116 ald,J/f /4lfF eV 91'7//j
11':,- G'v/lt/d r)t/",
CIl C;/C(/Q
1.~ 'i
<i-/:? ,c,,,,coer 5.
.
t'lV 919/[
7'/~ p.LoW CA!. ~-C/7L<..LA V/94'
(....!/~ FI()w~'^ sT. C U.
-4llFJcfWer ~\ CV,
'/-It? ~d- Afi. ev
4314 fY\~e\~\\f\ :5\, J c. \J,
I
l-\ ')L\ \'f\ IH' \L\\ f>, ~... ) c. . '\J,
I
'-ftf3 t1 f\R \~~ :::s:-
'-f.<f3. K f\\Rl""-,,V\ S\
rq ~g-
~1 ~ -of!e-
'131;- 'y;ld/U.~ 0.
IlL/- ~ ~ UL&L-Z~
/~6 ~ ttvt') {!. V
~ ) '0 ~ ~~ \+ fm::\'1 cOrJ~J
I N KE6~\:>S jO ---r:\-\'E '$ ~Kr IER f'Y)
~0S l~(;, ~O~. ::::L A('{\. A f{zf:JpER-"TJ
()\J iJer<.. I N c.J.h> U\ VI ~T1t A-Nb ~L ,q. LoT
~.:F -rPdB H-vwE f6EEJJ pl+l'b 'TO ~L.cJW
\j t> --n\-E Ai<EA; m~\wG. -rItE- M.E:A milcH
ffi..0R...E"" A'-nJUI.cT\VE..'""1"O u()~ (DERS VI S(TOJ 6, ANt)
\ u:;~'-'~ /l\€llII3e1L" r:'l
~~~ V!1.CVlulD \D \ de fl'<EA. cUtLbttJ(,
. (t t!,.o~ l,,:)c;, fl2.:tJ~ \N \ LL A--rrR.1"rCr fI1v<..l+ fY1..Df<.1C
r\"\iJ" ~,;)\'l\LC~\...-~\ ' .
, Y'l-Nl:r GAN<C Aert 111"1 ,~~\~ ~ 6R..ATFIT"'r\ .
1:= ~~=f\;:-R A5~~H:~
cw LA- v\ ~I'f\ .
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nO J: f'I'1
.-n
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5i!:I: - ITI
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01> ~ ITI
-n.ooC-:
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"
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rn ~ C"-,-)
C' I!. "1
r -
VI
;T
C C..>
~
00
July 3, 1993
TO THE MAYOR OF CHULA VISTA, JIM NADER
AND THE CITY COUNCIL
RECEIVED
NEIGHBORHOOD PETITION TO STOP THE CITY
OF CHULA VISTA FROM ALLOWING A "SHORT TERM
HOMELESS HOUSING FACILITY" AT 31 FOURTH AVE., CHULA VIetr!OF CHUli'., VISL:
CITY CLERK'S OFFICL
'93 J1. 13 A9 :05
We, the ci ti zens and neighbors of North Chula Vista are
vehemently opposed to allowing a homeless shelter to be
instituted at 31 Fourth Ave., by the South Bay Community Services
(SBCS) for the following reasons:
1. It is outrageously expensive. The cost for running this
"home" each year is $20,140 per bed or $1,007,000. (City Council
meeting of 3/23/93 notes, page 5.) There is alternate potential
and less expensive sites for this housing such as existing
apartment complexes; small motels; or bank owned properties.
There is absolutely no reason for the SBCS to purchase this
property for an estimated $720,000 and run it for $20,140 per
bed!
2. National City is contributing for this homeless shelter
with the understanding it will also serve homeless families
from National City. There is absolutely no need to "import"
problems from other neighborhoods. This shelter is proposing
to house 433 families per year. This is not permanent housing,
only temporary. Families can only stay 60 days. What then?
Will they move across to the adjacent Eucalyptus Park and start
up camps? There is ample evidence each day that homeless people
sleep at the park! We don't want our neighborhood to turn into
a homeless community. We like :it just: the way it is.
3. On June 23, 1993 the City Planning Commission held a public
hearing for the Conditional Use Permit (PCC-93-39) of this
proposed shel ter. Despi te the overwhelming opposition by the
community, the Commission voted to recommend to the City Council
to grant the Permit. The only people that spoke in favor of
granting the permit was SBCS! The general consensus was obvious
and the Commission went against the wishes of the people! We
do not want our property values to further decrease! They are
low enough with the lingering recession as it is.
4. Our Chula Vista police officers are overworked and
understaffed. They will not be able to handle the increase
in cr ime this shel ter wi 11 bring. On any given night you may
find only 4 police officers to patrol the second largest city
of the county including the Eastlakes community! There
are no guaranteed safeguards from violent spouses, boyfriends
or girlfriends, and any other problems this shelter will bring.
)- \ - ) loq
,
>
"1 ''":'
.u.
~-~:'
"'! ~'
..."
. ~d
WE HAVE GOT TO MAKE OUR VOICES HEARD! ALTHOUGH WE ARE
SENSITIVE TO THE PLIGHT OF THE HOMELESS, WE DO NOT WANT THIS
SHELTER IN OUR NEIGHBORHOOD! AS RESIDENTS OF CHULA VISTA WE
MUST PROTECT OUR CITI ZENS AND FIND THE BEST SOLUTIONS TO OUR
PROBLEMS AND UNFORTUNATELY THIS SHELTER IS NOT THE RIGHT
SOLUTION!
HONORABLE MAYOR AND CITY COUNCIL PLEASE LISTEN.
N A M E
/,
, 1_'1 .-,'-,..., I
'ti~ -'- L,- ' Aukl I_,A-
~- ,~.,-' /
~~ /.
/ ---.. ~<~ ~/"[, ,. /'f.cr;;"'__._--
7 " I .
C~k/H9 J:::e. (f! C'Y,-d../ L
~/ ~ eEl
, { 'L~/\
. >;;;;:4 .. C/~~~
n \~-
ADD RES S
/:;..,', {'J"9l''1 jL,-~ Cl'
/,) f C,;,/r:! ,/-1 /,/1//'; C' j/
.;:Jp g., /1// k' ""7/1/ II (!, V
,J" 6,1... AI ( x Cl N, PI a (/
#L( Cj iflJvn/ De/l}ldy (J, [/
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,;)l/;;70
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL
of the City of Chula Vista, California, for the purpose of considering an application for a
conditional use permit. The application, submitted by SOUTH BAY COMMUNITY SERVICES,
requests permission to establish a short term transitional housing project for homeless families
for up to 43 individuals and one resident manager to be located at 31 Fourth Avenue (APN
566-010-10) in the R-3 Zone. A plot plan and legal description are on file in the office of the
Planning Department.
Any petitions to be submitted to the City Council must be received by the City Clerk's office
no later than noon of the hearing date.
If you wish to challenge the City's action on this conditional use permit in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the City Council at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 13, 1993
at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which
time any person desiring to be heard may appear.
DATED:
June 23, 1993
CASE No. PCC-93-39
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NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Consider increase in sewer & storm drain fees: sewer rate increase to finance
CV's share of SD Metropolitan Sewerage System (Metro) upgrade for water
reclamation. Single family residential sewer rate anticipated to increase from
$0.00 to $2.23/mo. Multiple family, mobilehomes, low income &
commercial/residential to be raised by 70% of single rate. Storm drain fees
will not be increased.
Consider application for conditional use permit submitted by South Bay
Community Services to establish short term transitional housing project for
homeless families up to 43 individuals @ 31 Fourth Avenue.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July
13, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: June 30, 1993
Beverly A. Authelet
City Clerk
c1l - OJ-:r3
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA. CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL
of the City of Chula Vista, California, for the purpose of considering an application for a
conditional use permit. The application, submitted by SOUTH BAY COMMUNITY SERVICES,
requests permission to establish a short term transitional housing project for homeless families
for up to 43 individuals and one resident manager to be located at 31 Fourth Avenue (APN
566-010-10) in the R-3 Zone. A plot plan and legal description are on file in the office of the
Planning Department.
Any petitions to be submitted to the City Council must be received by the City Clerk's office
no later than noon of the hearing date.
If you wish to challenge the City's action on this conditional use permit in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the City Council at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 13, 1993
at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which
time any person desiring to be heard may appear.
DATED:
June 23, 1 993
CASE No.
PCC-93-39
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act
(ADA). requests individuals who may need special accommodation to access,
attend, and/or participate in a City meeting, activity, or service to contact the
City Clerk at (619) 691-5041 for specific information on existing resources or
programs that may be available for such accommodation. Please call at least
fony-eight hours in advance for meetings and five days in advance for
scheduled services and activities. California Relay Service is available for the
hearing impaired.
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CIIULA VISTA PL.-\\'!\'ING DEPARTMENT
(2) APPLICANT, SOUTIIIIA \ co'ml':\I"I"\ PROJECT DESCRIPTION
SERVICES ShOl'l term housing (up to 60 days) for homeless
ADDRESS JI FOlIHII ,\\'E.'n: families fol' up to 50 people (Public/QulIsi use.
SCALE . FILE NUMBER Hrquil'rs City Council appro\'lIl)
... NORTH I" = 400' PCC -93 - 39
;Ll- ~-::r5
Kathryn Lembo
Executive Director
South Bay Community Services
315 Fourth Avenue
Chula Vista, CA 91910
Mary Nicolas
17 Fourth Ave., #A
Chula Vista, CA 91910
Pam Smith
380 Third Ave.
Chula Vista, CA 91910
Len Walton
3123 Casa Bonita Drive
Bonita, CA 91902
Ruth Piazzoni
135 Fourth Ave. #5
Chula Vista, CA 91910
Rick Alcorta
47 Fourth Ave., #L
Chula Vista, CA 91910
Emerald Randolph
2856 Echo Valley Rd.
Jamul, CA
Steven Norton
129 Guava Ave.
Chula Vista, CA 91910
Tammy Franklin
174 Tremont
Chula Vista, CA 91911
George Trevino
512 Casselman
Chula Vista, CA 91910
Dan Marcus
315 Fourth Ave.
Chula Vista, CA 91910
Anne Wilson
450 B Street, Ste 1010
San Diego, CA 92014
Violeta Ochoa
207 Sandstone St.
Chula Vista, CA 91911
Brad Wilson
626 Arthur Ave.
Chula Vista, CA 91910
Cheryl Cox
647 Windsor Circle
Chula Vista, CA 91910
Carmen Martinez
1225 Broadway
Chula Vista, CA 91911
Paul Robinson
600 W. Broadway
San Diego, CA 92010
Allen L. King
601 Myra Avenue
Chula Vista, CA 91910
Robert Frazer
321 "D" St.
Chula Vista, CA 91910
Terry W. Keith
67 Fourth Ave. #H
Chula Vista, CA 91910
Marcella Gomez
135 Guava Ave.
Chula Vista, CA 91910
Barbara Phillips
Chula Vista Mobilehome Court
8 Via Nomentana
Chula Vista, CA 91910
Martino Mazon
31 Fourth Ave.
Chula Vista, CA 91910
Randy Pogue
115 Landis Ave.
Chula Vista, CA 91910
Dan Dennison
659 Jefferson Ave.
Chula Vista, CA 91910
Michael Ochoa
207 Sandstone
Chula Vista, CA 91910
Lydia Mojean
329 Topaz Ct.
Chula Vista, CA 901911
Jonathan Barber
778 Elder Ave.
Chula Vista, CA 91911
Mario Herrera
436 Colorado St., Apt. C
Chula Vista, CA 91910
d- I -;). t-LP
Paul Perez
307 Orange Ave.
Chula Vista, CA 91911
Hector Morales
4335 Hilltop Dr., Apt. I
Chula Vista, CA 91911
Anthony A. Ramirez
2035 Oceanview Blvd.
San Diego, CA
Keith Diffenderffer
321 C St.
Chula Vista, CA 91910
Laurie Schmidt
1148 Third Ave., Sp. 115
Chula Vista, CA 91911
Martha Limon
485 Emerson St.
Chula Vista, CA 91911
Teresa Limon
485 Emerson St.
Chula Vista, CA 91911
Maple Henyan
1260 Second Ave.
Chula Vista, CA 91911
Pauline H. Channell
1458 Max Ave.
Chula Vista, CA 91911
Annie H. Matheny
1261 Second Ave.
Chula Vista, CA 91911
Norman Knight
1773 Broadway
Chula Vista, CA 91911
Oshyrsol Salazar
1459 Sequena St.
San Ysidro, CA
John Iciak
1193 Third Ave.
Chula Vista, CA 91911
Frances R. Finnerty
139 Fourth Ave., #7
Chula Vista, CA 91910
Sandrina L. Tarasuck
149 Fourth Ave., #16
Chula Vista, CA 91910
Pat Lynn
149 Fourth Ave., #18
Chula Vista, CA 91910
J. C.lEmestine Presson
145 Fourth Ave., #11
Chula Vista, CA 91910
Nadion Rice
149 Fourth Ave., #21
Chula Vista, CA 91910
Berenice Davis
149 Fourth Ave., #15
Chula Vista, CA 91910
Vivian Savonence
149 Fourth Ave., #22
Chula Vista, CA 91910
Evelyn Miller
139 Fourth Ave., #8
Chula Vista, CA 91910
Penelope Lhrous
139 Fourth Ave., #3
Chula Vista, CA 91910
John/Cynthia McBride
143 Fourth Ave., #25
Chula Vista, CA 91910
Robert/Frances Prozon
304 Kimball Terrace
Chula Vista, CA 91910
Roy/Atsuko Chumbley
89 Glover Ct.
Chula Vista, CA 91910
Loyd/Celia Moody
83 Glover Ct.
Chula Vista, CA 91910
Catalina A. V osella
59 Glover Ct.
Chula Vista, CA 91910
Doug/Helen Sloan
62 Glover Ct.
Chula Vista, CA 91910
Penny Bushnell
70 Glover Ct.
Chula Vista, CA 91910
Sara N. Russell
92 Glover Ct.
Chula Vista, CA 91910
_:n - (1-" 1-
Janet Jenks
232 S. Mt. View Drive
Chula Vista, CA 91910
Sylvia Amesta
330 "D" St.
Chula Vista, CA 91910
Michael McColeman
345 Kimball Terrace
Chula Vista, CA 91910
Mr. & Mrs. H. L. Montgomery
345 Kimball Terrace
Chula Vista, CA 91910
Dr. Joseph/Laura Fields
344 Kimball Terrace
Chula Vista, CA 91910
Carolyn Finn
336 Kimball Terrace
Chula Vista, CA 91910
Juanita Lopez
332 Kimball Terrace
Chula Vista, CA 91910
Charles Sawyer
328 Kimball Terrace
Chula Vista, CA 91910
Marian Norton
321 Kimball Terrace
Chula Vista, CA 91910
Esther V. Young
315 Kimball Terrace
Chula Vista, CA 91910
Mary E. Powell
318 Kimball Terrace
Chula Vista, CA 91910
Eleanor H. Akem
75 Third Ave., Unit 32
Chula Vista, CA 91910
Loretta Broemling
335 Kimball Terrace
Chula Vista, CA 91910
Ronald/Patricia Hillsberg
312 Kimball Terrace
Chula Vista, CA 91910
Marvel Lankford
384 Minot Ave.
Chula Vista, CA 91910
Geraldine Treped
328 First Ave.
Chula Vista, CA 91910
Lee Tainsh
141 E. Oleander, Apt. D
Chula Vista, CA 91911
Claire Hurley
340 "D" Street
Chula Vista, CA 91910
John Harbison
329 "D" Street
Chula Vista, CA 91910
Stephen J. Cameron
311 "D" Street
Chula Vista, CA 91910
Marvin Lindahl
75 Ave., #9
Chula Vista, CA 91910
Harland/Esther Van Ness
75 Third Ave., #16
Chula Vista, CA 91910
Dorothy M. Wilson
75 Third Ave., #20
Chula Vista, CA 91910
Emily Myers
75 Third Ave., #10
Chula Vista, CA 91910
Eugene Posey
75 Third Ave., #17
Chula Vista, CA 91910
Resident
25 Third Ave., #12
Chula Vista, CA 91910
June Weller
75 Third Ave., #21
Chula Vista, CA 91910
Isuseyuki Kawnsaki
75 Third Ave., #25
Chula Vista, CA 91910
Sam Kenja
652 Sea Vale St., #B6
Chula Vista, CA 91910
L. Drewith
350 Third Ave.
Chula Vista, CA 91910
2\ -078
Pam Clamser
424 Oaklawn
Chula Vista, CA 91910
M. A. Fox
225 Palomar
Chula Vista, CA 91911
Robert Campo
1548 Melrose Ave.
Chula Vista, CA 91911
Maria Martinez
333 Broadway
Chula Vista, CA 91910
Jannette S. Hartman
333 Broadway
Chula Vista, CA 91910
Resident
584 Madison Ave.
Chula Vista, CA 91910
Helen M. Poke
317 "D" Street
Chula Vista, CA 91910
Irene Hazard
800 Vista Way
Chula Vista, CA 91911
Letha Slinkers
374 "G" Street
Chula Vista, CA 91910
Wilma Kersey
1925 Otay Lakes Rd., #89
Chula Vista, CA 91913
Patricia Meyer Dellarmo
285 Moss St., #66
Chula Vista, CA 91911
Mary Bishop
60 E. Whitney
Chula Vista, CA 91910
June Brines
385 Palomar Dr.
Chula Vista, CA 91911
Barbara Morris
770 Mission Ave.
Chula Vista, CA 91910
Rose Mary Young
719 Fourth Ave.
Chula Vista, CA 91910
Alice Maroun
272-F Del Mar
Chula Vista, CA 91910
Janette Chandler
179 Whitney St.
Chula Vista, Ca 91910
Anne Wheeler
615 Brightwood Ave.
Chula Vista, CA 91910
Dorothy Ramm
640 Floyd Ave.
Chula Vista, CA 91910
Naomi Overstreet
151 Fourth Ave., #A
Chula Vista, CA 91910
Madeline Richardson
151 Fourth Ave., #B
Chula Vista, CA 91910
Renee Fleming
158A Glover Sve.
Chula Vista, CA 91910
Mildred Plummer
162A Glover Ave.
Chula Vista, CA 91910
M/M Show
162B Glover Ave.
Chula Vista, CA 91910
Mary C. O'Donnell
161-D Fourth Ave.
Chula Vista, CA 91910
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June 15, 1993
RECEIVED
'93 JIl18 1\8:S0
CITY OF CHULA VISTA
CITY CLERK'S OFFICE
Honorable Mayor Tim Nader and Councilmembers
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
Dear Honorable Mayor Tim Nader and Councilmembers:
At the last meeting of the Housing Advisory Committee, the committee members were very
pleased to hear that City Council unanimously approved the formation of the Chula Vista
Housing Authority. The committee feels that this action is a very important step which will help
to increase housing opportunities for Chula Vista residents.
In addition, the committee voted to request that City Council negotiate for at least 200 existing
rental assistance certificates currently being administered by the San Diego County Housing
Authority in order to help accelerate the immediate operation and staffing of the Chula Vista
Housing Authority.
Joe asillas,
Chairman, Housing Advisory Committee
JC/JA:ag
[AG\A:\HACMAYORLTRI
DISK #7
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COUNCIL AGENOA STATEMENT
TITLE:
fl.
Item cl3
Meeting Oate 7/13/93
REPORT Update on the Solid Waste Participation Agreement
and Alternative Disposal Options
RESOLUTION 17/~~pprOVing Agreement (As Amended) By, Between
and Among the County of San Diego and the Cities of the County
Establishing an Interim Solid Waste Commission and Providing
for the Disposal of Sol id Waste, and Committing 50% of the
City's Wastestream to the County
[J.
SUBMITTED BY:
City Managef
(4/5ths Vote: Yes___ No~)
Council Referral No. 2781
At the 6/22/93 meeting, the City Council held a lengthy discussion dn the
proposed Solid Waste Participation Agreement, eventually taking action to offer
to participate on the Interim Commission but not to commit any waste flow at this
time until specific issues have been addressed. Council identified six specific
issues of concern to be addressed and approved a seventh concern to be negotiated
as a provision in the proposed Agreement. The deadl ine for action on that
Agreement was 6/22/93.
At the first meeting of the newly formed Interim Commission on 6/30/93, the
Commission voted unanimously to recommend an amendment to the Interim Agreement.
The amendment extends an opportunity to non-member cities which did not sign the
Agreement, or which signed the Agreement with conditions precluding membership,
to join the Interim Commission by signing on or before 7/23/93.
5 ince Counc i 1 act ion on 6/22/93 did "not adopt the reso 1 ut ion approv i ng the
Agreement, both the Interim Agreement and the amendment extending the deadline
(Attachments 1 and->l'2) are being brought back at this time for Council
recons i derat i on. The report a 1 so i nc 1 udes any updated i nformat i on regard i ng
alternative disposal options, primarily additional information received at a
workshop held on 7/1/93 by the North County Solid Waste Management Agency.
RECOMMENOATION:
Accept the report, hold relevant discussion and continue the
item to the Council meeting of 7/20/93.
BOARD/COMMISSION RECOMMENDATION:
DISCUSSION:
Not applicable.
Status of the Participation Aqreements and the Interim Commission
As Council may be aware, the Interim Commission's initial members consisted of
the County and the Cities of Lemon Grove, National City and La Mesa. At the
Commission's first meeting on 6/30/93, additional member agencies were seated:
the Cities of Coronado, San Marcos, Poway and Solana Beach. There was
significant discussion among Commission members and other cities regarding
specific concerns and issues registered by the cities during the Agreement review
process.
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Page 2, Item
Meeting Date
.j73
7/13/93
Chula Vista's specific concerns were presented at the Commission meeting by Mayor
Nader, and Councilmember Moore and City staff were also in attendance. At the
conclusion of the meeting, there was a unanimous vote of the Commission that all
of the cities' concerns/conditions (Attachment 3) will be placed on the
Commission's next agenda to be addressed.
The Commission also approved a recommendation to the Board of Supervisors and
their respective City Councils that would extend the deadline for signing the
Agreement to 7/23/93. All Commission members expressed their interest in being
joined at the next meeting on 7/28/93 by any or all remaining cities.
The decision point for membership was clearly articulated as being a willingness
to approve the existing Agreement (as modified only by the extension of the
deadline) and committing at least 50% of a city's waste flow. Cities were
assured by a mot ion of the Commi ss ion that a 11 expressed concerns/cond it ions wi 11
be addressed by the Commission, however, a city must be willing to make an
unconditional commitment in order to be invited to the table.
It is noted that some cities made unconditional commitments of their intent to
come to the table, but also emphasized their concerns by adopting resolutions
expressing the "understanding" that certain key decisions would not be made by
the Board of Supervisors without a majority opinion of the Interim Commission.
North County Workshop on Alternative Disposal Procurement
Council was informed at the 6/22/93 meeting that the North County Solid Waste
Management Agency (the "J.P.A." Cities of Carlsbad, Escondido and Oceanside)
scheduled a workshop on 7/1/93 to which all cities were especially invited. The
purpose of the workshop was a presentation by the consultant (Harvey Gershman of
GBB) hired by the Agency to carry out an RFP process for procurement of
alternative waste disposal options.
Council had expressed an interest in the information from this workshop since an
important agenda i tern was the consu 1 tant' s status report on the research
regarding alternatives to the County system.
City staff was present at the workshop. Attached to an Information Report dated
7/6/93, Council received a copy of the outline of the consultant's presentation
along with a supplemental page of notes (prepared by City staff), taken from the
discussion or public testimony. Although more detailed staff notes were included
with the Information Report, this report wi 11 again reference and highl ight those
parts of the workshop critically important to the Council's decision.
Regarding information on the alternatives, most new data was on the Orange County
RFP schedule and an update on the Campo situation provided by a representative
of Mid-American Waste, the landfill owner-operator. Both opportunities, as
destinations, might be available by 1/1/94 although the process for reaching the
destinations still has the same hurdles previously described: award of the
Orange County RFP to the low bidder(s); repeal of Orange County's ordinance
prohibiting the import of waste; and transfer station capabilities needed for any
~J/?~.2,
Page 3, Item
Meeting Date
.:13
7/13/93
destination outside the County system.
There was no substantively new cost data on disposal options uncovered by GBB,
although the upcoming procurement process will bring out more definitive
information. However, the workshop was extremely helpful in giving valuable
background information to cities which had not previously actively pursued
options.
For example, the consultant stressed that the Agency (or the City) did not
currently have either facilities or administrative infrastructure in place to
support its own waste disposal system. Because of the start-up time and expense,
it is worthwhile making sure that the Agency has carefully examined all other
possible options or strategies for changing the existing infrastructure before
venturing outside.
Additionally, critical concerns to be addressed when embarking on such a course
include:
1) Ensure adequate planning (time, reliable information, etc.) for both
interim and long-term options.
2) It is necessary to plan for a system, rather than just looking for a
landfill to place waste.
3) A key factor in correctly prlclng, sizing and optimizing resources is
understanding the amount and expected duration of the current and
projected waste flow from the Agency members or any prospective new
members.
Finally, in response to the Agency's discussion about encouraging the
County/Commission to respond to the RFP, the consultant indicated that, if the
County were inclined to respond, they could possibly be the lowest cost
alternative, aiven everythina else that has to happen to make other alternatives
operational. The meeting concluded with the Agency's decision of continuing to
pursue a relationship with the new Interim Commission simultaneously with sending
out the RFP for procurement of an alternative (short-term and long-term) system.
Specifically, the Agency will propose language amendments to the Participation
Agreement and distribute the proposed language for support among the currently
non-signatory cities. The amended language will basically represent the
conditions previously imposed by Carlsbad and Escondido. The specific proposal
should be received by the City around 7/15/93. It is felt by the Agency that
non-signatory cities represent a significant amount of tonnage, i.e. around
446,000 tons at the 50% level, which could be used as leverage with the Interim
Commission. The proposed Agreement wi 11 be presented at the next Commission
meeting on 7/28/93.
.J.JA'J
Page 4, Item
Meeting Date
/j
7/13/93
Tip Fees and Surcharqes
Council was informed by an Information Report dated 6/30/93 that the Board of
Supervisors took action on 6/29/93 to amend the County Resolution setting fees
at the landfills. At this time, the tip fee was set at $43 per ton effective
7/1/93. A surcharge was approved to be effective 8/1/93 for all non-signatory
cities, bringing the total tip fee to $62 per ton for those cities. The Board
also indicated that future amendments to the Tip Fee Resolution will rely on
advice from the Interim Commission.
As previously noted regarding the actions of the Interim Commission, the
extens i on of the dead 1 i ne for sign i ng the Agreement (7/23/93) and the next
Commission meeting (7/28/93) have been specifically set to allow non-signatory
cities to reconsider their actions prior to the implementation of the surcharge.
It is also noted, and reported to Council in the Information Report, that Chula
Vista's City Attorney has voiced the same concerns about the legality of the
surcharge as have been expressed by Dwight Worden, Special Counsel to the City
of Carlsbad.
FISCAL IMPACT: As previously reported, the fiscal impact of this decision will
fall directly on the rate payer. The following illustration of the fiscal impact
to the rate payer is based only on the current tip fees (effective 7/1/93) and
the surcharge (effective 8/1/93). It does not represent the impact of any
increase that may be recommended by the Interim Commission in the near future as
a result of an inability or lack of desire to issue bonds.
CURRENT FEES
SIGNATORY CITY
NON-SIGNATORY CITY
$43 TIP FEE
$43 TI P FEE
$62 TI P FEE
$14.26/MO. (EST.)*
$14.26/MO. (EST.)
$16.77/MO. (EST.)
*Estimates based only on projected increase in landfill component and do
not reflect increases for hauler's operational costs, new programs, etc.
It is also noted that. as of 7/1/93. the hauler's rates have not vet been
increased to reflect the tip fee increase from $28/ton to $43/ton. :Until
those rates are ad iusted. the actua 1 rate charqed to a homeowner is
$12.28/mo.
023/1.. 'f
Attachment 1
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 1
AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO
AND THE CITIES OF THE COUNTY
ESTABLISHING AN INTERIM SOLID WASTE COMMISSION
AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE
("INTERIM AGREEMENT")
This Agreement ("INTERIM AGREEMENT"), is entered into by,
between.and among the County of San Diego ("COUNTY") and i$~1f1iifh
cities within the COUNTY, for the purpose of providing a commItted
flow of solid waste that serves as a basis for the COUNTY to issue
bonds to finance the expansion and/or closure of the San Marcos
Landfill and to provide financing for other necessary solid waste
~~:~~~&ii~~t~~~~rll~~~\~~~~~~~~~~~~l~li,\~I[lr_f;iJ!p~~
pro"ide a pi6cess, .. ... :f6iiipt6twelveiii6riths;b}iwhichthepart i es
can mutually participate in dealing with regional solid waste
matters; and to develop a permanent governance authority to deal
with regional solid waste matters that will promote the long term
health and safety of the residents of the COUNTY and the cities.
Now, therefore, the undersigned COUNTY and Cities (collectively,
"Member Agencies") agree to participate in good faith in the
performance of this INTERIM AGREEMENT, and to act in a manner that
conforms to the spirit, intent and general premises of this INTERIM
AGREEMENT, and in accordance with the following:
1.0 MEMBERSHIP
1.1 COUNTY Membership. To be a. signatory of this INTERIM
AGREEMENT and participate as a full member of the Interim
Commission, the COUNTY is committing 100% of its Acceptable Waste
flow in accordance with the provisions of Part 3 of this document.
1.2 city Membership. To be a signatory of this INTERIM AGREEMENT
and participate as a full member of the Interim Commission, each
city is committing at least 50%, and may commit up to 100%, of its
Acceptable Waste flow in accordance with the provisions of Part 3
of this document.
a. A member city committing at least 50% of its Acceptable
Waste flow at the time of signing this document may, until December
1, 1993, deliver more than its committed Acceptable Waste to a
COUNTY facility and such additional waste shall not be subject to
the Economic Risk Surcharge set forth in this document at Part 3,
section 3.6, subsection d.
1
.2:J rt:5'
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 2
b. On or before !t",!i\.ii!4:'y;l.il~94, a member city !!lay file a
written addendum, in a form accepfiible to the Interim Commission,
committing Acceptable Waste in addition to that committed in
Section 1.2 (a) to the Interim Commission; on the terms set forth
in section 3.10.
1.3 city of San Dieero MembershiD. Based on the City of San
Diego's unique role in regional waste management issues, the city
of San Diego may participate as an ex-officio non-voting member of
the Interim commission. The COUNTY will negotiate a separate
agreement with the City of San Diego which reflects the City of San
Diego's unique role in regional waste management issues. Such
agreement will be brought before the Commission for review and
comment prior to adoption.
2.0 EFFECTIVE DATE, TERM
2.1 Effective Date. This INTERIM AGREEMENT shall take effect on
June 22, 1993, by.. between. and ..alliorig'theCO'ON'i'ya:rida:nyo~the
cities listed on Attachment A as have executed t.nis,c:ioc~eritonor
before that date.
2.2 Term. Except as otherwise provided in Part 3 of this INTERIM
AGREEMENT concerning the commitment and disposal of Acceptable
Waste, the term of the INTERIM AGREEMENT shall expire on May 31,
1994, unless sooner terminated by creation of a permanent
governance entity pursuant to Section 4.5(c).
3.0 COMMITMENT OF SOLID WASTE FLOW
AND DISPOSAL OBLIGATION
3.1 Title. This Part of the INTERIM AGREEMENT shall be known as
the "Flow Control Covenant."
3.2 Commitment of Acceptable Waste. To the extent allowed by law,
each Member Agency agrees that the portion of its Acceptable Waste
designated in the execution section of this document shall be
delivered to the facility that the COUNTY reasonably designates.
For purposes of this agreement, a 50% commitment constitutes the
tonnage commitment for the respective cities as. set forth in
Exhibit "A", until adjusted by the Interim Commission. The Interim
commission may review the tonnage commitment and revise the
apportionment.
2
.23/1 ,t,
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 3
3.3 Acceptable Waste Defined.
a. "Acceptable Waste". is garbage, refuse, waste and other
matter which is legally acceptable at a Class III landfill pursuant
to California Code of Regulations Title 23, Subchapter 15 or under
such laws or regulations as are in effect at the time of disposal
which is generated within its respective jurisdiction which, for
the COUNTY, consists of the unincorporated area. Except: waste
generated by a State or Federal governmental entity unless the
Member Agency has exercised control over such waste and chooses to
commit it; or waste generated by any person and tra~sported or
disposed of by or on behalf of a self hauler hauling less than 50
tons per month.
b. Each Member Agency shall have the right, without penalty,
to recycle (as defined at Public Resource Code S 40180) any solid
waste (as defined at Public Resources Code S 40191) by any means
selected by the Member Agency and any such recycled material shall
be excluded from the commitment otherwise made to the COUNTY by
this Flow Control Covenant. However, if the residue of the
recycling process which can legally be disposed of at a Class III
landfill exceeds five percent (5%) of such recycled material, such
process residue shall be returned to the System for disposal unless
exempted by the COUNTY.
3.4 Enforcement of Flow Control. To the extent allowable by law,
each Member Agency shall establish, implement and carry out a waste
flow enforcement program which is sufficient to assure compliance
with the Flow Control Covenant. This program may include to the
extent necessary and appropriate in the circumstances, but shall
not be limited to, (1) licensing, permitting or franchising
haulers (on an exclusive or nonexclusive basis), upon the condition
of compliance with the Flow Control Covenant, (2) adopting
ordinances or resolutions requiring compliance with the Flow
Control Covenant, and (3) taking enforcement actions under any
such license, permit, franchise, ordinance or resolution. Direct
municipal collection of Acceptable Waste shall not be required
hereunder unless all other available means and methods of enforcing
the Flow Control Covenant have been unsuccessful. If any event or
circumstance (including without limitation a change or adverse
interpretation of applicable law) impairs or precludes compliance
with the Flow Control Covenant by the means or methods then being
employed by the affected party, such party shall implement
alternative or substitute means and methods to enable it to
lawfully satisfy the terms and conditions of the Flow Control
Covenant. If a change or interpretation in applicable law impairs
or precludes either party from complying with the Flow Control
3
.2.3~ ''1
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 4
Covenant by any means, such party shall use its best efforts, to
the extent practicable and subject to indemnification by the
COUNTY, to effectuate executive, legislative or judicial change in
or relief from the applicability of such law so as to enable City
lawfully to resume compliance with the Flow Control Covenant as
soon as possible following such change or interpretation of
applicable law. Compliance by the affected party with its
obligations under this paragraph shall be deemed sufficient to
satisfy the its obligation to enforce the Flow Control Covenant.
a. Power to Exercise Flow Control.
Each Member Agency represents that it has the right,
power and authority under existing applicable law to enter into,
comply with, implement and enforce the Flow Control Covenant. Each
party shall use good faith and best efforts to preserve, protect
and defend its right and power to enter into, comply with,
implement . and enforce the Flow Control Covenant in accordance
herewith against any challenge thereto, legal or otherwise
(including any lawsuits by or against such party, whether as
plaintiff or defendant) by any person based upon breach of
contract, violation of law or any other theory.
b. consistency of Aareements.
As soon as practicable after the Effective Date, all
licenses, permits, contracts, agreements, leases, franchises,
ordinances and resolutions of the affected party which are lawfully
in effect with or pertaining to any person relating to or affecting
Acceptable Waste shall, if and to the extent necessary, be amended
to provide explicitly that the affected party shall have the right
without material restriction to direct the delivery of the
committed Acceptable Waste in accordance with the Flow Control
Covenant. On and after the Effective Date, the affected party
shall not enter into, issue or adopt any license, permit, contract,
agreement, lease, franchise, ordinance or resolution which is
materially inconsistent with the Flow Control Covenant.
3.5 COUNTY's DisDosal Obliaation. In a manner that is economical,
fiscally sound and reasonably protects the environment, the COUNTY
agrees to dispose of the Acceptable Waste directed by Member
Agencies to the COUNTY under this Flow Control Covenant.
4
r:J:J/1 .... Y
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 5
3.6 DisDosal Charaes. The COUNTY may only charge a Memper Agency
for the disposition of Acceptable Waste by imposing a fee in an
amount that does not exceed the COUNTY's cost for providing such
disposal. All revenue, including interest earned thereon, from
disposal charges shall be placed in the Solid Waste Enterprise Fund
used only for solid waste purposes.
a. TiD Fee to Member Aaencv. The Tip Fee charged by the
COUNTY for the disposal of Acceptable Waste within the System shall
be sufficient to fund the reasonable and necessary costs for
operation, management and financing of the System, including:
solid waste facility closure and post closure costs, solid waste
facility and mitigation fees. For the disposal of Acceptable Waste
the COUNTY shall charge all sources in the unincorporated area, and
shall charge a Tip Fee for waste delivered from a Member Agency.
(1) Solid Waste Faci1itv Fee.
(a) To the extent allowed by law, the COUNTY shall
charge a Facility Fee for waste delivered for
processing or disposal to a system facility. The
COUNTY shall pay-over the collected Facility Fee to
the ci ty or COUNTY in the case of the
unincorporated area in whose jurisdiction the
facility is located to compensate the hosting
member for the reoccurring impacts of having the
facility within its jurisdiction. The Facility Fee
shall initially be set at an amount equivalent to
the appropriate percentage for the facility type
(as described below), as that percentage of the Tip
Fee in effect on January 1, 1993. Thereafter, the
Facility Fee shall be adjusted automatically and
concurrently with any increase in the Tip Fee, by
an amount equal to the percentage increase in the
Tip Fee but not greater than five percent (5%) of
the then current Facility Fee, whichever is less.
(b) Facility types and percentage Of the Tip
Fee* (In effect on January 1, 1993):
o Landfill = 10% of Tip Fee ($2.80)
o Mixed Solid Waste Material Recovery Facility
= 7.5% of Tip Fee ($2.10)
o Transfer Station = 5% of Tip Fee ($1.40)
*For the
section,
Facility
purpose of the calculation in this
the Tip Fee does not include the
Fee or the Mitigation Fee.
5
.2.:1/1 "
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 6
(c) If a jurisdiction has more than. one
Facility at .the same location, or contiquous
location, it would receive the higher of the
applicable Facility Fees, but not more than
one Facility Fee.
(d) The Facility Fee for all future
facilities shall be the Facility Fee for that
type facility as of January 1, 1993 with
adjustments as described in subsection (1),
above.
. 2. Mitiaation Fee.
(a) To the extent allowed by law and commencing
July 1, 1993, the COUNTY shall impose a Mitigation
Fee for waste delivered to a system facility. The
Mitigation Fee shall be in an amount that is five
percent (5%) of the Tip Fee in effect on January 1,
1993. Thereafter, the Mitigation Fee shall be
adjusted automatically and concurrently with any
increase in the Tip Fee, by an amount equal to the
percentage increase in the Tip Fee or an amount not
greater than five percent (5%) of the then current
Mitigation Fee, whichever is less.
(b) Mitigation Fee funds shall only be used for
specific projects that correct a documented impact
arising from a system facility. Any City or the
COUNTY for the unincorporated area may apply to the
COUNTY for a share of the Mitigation Fee funds.
Mitigation Fee funds shall not be used for a
mitigation measure which is required for compliance
with the California Environmental Quality Act or
any other regulatory process. Moreover, any Member
Agency which is receiving a Facility Fee for a
particular facility will not be eligible to receive
Mitigation Fee funds for that same facility.
b. Economic Risk Surcharae.
(1) To the extent allowed by law, in order to offset any
increased costs to the system and account for any
economic risks created by non-committed waste being
deposited into the system, COUNTY may impose an Economic
Risk Surcharge for the disposal of Acceptable Waste from
a non-signatory source or from a Member Agency in excess
of the portion of Acceptable Waste committed under the
Flow Control Covenant.
6 .<:l/i ~/tJ
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 7.
(2) From ~9tY 1, 1993 to gy 1, 1994 the" surcharge
shall not exceed fifty percehf"(SO%) of" the Tip Fee in
effect at the time of the transaction, excluding the
Solid Waste Facility Fee and the Mitigation Fee, if any.
The criteria used to establish the Economic Risk
Surcharge include but are not limited to: capital
charges, the increased depletion rate of landfill
capacity and timing effects. Economic Risk Surcharge
funds shall only be used to pay for the costs of the
operation, management and financing of the disposal
system.
3.7 Protection of Flow Control Covenant. If any challenge raises
issues common to the Member Agencies under this Flow Control
Covenant, the COUNTY through the Solid Waste Enterprise Fund shall
indemnify and hold harmless the affected party from the reasonable
costs, fees and expenses properly allocable to defending such right
and power.
3.8 Exoiration and Reversion of Flow Control Covenant.
a. Exoiration. This Flow Control Covenant shall expire on
the first of any of the following to occur:
(1) No Bond Issue. As to all members, on May 31, 1994,
unless the COUNTY first relies on the Flow Control
Covenant in issuing bonds to finance the San Marcos
facility expansion and/or closure and to provide
financing for other solid waste projects in the
approximate amount of $60 to $100 million;
(2) Exoiration of Term of Bond. As to all members, if
the COUNTY timely issues the bonds described above, the
Flow Control Covenant shall expire upon the expiration of
the term of such bonds or upon the refinancing of such
bonds, but in no event later than 20 years from the date
of the original bond issuance.
(3) Imorooer Charqe. As to affected members, if the
COUNTY imposes on a Member Agency a fee that is not
consistent with this Flow Control Covenant and after 60
days written notice from the Interim Commission, COUNTY
fails to adjust the fee so as to be in compliance with
this Flow Control Covenant and fails to refund or grant
a credit for any over-charges;
7
c2.1/?..//
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 8
(4) Failure To DisDose. As to affected members, if the
COUNTY is unable to dispose of all of the committed
Acceptable Waste from the member and after 60 days
written notice from the Interim commission county fails
to dispose of such waste; or
(5) Leqal ImDossibilitv. As to affected members, if the
law precludes a member from directing the flow of
Acceptable Waste to the COUNTY.
b. Reversion.
(1) To Member.
Covenant to the
shall revert to
Upon expiration of the Flow
COUNTY, the member's commitment
the committing member;
Control
of flow
(2) To Interim commission. In the event that a
permanent governance entity is not established pursuant
to section 4.5 (c) any flow committed to the Interim
commission shall be retained by the Commission, as
allowed by law, otherwise to the Member Agency.
(3) To Permanent Enti tv. If a permanent governance
entity acceptable to the Interim Commission is
established pursuant to Section 4.5 (c), the member's
commitment of flow shall be assigned to that permanent
entity on the terms specified in the document creating
the permanent entity.
3.9 continuation of Interim Commission. Notwithstanding Section
2.2 hereof, the Interim commission established in Part 4 shall
continue to exist so long as is necessary to accomplish the
purposes of Part 3.
3.10 Flow Commitment to Interim commission.
Interim commission shall be subject to the
the Member Agencies:
Flow commitment to the
following covenants of
a. The commitment shall be for the same term of the initial
commitment made to the COUNTY.
b. The COUNTY shall dispose of the commitment to the Interim
Commission without surcharge until May 31, 1994.
c. In the event that a permanent governance entity is
established pursuant to section 4.5(C), the flow committed to the
Interim commission shall be assigned to that entity. In the event
that such an entity is not established, the Interim Commission
shall retain the commitment.
8
~:3/)'/~
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 9
3.11 Allecration of Breach. In the event that a Meml:!er Agency
alleges that another Member Agency has breached any part of this
Part 3 or Section 4.6 the dispute shall be submitted to the Interim
Commission; the determination of the Interim Commission shall
constitute a rebuttable presumption of compliance with or breach of
such part or section.
4.0 ESTABLISHHENT OF Interim Commission
4.1 Establishment. There is hereby established the Interim
commission to accomplish the purposes set forth herein;
4.2 ComDosition. The Interim Commission shall consist of one
commiss10ner from the County of San Diego who shall be a
Supervisor; one commissioner from each member city who shall be a
mayor or councilperson: and one ex-officio commissioner from the
City of San Diego who shall be a mayor or councilperson.
Commissioners shall be appointed by their respective governing
bodies which may also appoint an alternate commissioner.
4.3 Procedures. The Interim Commission shall be subject to the
Ralph M. Brown Act (Gov. Code SS 54950 et ~) and shall adopt
regulations to govern its internal operation.
a. A Chairperson and Vice-Chairperson shall be chosen by the
Interim Commission.
b. The Commission shall meet at least once each month on the
Commission's established regular meeting date.
c. Special meetings may be called at the request of three
commissioners with a minimum of 72 hours notice to all members
of the Interim commission.
d. A majority of the commissioners shall constitute a
quorum.
e. Actions shall be determined by a majority vote of the
commissioners, based on one vote per Member Agency. The
Interim Commission may amend this document to establish
procedures for a "Weighted Vote."
4.4 Staff for Interim Commission. The COUNTY agrees to provide
such County administrative staff as requested by the Interim
Commission. The Interim Commission may request assistance from the
staffs of the members.
9
,;J:J/I "I :J
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 10
4.5 Role of Interim Commission.
a. Advice. The Interim Commission shall provide advice to
the Board of Supervisors of the COUNTY on the following matters
that concern solid waste facilities, operation, rates and
financing: capital projects 1n excess of $50,000, disposal
alternatives if the San Marcos site is closed, other disposal
options, outside-county disposal, intra-county transfer of solid
waste and Tip Fees.
b. Notice and ODDortunitv to Advise. Before considering a
solid waste matter listed in Section 4.5 (al, the COUNTY will
provide to the Interim Commission a full staff report on each solid
waste matter to be addressed by the COUNTY's Board of Supervisors;
in sufficient time for the Interim Commission to consider the
matter on the agenda of the Interim Commission's regular meeting.
The COUNTY is not required to comply with this process when an
emergency condition must be addressed and there is insufficient
time for compliance. In the event of such emergency, the COUNTY
shall provide a staff report to an Executive Committee appointed by
the Interim commission.
c. DeveloD Permanent Governance Entitv. The Interim
Commission shall consider alternative organizational structures,
including a joint powers agreement, for exerting a unified effort
to accomplish regional, solid waste Objectives. No later than May
31, 1994, the Interim Commission shall develop a permanent
governance entity designed to maximize the members' collective
strength in pursuing their interests in disposing of solid waste.
The permanent governance entity:
(1) Shall include all participating cities and the
COUNTY;
(2) Shall be empowered to contract for solid waste
processing and disposal; and
(3) May be empowered to (a) take over and operate the
COUNTY facilities, (b) create new facilities and (c)
contract with outside providers.
d.
provide
Interim
AcceDtable Waste DisDosal. The Interim Commission shall
for disposal of Acceptable Waste flow committed to the
Commission. 2
10
,;3/J .)0/
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 11
4.6 Attainina SUb-Reaional DisDosal Obiectives. During the term
of this INTERIM AGREEMENT, the COUNTY and the other Member Agencies
agree:
a. Process. To plan and implement the objective of
providing facilities' to meet the waste disposal needs of the
var~ous sUb-regions of the County of San Diego, without
unreasonably impacting another sUb-region in an adverse manner.
Any dispute shall be resolved by the Interim Commission in
accordance with Section 3.11.
b. North Countv DisDosal oDtion. The County will use its
best efforts to provide a North County disposal option.
c. Waiver of GeoaraDhic Obiection. On condition that the
covenants set forth in Section 4.6{a) and (b) are being performed,
not to object, on the basis of geographic origin, to the direction
of Acceptable Waste to any facility.
5.0 MISCELLANEOUS PROVISIONS
5.1 Withdrawal.
a. Procedure. If any Member Agency requests to withdraw
from this INTERIM AGREEMENT, the Interim Commission shall calculate
the impact on the system of such agency's withdrawal taken in
conjunction with all other members desiring to withdraw, and shall
thereafter formulate, in negotiation with all such agencies, a set
of final terms and conditions for early withdrawal which will
become effective upon approval of the Interim Commission.
b. Limitation On Withdrawal Charaes/Penalties. There shall
be no charge or penalty imposed on the withdrawing Member Agency if
the reason for withdrawal is the expiration of the Flow Control
Covenant as to the withdraWing member.
c. Survival.
section 5.1 shall
survives.
Notwithstanding
survive as long
Section 2.2 hereof, this
as the Interim Commission
5.2 Notices. All notices, demands or requests pursuant to this
INTERIM AGREEMENT shall be in writing. All notices, demands and
requests to be sent to any member shall be deemed to have been
properly given or served:
a. On the date of actual personal service; or
11
dJ/1-1f
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 12
b. On the date actually received, if deposited in the United
States mail, addressed to such party at the address of the Member
Agency's regular meeting chambers, or other address designated by
the Member, postage prepaid, registered or certified, and with
return receipt requested.
5.3 Non-Severabilitv. In the event that a substantive provision
of this INTERIM AGREEMENT shall be determined to be invalid,
illegal, or unenforceable in any respect, the parties hereto shall
negotiate in good faith such amendments, modifications, or
supplements to this INTERIM AGREEMENT or such other appropriate
action as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the
parties as reflected herein. If negotiations in good faith fail,
the INTERIM AGREEMENT, including the Flow Control Covenant, is
terminated.
5.4 Waiver of Breach. No breach of any provision herein can be
waived unless in writing. Waiver of anyone breach of any
provision herein shall not be deemed to be a waiver of any other
breach of the same or other provision hereof.
5.5 Remedies. All Parties hereto shall have the right to commence
any action at law or equity, including specific performance, to
remedy a breach of the terms herein, provided that neither Party
shall have the right to terminate this Agreement except as provided
herein.
5.6 No Third Partv Riqhts. There are no third party
beneficiaries of this Agreement. No action may be commenced to
enforce this Agreement, except by a Member Agency.
5.7 CounterDarts. This
counterparts.
document
shall
be
executed
in
12
02:1/9 'I/'
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 13
IN WITNESS WHEREOF, the parties have signed this INTERIM
AGREEMENT as of the dates set forth.
COUNTY OF SAN DIEGO
committing 100% of its
Acceptable Waste flow
Date:
CITY OF LA MESA
committing % of its
Acceptable Waste flow.
Date:
By:
ATTEST:
SUPERVISOR
By:
ATTEST:
MAYOR
CLERK
CITY CLERK
CITY OF CARLSBAD
committing % of its
Acceptable Waste flow.
Date:
CITY OF LEMON GROVE
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
CITY OF CHULA VISTA
committing % of its
Acceptable Waste flow.
Date:
CITY OF NATIONAL CITY
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
13
.J;J/?"l? /d3A-19
APPROVED
Amended
BY STEERING COMMITTEE, 11 May 1993
for Signature by Any or All Cities
Page 14
CITY OF CORONADO
committing % of its
Acceptable Waste flow.
Date:
CITY OF OCEANSIDE
committing % of its
Acceptable Waste flow.
Date:
By:
ATTEST:
MAYOR
By:
ATTEST:
MAYOR
CITY CLERK
CITY CLERK
CITY OF DEL MAR
committing % of its
Acceptable Waste flow.
Date:
CITY OF POWAY
committing % of its
Acceptable waste flow.
Date:
By:
ATTEST:
By:
MAYOR
MAYOR
ATTEST:
CITY CLERK
CITY CLERK
CITY OF EL
committing
Acceptable
Date:
CAJON
% of its
Waste flow.
CITY OF SAN MARCOS
committing % of its
Acceptable Waste flow.
Date:
MAYOR
By:
ATTEST:
By:
ATTEST:
MAYOR
CITY CLERK
CITY CLERK
14
..234") r
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All Cities
Page 15
CITY OF ENCINITAS
committing % of its
Acceptable Waste flow.
Date:
CITY OF SANTEE _
committing % of its
Acceptable waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
CITY OF ESCONDIDO
committing % of its
Acceptable Waste flow.
Date:
CITY OF SOLANA BEACH
committing % of its
Acceptable waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
CITY OF IMPERIAL BEACH
committing % of its
Acceptable Waste flow.
Date:
CITY OF VISTA
committing % of its
Acceptable Waste flow.
Date:
By:
MAYOR
By:
ATTEST:
MAYOR
ATTEST:
CITY CLERK
CITY CLERK
15
.:l:J/f -; /
ATTACIlMENT "A"
CITY WASTESTREAM COMKITKENT*
Member Aaencv
Waste Tons
Chula vista
Oceanside
Escondido
El Cajon
Vista
Carlsbad
National City
Encinitas
La Mesa
Santee
Poway
San Marcos
Imperial Beach
Coronado
Lemon Grove
Solana Beach
Del Mar
82,399
80,450
65,566
52,430
44,028
38,149
34,065
32,844
31,399
31,289
26,371
24,854
15,767
15,503
14,327
7,663
2.875
600,000
* Calculation utilizes July 1992 population figures as
approved by SANDAG
.;):J/1" .2.0
JlJL-02-'93 FRI 09:53 ID:CITY OF CHI..l.A VISTA TEL NO:!'i19--691-5171
--.-
11010 P02
07102/13 08:43
11018 BT4 zaaa
co OIl BOLID IIsm _ CHVU. VISTA.
III OOZ/003
..' .
Attachment 2
PROPOSED 1M~NDMRNT TO INTERrM AGR~MMKHT!
AT THE UI'l'ElUHSOLID WASTE COMMISSION HBETING ON "ONE 30, 1993, THE
INTERIM COMMISSJ:ON UNANIMOUSLY RBCOKMEJilDBD AN AMENDMENT TO THB
nINTBRIH AaREEMENT ESTABLISHING AN INTBRIH SOLID WASTB COMMISSION
AND PROVIDING FOR' THB DISPOSAL OF SOLID WASTE." THE AMENDMBNT
WOULD EXTEND AN OPPOR'1'UNITlC To NON-IIBIIBIR CITIES nICH Dro NOT SIGN
THE INTBRIM AGREEMENT, OR WICK SIGNED THE INTBRIM AcmEEMBNT WITH
COND:ITIONS THAT PREC1.UDE THI!:M I'ROK BB:ING KEMBERS OF THE INTJ:RD[
COMMISSION, '1'0 JOJ:N THE COMKI88J:ON BY SJ:GNING THE INTERIM AGREBMBNT
ON,OR &BFORE JULY 23, 151513.
TO BE EFFBCTIVB, 'l'H1!: AHEND!lEN'l' MUST BZ'ADOP'l'1!:D IY EACH JUlUSDICTION
'l!HAT IS CU1Ul.ENTLY A VOTING KEMBER OF THE COJOaSSION: 'l!HJ: CITXES OF
,CORONADO, LA MESA, LEMON CROVE, POWAY, NATIONAL CXTY,' SAN MARCOS
AND SOLANA B~CH, 1\lfD THB COUNTY or SAN DIECO. THE AMENDMENT KUST
ALSO BE ADDED TO THE INTERIM AGRBEMENT BY ANY CITY tJ'l'ILIZING THIS
,OPPORTUNITY TO SICN 'l'HE AGREEMENT AND BECOME A MEMBEIl. OF THB
COMMISSION.
THE AMENDMENT WOULD RULACE SBCTION ,2. 1 OF TIlE AMtNDED l:N'1'Ill'tXK
AGREEMENT WITH TME FOLLOWING LANGUAGE:
This l:N'1'ERIM 'AGREBKBNT Bhall take etteat as or June 22, 1993,
,by, between and amon~ the COUNT~ and any ot the Cities li.ted
on AttachDent A aa have executed this dogument em or betore
July 23, 1993.
ALL OTHER TERKS AND CONDl:'rIONS OF THE INTERIM AGREEMENT WOULD
RDtAIN UNCHANliED.
ATTACHED IS THE AMENDMENT WHICH YOUR CITY SHOULD SIGN AND RETURN TO
THE COUNTY. IF YOU HAVE ANY, QUE5'l'J:ONS PJ:.IASE CALL LIN WURBS IN THE
SOLID WASTE'DXVISl:ON (9~4-2729): ' '
-
:23.19 - 2.)
JUL-02-'93 FRl 09:53 ID:CITY OF CHl.LA~STf!._~ i'IJ:619-691-S171__
~1!,'-~._
07l02/U oe, u
eue .,4 2838
co SO SOLID lI8TIl ___ CIIllU VISTA
iii 001/001
....
Ai: :1:1:8 regularly eohedullld ~..tinq gn July , lP93, the city
councilor the City gt' llqreed. to the followinq amencllllent to
the llrNTERIM AGRB~ABt.ISHING AN tNTDIN SOLm HASTB
COMMISSION AND PROVIDING FOR THE DISPOSAL 01" SOLID WASTB" (the
"Interim A;reementll):
SEC'I'ION 2. 1 OF THE AMENDED l:NTEJUK AGREBMBN'l' SHALL BE RBPLACBD
WITH THB FOLLOWING LANGUAGE:
This %NTERIM AGRBEMENT .ball take effect aa of June 22. liP3,
by, between an4 alllonq the COUNTY and llny of the ci ti.. URed
on Attachment A .. have ax.c~.d thie document on or before
July 23, un.
.
~3/J-.22.
Attachment 3
LIST OF NON-SIGNATORY CITY CONCERNS/CONDITIONS
Citv
Concerns/Conditions
Imperial Beach
El Cajon
No bonds be issued without a majority vote of
the Commission *
Chula Vista
1) Cap be placed on rate escalation during
the flow commitment
2) Host fees be paid to jurisdictions with
landfills
3) The amount of waste kept out of the
wastestream by recycling not be counted
against the City
4) Costs for facilities not approved by
participating jurisdictions not be passed on
to those jurisdictions
5) No new cost liabilities assumed for
facili ties that had not been used by the
participating jurisdictions and for which the
jurisdictions were not previously liable
6) Some agreement on governance and authority
prior to the issuance of debt
7) Minimal or no General Fund liability
Carlsbad
1) Flow commitment of 100% for up to three
years at "pay-as-you-go" rate, Le. no bonds
2) Uniform tip fee for all participants
3) Commission to continue to consider North
County disposal options, capital improvement
and funding plans, and permanent governance
4) Right to withdraw from Agreement without
penalties if conditions not met
5) These conditions amend Agreement and
control in event of conflict
Escondido
1) Creation of permanent regional governance
overseen by independent agency such as SANDAG,
prior to any flow commitment
2) Explore other disposal alternatives,
including economic analysis of cost-
effectiveness of long-term operation of NCRRA
3) No debt to be issued until decision made
on permanent governance
4) Commitment of flow contingent on formation
of new governance and city's decision to
participate in the new governance
.) 3/1'" .2..J
City Conditions
Page 2
Del Mar
1) Uniform tip fee
2) Commission to approve any bonding
3) Study "equity" issue regarding built-out
cities v. growth cities
4) Favor "pay-as-you-go" rates until issues
settled
5) Term of Agreement to be 7 years with 2
year notice to exit
6) Clause regarding reduction of waste per AB
939, i.e. allow Commission to change
allocation of tonnage commitment
7) Flow commitment not mad unless permanent
governance acceptable to city
Santee
1) City to be considered host city or
guaranteed a mitigation fee
2) Commitment to site North County landfill
and not consider Sycamore as option to not
doing so
3) Waiver of surcharge for 5 years
4) Be allowed to object to Sec. 4.6C of the
Agreement re: geographic basis for location of
replacement landfills
5) City not to be held in violation pending
completion of franchise implementation process
Vista
1) Tip fee set as "pay-as-you-go" rate, i.e.
no bonding
2) Commitment contingent on formation of new
governance and city's decision to participate
in new governance
* The concern regarding no bonding unless by majority
approval of the Interim Commission was also registered by
three signatory cities: poway, Coronado and Solana Beach.
.23/1,), r
~V?~
::::~_:
~~~~
~~~.;:-
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
July 2, 1993
FROM:
Councilwoman Shirley Horton (,Z~
Bruce M. Boogaard, City Attorney~
North cities JPA Meeting with regard to Alternative
Refuse Disposal Procurement Options
TO:
RE:
At your request, I attended the meeting of the North cities JPA,
which was held July 1, 1993, commencing at 10:30 a.m.
The following information, which I consider to be most significant
coming out of the meeting, is as follows:
1. The North County cities JPA consists of the Cities of
Oceanside, Carlsbad and Escondido which, together, have a
wastestream currently of about 350,000 tons per year, or about
22% of the entire County wastestream'
2. The North cities JPA intends to issue a request for proposals
to companies capable of transporting and/or disposing of the
solid waste from these three cities.
3. Disposal locations that may be interested in making proposals
to handle the North County cities wastestream are shown on a
map which was distributed at the meeting, a copy of which is
being attached hereto as Exhibit A, and include the following
prospective landfill options:
1. The East Carbon Development Company in utah.
2. The Franconia Landfill in Arizona.
IPlease compare this to our own flow of approximately 170,000
tons per year or 10.5% of the wastestream.
~3;')'.2.5
276 FOURTH AVE/CHULA VISl
. "'9'0/(6'9) 691-5037
Councilwoman Shirley Horton
July 2, 1993
Page 2
3. The Rail-Cycle Landfill proposed to be built between
Barstow and the Colorado River.
4. The Eagle Mountain Landfill Facility in Riverside County.
5. The InterailjWestern Waste Facility in Imperial County.
6. The Campo Indian Reservation Landfill Facility in Campo.
7. The Prima Deschecha in Orange County.
8. The Bee Canyon Landfill in Orange County.
9. The EI Sobrante Landfill in Riverside County.
Not shown on the map due to some clerical error is the Chiquita
Canyon Landfill in Los Angeles near Six Flags Magic Mountain and
the Bradley Landfill, also somewhere in Los Angeles County.
The attached map also shows the train routes that may be available
to these various facilities. Please note that the closest rail
route to Campo has been washed out by recent rains.
In addition to the foregoing, and not shown on the map is the City
of San Diego facility at Miramar. Of course, we are all familiar
with the current County waste disposal system consisting of the
three landfills, one of which is in our city.
Also attached hereto as Exhibit B is an exhibit showing the list of
the various landfill alternatives, their status, their estimated
tipping fee if known and their distance from the North County
facility: Please note that the Prima Deschecha facility is
considering waste importation at $32.75 per ton at the gate and is
45 miles away from the North County cities. The EI Sobrante
Landfill facility is applying for permits for expansion of the
facility and importation of waste. They expected it to be
operational in January of 1994 at $34.50 per ton gate fee and is 50
miles from the North County cities. Waste Management's Rail-CYCle
facility is proposing to soon be operational and is expected to
charge a fee in the mid-50' s per ton for both transport and
disposal! The Bradley Landfill in Los Angeles operated by Waste
Management is c'lrrently operational without restrictions and has a
$25-$33 per ton gate fee and is 100 miles away.
The JPA expressed the desire for non-signatoryjnon-participating
cities in the Interim commission to join with them to achieve
economies of scale, if at all possible.
.).J/I....;.?
CITY OF CHULA VISTA
Councilwoman Shirley Horton
July 2, 1993
Page 3
A copy of the complete workshop presentation made by their
consultant, Harvey Gershman from GBB is available in my office and
will be copied upon your request or the requests of any other
Councilperson.
I was also able to make brief contact with Mid-American Waste
Systems, the operator for the Campo facility through its Vice-
President of Landfill Operations, Mr. R. Jay Roberts (614) 833-9155
who expressed interst in talking to us, as a City customer.
Please call if you have any questions. I am at extension 5038.
BMB: 19k
Enc.
cc: City Council
City Manager
F; \home\attomey\jpanol1h
P.S. Please note the article documenting the recent trend in
Federal Court decisions which have ruled that flow control
ordinances are illegal as a violation of the Interstate
Commerce Clause of the Federal Constitution attached as
Exhibit "C".
:;:1/1-,).. 7
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REcENr
COURf
DECISIONS
o
"FLow
CONIRO~'
ORD
EXHIBIT "e"
ess than one month apart, both a federal
appellate court and district court declared
unlawful on Commerce Clause grounds
attempts by local planning authorities to
finance the construction and operation of
municipal solid waste (MSW) management
facilities by requiring that all MSW within
each authority's jurisdiction go to publicly
owned facilities. This type of ordinance, which prohibits
the disposal of MSW at any point other than a "desig-
nated facility" within the jurisdiction of a state, munic-
ipality, or planning authority, is commonly referred to
as "flow control." At least 26 states now expressly grant
localities or state agencies the power to implement
flow control.
On Feb. 18, 1993, the U.S. Court of Appea1s for the
Eighth Circuit upheld a lower court's permanent injunc-
tion against flow control ordinances of two Minneso-
ta counties forming the Prairie Land Solid Waste
Board, created to ensure construction and operation
of an $8-million composting facility (Waste Systems
Corp. v. Counties of Martin and Faribault, Minnesota,
8th Cir., Feb. 18, 1993). Waste Systems, a fIrm operating
a sanitary landfIll in neighboring Iowa, also collected
MSW in the Minnesota counties and disposed of the
waste in its Iowa landfill for $30 per ton, as opposed
to $72 per ton charged by the composting facility. The
court found that Waste Systems' landfill exceeded
Iowa's environmental standards.
The Eighth Circuit said the flow control ordi-
nances were "economic protectionist measures" because
their purpose was to "insulate the plant from compe-
tition with cheaper out-of-state alternatives." The coun-
ties' designation plans clearly stated that flow control
was necessary for the financial success of the com-
posting facility and, when discussing less restrictive
methods for assuring waste delivery, the plans repeat-
edly noted a major reason why less restrictive methods
were not financially feasible-cheaper disposal alter-
natives existed in Iowa and adjoining counties.
The counties argued that the flow control ordi-
nances were even-handed and placed only incidental
burdens on interstate commerce. They pointed to a pro-
vision in the ordinances that would allow an out-of-state
"resource recovery plant" (including similar compost-
ing facilities or waste-to-energy plants) to seek an exclu-
sion from the ordinances. Thus, the counties argued
that the discrimination is not against interstate com.
merce, but only between landfills-which may not apply
for the exclusion-and resource recovery facilities,
~J~"::J I
. --
APRil 1993 .amlll 115
.,...~"-J._'I',-_';;_ -""'I'!:,,,,".'~'::;:-~
;,.-
,,... COII"O' [ootrl.
(".
~~~ =~~~~-
The court rejected this The Eighth . rcuit Iyzed the ordinances of three
argument as "illusory" because representative cities, each of
the exclusion expressly was con- aid the 1'10 which was required under
ditioned upon a determination S' J ' the "user contract" with the
that it could be granted only ordinances authority to impose flow
"without impairing the finan- control.
cial viability of the facility."" . .. The key argument of
Moreover, the court observed economlc protectlonlst the cities and authority was
that there were presently no that they were exempt from
resource recovery facilities with- measures. " Commerce Clause restraints
in a reasonable hauling distance under the "market -partici-
of the counties' facility that pant" exception. Simply stat-
would qualify for the exclusion. ed, this judicial exception
Additionally, the burden on to the Commerce Clause
interstate commerce was not provides that where a state
incidental, according to the court, because under the ordi- or political subdivision acts as a =det-participant rather
nances, about 10,400 tons of MSW per year, which is than as a market-regulator, its conduct is not subject to
approximately 40% of the counties' MSW, is barred from Commerce Clause restraints. Thus, within the last several
interstate commerce. years, various federal courts have upheld the right of state
Finally, the court noted that the ordinances are no or municipally owned disposal facilities to exclude out-
less discriminatory on interstate commerce because they of-state waste. The underpinning of this exception is
also prevent the flow ofMSW across county in-state bor- based on the idea that the use of a publicly financed dis-
ders. This follows the major decision by the U.S. Supreme posal facility may properly be allocated to those citizens
Court last year in Fort Gmtwt Sanitary Landfill, lru:. v. MuM who pay taxes to support the facility. Where a state or
gan Department of Natural Resources, 112 S. Ct. 2019 local government acts as a true market participant, it is
(1992), holding that a law or regulation that burdens all subject to the same conditions and restrictions as is any
or substantially all of interstate commerce is no less private participant in providing goods or services. In
unconstitutional simply because it also burdens some other words, a private facility operator would not be
intra-state commerce. subject to the Commerce Clause if it decided to exclude
out-of-state waste from its facility, so a publicly owned facil-
Exception does not shield publicly owned facilities ity acting as a market participant should enjoy the same
On Jan. 28, 1993, a federal district court in Alaba- benefits.
ma enjoined the imposition of flow control ordinances However, the court clearly found that in signing the
by four Alabama counties, and 36 cities and towns with- user contracts, the counties and cities entered the solid
in the jurisdiction of the counties, as part of an effort to waste market "not to compete for their own individual
guarantee the economic stability of the proposed con- profit, as with private businesses, but rather they did so
struction of a regional disposal facility and three trans- to assure the economic success of the authority. The
fer stations by a solid waste disposal authority (Waste Recy. expressed intent behind these contracts and the three rep-
cling Inc. v. Southeast Alnbama Solid Waste Disposal Author. resentative ordinances based on them is not indh'idual
it.v, N.D. Ala., Jan. 18, 1993). Again, the court found market participation, but broad market regulation."
that the purpose and effect of the ordinances was to The court also pointed out that to reinforce the
finance the authority's facilities by isolating and thus restrictions in the ordinances, the contracts further pro-
"insulating its four<ounty region from the rough and turn. hibited the local governments from authorizing or approv.
ble of interstate commerce and the economic competi- ing any competing disposal sites within their borders, pro-
tion that comes with it." hibited firms who failed to comply with the ordinance,
The plaintiffs, primarily a group of haulers, collect- from using public streets to collect and haul MSW, and ~
ed and disposed of approximately 25% of the MSW in threatened civil enforcement and misdemeanor penalties
the southeastern Alabama region covered by the author. against violators. The court said that: "These are not the
ity. Two haulers disposed of most of their MSW at a land- types of measures E!:!vate participants in the market-
fill situated in Jackson County, Fla., south of the Alaba. place could implement.'::
116 .muI. APRil 1993
.2:1/9 ".3.1.
'10. c.."., [ootrl.
Finally, as with all federal courts that have addressed
flow control, the coun rejected arguments that there are
no viable alternatives to the construction of a publicly
owned regional waste disposal facility and no means of
financing the project other than with flow control ordi-
nances. Indeed, the court observed that the Alabama
Solid Waste Disposal Act authorizes the issuing of war-
rants secured by the full faith and credit of the authori-
ty's participating local governments, and additional
financing alternatives include ad valorem taxes or utility
bill assessments.
In the summer of 1992, a federal district coun also
issued an injunction against a Mecklenburg County,
N.C., flow control ordinance enacted to ensure the fman-
cial vitality of a proposed waste-to-energy plant (Con.
tainer Corp. of Carolina v. Mecklenburg County, w.P., N .c.,
June 14, 1992). However, until the plant is constructed,
the waste is designated to a landfill that charges $37.50
per ton, as opposed to $29.50 per ton, which was the tip-
ping fee at a South Carolina landfill owned by a hauler
who also collected the MSW in Mecklenburg County. The
hauler, Container Corp. of Carolina, serves over 7,500 res-
idential commercial customers in the county and collects
roughly 10,000 tons per month. I
~
.
CIRCLE NO. 206 ON READER SER'tICE CARD
118 WISTlAIIAPRI11993
:l3t9''!3J
07109/93 10: 32
fJ'614 833 9173
1l.A.W.S.- CORP.
1i!I002
MId-American
Waste Systems, Inc.
1006 Walnut SIr.et
P.O. Box 156
Canal Winchester. Ohio 43110
Pbo"" (614) 833.9155 ,
FAX (51';) aaa.917.
July 9, 1993
VIA FA~~TM'I.R
.
The Honorable Mayor and Council Members
Oty Hall ,
, 276 Fourth Avenue
OIula Vista, CA. 91910
Dear Mayor and Connell Members;
, I am writing to pIOYide yoa ~nformaLion on the Campo Solid Waste Mimagement ProjecL
We are conflclent that Campo can provide a timely 3Jld economically competitive solid waste
management alternative' for the cities of San Diego County;
The Campo Solid Waste Management Project is loCated on the Campo Band of Mission
Indians Resen-aUon approKimately 60 miles from Chula Vi~ra. The project consists of a 400 acre
sanitary landfill which wilJ. be pennitted to accept 3,000 tOns.per day of non-hazardous municipal
solid waSle. Access to the site is either by truck via Interstate 8 or rail via the Santa Fe aIid San
Diego and Imperial Valley Railroad~. '
,,' Mid-American Waste Systems, Inc. will construct and operate the landfiiJ. in accordance
willi the terms of a sublease Wlth Muht-Hei, Tnc. an econ,omic development corporation of the
Canipo Band. As the project is on Native American Lands, it required an ~"iromnental Impact
Statement and final sublease approval by the Bureau of Indian Affairs. The facility will be
permitted by the Campo Environmental Protection Agency whose role is .im;lar to that of a
"Local Rnforcement Agency" in Cl!lifomia. Additionally, Campo EPA has entered into a
cooperative agreement with the State of California in accordance with .Assemoly' Bill 240.
Essentially the Cooperative Agreement provides a IIICChanism for California regulatory agencies,
to review regulations, permits, and enfotccmcnt actions of Campo BPA to assure thnt they are
"functionally equivalent" to California standards without the state imposing its jurisdiction..
The preceding is a very brief synopsis of the project and the regulatory scheme thai. has
been developed. We will be happy to answer any detailed q!lestions that may arise;. Starns of the
project today is as follows; , ,
. On Aprll 27, 1993, Secretary of Interior Bab1?itt granted approval ofli!eproject's
Environmenlal Impact Statement and leases. ' ,
. On April 27, and 28, 1993 the California Wale1' Resources Control Board and the
Integrated Waste Management Board fOUnd the tentative Authority to Consll'Uct
permit issued by Campo EPA on December 3, 1992, to be functionally equivalent to
state standards. ' ' , '
. Final issuance of the Campo EPA construction permit is sshe4uled for Mid.,uly
1993.
. Consll'Uction will requlre six months to cOmplete.
. Site operation'is scheduled to begin in ru:st quarter, 1994.
o Printed on Rc~dP.dPaper
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07/09/93 10:33
US14 833 9173
1l.A.W.S.- CORP.
IgJ 003
July 9, 1993
The Honorable Mayor & Council Menibers
Uty Hall '
Chula Vista, CA. 91910
Page 2
We are prepared to begin negotiations with Chula Vista and other cities for long-tenn
tr3J1llportation and disposal contracts. The first year transportation and disposal cost is estimated,
to be in the ..ange of $38 to $42 per ton. Annual increases would be based on a ~tage of the
San Diego CPl. We view the current situation in San Diego Collnty as highly competitive
between the numerous public and private corporations and therefore request that this infom>ation
be keptconfu:lential and is for the exclusive use of the Oty of Chula Vista.
As you know, our project has been under attaCk from "Brious groups, including the
County of San Diego. We have tried and will continue OUT efforts to make Cainpo a part of the
County Solid Waste Management System. Alternately, we are' prepared 10 begin contract
discussions with Ihe City of Chula Vista at your earliest convenience. '
Thank you for the opportUnity to update you, on Campo. If I can answer any questions.
please COlltact me.
Sincerely,
oherts
ent - Landfill Operations
R1RIsw
cc: Chairman Goff, Campo Band
John Goss, City Manager
Bruce Boogaard, City Allomey
o Pnnted 0'1 R(o:(;yr.led ?Hoer
-23/9 .. .3.5
AN
INVESTMENT IN
THE FUTURE
BOARD OF DIRECTORS
President
T Pat Cavanaugh
President Elect
Diane Flint
Vice Presidents:
Rod DavIs
Mike Maslak
Mary Anne SIre
John F. Vugrrn
Members:
Patricia Barnos
Russ Bullen
Steve Collins
Greg Cox
Chuck Day
Roben GarcIa
Susan Herney
Ca.1hi Jamison
Chns Lewis
Tim LewIs
Norm Richins
Bob Thcmas
Jim Weaver
Past President
Mike Green
Executive Director
Donald R. Read
CHULA VISTA CHAMBER OF COMMERCE
July 9, 1993
Honorable Mayor Tim Nader and City Council
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
SUBJECT: SOLID WASTE DISPOSAL AGREEMENTS AND FEES
The Chula Vista Chamber of Commerce has been informed that the
subject issue is being added to the agenda as items 23 A and 23 B for the July
13th Council meeting. The Chamber request that no action be taken on this
issue during the July 13th Council meeting in order to permit the business
community to 'study and comment on this issue.
County Supervisor Brian Bilbray and Councilman Jerry Rindone are
scheduled to discuss this issue at the Chamber's Board of Directors meeting on
Wednesday, July 14, 1993.
Sincerely,
CHULA VISTA CHAMBER OF COMMERCE
~
f. Pat Cavanaugh
President
TPC:gn
cc: John Goss, City Mgr.
;23A --37
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CITY OF LA IIESA
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City of Ul Mesa.
ART MADRID
Mayo.
. July 13, 1il93
Mayor and Members of the C"rty Co nciI.
City of Chula. Vista
27!> Fourth Avenue
Chuta'VIsta, CA 91910
Dear TIIll, Lsonard, Shirley, Jerry, Bob:
Chula Vista has a history of being oJ18lY, a trend setter, enlghtenecf"aild a ponnsor of'
.the good benchmar1c qualities that any.cities in lhe County ani Just beginning lD grasp.
. ..
It Is for th~se reasons ~~ I was sh eked and very disappointed when your city elected not to
become a member of the newly-forrred Solid Waste Commission. During the past several
months, I and some nine other elect;:d olIicials, including your own Len Moore, I~ested 60 .
plus hours, not Including staff time, Iscussing every conceivable reason why'Wl' should or
should not establish a commission r JPA to Jointly administer the exlsting County landfills and
related trash flow Issues. .
The conclusion was that while lhe were many potential unsavory asPects lD this 'Mill')iag~,'
we all knew that we could no longe tolerate the inept ancI unprofessional mariner in which the
County has been adminiStering the clld Waste Division and managing the IaJ;Jdfill sites.
Unless we became part of the . we would continue to be' part of the problem.
These negotiations were not easy.
trampled on to get to the core of th
The issue of a 'Commission' ve .
decision to opt for a 'Commission'
assume under a JPA.
rd questions were asked, tempers flared, egos Wllre
Issue(s) and consensus was agreed upon. I thought
a JPA was thoroughly examined and It was our collective
sa of the Inherent problems we would Immediately .
"
While we all knew that we would be giving 'advlc:e' to the County Board of Supervisors, lIS a
Commission. we also knew that. in , it woUld be more than advice, It woUld amount to
instructions or directives becaUse out us th&y WID perish, and vice versa. 11:Ie key for me .
.Is that for the first time In all my dings with CoImty officials, going bal;k to 1963. I
developed a level of confidence, d ed a genuine and sincere atlilude and relevance from .
the County's representative, Pani 51 ler. She is the finchpln on this issue.
. Ple8se don't m~ my comm~ts as idealistic, naive or pOnyana. . ~use of the ,
caliber of individuals siIling at the taflle, I thought that we were aR deafmg in good faith and
the agreemenl$ Jo.intly developed re resented a "ConSensus' of Uieir felloW CounCllmembets. .
It wasn't untO some of them went b lD their Cities that It became evident thai: .there had .
been hidden agendas and for some, polllical games had been the order.!" the day. That
. .'
8130 ALLISON AVENUE. P-O. BOX 03'7. LA
cAuFORNIA 91944-093'7/(61'* -<<III. FAX ("19)'I02:~
;J.J/J -3r
07/13/93 09:43 tt619 462 7628
CIIT OF LA lIEU
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won't deter me though from worl<i with ~ lD reach COIlS8nsus on this Issue.
The reluctance that some cities In joining the existing Commission is due to e. tolal
distrust of the County who has in th past been grossly stupid and arrogant about their
inablUty to manage these IancIfiD s. I shan:t these concems, but since no current viable
alternative exists today, I wDI not aD w our City to continue to be vicIlmizad by ail agency with
a proven track record of nor our resIdenls to be penaDzed by. an exe! sslve
surcharge while waiting for some l' to be developed "rnil8Cle alleme.tfve" to occur.
The current IandllD $/tes are our onl
Comnisslon. La Mesa will now
and I ~Ily ask for Chura Vi
strength of seventeen former Inde
tactics of the past will no longer
most economic. environmentally _
dIolce today, that Is why we became.mlllTlbers of the .
a voice In the fulure operations regarding trash disposal,
to Join us by becoming a working partner. The coUecllve
nt partners.and the Cotmy's reali2atlon that thefr bully
Is the formula for a new afIlIlation that will give us the
and manageable solid waste operation.
There is a clean easel. The Commi ion will be selling the ground rules by which this COunty
will hanclle cur solid waste disposal !leIS In the fulure. Sure, I mow that there are
numerous issues lD resolve and IOU h decisions yet to be made, but I want our City to have a
strong voice In part of that process, it's not advice that we will be giving.
We need you, we need ead1 other .thoul reseMllion or conditions. Thank you for your
favorable and positive response.
Sincerely,
ClJ(
Mayor
cc: R. SterlIng
D. Wear
S.Edcis
>>//3;
RESOLUTION NO.
J 7 J t-~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT (AS AMENDED)
BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO
AND THE CITIES OF THE COUNTY ESTABLISHING AN
INTERIM SOLID WASTE COMMISSION AND PROVIDING
FOR THE DISPOSAL OF SOLID WASTE, AND
COMMITTING 50% OF THE CITY'S WASTESTREAM TO
THE COUNTY
WHEREAS, on 3/30/93, Council discussed regional solid
waste issues and a proposed Solid Waste Participation Agreement in
a workshop which identified general concerns and directed staff to
focus on key concerns and recommendations for modifying the
Agreement; and
WHEREAS, at the regular meeting of 4/20/93, Council again
received updated information on specific concerns and suggested
revisions, and provided input to Councilmember Moore in
representing South Bay cities in renegotiating the Agreement; and
WHEREAS, the SANDAG Board (sitting as the Integrated
Waste Management Task Force) had established an Elected Officials
steering Committee with the direction to negotiate a modified
Participation Agreement acceptable to the entire Task Force; and
WHEREAS, the new Agreement would then be distributed to
all the cities and the County for action by the respective councils
and the Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the Agreement (As
Amended) by, between and among the County of San Diego and the
cities of the County Establishing an Interim Solid Waste commission
and Providing for the Disposal of Solid Waste, and Committing 50%
of the City's Wastestream to the County, a copy of which is on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by
Approved as to form by
Stephanie Snyder, Principal
Management Assistant
Bruce M. Boogaard, city Attorney
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