HomeMy WebLinkAboutAgenda Packet 1991/11/26
Tuesday, November 26, 1991
6:00 p.m.
'" cl .
eo,are uncier ,,"nalty (), norjury that I am
emf.lo.e-j b.t 'Lie : Eo' n', ~hula Vista in the
(hiice oi~he Cit)' Clerk and that I posted
bis ".'oncd/Nolice on the Bulletin Board at
the PU~lioer":;es Building an;!-at,.City Ha!1 on
DAlEO, J; ll., . SIGNED G.I'~ 'n Council Chambers
, , . Public Services Building
Relmlar Meetin~ of the City of Chula Vista City Council
CALL TO ORDER
1.
ROIJ. CALL:
Councilmembers Grasser Horton _, Malcolm _, Moore.....:......, Rindone _, and
Mayor Nader _'
2. PLEDGE OF AU.EGIANCE TO TIIE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: November 12 and 19, 1991
4. SPECIAL ORDERS OF TIIE DAY: None
CONSENT CALENDAR
(Items 5 through 11)
The staff recommendations regarding the foUowing iIems listed under the Consent CaIendm will be enacted by the
Cowu:il by one motion without discussion unless a Couru:iJmember, a member of the publiJ; or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these iIems, pleJJse fill out a "Request to
Speak Form" avaiIJJble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recomnrentiJlti complete the pink form to speak in oppositWn to the staff
recommendation.) Items pulled from the Consent CaIendor will be discussed after Action Items and Boards and
Commission Recommendations. Items puUed by the publiJ; will be the first iIems of business.
5. WRITTEN COMMUNICATIONS:
a. Letter of resignation from the Child Care Commission - Katy Wright. Staff recommends Ms.
Wright's resignation be accepted with regret and a letter of appreciation be sent.
b. Letter requesting consideration of a catering/conference center on Bonita Road - C. E.
Campion, President and Managing Partner, Prestige Hospitality Services, Inc., 1040 Isabella,
Coronado, CA Staff recommends that this letter be considered in conjunction with the item
on tonight's agenda regarding the exclusive negotiation agreement with Joelen Enterprises
for the Development of City-owned property in the 4400 block of Bonita Road.
c. Letter requesting waiver of fees for the use of Gregg Rogers Pool for the Arthritis Aquatic
Program - Dolores D. Gieseke, President, Arthritis Foundation, 7675 Dagget Street, Suite
330, San Diego, CA 92111. Staff recommends that this letter be received and filed.
d. Letter requesting help, directly and indirectly, with warrant enforcement - Larry Stirling,
Judge, The Municipal Court, San Diego Judicial District, County Courthouse, 220 W.
Broadway, San Diego, CA 92101. Staff recommends that staff be directed to contact the
Court in an effort to obtain more information prior to making a commitment.
Agenda
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November 26, 1991
6. ORDINANCE 248S AMENDING SECTION 19_58.110 OF THE CHULA VISTA MUNICIPAL CODE
TO DELETE CERTAIN PROCEDURAL REQillREMENTS FOR CHURCHES
TIiAT PROVIDE TEMPORARY SHELTER FOR THE HOMELESS (second
readim!: and adoption) . The Interfaith Shelter Network has requested that
the City consider streamlining certain local procedural requirements which
now apply to churches that wish to participate in the program. The
proposed amendment would allow churches to provide shelter for the
homeless for two weeks per year without the necessity to secure a zoning
permit or to notice surrounding residents each year prior to providing the
shelter services. Staff recommends Council place ordinance on second
reading and adoption. (Director of Planning)
7. RESOLlTI10N 16420 APPROVING A NINETY DAY EXrENSION OF THE THIRD YEAR CAREER
CRJMINAL APPREHENSION PROGRAM GRANT PERIOD - On 8/21/90,
Council approved a resolution which resulted in the acquisition of the third
year of funding for the Career Criminal Apprehension Program Grant from
the Office of Criminal Justice Planning. Staff has been advised by the
OCJP that a Council resolution is required to extend the grant period
beyond the eighteen month third year period for completion of the grant
objectives. Staff recommends approval of the resolution. (Acting Chief of
Police)
8. RESOLlTI10N 16421 INTENTION TO VACATE A PORTION OF BEYER WAY ADJACENT TO AND
WEST OF 225 BEYER WAY - Samuel O'Dell, owner of the property at 225
Beyer Way, has requested a right-of-way vacation by the City in order to
have direct access to his property from Beyer Way and to make use of the
now-vacant land. In accordance with Section 8320 of the California Streets
and Highways Code, the Council may initiate a proceeding by adopting a
resolution of intention to vacate the subject right-of-way. Staff
recommends approval of the resolution and set 1/15/91 as the date for the
associated public heating. (Director of Public Works)" 12../ l7/q/
9. RESOLlTI10N 16422 APPROVING THE FINAL MAP AND SUBDMSION IMPROVEMENT
AGREEMENT AND Aurn:ORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT FOR CHULA VISTA TRACT 90-15, EVERGREEN GARDENS.
On 10/10/90, by PCS-90-15, the City Planning Commission approved the
Tentative Subdivision Map for Chula Vista Tract 90-15, Evergreen Gardens.
The Final Map for said Tentative Map is now before Council for approval.
Staff recommends approval of the resolution. (Director of Public Works)
10. RESOLlTI10N 16423 APPROVING AN AGREEMENT WITH ERNST AND YOUNG FOR
GEOGRAPHlC INFORMATION SYSTEM (GIS) CONSULTING SERVICES TO
DESIGN AND IMPLEMENT THE CITY-WIDE GIS CAPITAL IMPROVEMENT
PROJECT (CIP) - The Geographic Information System (GIS) is a multi-year
CIP project which is currently budgeted beginning with this fiscal year (FY
91/92). As part of the first phase of this project, professional GIS
consulting services are necessary to assist in 1) defming the needs and
requirements for the City-wide system, 2) developing specifications for the
GIS system, and 3) developing specifications for the land base information
Agenda
-3-
November 26, 1991
and the digital base maps of the City. Future phases of this project include
1) acquisition of the initial GIS hardware and software, and 2)
development and data collection of the new land base for the City. Staff
recommends approval of the resolution and authorize the Director of Public
Works to execute agreement modifications for future related additional
services for amounts in aggregate not to exceed $7,000. (Director of Public
Works)
11. RESOLUTION 16424 APPROVING CONSULTING CONTRACfS FOR SERVICES TO TIlE CI1Y TO
REVIEW AND ADVISE ON SEWER ISSUES BETWEEN TIlE CI1Y OF SAN
DIEGO AND TIlE CI1Y OF CHULA VISTA - The ClP provided funds for the
City to retain expertise in the areas of engineering, legal, and finance to
guide and advise the City regarding current Metro I cost issues. This
resolution will authorize the City Manager to execute three contracts. Staff
recommends approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBJJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as publU: hearing< as required by Iaw_ If you wish to speak
to any item, please fiU out the "Request to Speak Form" availoble in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the stoff recommendation; complete the pink form
to speak in opposition to the stoff recommendation.) Comments are limited to five minutes per individual.
CONDmONAL USE PERMIT PCC-92-06; REQUEST TO ESTABJJSH A
TWELVE-BED RESIDENTIAL TREATMENT FACJJJ1Y FOR RECOVERING
ALCOHOJJCS AT TIiREE NORTH SECOND AVENUE - MAAC PROJECT -
The proposal is to establish a twelve-bed residential treatment facility for
recovering male Latino alcoholics. The program, referred to as Nosotros,
would occupy the southerly portion of the former Vista Hill/Southwood
psychiatric facility site at Three North Second Avenue in the R-3 zone.
Staff recommends approval of the resolution. (Director of Planning)
12.
PUBJJC HEARING
RESOLUTION 16425 APPROVING CONDmONAL USE PERMIT PCC-92-06; ESTABJJSHING A
TWELVE-BED RESIDENTIAL TREATMENT FACIJJ1Y FOR RECOVERING
ALCOHOJJCS AT TIiREE NORTH SECOND AVENUE - MAAC PROJECT
13.
PUBJJC HEARING
TO CONSIDER VACATION OF NORTH FIFIH AVENUE - At their meeting
held on 11/5/91, Council adopted Resolution 16398 stating the Council's
intent to vacate a portion of North Fifth Avenue. In accordance with
Section 8320 of the Streets and Highway Code, the resolution also set
11/26/91 at 6:00 p.m. as the date and time for the public hearing for the
Council to consider this matter. Staff recommends approval of the
resolution. (Director of Public Works)
RESOLUTION 16426 ORDERING TIlE VACATION OF A PORTION OF NORTH FIFIH AVENUE
Agenda
-4-
November 26, 1991
ORAL COMMUNICATIONS
This is an opportunity for the general publk: 10 address the city Cowu:il on any subject matter within the Council's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the city Council from
taking fKUon on any issues not included on the posted agenda.) If you wish 10 address the Council on such a
subject, please complete the yeUow "Request 10 Speak Under Oral ComnuuriJ:ations Form" available in the lobby
and submit it 10 the City Clerk prior 10 the meeting. Those who wish 10 speak, please give your name and address
for record purposes and foUow up a.ctimL Your time is limited 10 tJuu minutes per spe1Jker.
ACTION ITEMS
The items listed in this section of the agenda are expected 10 e1icit substontiol discussions and deliberations by the
Council, stoff, or members of the general public- The items wiD be considered individually by the Council and staff
recommendations may in certoin cases be presented in the a/tenuJtive. Those who wish 10 speak, please fill out
a "Request 10 Speok" form available in the lobby and submit it 10 the City Clerk prior 10 the meeting. Public
comments are limited 10 five minutes-
14. RESOLUTION 16427 APPROVING A HOME COMPOSTING PIWT PROJECf AND
APPROPRIATING FUNDS THEREFORE - Staff proposes a multi-faceted
home composting pilot project as a simple and cost-effective way for
residents to reduce solid waste. Funds requested would be utilized to
subsidize the purchase of one hundred composting bins, a home
composting guidebook, and additional promotional materials. Staff
recommends approval of the resolution. (City Manager) 4/Sth's vote
required.
15. RESOLUTION 16428 DIRECTING STAFF TO CONFER WITH JOELEN ENTERPRISES FOR TIlE
PURPOSE OF PREPARING A PROJECf DEFINITION UNDER CEQA AND
FOR APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH
JOELEN ENTERPRISES FOR TIlE DEVELOPMENT OF ADISPOSITION AND
DEVELOPMENT AGREEMENTWHICH MIGHT IMPLEMENT SAID PROJECf
AND TO RETURN SAME TO TIlE Cl1Y COUNCIL FOR THEIR REVIEW AND
CONSIDERATION - At their 4/23/91 meeting, Council directed staff to
bring forward an Exclusive Negotiation Agreement (ENA) with Joelen
Enterprises for development of a resort golf hotel on the site. Council
further directed that Joelen Enterprises conduct a preliminary market
feasibility study to determine the viability of the project. Both the ENA and
the market study were to be returned within 120 days. On 9/3/91,
Council approved a 60 day extension for Joelen Enterprises. Staff
recommends approval of the resolution. (Director of Community
Development) Applicant has requested that the item be continued to the
Council meeting of December 10, 1991-
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Cowu:il will consider items which have been forwarded 10 them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
Agenda
-5-
November 26, 1991
ITEMS PUllED FROM TIiE CONSENr CALENDAR
This is the time the City Coundl will discuss items which have been removed from the Consent CIJlendar. Agenda
items pulled at the request of the public will be consiilered prior to those pulled by Counci/members. Public
comments are limited to five minutes per iru/ividuJJL
01HER BUSINESS
16. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
17. MAYOR'S REPORT(S)
a. Ratification of appoinnnents to Boards/Commissions/Committees.
b. Intervention in PUC proceedings on SDG&E Rate Increase Application.
18. COUNaI. COMMENTS
Councilman Moore:
Legislative Committee Recommendation - Support for San Marcos Landfill
Expansion
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6.
Potential litigation pursuant to Government Code Section 54956.9 - SR 125 proposal.
Potential litigation pursuant to Government Code Section 54956.9 - Otay Municipal Water District.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on December
10, 1991 at 6:00 p.m. in the City Council Chambers.
A Special Joint Meeting of the City CounciVRedevelopment Agency will be held immediately following the
City Council Meeting.
November 21, 1991
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager9'
City Council Meeting of November 26, 1991
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, November 26, 1991. Comments regarding the Written
Communications are as follows:
5a. IT IS RECOMMENDED THAT KATY WRIGHT'S RESIGNATION FROM THE CHILD CARE
COMMISSION BE ACCEPTED WITH REGRET AND A LETTER OF APPRECIATION BE SENT.
5b. This is a letter from Prestige Hospitality Services, Inc. regarding a
catering/conference center at the property adjacent to the Chula Vista
Municipal Golf Course. IT IS RECOMMENDED THAT THIS LETTER BE CONSIDERED
IN CONJUNCTION WITH THE ITEM ON TONIGHT'S AGENDA REGARDING THE EXCLUSIVE
NEGOTIATION AGREEMENT WITH JOLEN ENTERPRISES FOR THE DEVELOPMENT OF CITY-
OWNED PROPERTY IN THE 4400 BLOCK OF BONITA ROAD.
5c. Th i s is a letter from Do 1 ores Gieseke, Pres i dent of the Arthr i tis
Foundation, requesting a waiver of fees for the use of Gregg Rogers Pool.
This pool is operated by the Chula Vista City School District and Ms.
Gieseke has been informed by staff that her request wi 11 have to be
directed to the School District. IT IS RECOMMENDED THAT THIS LETTER BE
RECEIVED AND FILED.
5d. This is a letter from Judge Larry Stirling of the Municipal Court
regarding unserved warrants. Staff believes that this is an interesting
concept which is worth pursuing. A regional approach involving a task
force or ad hoc committee involving the affected agencies would seem to be
the next step. There are several unanswered questions, such as, what is
the current policy of the Marshals dealing with warrant service and what
wi 11 be the attitude of the Sheriff toward the impact to the jai 1. In
addition, we are in the middle of litigation regarding booking fees. What
will be the attitude of the County if the cities attempt to recover costs
of warrant service? IT IS THEREFORE RECOMMENDED THAT STAFF BE DIRECTED TO
CONTACT THE COURT IN AN EFFORT TO OBTAIN MORE INFORMATION PRIOR TO MAKING
A COMMITMENT. After such information is received, staff will report back
to Council with a recommendation.
JDG:mab
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November 14, 1991
Honorable Tim Nader
Mayor of Chula Vista
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
RE: Child Care Commission
Dear Mayor Nader:
Although the formation of the Child Care Commission
and solid child care programs in the City has been
a high priority for me, I regret that I must offer
my resignation. Recently I have decided to pursue
a Masters degree and have been accepted to a
program beginning soon. As a result, I feel I am
unable to give the appropriate amount of time to
the Child Care Commission that I feel it deserves.
I apologize for any inconvenience this has caused.
I have enjoyed my time on the Commission and
working with the great staff in the Parks and
Recreation Department, particularly Jess Valenzuela
and Bob Morris.
Sincerely,
EASTLAKE DEVELOPMENT COMPANY
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Katy ~right)
Project Manager, Community Development
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Dear Mr. Mayor:
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First and fOl..emost I pleas..) allc,\,/ 1118 tl lilorrJl.~:nt. to thanlt you for
taking the time -to meet wit,h my twe. associat,:)G this aft.ernoon and
to al::o c.pologiz'~ for not belll[~ ablf~: t.o a.tt'3nd ill P(:'J.":"~cln dLh.J t~o i..l
scheduling conflict.
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I can nut begin 'Co tell you how ex(;j.tou I <1!11 c..-L 'Lho prosp.'.:cL of
bringing i.l small catering/confc:roncu CE:nt,Gr ..1(.0 tht~~ ::Jit.c 0;'1 Dt.:..oita
HO.J.d. I have great confidence that. HQ Hill ])0 tilt].,., t,e. .:.l;y~pand 1)1.11.'
.:llread)T successful modus oporandi to t.hat. part:.icl1.J..:.lr lOGati":Hl. Our
'target markets are fixed inCOllk) rut.ir(~():.:i for our l!'rid,:-,y J':v0.ning Big
DCJ.nd Dinner Dance; young' midd 1.-; :i llCC.)[}lI~;: fami lio:-; for 1,)I,U: :3Ulld~lY
Champaene: Jazz Brunch; of C:'':JUJ."r3t'':~ Lh,,) (~ul_;: ill/.; 11I:'.\rJ~'J I. f':Jl' ()ur
breakfast. lurlch and happy h~l\1 t" daiJ y -i 1. t.h.-::: ".t:J l,1. Ikd_c LoulIge".
and Ol.~r !n:-imary business. . .l:e~:t:._;ullabl)' pri..::.cd tl:.lliquot.:;;. (.:1 L(.ring .:tnd
ccnfer8nces fClr ~'liddle-Cld3;'::; ^IrYll~i'::;H1;-:: and z;:G:Jll Llj uK:dlttm ~;i~od
bu.:Jinc5ses. I fecI particLll;lrJ.y \0.'811 p'_):3iti,:I1"!ud .L1"t L11':_" lIJ.:,cet\.:_,:I'. a:_~
.:lrc.:t hotel.s, (.t,h8 t.radit,ional :~,:';-'.rcc f.:)J: tllo3c [{~:'od:..; and ;,i'_.~rv iCI.:s) .
cont~:Lnuc to raise their pric:in:,~ fj Ll'UCt.Ult'*') in ("Il'del' :, I ()f.r!:j~-::t.
co:yr-,inuing: OGCLlI'ancy deCJ:8.~_I::'.;(;..;~~. J. um can.L'ld'jn-L i..hat ,:'lI.lr
pr,:,.fcs:::; ional IOanagemo:lt comp,:tuy Hi 11 ~~ucc(::'3d and I)>:) pt'(,f'.I-,.:i bl r~ ,J L
this sito ,for th.::; first t.imo :::::iinGc; it, i.til:; "Tho Glon".
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M:r only trepid.:ttion and. CQnCC'.l:--ll l..lbout going forward wi l.h the
project. at, tl-!is t.im~ is the C:it).~'s plan to convc!....L the ::;iLo Lo a
mid-scale: hotel property in t.:18 nuxt t,hrcc' t,!) f i vo V(':'-\1.'"8. I
realize how verY' "glamox'ou::;" hot.ol rn:oJects car.. b(.J t.o c.iLie!; and
mun:.cipali tili:s. not only for t,he ground 10.:<so but ill so for t,he
occupancy t&x. HOHever, 7~G 'of ;..In ..?"lIp"t,y room still equals ~ ()- and
at preseat. it is widely believed tha'Lhotels in the lJniLcd :";'Lat.~s
al.~O dctrimentully ()ver built. "The: E;{perts" predict :'. Ii,:: t. .Gl.ipplv
will cClatinue to exceed deril..J.nd fur q."L ~E:~-lst. fiv~ years. My
personal- p:co:,.je,ct,ion. is th':l."t o\...n~';)rG of nowhc"Lol proper:Lios \o1il1
c:)nt~ni.\':;, i..o f]xperiencc the:: 3'::'UU:::: JIOui: -l.ul"W l:~~~,i...111~:;: as :LiK'l bcridian
Hotel did :;hor.t.ly .:lfter it op(~n.~d in Coronado. namGly 'l~e-j,ile 'j'..rcQd
to .3011 tho propcrt~,. to tho t.i.-::lr'.~11~08C. thc:lJgh this (,r '~'.IU 1':__iC: i;_~ 11(' t.
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a sure thing either as the ,Japanese havc_\ rocentJ.Y turned "bearish"
on real estate invest.ment in the rJ:-I:L i'-:":ld }3t.ates. Pleo.se Mr. t1ayor.
do not consider only my admi tt.f:::dly :,.,c;lf sCl.:ving LllouglyL.I and
predictions though I do feel somuHb':lt {lll~-l.lificcl 1.0 ~jpeak t.e. such
subjects as my Bachelor of SCi'''lCC fJegre:c ire; in HoVel
Administration from Cornell University and I hav." [[early ten years
progressive mid to upper man2geffi(3nt (~xp8ri(:::rlce ~d.t/h West.in Hotels,
ITT Sheraton and Marriott Hot.els. I would refer YOtl t.o the cover
story in the Business Section of thir3 past Monday evenings San
Dic:;go Tribune. As the articJ.e will rol.:J.-Lo. with feH oxcaptions the
only companies mal~ing money in' bot,els t.(Jday ar'3 t.ll,x3i3 f~rrns who
specialized in distressed hotel propeJ:ty manQgemont.. .arld it"s not
likely to change anytime soon.
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I believe that a professionally
catering/conference center would
same goals;:
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1.) prOdL~C() an acct;"1J)table "j llCOlfJi:; ::;-t~rO..:lI;I" far t~IC Ci t.y.
2.) would be a high visibility prop8rty ililprOV81ilGnt fur the City.
3.) would create new jobs thereby expanding the "Lax base.
4.) would still allow for easy public access to the golf CC'llrse and
the riding/jogging trails.
I am convinced that barring any unforseen difficulties in
negotiating the sublease with American Golf Corporation. we will go
forward with our plan for whatever time my be available to us till
the hotel project comes to fruiti.c'II. However. I w)uld ask -Lhat
should for any reason the hotel project prove not to be a viable
option, that you keep in the back of your mind that we would be
very interest:.ed in expanding the curr8rd~ facility to a 100re optimum
size as an alteraati'.",::. I h.3.ve.-f.01...1Ud Ltl;.~t. in 2 quickly cL::l'ngiHg
world its always wise to ha.v8' .':In ;:J].tJc:rj::lt.L~.tc.
Once aGain I thanl-: you for yc.ur Liw(1 :H:;d your c01l3idel"at.i,_'n ill
these roa.t.ters and I eagerly .lool~ Iorw.:lrd to tho day whon I will
haVE: the ple.:Jsure of. meeting you in 1h;1]';';011.
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C.E. Campic,n
President and Managin~ Partner
Prestige Hospitality Services. Inc.
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PRESTIGE HOSPITALITY SERVICES. INC.
Three year Budget based on ,Operatlons at
, South Bay Catering/Restaurant
Bonita, CA.
1992
1st Year
1993
2nd Year
1994
3rd Year
Deoartmental Income:
FOOO INCOME * 56% 765,200 ,5~%, . 857,024...) 56% ,969,867
Cost of Sales 214.256 ." 239.967 268.763
GROSS PROFIT-FOOD 550.944 617.057 691.104
BEVERAGE INCOME * 27% 375,225 27% 420,252 2?% 470,683
Cost of Sales 82.549 92.455 '.<103.550
GROSS PROFIT-BEVERAGE 292.676 327.797 ;367.133
SERVICES ;., ~'.
Room Rental 57,021 , 63,864 71,528
Service Charges 171,064 - 191.,59.1 ." 214,582
Other Misc. 6.500 6.500 6.500
* 17% 234.585 17% 261.955 17% 292.610
RecaD of all Deoartments:
TOTAL INCOME * 100% 1,375,010 100% 1,539,231 100% 1,"'23,160
Cost of Sales 22% 296.805 ~ 332.422 ~ 372.313
GROSS PROFIT 78% 1,078,205 78% 1,206,809 78% 1,350,847
Less Direct Expenses:
Food Dept. <22%> <303,188> <21%> <324,816>' <21%> <357,338>
Beverage Oept. < 7%> < 98.690> .L2n <105.976> .L2n <127.247>
NET OPERATING INCOME 49% 676,327 50% .776,017 " 50%
.l&n Admin.Sa1ary & Other <444,490> <457,054>
Rent of Facility < 96,884> <113,042>
Sales Incentives < 62,342) < 69,812>
Non Re-occuring < 650> < . 650>
866,262
<476,244>
<128,086>
< 78,117)
< 650>
Pretax Net Income
71.'961
183.105
9%
135.459
11%
5%
S " r, ~', r.;.
, ~ .~, "'- ~ -': './'
::......
Footnote:
;..,.3
,,' ~_ a...'
The above summary has been developed from managements calculations
determined monthly (using 13 periods of4 weeks each) for each budget
year on a Lotus 123 spreadsheet. For details to all expense
categories, refer to each years supporting worksheet and a
narat;ve on how and why such amounts were determined based
on this facility.
.
t:5b~~
---
I,;
.
"'!1'"c." """''''.
. """"""",,,,,,,,,,,",,,,,~~,,,""""~;~~~~~'"'"~"'", .~.. ""'. "-~"""'.""..' ~" ~......~"".~ ." '.'''.',~.''''.,''''}'r~, ""''''~ ~...,...,..-~" ..
- ... . - ".- ,.<:.'t~',"',~,.""",,:,- ,',"''''''- .".~.:~ __
-
."
?rut i;.
Hospitality'
CASH
~992
:.''; .:-,~...:.:
'<t.:.'-'
:a..: .::.~!:;. ~-; ~.;.:;
s'-rv{c...~~ Inc.-,
BUDGET.~
Periods
" W/sheet-~' -.. ~ Del Smith C.P.A.
",' ... SOURCE' . APPLICATION OF FUNDS
r,- ~,-.... ,- .:~... .-,-,".
~~~~:~~~--' ~3~~;YX~:"
.......'. .'-,
..~, ' " ,': ~ "_'7-' ,-:
--------- --------------------
SOURfE OF fUNDS;
weekly P.riods First Second Third <
--------------------------------~~:~---------~:-----
Fourth Fifth
sixth
Seventh
Eighth
Ninth
Bev.Casl1" Ba 1 ance
Id'.~Fu~d.lnt.r.st
Total Cash Revenue.
less:--- -'_ : -::-. -
Opel- ifi ng "'expenses'
R~nt' on' Fae,it 11:y ,-.
O~f..t1ng':_c~ftl Flow
",,- "
\J\
D-
~
TOT~~ ~OURCe~
APPLICATION OF FUNDS
Inventory
. ""
Ccrp':or1...F.~8
. Liquo':'Lie:r'ransf.
Depo.it Premiums
Utility ~.posit.
Renovations/EQuip.
Debt Payment:
3 yrs.=34.87 per lk
.,5 ".interest
34.67i lOOk _x .12 :=
. 41~604.00,~eryr.
.I by q.:; 3,~00~31
Tenth
Eleventh
---,------
Twelve
.,
15000(),;Q~.,,_:'1.?358. 40
- ':~,"_?: 1 ~2. 31
. 74H';~'131'
"1$2.31.
73338.80
192.31
13769.31
192.31
107036.95
192.31
99558.46
192.31
150000 ~ 00
2307.72
77324.31 89119.85
192.31 . - 192.31
85433.99
192.31
100731.79
192.31
106278.30
192.3~
91532.29
1.92.31
. .,' . '
. '.' .
: '1375010-.00'
J I,
_ .t ~ _ .; -1208105:75
_______~----------.-------:----- __________ ______________~________________~______:_]_::_~:_______________ ~ _ - ~ -98884.00
-18191.23 .~Zl.180,67, 1835.87 \. 3438:~! ::"6562.94 14803.54 12322.14, 9106.30; 12207.50. 8552.51 ---;;;~.;;---:;~;;:~;--2~;;S:~;-,----;~;;~:;5
~;~;~;:;7:-~177;;:~~-~-7;5;~~~J ---;;;;;:;8 ~:;~5;~:;; -;;;;~:~;-~~;;3~:3~--;;;;2:;~-;~;;;;:;~--;~;~;;:;; -1~~;;;:2; -;~;;5;:;; ;2;;;~-;5- ---;;~2;; 97
:_~-~-----~~:~~-_---:7---~~-~-~- ----------?-~~~------- --~---~----~:--:-------------j-----------------~-- ---------- ----~----- ------:--- ---------:-
'-:.~0660 :90.-'
:5000.00-"
.- .....' .." . ~ -- c, ~.;
<iiiso:oo~
,,~-:. - ..: :~ ;",
-10000.00
-:2000.00
-3000.00 .
-3'ZOO.31
-,
-30000.00
-5000.00
-1250.00
-10000.00
-2000.00 I
~
-3200.31
-3200,31
-13000.00
-3200,31
-3200.31 . -3200.31
-3200.31
-3200.31
-3200.31
-3200.31
-3200.31
-3200.31
-3200.31
TotalApp 1i ad :~~~~~~~~~~~:~~~~~~~~~~:~~~~~~~ l~:~:~~~~~~" ~~:~~~~~~~ ~:~~~~~~~~=~~~~~~~~~~=~~~~~~~==~~~~~~~~~~:~~~~~~~ ~~=~~~~~~~~~:~~~~~~~ ~=~~~~:;~- i(-C~;5;5~;~~
,:j,;;;;:;;;z-!~~:~;;;~~~;~~~;:~j;;;;. [1~~;~~~~~::'~;: =~::~;~-:~::~~:;::'::::~;i~:::~;::-:':,,;~:: ::::";:;; ::':,,~:: :',,':-~I:~~;:~:'
'.. Hor.ey Ha'rket F~. ._. .._-;-':'50'000..00-:" 5'0'000", OO'>.:1~5booo: 00 1.:;'150000.00 50000.00 50000,00 50000.00 50000.00 r 50000.00 50000.00 50000.00 50000.00 50000.00 I
.: . <,;' _' ,.',. ~'.<';' (;': ',:.,:.:..,~~=~~;.;::-:.-.:.:.'.:.::;;..~..;.....:.:;.=:"",~:_:.,.._:__~~~;.:i_:':.; "'::;:~-~':'.--~-':' _u..;_,._____.....___.__n__ __ ___..:_..u:.___.u__ _';'__.---;'___ - ___u.:.u___.:.._______ n____..;_ ______..;__n___
,~ 1-" ,'4.', ~;....'. 'f .~;'.:..'~ ::'<C.\~~,
...-....<..-
-'",
--: ,jU"., .........) _'.... w..........' .............),_, ~......'.,"~
^
ARTHRms
fOUNDATION.
SIn Di... Alt. Chapllr
November 13. 19'1
Mr. Sid W. Morris
As't. City Manager
278 Fourth Avenue
Chul. Vista. CA 91910
Dear Mr. Morri.:
The Arthriti. Foundation, San Diego Area Chapter would like to
reque.t a waiver of the fee for the use of the Gregg Roger. Pool.
The Gregg Roger. Pool has be.n the site for our Arthritis Aquatic
Program since Fall of 1990. Due to a bUdget shortfall in 1991
the Arthritis Foundation can no longer afford to pay for the pool
uee and thus the program will end on November 18, 1991 unl...
additional funding i. found.
Gregg Rogers Pool i. one of ten program locations for the
Arthritis Aquatic Program. All of those ten programs are co-
sponeored by the eite and are of no coat to the Arthrit1s
Foundation. We request that the City of Chula Vista co-sponsor
this program by waiving the $25 per hour pool fee effectiVe
November 20 through 1992.
Chul. vieta ha. . high concentration of people with Arthritia and
thia area haa bee om. one of our target markets for program..
Ba.ed on marketing research data, we fully expect enrollment to
increaee in 1992. Currently 20 are enrolled in the Arthriti.
Aquatic cla.. that meet. every Monday and wedneeday from 12:00 -
1:00 pm. The people of Chula Vista stand to loo.e a valuable
service and the opportunity to improve their quality of life,
should this program be discontinued on Monday, November 18, 1991,
If at 811 possible, we would like to continue offering this clas.
without a break for the rest of this year and on into 1992.
The Arthriti. Aquatic program gives participants with .evere
joint problema the opportunity to do gentls activitiee in warm
CC. cL; '7 (~) WRITTEN COMMUNICATIONS
q ~ _. S""JI'" s.. _ '""',,"" · om-"', . "''''''",,. .,"m..... · ... .w~~ ~
0....; A d"a-rh. 2-?-. '<I <i P-C- t::" _ I cfr1 /';/dl. t. /7/
O . -f2L ~ :,)c.
VI ~t7 r~
.
November 13, 1991
Page 2
water, with guidance from a trained in.tructor. The activities
increaee flexibility, mobility and improve eelf-eateem.
Sinc. time i. of the ....nc., pl.a.. do not he.itate to call me
should you have any further Qu.stions or need more information.
co: Couno lman J.rry Rindone
Aurelia Koby, Vice Chair, Board of Directors
Mary Ro.. Johnson, Director of Program.
5~-z
LAWRENCE W. STIRL(
JUDGE
(9. p.L.::;-.(/ c> 4e ~Uuiripa1 <<lourl
'-'/,'/"'" ,:"" ,.._..~ ~'\', ,\;'\A.N DIEGO JUDICIAL DISTRICT
p......,r ,.,~ ',: \.. .' ~ 'L.... ',) ~i~ COUNTY COURTHOUSE
G"'f (3. ~ , ,'" ...._ ,:. '\ 220 W. BROADWAY
-.,. \:~"." ~, ,. .,. ....
j " '~', ~ C" ";~. ' t:J SAN DIEGO. CA .2101
~';;~({iJ',~;0\'~;C:~'~;: i-N~vember 5, 1991
<", '(,i";." ,"
-",
I !,' -- .
Mayor Timothy Nader
city of Chula vista ~~
276 Fourth Avenue
Chula vista, CA 91 1 /
Dear Mayor
May I lease draw your attention to my latest letter to each
member of the San Diego County Board of Supervisors (Attachment 1) .
There are about 699,000 unserved arrest warrants in
San Diego County (Attachment 2). The unserved warrants result from
violations of your municipal ordinances, state laws, and lawful
court decisions. Failure to serve these warrants costs our
citizens untold personal pain and property loss each year and
millions in lost revenues to local governments.
There are, of course, not enough marshals to serve all
warrants nor enough jails to house everyone that could be arrested.
But, that should not stop us from attempting to solve the problem.
The courts have been working with the Legislature, the DMV,
and the Franchise Tax Board to assure alternative, more efficient
and effective sanctions in addition to a marshal's arrest.
However, law-enforcement arrests are still an important sanction.
I respectfully request your help and the help of your Council
and your chief law enforcement officer, directly and indirectly, in
an effort to get more warrants enforced.
As you can see in the attached letter, there are numerous
things that the Board of Supervisors could be doing that they have
not, as of yet. Indirectlv, your concern expressed to members of
the Board of Supervisors for these or other effective solutions
would go a long way toward getting results. If their staff does
not like these solutions, what can they come up with?
Your council could also
suggestions is that police
contractor) assume a proactive
help very directl v. One of the
departments (or your Sheriff's
policy in regards to warrants.
t~ \\\~ (<\)
~tv~ t~~
~\,~\~~V~
WRlnEN COMMUNICATIONS
,~~ \\\~
r5d../
\'*\
Mayor Timothy Nader
November 5, 1991
Page Two
For example, each officer could try to serve just one warrant
per shift. That gives him or her a reason to identify a problem
person without further probable cause. One warrant per day, per
officer, per shift would not overload the system.
Or, your officers could prioritize their effort. For example,
who has the most outstanding warrants in your city? Perhaps the
"top five" or the "top ten" scofflaws could be targeted each week
for proactive police work.
In the San Diego Municipal Court, Presiding Judge Cowett has
set aside time for "multiple violators" to be brought directly to
her in court for prosecutorial attention and case disposition. I
will always entertain a field arrest in my court (531-3077).
Or, we would welcome any other ideas and solutions that your
law enforcement agency might suggest to solve this nagging problem.
Thank you for your time and attention to this request.
May I hear from you?
(
si1cerelY
I
LARRY STIRLING/
Judge (
LS:srt
Attachments:
1. Letter from Judge stirling to Board of
Supervisor John MacDonald dated October 8, 1991, subject:
unserved warrants
2. Latest Marshal's Report on unserved warrants
C;d- 2.
Wire ~uniripld arourt
LAWI'l[NC[ W "TI'h.rNG
JUClOf:
SAN DIEGO JUDICIAL D!STl'ttCT
COUNTY COURTHOU5~
220 w. S'tOAOWA'r'
SAN DIEGO CA 8210'
October 8, 1991
The Honorable John MacDonald
Supervisor, 5th District
San Diego County Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
Dear Supervi~cr MacDonald:
Once again, I am compelled to call to your attention the
attached report on the balance in unserved warrants; and once
again, the balances in unserved felony, federal, and
misdemeanor warrants are up substantially.
This
you have
implement
negative trend continues in spite of
long since instructed your staff
corrective action.
the fact that
to study and
The crime rate in this county continues to rise unabated,
and the seriousness of the crime continues to worsen. A great
deal of the problem is that the courts have been rendered
ineffective because the lawful will of the people, as
reflected by court orders, is not being imposed.
Let me be very clear. This is the direct constitutional
responsibililY of the Board of supervisors acting through its
staff, budget, and ordinance powers.
I have brought this issue to your attention numerous
times, and there has been no effective action taken. I have
given you numerous suggestions which have not been acted upon.
I was recently invited to be on the Roger Hedgecock radio
show. A member of the CAO's staff called in to defend the
CAO's office from perceived criticism by me. The staff member
identified himself as the one responsible for this issue and
then, under Roger's questioning, demonstrated a substantial
lack of understanding of the issue and the possible solutions.
Enforcing these warrants will go a long way toward making
San Diego County a safe and just place to live once again.
I respectfully request that you specifically respond as
to your personal position on the following issues:
C;d - '3
The Honorable John MacDonald
October 8, 1991
Page Two
1. Why hasn't the Board directed the creation of a program
that permits private detectives a simple, daily mechanism
to "pick up" warrants from the Marshal and go serve them
with the incentive being a percentage of the fine
collected? What precisely is the objection and what
precisely has been done to overcome those objections?
2. Why hasn't the Board adopted an ordinance making it a
county misdemeanor to fail to appear or pay fines thus
enabling the tax collector to lien the property holdings
in this county and, through interagency agreements,
statewide?
3. Why hasn't the Board adopted an ordinance that says, if,
after due-process notice, that anyone that receives public
assistance aid has outstanding warrants, their public
assistance will be held up until the warrants are cleared
up? Is it good public policy to tax law-abiding citizens
to subsidize law breakers? A condition of public
assistance should be to be law-abiding.
4. Why has the Board not instructed your staff to notify
credit reportinq agencies of all outstanding warrants and
unpaid fines? Your staff opines that it would not be
"cost beneficial." TRW says that there is no charqe.
5. What has been done by the Board to automate or otherwise
improve the efficiency and incentives of the county's
Revenue and Recovery Department to collect money due and
owing to the county?
6. What sort of negotiations has the county undertaken to get
the police and sheriff to serve warrants in their zip
codes during regular shift work?
It is possible to ask each officer and reservist in the county
to seek out and serve one warrant per shift. That would be
thousands of warrants served every week.
I respectfully urge upon you this is a fundamental public
safety issue.
The Sheriff's Office, the District Attorney's Office, the
Courts and the San Diego city Attorney's Office all ~ust bear their
fair share of the responsibility for this public embarrassment.
C;J..-I.{
The Honorable John MacDonald
october 8, 1991
Page Three
I'm
problem.
which so
sure each judge is willing to cooperate to help solve this
But, I have suggested several effective solutions above
far simply have not been acted on.
If your staff chooses to denigrate these obviously effective
solutions, then it is their sworn duty to corne up with some better
ones.
Thank you for your time and attention to these matters.
Very truly yours,
LARRY STIRLING
Judge
LWS/cab
Attachment: Warrant Activity Recap (08/17/91 - 9/13/91)
C;J.5
....
'Ul1501-01
-..,I
COU.NILIILSAtLJlrr~ARRANT SYSTEM
STATISTICAL SUMMARY
ARMS PERIOD 04 09/14/91 THRU 10/11/91
WARRANT ACTIVITY RECAP
I AST PERUl~ CLEARED
-..i Te.1..l
DATE 10/12/91
PAGE 1
WARRANT TYPE
FELONY (1)
MISDEMEANOR (2)
40508A <'H
270 PC (4)
BENCH WT (5)
JUVENILE (6)
NOT USED (7)
FEDERAL WT (8)
TOTALS
WARRANT TYPE
FELONY (1 )
MISDEMEANOR (2)
40508A (5)
270 PC (4)
BENctUII-(5)
JUVENILE (6)
NOT USED (7)
FEDERAL WT (8)
TOT ALS
CUj{RENT
LASLYEAR
PERIOD 04
11.434
192.503
250.480
394
185.403
615
o
2.164
642.993
Itj.cR_r~E/
DECREASE
12.070 692 689 12.076
238L5S" 7.016 4.616 2"'0,98J
247.810 5.420 6.131 247.104
394 6 19 381
188.226 5.794 5.810 ~28.!i,
S82 78 61 601
0 2 0 2
2.t,14 102 28 2.488
690.050 19---1L0 17 . 354 ~ t . +
-,- 91;919 ,
WAR R A NT S C L E A R E D
5~+
20~+
1~-
3~-
1~+
2~-
100~+
13~+
7~+
--------- ClEARANC~CIlYlIY ----------
RECALLED PURGED CLEARED CLEARED
BY SDPD BY OTHER
--------------- MARSHAL'S ACTIVITY ---------------
ARRESTS BAIL BAIL BAIL BAIL AMOUNT
FIELD OFFICE MAIL COLLECTED
172 0 0 0 0
650 26 9 66 22.688
214 14 7 106 34.865
3 0 0 0 0
524 2 1 10 5.855
7 0 0 0 0
0 0 0 0 0
5 0 0 0 0
1.575 42 17 182 63.408
106- 5
2.117 1.451
3.349 2.310
5 11
2. 8 55_---Z.J!~3
28 8
o 0
3 0
243
219
107
o
277
14
o
16
876
147
75
24
o
86
-3
o
4
339
8.463
5.838
FY TOTAL WARRANTS ENTERED THRU PERIOD 04 70.036
~
I
~
\.0
COUNCIL AGENDA STATEMENT
c::~{:.
'- '~
Item ~
,.,:.~j.
Meeting Date 11/19/91
c
')
ITEM TITLE: "PCA-91-06; Consideration of an amendment to the Municipal Code to
- delete certain procedural requirements for churches that provide temporary
shelter for the homeless - City initiated
~ /
SUBMln.l!1> BY: Director of Planning It;y
REVIEWED BY: City Manager.Y
[
,/
(4/Sths Vote: Yes_No.1O
On November 12, 1991, the City Council voted to adopt an amendment to the Municipal Code
which would amend wning regulations pertaining to operation of temporary shelters in churches.
As part of this action, Council directed certain changes in the ordinance which would limit the
number of weeks in which such operations could occur to one initial two-week period, with two
additional non-consecutive two-week periods being permitted if so authorized by the Zoning
Administrator. In addition, the City Attorney has proposed certain additional wording changes
to further clarify the operation of the ordinance.
RECOMMENDATION: That Council approve Ordinance No, 2485, as amended.
(hamlbel. ord)
1;'
ORDINANCE NO. 2485
RtI\OW~G
stCO~O
DOM\O~
I\~O JI\
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.58.110 OF THE CHULA VISTA MUNICIPAL CODE
TO DELETE CERTAIN PROCEDURAL REQUIREMENTS FOR
CHURCHES THAT PROVIDE TEMPORARY SHELTER FOR THE
HOMELESS
WHEREAS, the Interfaith Shelter Network, which sponsors
and coordinates a temporary, rotational homeless shelter program
involving churches throughout the County, has requested that the
City consider streamlining certain local procedural requirements
which now apply to churches that wish to participate in the
program; and
WHEREAS, the proposed amendment would allow churches to
provide shelter for the homeless for two weeks per year without the
necessity to secure a zoning permit or to notice surrounding
residents each year prior to providing the shelter services; and
WHEREAS, the project is exempt from environmental review
as a categorical exemption, Class 23 section 1532.
The City Council of the city of Chula vista does hereby
ordain as follows:
SECTION I: That section 19.58.110 of the Chula vista
Municipal Code is hereby amended to read as follows:
Sec. 19.58.110 Church, hospital, convalescent hospital,
religious or eleemosynary institution.
Any church, hospital, convalescent hospital or other
religious or eleemosynary institution in any R zone shall
be located on collector street or thoroughfare with a
minimum parcel of one acre, shall maintain a ten-foot
wide minimum landscaped strip or solid six-foot fence or
masonry wall on all property lines abutting said R zone,
except that said fence or wall may be reduced to three
and one-half feet in a landscaped front setback area not
containing parking facilities, and shall have side yard
and rear yard setbacks of at least twenty feet and a
front yard setback of at least twenty feet. These shall
be considered guidelines rather than standards in the
case of churches.
The provision of temporary shelter for the homeless in
accordance with the following standards and requirements
is considered accessory to church use subject to ~
1
,_I
l
iG8\laRee af a 210RiREf Dal'"illi~ compliance with the followinq
standards:
1. A shelter may accommodate a maximum of 12 guests
for no more than two weeks per year. An additional
one hundred eighty (180) days may be authorized by
the zoning Administrator provided no opposition has
been expressed by surrounding property owners or
residents.
2. The guests shall be prescreened by a recognized
social service agency to determine resident
suitability. Active alcohol or drug abusers as
well as those with criminal convictions of a felony
or any crime of violence or significant mental
illness shall be excluded from the program.
supervision shall be provided at all times both
on-site and during arrivals and departures from the
shelter.
3. A floor plan and set-up of the space to be occupied
shall be submitted along with a description of the
Ghal~aL pLa~asal ~a iRoluac ~hc prescreening
agency and criteria, proviGioRG for GuparviGioR,
aHa seheaala of hourG aHa aotivitiaG.
4-.- A post set-up, pre-shelter inspection shall be
conducted by the city 1n order to determine
compliance with applicable building, health, safety
and fire regulations.
h s. 'Fhe applioaHt A church which is providinq
shelter for the first time. or which has not
provided shelter in the last 18 months shall
provide the city with certification that
written notice of the proposal has been given
to properties within 300 ft. of the shelter
site. The host congregation is encouraged to
hold a neighborhood meeting to inform
residents of the proposal and answer questions
well before the commencement date.
6. The at>t>lioation for zoninE} perllli t I act lip plaR,
GupplemeR~al iRfarma~iaR aHa oertifioatioH of
Rotioe ahall Be suemi~~ea at leaGt 10 aaYG prior to
~he eammeRoemeR~ aate.
.2...... ::;-.
The 210HiH~ permi~ shelter may be subject to
immeaiate ravaea~iaR closure for the violation
of the standards or substantiated report of
neighborhood disturbance.
2
" ,2,.
.2...... a-.-
Shelter proposals beyond the limits noted in
item #1 above are considered conditional uses
subject to the approval of a conditional use
permit.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to
li-Ih.
Robert A. Leiter, Director of
Planning
Bruce M. Boogaard, city
Attorney
C:\OR\19.58.110
3
,,,
COUNCIL AGENDA STATEMENT
Item
Meeting Date
7
11/26/91
ITEM TITLE:
Resolution 1~~2..D - Ap~roving a ninety (90) day
extension of the th1rd year Career Criminal
A~:::~-::~O:fP::::~ period
city Manage~l (4/5ths Vote: Yes No X
SUBMITTED BY:
REVIEWED BY:
On August 21, 1990, Council approved a Resolution which resulted
in the acquisition of the third year of funding for the Career
Criminal Apprehension Program Grant from the Office of Criminal
Justice Planning. Staff has been advised by the OCJP that a
Council Resolution is required to extend the grant period beyond
the eighteen (18) month third year period for completion of the
grant objectives.
RECOMMENDATION:
Approve the Resolution requesting a ninety day
extension.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable.
DISCUSSION:
The Police Department is accomplishing the Career Criminal
Apprehension Program Grant objectives as expected. However,
there has been a delay in accomplishing the Patrol Workload
study. In addition to the staffing study conducted yearly, the
Department is utilizing an automated workload program provided by
the Commission on Peace Officer Standards and Training (POST).
The automated program analyzes shift schedules, beat structure
and percent of noncommitted patrol time, as well as the need for
additional personnel. There was a problem with the automated
calls for service data downloaded to the program and initial
verification of this data, reSUlting in a delay in completion of
this objective. This has been corrected and the study is
progressing.
Although it is anticipated that the workload study will be
completed by the end of the grant period, the Department is
requesting a ninety (90) day extension to ensure that the study
will be completed and the information utilized to implement
changes in the Patrol Division.
FISCAL IMPACT: None
7-1
RESOLUTION NO. 11.4 U>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A NINETY (90) DAY
EXTENSION OF THE THIRD YEAR CAREER CRIMINAL
APPREHENSION PROGRAM GRANT PERIOD
The city Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, on August 21, 1990, Council approved a
Resolution which resulted in the acquisition of the third year of
funding for the Career Criminal Apprehension Program Grant from the
Office of Criminal Justice Planning; and
WHEREAS, staff has been advised by the OCJP that a
Council Resolution is required to extend the grant period beyond
the eighteen (18) month third year period for completion of the
grant objectives; and
WHEREAS, the Police Department is accomplishing the
Career Criminal Apprehension Program Grant objectives as expected,
however, there has been a delay in accomplishing the Patrol
Workload Study; and
WHEREAS, although it is anticipated that the workload
study will be completed by the end of the grant period, the
Department is requesting a ninety (90) day extension to ensure that
the study will be completed and the information utilized to
implement changes in the Patrol Division.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve a ninety (90) day
extension of the third year Career Criminal Apprehension Program
Grant period.
Presented by
a;r
Bruce M. Booga
Attorney
Keith Hawkins, Acting Chief of
Police
C:\RS\CCAP
1...2.
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11126/91
ITEM TITLE: Resolution) /,'-/ IZ./ Intention to vacate a portion of Beyer Way adjacent
to and west of 225 Beyer Way and setting the public hearing for same
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manag~ (4/5 Vote: Yes_No..x1
Mr. Samuel O'Dell, owner of the property at 225 Beyer Way, has requested a right-of-way
vacation by the City in order to have direct access to his property from Beyer Way and to make
use of the now-vacant land.
In accordance with Section 8320 of the California Streets and Highways Code, the City Council
may initiate a vacation proceeding by adopting a resolution of intention and setting a date and
time for the associated public hearing.
RECOMMENDATION: That Council adopt the subject resolution, direct staff to return with
the appropriate resolution at the public hearing and direct the City Clerk to set the public hearing
in accordance with Section 8322 of the Streets and Highways Code for December 17, 1991.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Prior to its annexation to the City of Chula Vista, the intersection of Beyer Way and Fourth
Avenue (formerly Hermosa Avenue) was re-configured by the County of San Diego (see Exhibit
"A "). The result of this action was that the excess right-of-way is not used for any purpose.
The area of the subject land contains 8,126 square feet (0.187 acre). The owner of one of the
properties (225 Beyer Way) adjacent to this excess land has applied to the City to vacate the
right-of-way so that he may have the use of it.
According to County of San Diego Document No. 158595 dated 6/11/73, the County acquired
in fee the property west of 225 Beyer Way for street purposes which is the subject right-of-way.
The owner has submitted a title report which supports the evidence that all the right -of-way to
be vacated was granted to the County in fee title. With the annexation of the Montgomery area,
Chula Vista acquired that right-of-way previously owned and maintained by the County.
~-I
Page 2, Item €
Meeting Date 11/26/91
After investigation of the subject request, staff s findings are that:
1. At present, the configuration of Beyer Way is such that the subject right-of-way is not
needed for road purposes. The re-configuration right -of-way for the intersection at
Fourth Avenue was recorded by the County Recorder's office on Document No.
74-102894 on 4/23/74.
2. The physical re-construction of the intersection was completed by the County in 1974.
3. The subject property is no longer, nor will be in the future, needed for street purposes.
4. There are telephone and gas facilities within the area to be vacated, necessitating the
public hearing in lieu of a summary vacation.
If Council decides to vacate, the resolution of vacation must reserve easements for the utilities
mentioned in Item 4 above until the facilities are relocated out of the vacated area.
The Planning Department was contacted regarding this matter and staff had no comments.
Section 8320 of the Streets and Highways Code states that the Resolution of Intention shall
include:
1. A declaration of the intent of the legislative body to vacate.
2. A statement that the vacation proceeding is being conducted under Part 3, Chapter 1 of
the Code.
3. A description of the general location and reference to a map or plat that shows the
portion of the area to be vacated, on file with the office of the local agency.
4. The date, time and place for the public hearing, the date being no less than 15 days from
the date of the adoption of the resolution of intention.
Staff is awaiting a response from the City's contract appraiser regarding the fair market value
of the land. Staff will recommend an amount of compensation with the agenda statement
associated with the public hearing on December 17, 1991.
FISCAL IMPACT: None at this time.
JWH/PV -046
~-2..
Order No: 928844 - 51
Page 1
SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions in the policy form designated on the face page
of this Report would be as follows:
A 1. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Senate Bill No. 813 (1983) of the State of California.
B 2. An easement for the purpose shown below and rights incidental thereto as
set forth in a document
Granted to:
Purpose:
Recorded:
Affects:
COUNTY OF SAN DIEGO
Public Road Purposes
March 20, 1928 in Book 1465, Page 69 of Deeds
The route thereof affects a portion of said land
and is more fully described in said document.
.'
C 3. A right of entry for the purpose of constructing and maintaining said
Trunk Sewer Relief line granted to MONTGOMERY SANITATION DISTRICT, by
instrument recorded June 4, 1973 as File No. 73-150909 of Official
Records.
o 4. The rights of the public to use as a right-of-way any portion of the
herein described land lying within any lawfully dedicated public street
or highway.
E
END OF SCHEDULE B
F
Note No.1: Information in possession of this Company indicates that a
division of land, as defined in Government Code Section 66424, is
contemplated in the current transaction involving the land described in
this report. Such contemplated division of land would appear to fall
within the purview of the Subdivision Map Act (commencing with Government
Code Section 66410), and as a prerequisite to the issuance of final title
evidence at least one of the following requirements must be accomplished
to this Company's satisfaction:
(A) That a Final (Tract) Map has been recorded in compliance with the
Subdivision Map Act and related ordinances;
(B) That a Parcel Map has been recorded in compliance with the
Subdivision Map act and related ordinances; or
(C) That a Certificate of Compliance as provided for in the Subdivision
Map Act has been recorded; or that other satisfactory evidence
indication compliance of non-violation be furnished.
G
NOTE: If this Company is requested to disburse funds in connection with
this transaction, Chapter 598, Statutes of 1989 mandates hold periods for
checks deposited to escrow or sub-escrow accounts. The mandatory hold
I
<t- 10
O>:der No: 928844
-51
1
DESCRIPTION
A portion of the South half of the Southwest Quarter of the Northwest Quarter of
Section 23, Township 18 South, Range 2 West, San Bernardino Meridian, in the City
of Chula Vista, County of San Diego, State of California, according to United
States Government Survey approved February 25, 1870, being more particularly
described as follows:
BEGINNING ~t the Northeast corner of the land granted to SAMUEL O'DELL and CORA
O'DELL per deed recorded January 31, 1972 as File No. 23177; thence along the
Northerly line of said land North 890 41' 56" West, 117.41 feet to a point on the
Northeasterly line of County Road Survey No. 407; said point being the TRUE POINT
OF BEGINNING; thence continuing along said Northerly line North 890 41' 56" West,
75.24 feet; thence South 280 30' 03" West, 17.52 feet to the beginning of a tangent
curve concave Southeasterly, having a radius of 20.00 feet; thence along the arc
of said curve, through a central angle of 850 17' 27", an arc length of 29.77 feet
to the beginning of a tangent reverse curve, concave Southwesterly, having a
radius of 857.00 feet; thence along the arc of said curve, through a central angle
of 60 36' 13", an arc length of 98.77 feet; thence leaving said curve South 890 41'
56" West, 49.89 feet more or less to a point on the Northeasterly line of said
County Road Survey No. 407; thence along said Northeasterly line North 270 31' 28"
West, 113.07 feet to the TRUE POINT OF BEGINNING.
~-~
Order No: 928844 -51
SCHEDULE A
1. The estate or interest in the land hereinafter described or ref~rred
to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
COUNTY OF SAN DIEGO
3. The land referred to in this report is situated in the State of California,
County of San Diego
and is described as follows:
SEE ATTACHED DESCRIPTION
'i-'il'
Issuing Office:
CHICAGO
Title Company
925 "B" Street
San Diego, CA 92101
(619) 239-6081
SAMUEL O'DELL
225 Beyer Way
Chula Vista, California 92011
FAX: (619) 544-6292
Your Ref: STREET VACATION
Order No: 928844 -51
Dated as of November 4, 1991
at 7:30 A.M.
In response to the above referenced application for a policy of title insurance,
CHICAGO TITLE COMPANY
hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referred to as an Exception
in Schedule B or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies
are set forth in Exhibit A attached. Copies of the Policy forms shouldbe read. They
are available from the office which issued this report.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY
FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE
INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT
LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
Standard
Coverage
Extended
Coverage
California Land Title Association Standard 0 D
Coverage Policy
American Land Title Association Owner's Policy D D
A.L.T.A. Residential Title Insurance Policy D D
American Land Title Association Loan Policy D D
Other: D D
Title Officer, Joe Goodman 544-6235
6-1
Issuing Office:
CHICAGO
Title Company
925 B Street, San Diego, California
92101
TED LEE
5010 Soman
San Diego, California 92110
Your Ref: STREET VACATION
Loan No:
Attention:
Order No: 928844
-51
Dated as of November 4, 1991
at 7:30 A.M.
In response to the above referenced application for a policy of title insurance,
CHICAGO TITLE COMPANY
hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referred to as an Exception
in Schedule B or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies
are set forth in Exhibit A attached. Copies of the Policy forms shouldbe read. They
are available from the office which issued this report.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY
FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE
INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT
LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
Standard
Coverage
Extended
Coverage
Other:
Policy
o
D
D
D
D
D
D
D
D
D
California Land Title Association Standard
Coverage Policy
American Land Title Association Owner's Policy
A.L.T.A. Residential Title Insurance Policy
American Land
Title
Joe Goodman 544-6235
PRECSFl' - 11/>>/1&
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428 BROADWA Y
CHULA VISTA, CA 920J.0
PH 420-7090
JAMES H. ALGERT, RCE J.9073
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LEGAL DESCRIPTION
A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED FEBRUARY 25, 1870, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE LAND GRANTED TO SAMUEL
O'DELL AND CORA O'DELL PER DEED RECORDED JANUARY 31, 1972 AS F/P
NO. 23177; THENCE ALONG THE NORTHERLY LINE OF SAID LAND NORTE 89D
41'56" WEST, 117.41 FEET TO A POINT ON THE NORTHEASTERLY LINE OF
COUNTY ROAD SURVEY NO. 407; SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 89'
41'56" WEST, 75.24 FEET; THENCE SOUTH 28e30'03" WEST, 17.52 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING
A RADIUS OF 20.00 FEET; THENCE ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 85' 17'27", AN ARC LENGTH OF 29.77 FEET
TO THE BEGINNING OF A TANGENT REVERSE CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 857.00 FEET; THENCE ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6'36'13", AN ARC
LENGTH OF 98.77 FEET; THENCE LEAVING SAID CURVE SOUTH 8~ 41'56"
WEST, 49.89 FEET MORE OR LESS TO A POINT ON THE NORTHEASTERLY
LINE OF SAID COUNTY ROAD SURVEY NO. 407; THENCE ALONG SAID
NORTHEASTERLY LINE NORTH 27" 31'28" WEST, 113.07 FEET TO THE TRUE
POINT OF BEGINNING.
SAID DESCRIBED PARCEL OF LAND CONTAINS 8126. SQUARE FEET/O.186
ACRE, MORE OR LESS.
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DWN BY:
DATE:
FILE NO.:
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VACA TION OF A PORTION OF
BEYER WA Y
)- -,3
6J:der No: 928844 - 51
Page 2
SCHEDULE B
(continued)
period for cashier's checks, certified checks and teller's checks is one
business day after the day deposited. Other checks require a hold period
from three to seven business days after the day deposited.
H NOTE. Any funding wires to CHICAGO TITLE COMPANY are to be directed as
fe_lows:
SECURITY PACIFIC NATIONAL BANK
1200 Third Avenue
San Diego, California 92101
ABA 122 000 043
Credit to CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT
No. 411-263269
Further credit to Order No: 000928844
Attn:
JOE GOODMAN
Title Officer
eh
<i-II
RESOLUTION NO. ) ~4 2.(
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO VACATE A PORTION
OF BEYER WAY ADJACENT TO AND WEST OF 225 BEYER
WAY AND SETTING THE PUBLIC HEARING THEREFOR
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, Mr. Samuel O'Dell, owner of the property at 225
Beyer Way, has requested a right-of-way vacation by the city in
order to have direct access to his property from Beyer Way and to
make use of the now-vacant land; and
WHEREAS, in accordance with section 8320 of the
California Streets and Highways Code, the City Council may initiate
a vacation proceeding by adopting a resolution of intention and
setting a date and time for the associated public hearing; and
WHEREAS, after investigation of the subject request,
staff's findings are that:
1. At present, the configuration of Beyer Way is such that
the subject right-Of-way is not needed for road purposes.
The re-configuration right-of-way for the intersection at
Fourth Avenue was recorded by the County Recorder's
office on Document No. 74-102894 on 4/23/74.
2. The physical re-construction of the intersection was
completed by the county in 1974.
3. The subject property is no longer, nor will be in the
future, needed for street purposes.
4. There are telephone and gas facilities within the area to
be vacated, necessitating the public hearing in lieu of
a summary vacation.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby set 6:00 p.m. on the 17th day
of December, 1991 in the Council Chambers, 276 Fourth Avenue, Chula
Vista, California as the time and place for hearing all persons
interested in or objecting to the proposed vacation of a portion of
Beyer Way adjacent to and west of 225 Beyer Way, more particularly
shown on Exhibit "A", attached hereto and incorporated herein by
reference as if set forth in full.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista is hereby directed to cause a copy of this resolution
to be published once in the Chula vista Star News, a newspaper of
general circulation published within the city of Chula Vista, and
<6.I~
to cause notices of the passage of this resolution to be posted in
the manner and form required by law.
Presented by
John P. Lippitt, Director of
Public Works
C:\RS\Beyer Way
~~I~
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orm by
Boogaar , city
COUNCIL AGENDA STATEMENT
Item q
Meeting Date 11-26-91
Resolution IIII..\.?-'L Approving the Final Map and Subdivision
Improvement Agreement and Authorizing the Mayor to Execute
Said Agreement for Chula Vista Tract 90-15, Evergreen Gardens
SUBMITTED BY: Director of Public Works'~
J ~ .-c"\"
City Manager(J 11 if
On October 10, 1990, by PCV-'90-15, the City Planning Commission approved the
Tentative Subdivision Map for Chula Vista Tract 90-15, Evergreen Gardens. The
Final Map for said Tentative Map is now before Council for approval.
ITEM TITLE:
REVIEWED BY:
(4/5ths Vote: Yes___No-X-)
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSS ION:
The project, generally located along
Orange Avenue and Tremont Street,
condominium units.
the east side of Thi rd Avenue between
consists of one lot containing 45
The Final Map for Chula Vista Tract 90-15, Evergreen Gardens has been reviewed
by the Public Works Department and found to be in substantial conformance with
the approved Tentative Map. Approval of the map constitutes acceptance of a
general utility and access easement as shown on the map.
The developer (Progress Construction) has executed the subdivision improvement
agreement and guaranteed construction of the required improvements. The final
map is now before Council for approval.
The subdi vi si on improvement agreement for thi s development provi des for the
construction of on-site public improvements; sewer installation and paving
ut il ity easements. However, these improvements have been guaranteed and a
construction permit has been issued in advance of approval of the subdivision
improvement agreement. The street improvements along Third Avenue required
per Tentative Map condi t ions of approval No's 2 (a) and 2 (b) have also been
guaranteed and permitted by a separate construction permit.
The developer has paid all applicable fees (including Park Acquisition and
Development fees) and met all conditions of approval of the Tentative Map.
The developer reserves the right to request a refund for the increased PAD fee
amount recently imposed by Council. (Council is reminded that it requested
staff to prepare a report regardi ng a revi sed PAD fee/Park 01 F. The report
will be sent to Council for consideration on December 10, 1991.) A plat is
available for Council viewing.
FISCAL IMPACT: Not applicable.
SE:EY-44
WPC 5743E
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CITY OF CHULA VISTA
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
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 all persons having a financial interest in the application.
~. ~.;;/.~
List the names of all persons having any ownership interest in the property involved.
2. If any person identified pursuant to (1) 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.
3. If any person identified pursuant to (ll above is a 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 City
staff, Boards, Comnissions, Coninittees and Council within the past twelve months?
Yes____ No____ If yes, please indicate person(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
political subdivision, or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary.)
WPC 0701P
A-110
'1..3
RESOLUTION NO. ) (" Y 1. '2-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 90-15, EVERGREEN GARDENS, ACCEPTING THE
EASEMENT GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The city Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 90-15, EVERGREEN GARDENS, and more
particularly described as follows:
Being a subdivision of Parcel 2 of Parcel Map No. 16311,
filed December 4, 1990 as File No. 90-645006 of Official
Records, in the city of Chula vista, County of San Diego,
State of California
Area: 4.713 acres
Condominium Units: 45
No. of Lots: 1
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the easement with the right of
ingress and egress for general utility and access easement, as
granted and shown on said map within said subdivision, subject to
the conditions set forth thereon.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that certain easement with
the right of ingress and egress for the general utility and access
easement, as granted thereon and shown on said map within said
subdivision is accepted on behalf of the City of Chula vista as
hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
supervisors of the county of San Diego.
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BE IT FURTHER RESOLVED that the City Council does hereby
approve that certain subdivision Improvement Agreement dated
November 26, 1991 for the completion of improvements in said
subdivision, a copy of which is attached hereto and by reference
made a part hereof, the same as though fully set forth herein.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he 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
iLlh.
John P. Lippitt, Director of
Public Works
Bruce M. Boogaar , City
Attorney
C:\RS\Evergreen Gardens
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 199 , by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called 'City', and CONRAD PREBYS,
5847 El Cajon Blvd., San Diego, Ca. 92ll~ President of PROGRESS
CONSTRUCTION COMPANY, INC.
hereinafter called 'Subdivider";
WIT N E SSE T H :
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as EVERGREEN
GARDENS, Chula Vista Tract 90-15
pursuant to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of the
Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereto, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code, agreeing
to install and complete, free of 1 iens at Subdivider's own expense,
all of the public improvements and/or land development work required
in said subdivision within a definite period of time prescribed by
said Council, and
Form No. CA-410
Revised 11/90
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WHEREAS, subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at subdivider's own expense, all the public improvement
work required by City in connection with the proposed subdivision and
will deliver to City improvement securities as approved by the City
Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and condi tions, as
contained in Resolution No. PCS-90-1S, approved on the 10th day
of October , 19~("Tentative Map Resolution"): and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos.9l-0l4l through 91-0139 , on
file in the office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $214,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution: to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"): and will furnish the
necessary materials therefor, all in strict conformity and in
accordance wi th the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this
reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed wi thin thirty (30) days after the
completion and acceptance of the Improvement Work, and tha t
Subdivider has installed or will install temporary street name signs
if permanent street name signs have not been installed.
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3. I t is expressly under stood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract to be
done on or before the third anniversary date of Council approval of
the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not be
issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof serving
said building or structures approved by the City; provided, however,
that the improvement security shall not be required to cover the
provisions of this paragraph.
5. I t is expressly under stood and agreed to by Subdivider
that, in the performance of said Improvement work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula vista, and the laws of the State of California
applicable to. said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of ONE
HUNDRED SEVEN THOUSAND DOLLARS AND NO CENTS ($107,000.00)
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A" and
made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of ONE
HUNDRED SEVEN THOUSAND DOLLARS AND NO CENTS ($107,000.00)
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is attached
hereto, marked Exhibit "B" and made a part hereof and the bond
amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of
N/A
to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
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9. It is further agreed that if the Improvement Work is not
completed wi thin the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the
City, as are approved by the City Council at the time of engaging the
work to be performed. Upon certification of completion by the City
Engineer and acceptance of said work by City, and after certification
by the Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment thereof,
may be released to Subdivider or its successors in interest, pursuant
to the terms of the improvement secur i ty. Subdivider agrees to pay
to the City any difference between the total costs incurred to
perform the work, including design and administration of construction
(incl uding a reasonable allocation of overhead), and any proceeds
from the improvement security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer,
his sureties or bondsmen, be liable for the payment of any sum or
sums for said work or any materials furnished therefor, except to the
limits established by the approved improvement security in accordance
with the requirements of the State Subdivision Map Act and the
provisions of Title 18 of the Chula Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection, materials
furnished and other incidental expenses) incurred by City in
connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with
City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City, Subdivider
will be responsible for the care, maintenance of, and any damage to,
the streets, alleys, easements, water and sewer lines within the
proposed subdivision. It is further understood and agreed that
Subdivider shall guarantee all public improvements for a period of
one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the
acts or omission of Subdivider, its agents or employees in the
performance of this agreement, and that upon acceptance of the work
by City, Subdivider shall grant to City, by appropriate conveyance,
the public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a waiver
of defects by City as set forth hereinabove.
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13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect and
hold the City, its officers and employees, harmless from any and all
claims, demands, causes of action, liability or loss of any sort,
because of or arising out of acts or omissions of Subdivider, its
agents or employees, or indemnitee, related to this agreement;
provided, however, that the approved improvement secur i ty shall not
be required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as a
result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or
surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from any
claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the
time period provided for in Section 66499.37 of the Government Code
of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
PROGRESS C TRUCTION CO.,INC.
THE CITY OF CHULA VISTA P BY
Mayor of the C1ty of Chula
Vista
ent
PROGRESS CONSTR
N COMPANY, INC.
ATTEST
ity Clerk
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $107,000.00
Exhibit "B"
Improvement security - Material and Labor:
Form: Bond
Amount: $107,000.00
Exhibit "C"
Improvement Security - Monuments:
Form: N/A
Amount:
Improvement Completion Date: Three (3) yea s from date of Council approval
of the Subdivi ion Improvement Agreement
as to form a d amount by
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II San Diego Trust & Savings Bank ~ San Di Telex: 188910 SANBK UT I.'
. .'~ International Department ! !:!I~ Facsimile: (619) 238-0254 ,'.
. J 530 Broadway, Suite 1108 ~.: Barile Telephone: (619) 557-3021 ,',
~... San Diego, California 92101 M_,FOIC f'
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... ***** STANDBY LETTER OF CREDIT ***** ,',
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,', IRREVOCABLE DOCUMENTARY LETTER DATE OF ISSUE: ...
,', OF CREDIT NO. 41469 April 15, 1991 f.
... ...
... BEN E F I C I A R Y: A P P L I CAN T: ...
... City of Chula Vista f.
I" Engineering Department Progress Construction Co., Inc. ...
... 276 Fourth Avenue 5847 El Cajon Blvd. t"
,', Chula vista CA 92010 San Diego CA 92115 f'
n ...
,', Attn: Bill Ulrich ''I
... ...
,', A V A I LAB LEA T: E X P I R Y D A T E/P LAC E: fa
.., EXPIRES ON: April 17, 1992 ...
1:1 Sight IN: San Diego, California 1:1
~. I.
. .
i:i A M 0 U N T 0 FeR E D I T: NOT TO EXCEED IN THE AGGREGATE: II
.. $107,000.00 (U.S. dollars One Hundred Seven Thousand and 00/100) ,.
... ..
t.I GENTLEMEN, t.,
" "
I.' AT THE REQUEST AND FOR THE ACCOUNT OF THE ABOVE NAMED APPLICANT, 1.1
,~ WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR f.
~: WHICH IS AVAILABLE AS INDICATED ABOVE AGAINST PRESENTATION OF THE ''I
i'. FOLLOWING DOCUMENTS: ,',
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... **** DOC U MEN T S R E QUI RED **** I"
... I}
Ill. The signed certification of the City Engineer of the City of l
''I Chula Vista that Progress Construction Co., Inc. has not complied .)
tl with the terms and conditions of that Final Map No. 90-15 and all f.
o w~. ...
... 2. Drafts drawn at sight on San Diego Trust and Savings Bank, ...
I'. indicating this Letter of Credit number. t"
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... ...
... ...
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Ii San Diego Trust & Savings Bank ~ San Di Telex: 188910 SANBR UT I.
.'~ International Department I Z41 TTUSl~ L!leg) Facsimile: (619) 238-0254 I.
J 530 Broadway, Suite 1108 SlM._ Bank Telephone: (619) 557-3021 1"
... San Diego, California 92101 M""""'DIC ...
o 0
... OUR REFERENCE NO. 41469 PAGE 2 C.,
U 0
U 0
fl It is the condition of this Letter of Credit that it shall be ,.,
:.= deemed automatically extended without amendment for a period of one ...
.. year (1) from the present or any future expiration date hereof, '1
1.,1 unless sixty (60) days prior to such date, San Diego Trust and I..
Savings Bank shall notify the City of Chula vista in writing that .1
I.. we elect not to consider this Letter of Credit renewed for any such .
Ii additional period. It is understood that the City of Chula Vista 1.1
. has the right to demeand the amount of this security if notice of Cl
tJ expiration is given. Upon receipt by you of such notice, you may II
I.! draw hereunder by means of your drafts at sight on us accompanied II
11 by the signed statement of the City Engineer that Progress I.
Il Construction Co., Inc. has not completed the work required by said II
{: Final Map No. 90-15. ..
fl If prior to the expiration of this Letter of Credit, we shall have II
.'. received the written certification of the city Engineer of said C.
i: City stating that the completion of the work required by said Ii
Ii Permit has occurred, 100 percent of the aggregate amount of this Cl
-:. Letter of Credit shall expire on the date of receipt of such ...
j certification and shall no longer by available for drawing Ii
... thereunder. ...
~ ..
... ***** 0 THE R CON D I T ION S *****...
H ..
Il ALL CHARGES RELATING TO THIS CREDIT OTHER THAN THOSE OF SAN DIEGO '"
.'. TRUST AND SAVINGS BANK ARE FOR BENEFI ClARY I S ACCOUNT. ...
.. .
~ "
... FORWARD ALL DOCUMENTS IN ONE MAILING TO OURSELVES AT: 530 BROADWAY, C"
f! SUITE 1108, SAN DIEGO, CALIFORNIA 92101. II
~ ~
.. ..
i': EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS SUBJECT "I
d TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS", 1983 C'I
.~ REVISION, ICC PUBLICATION NO. 400. ...
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f'
DiegoTrust&SavingsBank ~ San~ Telex: 188910SANBKUT II
International Department 1M Facsimile: (619) 238'()254 ,..
530 Broadway. Suite 1108 ~ Telephone: (619) 557.3021 ,..
San Diego. California 92101 M.-FDH f.
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OUR REFERENCE NO.
41469
PAGE 3
WE HEREBY AGREE THAT DRAWINGS UNDER AND IN COMPLIANCE WITH
TERMS OF THIS CREDIT SHALL BE DULY HONORED UPON PRESENTATION
DELIVERY OF DOCUMENTS AS SPECIFIED.
THE
AND
VERY TRULY YOURS,
1-it~..._
SIGNATURE
Phillip J. Wilson
Sr. Vice President
.-'
RIZED SIGNATURE
L Burchill
International Banking Officer
*****
REIMBURSEMENT
INS T R U C T ION S *****
WE WILL REMIT PROCEEDS OF BENEFICIARY I S DRAWING ACCORDANCE WITH
YOUR INSTRUCTIONS, UPON OUR RECEIPT OF CONFORMING DOCUMENTS,
San Die'ctr\ 1i,IlJ,s/&B'lYtrT@J
bV SaVings cu 11\ I
M'f'rrIlIrrF.DIl"
STATE OF CALIFORNIA J
COUNTY OF SAN DIEGO SS.
,
NOTARY ACKNOWLEOGMENT
CORPORATION
On thiS -l5th day of _ A,p,.; 1
] :nd State. personally appeared . -;- In the year 1991 be!
aSls of Satlsfacto eVI . - ore me, the undersigned a
and - Liz ~ilceJ to be the persDn{sJ Who exeCuted the Wlthl . person~lIy ~~:; Public In and for said County
therein named. and acknOwledged to . or On behalf of the c n Instrument as _ ~or Vici;' r;::;: .pderirovetd to me on the
1M me that the c orporatlon ~
Itness my hand and off I orporation exeCuted It
'CIa seal. .
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NT.1417 (REV. 2/89)
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City Planning Commission
Agenda Item for Meeting of October 10, 1990
Page 1
4. PUBLIC HEARING:
PCS-90-lS - Consideration of tentative subdivision maD
for Everareen Gardens. Chula Vista Tract 90-15. Conrad
Prebvs Trust
A. BACKGROUND .
1. The applicant has submitted a tentative subdivision map known as
Evergreen Gardens, Chula Vi sta Tract 90-15, in order to develop a
one-lot condominium project consisting of 45 units on 4.8 acres on
the east side of Third Avenue just south of Orange Avenue within the
Montgomery Community.
2.
the Negat i ve
July 16, 1990,
The Des ign Revi ew Commi t tee previ ous ly adopted
Declaration issued on 15-90-36 at their meeting of
which includes the site in question.
3. The project design was approved by the Design Review Committee of
July 16, 1990 subject to the following conditions.
a. The garage units facing the main access driveway shall be turned
to face a motor court and avoid backing up on to the main access
drive.
b. The southerl y dri veway shall be reduced in width and des i gnated
as exit only.
I
c. Buildings located adjacent to Third Avenue shall feature the
necessary construction design to attain 45 dBA interior noise
levels.
1) Revised design, incorporating the aforementioned conditions
shall be returned to staff for review and approval.
(The plans which are enclosed in your packet reflect
conditions a and b above. Condition c will be required
prior to issuance of a building permit.
~
4. At the meeting of the Montgomery Planning Committee held on September
19, 1990, the Committee voted unanimously (7-0) to adopt the
mitigated Negative Declaration (15-90-36) with the proviso that the
minutes be forwarded to the Planning Commission and Council
express i ng the grave concern of the Montgomery Plann i ng Commi ttee.
(Extract of the minutes covering the discussion on PCS-90-lS is
attached. )
The Montgomery Planning Committee voted to approve the negative
declaration specifically so that they could vote on the project.
CEQA states that an advisory body which votes against the adoption of
the environmental document cannot vote on the project.
,
City Planning Commission
Agenda Items for Meeting of October 10, 1990
, I
Page 2
Specific concerns raised by the Committee members included the
fo 11 owi ng: (1) lack of confidence that the adoption of Mell 0 Roos
Districts would solve the problem of school overcrowding - "the
people are paying the money but not getting the services;" (2) lack
of addressment of certain impacts such as lack of requirements for
recycling bins for trash, compost area for grass clippings; (3) lack
of consideration of cumulative impacts. For example. if e~ergency
services were dispatched to this particular project, then other areas
would be forced to do without services.
Commi ttee members also stated that the i ncl us i on of "Castl e Park
Junior High School" on both the initial study and negative
. declaration be corrected and also that the enrollment data for all of
the schools be updated from the July 5, 1990 information as the
traditional calendar school s had just started, and both Montgomery
and Otay are suffi c i ent 1 y impacted to be cons ideri ng convers i on back
to K-6 as well as a multi-tract year-around program.
Staff have updated' both the data sheet of the initial study and
negative declaration to reflect information received from both school
districts as of October 3, 1990.
5. The Montgomery Planning Committee voted unanimously (7-0) to
recommend approval of the subdivision map subject to the conditions
contained in the staff report with the proviso that the minutes be
forwarded to the Planning Commission and Council expressing the grave
concern of the Montgomery Planning Committee.
B. RECOMMENDATION
1. Based on the Initial Study and comments on the Initial Study and
Negative Declaration, find that this project will have no significant
envi ronmental impacts and adopt the mitigated Negative Decl arat ion
issued on IS-90-36.
2. Based on the findings contained in Section "E" of this report, ad~t
a motion recommending that the Planning Commission approve tentatIve
subdivision map for Evergreen Gardens, Chula Vista Tract 90-15
subject to the following conditions:
~ The developer shall be responsible for the construction of
A-'v publ ic street improvements along the full length of the subject
-o.<<,.(...-.-e. ~ l.v-+-property on Third Avenue, from the centerline of the street to
.tL,~. f the property 1 ine in conformance with Chula Vista Design
fV'-" __~ Standard No. 2 for a Class I collector street. Said
, 'f~ '"V'~. ( improvements shall include, but not be limited to asphalt
'- 0 .vi+- ~r"t' concrete pavement and base, concrete curb, gutter and s i dewa 1 k,
r~ .r/ street 1 ights, street trees, fire hydrants, potable water
'0:\ ,f... /"" -r.: facil ities and alley type driveway approach. The developer
,.J..-:o ~r- shall also be responsible for construction of half the median
t~~~~.
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City Planning Commission
Agenda Items for Meeting of October 10. 1990
Page 3
~-;t..;
~. rr""~ The developer will be responsible for relocating the existing
~'.~ driveway used by the Mobile Home Park from Third Avenue to
~ ~1.- 'P~ -~ Orange Avenue. A new fi re hydrant shall be i nsta 11 ed next to
(~. ~~~. the future driveway as approved by the City Fire Marshal.
'1~ frrrr /The developer shall grant a sewer easement to the City for all
~ ~.,~ 8" sanitary sewer lines within the subject property. Said
p~'~~. ~asement shall be granted on the Final Subdivision Map.
~~~.... dol' The developer shall obtain notarized letters of permission for
~ all off-site grading work prior to issuance of grading permit
for work requiring said off-site grading.
e/ All streets within the multifamily development shall be
private. Detailed horizontal and vertical alignment of the
centerline of said streets shall be reflected on the improvement
plans for said developments. Design of said streets shall meet
the City standards for private streets.
..;tt- ~ The developer shall grant easements for all off-site public
f>. r~~l~ storm drains and sewer facilities prior to approval of any final
~ r-. """ -r map requiring those facilities. Easements shall be a minimum
"vrr('; '.l.. \' Or,.... wi dth of six feet greater than pi pe size, but in no case. 1 ess
Yrv -,r~ than 10 feet.
g~prior to the approval of final map for subject subdivision, the
subdivider shall obtain all off-site right-of-way necessary for
the insta~lat;on of required improvements.
~ The property owner shall notify the City at least 60 days prior
to consideration of the Final Map by City if offsite right of
way cannot be obtained as required by the Conditions 'of
Approval. (Only offsite right of way easements affected by
Section 66462.5 of the Subdivision Map Act are covered by this
condition).
required for the northbound left turn lane on Third Avenue. The
developer may apply for a deferral of the median construction.
Transitions to existing improvements north of the subject
property shall be provided as required by the City Engineer.
After said notification, the owner shall:
1) Pay the full cost of acquiring offsite right of way or
easements required by the Conditions of Approval of the
Tentative Map.
2) Deposit with the City the estimated cost of acquiring said
right of way or easements. Said estimate to be approved by
the City Engineer.
\.
-"
~;.
City Planning Commission
Agenda Items for Meeting of October 10, 1990
Page 4
3) Have all easement and/or ri ght of way documents and plats
prepared and appraisals complete which are necessary to
commence condemnation proceedings.
/' An erosion and sedimentation control plan shall be included as
part of t~e grading plans.
j~on the condition that City shall promptly notify the subdivider
of any claim, action or proceeding and on the further condition
that the City fully cooperates in the defense,.the
subdivider/applicant shall defend, indemnify, and hold harmless
the City, and its agents, officers and employees, from any
claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any
approval by the City, including approvals by its Planning
Commi ss i on, City Counc i 1, or any approval by its agents,
officers, or employees with regard to this subdivision.
The developer shall permit all franchised cable television
companies equal opportunity to place conduit to and provide
cable television service for each lot within the subdivision.
However, developer shall restrict access to the conduit to only
those franchised cable television company(ies) who are and
remain in compliance with all of the terms and conditions of the
franch i se and wh i ch are in further comp 1 i ance with all other
rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City
of Chula Vista.
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The developer shall enter into an aqrepmpnt with the Cable
Company to insure that compl iance with this condition is met.
Said agreement shall be approved by the City Attorney prior to
final map approval.
The developer shall obtain a letter of permission from SDG&E for
any work to be done wi th i n the 250 ft. SDG&E easement at the
north end of the project.
L,J....J..I. .-k. ~H""
Prior to the issuance of bui1aina oermits, the developer shall
enter into an agreement for water faCility improvements with the
the Sweetwater Authority.
A noise wall shall be constructed along the frontage on Third
Avenue.
Prior to the issuance of a building permit, the developer shall
enter into an agreement to annex to a Mello-Roos Community
District with Chula Vista School District and Sweetwater School
Di stri ct.
\
~
'-'
City Planning Commission
Agenda Items for Meeting of October 10, 1990
Page 5
FtI' {P
Pad fees currently estimated at $68,490 shall be paid prior to
final map approval.
RCT fees estimated at $15,100 shall be paid with building
permits.
Applicant must file CC&R's, these shall include:
!:> f' Q.
f-tA (J)
Prohibition of TV antennae.
Although the Montgomery Planning Committee did not officially add any
additional conditions to those suggested by staff above, the
Committee suggested that: (1) drought resistant plants such as the
Fortnight Lily, Sword Fern, Natal Palm and Bougainvillea replace some
of the more water demanding plants included in the landscaping
concept; and (2) that for visual effect, 24-inch box trees be planted
on the Third Avenue corridor instead of 15-inch. The applicant
agreed with both of the above listed suggestions
L
C. DISCUSSION
The Evergreen Gardens tentative subdivision map proposes 45 units on 4.8
acres.
The properties to the north and east are vacant. Single family dwellings
abut the property to the south and a mobilehome park and retail commercial
use are visible to the west across Third Avenue.
The 4.8 acre, rectangular-shaped parcel which is zoned R-3-L (Low density,
Multiple Family Residential @ 12+ du) is relatively level and currently
vacant, The northerly 80-90 feet of the newly created parcel, contains a
SDG&E electrical power easement which is zoned CCP and is intended to be
used as open space.
The project is a I lot, 45 unit parcel consisting of 27 detached townhouse
type two-story structures arranged in four-unit clusters linked by a motor
court and a series of nine two-story duplex structures aligned along 'the
east property line. There are 23 three-bedroom units and 22 four-bedroom
units. The units range in size from 1,447.5 sQ. ft. to 1,590 sQ. ft. and
will each have a two-car garage and a private fenced yard.
I
In addition, 25 standard size (9xI9) parking stalls have been provided and
strategically located to serve all tenants.
The project is served by a 40 foot-wide central access driveway and a
secondary access driveway at the south end of the complex. The private
drive serving the project features different length driveways in a
curvil inear design allowing larger landscaping areas as well as better
street scene. An open space area is also featured at the north end of the
project which has been 1 inked to the different areas of the residential
complex and public sidewalks.
City Planning Commission
Agenda Items for Meeting of October 10, 1990
Page 6
As previously stated, this project was approved at the Design Review
Committee level. The project was also approved by the Montgomery Planning
Committee. The action taken by the Planning Commission will be a
recommendation as to whether the individual units can be rented or sold.
E. FINDING
Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative
subdivision map for Evergreen Gardens, Chula Vista Tract 90-15, is found
to be in conformance with the various elements of the City's General Plan
based on the following:
1.
The site is ~hysically suitable for residential development and the
proposal conforms to all standards establ i shed by the City for such
projects.
2.
not affect the existing
which have been designed to
The design of the subdivision will
improvements -- streets, sewers, etc. --
avoid any serious problems.
3. The project is in substantial conformance with the Chula Vista
General Plan Elements as follows:
a. Land Use - The res i dent i a 1 type and dens ity is cons i stent with
the adopted Montgomery Specific Plan which serves as the General
Plan for the Montgomery Community.
b. Circulation - Circulation consists of a 40 ft. wide central
access driveway and a secondary access driveway at the south end
of the complex. These dri veways as well as the pri vate dri ves
are consistent with City standards.
c.
Housing -
units as
Montgomery
The project
one of the
commun ity.
will provide two-story townhouse type
several housing alternatives in the
d. Conservation - As the development of this site as residential~is
appropriate and will not impact areas designated for
conservation, this will not negatively impact the areas set
aside for conservation by the Chula Vista General Plan.
e. Park and Recreation, Open Space - Payment of PAD fees will be
requi red by the Parks and Recreation Department. The Parks and
Recreation Department, who originally requested an open turf
area to be provided east of the sand play area, now require only
PAD fees. The proximity to SDG&E easement was the reason for
the change.
f. Seismic Safety - There are no seismic safety concerns on this
site, and therefore, the project is in conformance with the
Chula Vista Seismic Safety Element.
r
\......
tty Planning Commission
Agenda Items for Meeting of October 10, 1990
Page 7
'g. Safety - The project will be within existing or proposed
response times of all public safety agencies. Compliance with
the City's threshold standards wi 11 have to be shown pri or to
approval of Final Maps.
h. Noise - With the design-construction of an acoustical wall along
the frontage with Third Avenue, the proposed project will be in
conformance with noise standards.
i. Scenic Highway - The proposed project is not on a scenic highway.
j. Bicycle Routes - The proposed project is not adjacent to an
officially designated bicycle route.
k. Public Buildings - The General Plan does not indicate a need for
any public buildings at this location. Therefore, the design is
consistent with the General Plan.
"
4. Pursuant to Section 66412.2 of the Subdivision Map Act, the
Commission certifies that it has considered the effect of this
approval on the housing needs of the region and has balanced those
needs against the publ ic service needs of the residents of the City
and the available fiscal and environmental resources.
5. To the extent feasible the structures have been sized and sited in a
manner to provide for passive or natural heating and cooling
opportunit i es.
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THIRD AVENUE AND ANITA ST
COUNCIL AGENDA STATEMENT
Item I 0
Meeting Date 11/26/91
SUBMITTED BY:
Resolution Ifl4.13 Approving an Agreement with Ernst & Young for
GIS Consulting Services to design and implement the City-wide GIS CIP
project.
Director of Public wory ~
City Managerf) (4/Sths Vote: Yes_No--.X)
ITEM TITLE:
REVIEWED BY:
The Geographic Information System (GIS) is a multi-year CIP project which is currently
budgeted beginning with this fiscal year (FY 91/92). A brief description of this project was
included in the informational memo sent to the City Council on May 30, 1991. As part of the
first phase of this project, professional GIS consulting services are necessary to assist in 1)
defining the needs and requirements for the City-wide system, 2) developing specifications for
the GIS system, and 3) developing specifications for the land base information and the digital
base maps of the City.
Future phases of this project include I) the acquisition of the initial GIS hardware and software,
and 2) the development and data collection of the new land base for the City.
RECOMMENDATION: That Council approve:
1. An agreement in the amount of $65,684 with the firm of Ernst & Young to provide
consultant services for the Geographic Information System CIP project.
2. An authorization for the Director of Public Works to execute agreement modifications
for future related additional services for amounts in aggregate not to exceed $7,000.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On August 9, 1991 staff issued a request for proposals to provide professional consulting
services for the GIS project. The following seven proposals were received in response to the
City's RFP.
EMA, Inc., St. Paul, Minnesota
Emery DataGraphic, Englewood, Colorado
Ernst & Young, Irvine, California
$ 78,800
98,200
65,684
/t>-I
Page 2, Item I {)
Meeting Date 11/26/91
Plan Graphics, Inc., Frankfort, Kentucky
M.I.B. Chock, Santa Monica, California
Bruce A. Joffe, Piedmont, California
Roy F. Weston, Inc., Seattle, Washington
116,600
71,500
45,000
229,236
A GIS Technical Committee, which is comprised of ten staff members from the departments of
Planning, Building & Housing, Community Development, Police, Fire, Management and
Information Services, and Public Works, evaluated all of the proposals and recommended four
firms for further consideration by the GIS Steering Committee.
The GIS Steering Committee, which consist of Jim Thomson, Deputy City Manager, Robert
Leiter, Director of Planning, John Lippitt, Director of Public Works, Cliff Swanson, Deputy
Director of Public Works/City Engineer, Louie Vignapiano, Systems & Programming Manager,
and Fred Wong, GIS Manager, also evaluated the proposals and concurred with the Technical
Committee's recommendation. The four firms selected for interview by the Steering Committee
were EMA, Inc., Emery DataGraphic, Ernst & Young, and PlanGraphics, Inc. The other three
firms were evaluated as non-responsive to the RFP and eliminated from further consideration.
Based on the written proposal and an oral presentation, the GIS Steering Committee selected
Ernst & Young as the top-ranking candidate. The decision was based on the criteria of overall
cost, consultant's objectivity, the project team's experience and qualifications in projects of a
similar nature, project method and approach, project schedule, and responsiveness to the City's
RFP.
Consulting assistance is necessary only during the design and initial implementation phases
because the establishment of a new coordinated multi-departmental system is very complex. The
benefits of using the consultant comes from their expertise and experience in setting up this type
of system in other cities, which will help to minimize the risks and problems the City will have
in setting up its new GIS system. After the system has been established, City staff will be able
to operate and maintain the system. Since this assistance is needed only for a limited time, it
is not desirable to hire staff that would be eliminated.
The consultant will be required to perform the following tasks for the development of the City-
wide GIS project.
. Review and update the needs assessment and mapping requirements of the 1987 GIS study.
Deliverables: Updated assessment of present and future needs.
Updated assessment of existing map and database resources; including resources
and services from other local and regional agencies.
Identification and recommended priorities of GIS applications to meet user needs.
Assessment and recommendationfor the phasing of areas of the City for mapping
conversion and data base development.
Recommended approach and general planfor system development and implementation.
/D-2.
Page 3, Item I D
Meeting Date 11/26/91
. Development of functional and technical specifications/RFP for a GIS system that will meet the
present and future needs of the City. The system shall include all necessary hardware, software,
and peripheral equipment.
Deliverables: RFP junctional/technical specifications for GIS.
. Development of functional and technical specifications/RFP for aerial photogrammetry and
mapping conversion.
Deliverables: RFP junctional/technical specifications for aerial photogrammetry and base map
conversion.
. Assist the City in evaluation/selection of the proposed GIS systems (includes development of
benchmark test procedures). Assistance may include participation in interviews, selection
meetings, contract negotiations with GIS vendors, and presentations to the City Council.
Deliverables: Benchmark Test Procedures.
Benchmark Test Evaluation.
Evaluation of GIS proposals.
. Assist the City in evaluation/selection of the mapping conversion proposals. Assistance may
include participation in interviews, selection meetings, contract negotiations with conversion
contractor, and presentations to the City Council.
Deliverables: Evaluation of mapping conversion proposals.
. Assist the City in initial implementation of the selected system. Consultant may propose or
recommend additional assistance needed by the City.
Deliverables: Additional services may include project implementation and other support
activities as requested by the City.
The additional services and assistance required to implement the new GIS system is unknown
and can not be determined until a specific GIS system is selected. Therefore, an estimated not-
to-exceed amount of $7,000 has been included for this purpose.
Because the GIS Steering Committee felt that one individual on the Ernst & Young team was
key to that proposal, the contract also provides that there be no substitution for that one
individual without written approval by the City; and in the event that no equally qualified
substitute is available, then the City may terminate the contract per Section 9 of the contract.
Changes to other project team members also requires written approval by the City.
FISCAL IMPACT: Funds are budgeted and available in the FY 91/92 Capital Improvements
Program for Project No. GG-I04.
FW: File NP-010
If) r;j
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH ERNST
& YOUNG FOR GIS CONSULTING SERVICES TO DESIGN
AND IMPLEMENT THE CITY-WIDE GIS CIP 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 Geographic Information System (GIS) is a
multi-year CIP project which is currently budgeted beginning with
FY 91-92; and
WHEREAS, as part of the first phase of this project,
professional GIS consulting services are necessary to assist in
defining the needs and requirements for the City-wide system and
developing specifications for the GIS system and developing
specifications for the land base information and the digital base
maps of the City.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve an agreement with Ernst
& Young for GIS Consulting Services to design and implement the
City-wide GIS CIP project, 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.
BE IT FURTHER RESOLVED that the City Council does hereby
consent to a partial assignment of the mapping and surveying
services required by said agreement to the subconsultant Ken Meade
and waives any claim that any assignment may be a violation of the
contract under Paragraph 10 of the proposed agreement.
Presented by
John P. Lippitt, Director of
Public Works
city
)D.Y ~IJ - 5
fflIl ClfT 0' CltllLif. J1.S'r..c ,Jdf"/ DllCLOSUU n..c'lDlBN7'
Statement of dllc101tIJ'C of cenaln owncrlbip Interest.. pI1D1cnta. or ~ WIItn'butlODl, on all manen
-hlch wl1I requir! dllcretlolwy lCtion on tbe pan of tile Cty CoUDCIJ, P11Z1Dl1l& Co-liMn, and aU other
official bodle.. TIle tollowlna lntormation IDlIIt be diIc:Iov..dl
1. Lilt the DIDlel of all pmcaa havina a finaDdaI interest in tile COIItnll:t, Le., contractor,
l\lbooatra~or, material suppucr. r b L _ L .
( ~~~' ~: :>u ""'n (YIvf1)'/ .
" fl YO","! IIJ.,.~",cL.J "'w"{ !.o l"h-c,.J ("1',6)
2.
If any penon ldentffleCl punuant to (1) above iJ a corporation or paztDenhlp. IlIt the DImaI of all
IndMduals ownlna more than 10% Of the abare, in the ~lpolAtion or owniDa IJIy putnenhip
lnterut in the panDerIhlp.
ENu/- it. 1""j is a 11/>->..,..1
~:t::;:J J,/j'~1' n~~L;o~~
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It any penon Identified punuet to (1) above Is non-profit orpnizatlall or a tnIIt, lilt the Blmes
of UI)' plrIOIllerYUla u director ot the DOn-profit arpniatlon or u tnIIUMl or beneflclaty or
truator 01 the trUIt.
!Il5 I' iJ roll ~~Q,.i' /J/,/",e,
f1v.. IJIJIV, ,'. !{;L, h t':5. "~JJ'.
3.
.
4.
Have you bad more than S2S0 worth of bUlln... traJll8Cted with anr member of the Cit)' Ita!,
Board.. Commillions. Committees and Counell within the palt twelve monthl? Ves_
No ~ lfyel, please illdlcate pcnon(I):
Please identify each and every person, lnclllctina any _,enu, employe.., COIIIUlWiIl or Indel*ldlllt
ecmtracton who 1.?u have UIlped to represent )'Oil before the at)' in thia ~~ttc~
tOil f Z '{(Nt Oavid t:d ~5 . /I f15 : J.e"" ~
. t:~ Qtft:tMl &.yk
;11';/1 , . /1IJ c.h ;tfJ()I'I
Have you and/Or 3'Our omcen or -allltl, In the ...pte, eoDtributed _ than $1,000 to a
Councilm.mber In the curreDt or preeedina electiOll period? YCI _ No)i.. It ~I. ltatc whidl .
CounQlmcmbor(l):
5.
6.
l&DIIlIII4elIHCI II: "Ally IIt41W1u11~P-. <<JoJIfl"III"lIfp. jDbtt --. -iMiM. HIdIII clab, tr-I/l....Jt.;..... "'1"".....
a/till. ""'" Nt.I1m'. .1)1"....... tIlb w .. GIlt. -",. dJ1M11 ~ dIJI, --dJ"llllJl, .u.Nt '" __ pMillHI ~
III "'VI tIIJIIr rouP tJr "-' 'f _.u....,_ tI ".1,.'
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Print or type name of contractorlappllcant
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(NOT!: ~111Ill~ fIII"II-'Y)
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lb. S
Addendum to Agreement with Ernst , Young
for GIS consulting services
dated . 1991
Notwithstanding anything else to the contrary in the
Agreement to which this Addendum is attached or to any other
agreement between Ernst & Young and Nora Sherwood Bryan, the
parties agree that Nora Sherwood Bryan may be employed by the City
of Chula vista in the event that she is terminated for any cause
whatsoever from the employment of Ernst & Young, and that this
provision runs to the benefit of Nora Shehrwood Bryan as well as
the City of Chula vista.
CITY OF CHULA VISTA
ERNST & YOUNG
David Andrews
Tim Nader, Mayor
ov. d 'XO
City Attorney
lD-("
AGREEMENf WITH
ERNST & YOUNG
FOR GIS CONSULTING SERVICFS
This Agreement is made this day of 1991 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 Ernst &
Young, a professional services general partnership ("Consultant"), and is made with reference
to the following facts:
Recitals
Whereas, the City desires certain professional Geographic Information Systems (GIS)
consultant services hereinafter described; and,
Whereas, the City issued a Request For Proposal for such services and the Consultant
responded with a proposal; and,
Whereas, the City has reviewed and evaluated competitive responses to a request for
proposals in accordance with Chula Vista Municipal Code 02.56.220 et seq., and desires to
engage the Consultant to provide these services by reason of its qualifications and experience
for performing such services; and,
Whereas, the City and the Consultant has negotiated a scope of work and payment for
such services; 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 City
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:
I
ID-,
1. Consultant's Duties.
a. General Duties.
i. Consultant shall meet with City staff to review and update the Needs
Assessment and the Mapping Requirements of the City; and
ii. Consultant shall develop specifications and RFP for GIS hardware and
software, and assist in evaluation and selection of a GIS System; and
ill. Consultant shall develop specifications and RFP for the GIS database (aerial
photogrammetry, base map conversion, etc.), and assist in the proposal evaluation and selection;
and
iv. Consultant shall furnish City with every reasonable opportunity for the City
to ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this agreement.
(The duties of the Consultant as herein in this section contained may hereinafter be referred to
as "General Duties").
b. Scope of Work and Schedule
Consultant, in the process of preparing said work, shall perform the duties as set forth
in the Scope of Work and Schedule, attached hereto as Exhibit" A", and deliver the "Work
Product" ("Deliverables") as set forth in the Payment and Rate Schedule, attached hereto as
Exhibit "B", not inconsistent with the General Duties, according to, and within the time frames
therein established (time being of the essence of this Agreement). (The General Duties and the
work required in the Scope of Work and Schedule shall be herein referred to as the "Defined
Services").
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 and property damage 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 the services required under this
Agreement the following certificates of insurance to the City prior to beginning work:
2
to.~
Statutory Worker's Compensation coverage plus $1,000,000 Employers liability
coverage.
General and Automobile Liability coverage to $1,000,000 combined single limit which
names City as an additional insured, and which is primary to any policy which the City may
otherwise carry ("primary coverage"), and which treats the employees of the City in the same
manner as members of the general public ("cross-liability coverage").
Errors and Omissions insurance to $250,000, unless Errors and Omissions coverage is
included in the General Liability policy.
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 City's Risk Manager.
All policies shall provide that same may not be canceled without at least thirty (30) days
written notice to the City.
2. Duties of the City:
a. Consultation and Cooperation.
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the work and to provide direction and guidance to achieve the objectives of the project. The
City shall permit access to its office facilities, flles and records by Consultant throughout the
term of the Contract.
b. Compensation.
The compensation to be paid by City to Consultant for all of the work required herein
shall be on a time and material basis with a not-to-exceed per deliverable in accordance with the
Payment Schedule, attached hereto as Exhibit "B". The total payment for all deliverables shall
not exceed $ 65.684, payable in deliverable progress payments invoiced at 90% of the
deliverable amount, and upon acceptance of the deliverable by the Public Works Director, or
his designee. The total accumulated 10% retention shall be payable upon final acceptance of all
of the deliverables of Exhibit "B". The Director of Public Works is authorized to expend an
additional not-to-exceed $7,000 for "Additional Services" pursuant to subparagraph 2d.
Consultant agrees to perform all of the services, provide the work and deliver the Work Product
herein required, and in the manner of the detailed Scope of Work set forth on the attached
Exhibit" A", and shall incur all associated costs, including reproduction and printing, secretarial
work, telephone charges, travel including automobile charges, for said Fee.
c. Reductions in Scope of Work.
City may from time to time reduce the Scope of Work by the Consultant to be performed
under this Agreement. City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the Fee associated with said reduction.
3
IO-~
d. 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 ("Additional Services"). Prior to the commencement of such work, Consultant and City
shall determine the scope, duration, and cost of the additional services, including expenses, and
shall reduce the description of said services to a written document of work product deliverable,
providing a not-to-exceed cost. The cost shall be based on the rates set forth on Exhibit "B".
Each such additional services deliverable shall be payable at 100% of the amount of the
deliverable upon acceptance of the deliverable by the Public Works Director, or his designee.
The aggregate of all such additional services shall not in any event exceed $7,000.
3. Administration of Contract:
The City hereby designates the Director of Public Works, or his written designee, as its
representative for the review and administration of the work performed by Consultant herein
required .
4. Term:
Consultant shall perform all of the Defined Services herein required of it by not later than
December 31. 1992, and shall abide by and comply with any interim time frames and milestone
dates that are or may be set forth in EXhibit "A".
a. Liquidated Damages.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the General Duties and Defined Duties specified within the allotted
time period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the respective
work assignment, the consultant shall pay to the City, or have withheld from monies due, the
sum of $100.00.
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the Public Works Director, or his designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
4
)0 ~ t l>
5. Financial Interests of Consultant:
Consultant warrants and represents that neither he, nor his immediate family members,
nor his employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in the property which is the subject matter of the Project, or in any
property within 10 radial miles from the exterior boundaries of the property which is the subject
matter of the Project, or ("Prohibited Interest") except as listed on an attachment.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates. Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that neither Consultant nor his immediate family members, nor his
employees or agents, shall acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or
for any third party which may be in conflict with Consultant's responsibilities under this
Agreement.
6. Hold Harmless:
Consultant agrees to defend, indemnify and hold harmless the City from and against all
liability, cost and expense (including without limitation attorneys' fees) arising from loss of or
damage to any property whatsoever or injury to or death of any person 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 finished or unfinished 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 amounts payable hereunder, and less any damages
caused City by Consultant's breach. City shall not unreasonably withhold a finding of
satisfactory work on such matters.
5
II?.. II
8. Errors and Omissions:
In the event that the City Engineer determines that the Consultan~' 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 shall reimburse City 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 and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. City shall not unreasonably withhold a finding of satisfactory work on such
matters. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
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.
11. Ownership, Publication, Reproduction and Use of Material:
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express written consent of City. 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. Notwithstanding the foregoing, Consultant may retain a copy of its workpapers.
12. Independent Contractor:
6
IP ~/2.
City is interested only in the results obtained and Consultant shall perfonn as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept 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 City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave benefits.
13. Responsible Charge:
Consultant hereby designates that Nora Bryan 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 City
unless a claim has first been presented in writing and filed with the City of Chula Vista and
acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and such
policies and procedures used by the Ciiy in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the tenns of this Agreement.
15. Attorney's Fees
Should that dispute result in litigation, it is agree that the prevailing party shall be entitled
to recover all reasonable costs incurred in the defense of the claim, including costs and
attorney's fees.
16. Statement of Costs.
. In the event that Consultant prepares a report or document, or participates 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.
7
1/)_/3
17. Miscellaneous.
a. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
b. ( ) Consultant is Real Estate Broker and/or Salesman.
If the foregoing box is marked, the Consultant and/or their principals is/are licensed with
the State of California or some other state as a licensed real estate broker or salesperson.
c. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, or sent by reliable receipted messenger service, at the addresses identified adjacent
to the signatures of the parties represented.
d. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement 'and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
e. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement;
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
f. Governing LawIVenue.
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.
8
1/).14
SIGNATURE PAGE
TO
AGREEMENT WITH
ERNST & YOUNG
FOR GIS CONSULTING SERVICES
IN WITNESS WHEREOF, City and Consultant have executed this Agreement this day
of , 1991.
ERNST & YOUNG
By, ~ii"'0tatP')
davl An rews p
Client Executive Partner
CITY OF CHULA VISTA
By:
Tim Nader
Mayor, City of Chula Vista
Attest:
Beverly Authelet,
City Clerk
Approved as to form:
~\.~'-"
D. Richard Rudolf,
Assistant City Attorney
//)./s11(}-liJ
EXHIBIT LIST
TO
AGREEMENT WmI
ERNST & YOUNG
FOR GIS CONSULTING SERVICES
Exhibit A. Scope of Work and Schedule
Exhibit B. Payment and Rate Schedule
10
//).../~
Task 1.
Task 2.
Task 3.
Task 4.
EXHIBIT · A.
SCOPE OF WORK AND SCHEDULE
Develop detailed work plan.
Conduct two engagement kick-off meetings.
Review the previous GIS study.
Survey 6-7 user departments.
Interview 3-5 selected users from 6-7 user departments.
Identify and recommend GIS applications development
priorities.
Assess and recommend database conversion phasing
strategy.
Develop a recommended approach and general direction for
system development and implementation.
Develop a set of functional/technical specifications for the
GIS system hardware and software.
Develop benchmark requirements and objective evaluation
criteria, based on requirements.
Develop and distribute RFP.
Review and evaluate up to 8 submitted proposals.
Assist in developing a short list of vendors, and in further
evaluation.
Assist in making final selection.
Develop a set of functional/technical air photo and
conversion specifications.
Develop objective evaluation criteria, based on
requirements.
Develop and distribute RFP.
Review and evaluate up to 8 submitted proposals.
Assist in developing a short list of air photo/conversion
vendors, and in further evaluation through interviews and
review of previous work.
Assist in making final selection.
11
1/)~/7
Estimated
Schedule
(From NTP)
Week
1
2
3
4
5
6
6
7
8
10
10
14
15
19
11
13
15
19
20
21
EXHIBIT "B"
PAYMENT AND RATE SCHEDULE
Deliverables (work products)
Task 1 -Detailed work plan; including
kick-off meetings.
Task 2a -Requirements review
memorandum.
Task 2b -Strategic Direction document,
including meeting findings, brief needs
analysis review, identification of
application priorities, and recommended
approach.
Task 3a - R F P, i n c 1 u din g
functional/technical GIS system
specifications, and Benchmark
requirements and evaluation criteria.
Task 3b -Evaluation report and
recommendations for the GIS system
(includes availability at the appropriate
Council meeting).
Task 4a -RFP functional/technical GIS
database specifications including aerial
photogrammetric requirements, database
design, survey control, data capture
methodology, formats, scales and
resolutions, and accuracy requirements;
and GIS database and base map
conversion proposal evaluation
procedures and evaluation criteria.
Task 4b -Evaluation report and
recommendations for database and base
map conversion (includes availability at
the appropriate Council meeting).
Total:
* The accumulated retention shall be
paid upon final acceptance of all of the
deliverable items.
Not-to-exceed
Fee (includes
Expenses)
$ 5,936
$15,142
$10,916
$ 9,981
$ 7,604
$ 8,666
$ 7,439
$65,684
12
II), III
Retention
$ 594
$1,514
$1,092
$ 998
$ 760
$ 867
$ 744
$6,569*
Progress
Payment
$ 5,342
$13,628
$ 9,824
$ 8,983
$ 6,844
$ 7,799
$ 6,695
$59,115
EXHIBIT "B" (continue)
PAYMENT AND RATE SCHEDULE
The following are hourly rates for services related to the City's GIS project, and shall be
effective until December 31, 1992.
These rates shall also be used to determine the fee for the additional services as a deliverable
item as set forth in Section 2d. of this Agreement.
Jeff Poppe $210
Nora Sherwood Bryan 109
Ken Meade 90
Nina Hutchinson 88
11l-lq 13
COUNCIL AGENDA STATEMENT
Item #--4--
Meeting Date: 11-26-91
SUBMITTED BY:
Resolution 1(.4 'l.~ Approving Consulting Contracts for services
to the City to Review and Advise on Sewer Issues between the City of San
Diego and City of Chula Vista and waiving the normal selection process.
Director of Public Works r
City Manager>?
.r; 4/5th Vote (Yes No X )
ITEM TITLE:
REVIEWED BY:
The CIP provided funds for the City to retain expertise in the areas of Engineering, Legal, and
Finance, to guide and advise the City in reaching a decision on the course of action for the City
to take in the future, and to assist us in negotiating issues with the City of San Diego for current
Metro I cost issues.
RECOMMENDATION: That Council approve the resolution.
BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION:
Chula Vista has been a Participating Agency in the Metropolitan Sewer System since its
inception in the early 1960's. The system is owned and operated by the City of San Diego while
the Participating Agencies (i.e. Chula Vista) each own capacity rights in the system. The Metro
Sewer System is composed of the Point Loma Primary Treatment, Plant Pump stations, and
several miles of a Collection Trunk system.
After the original system was constructed, the Federal law was changed to require that the
minimum standard for sewage treatment was to be "secondary" as opposed to "primary"
treatment. Secondary Treatment is a process, in addition to Primary treatment which removes
75% of the Solids, also biologically further treats the sewage to remove another 10 to 15% of
the solids, and reduces the BOD (Biological Oxygen Demand). The City of San Diego
embarked on a planning effort to redo the treatment system. The new plan envisioned a series
of plants that would treat sewage to standards such that the resulting treated water could be
reused. In 1990 dollars, the cost to build phase I (234 million gallons per day) to secondary
standards and about 1/3 of that amount to be reused, was $1.85 billion. Additional costs to
complete the system could approach $2.6 Billion. If costs were to be spread equally among the
Agencies, monthly sewer rates for Chula Vista residents could approach $30 to $40 per month,
compared to a rate in 1987 of $8 per month. The capital costs for Chula Vista during the next
10 years is estimated now to be +/- $150 million.
\\ - I
Page 2, Item II
Meeting Date: 11-26-91
Because of the enormous costs anticipated, the City hired Dudek & Associates, Civil Engineers,
to perform a study to look at the City constructing its own water reclamation plant. The study
also compared alternatives of staying with the Regional system fully or partially. Chula Vista
was the only Participating Agency that Dudek did a comparative study for. The Executive
. summary of that report was given to you in the "CLEAN WATER PROGRAM" notebook
given to you in January 1990. If you need another copy please make staff aware. Since that
study was completed, several changes have occurred that warrant further study.
1. The San Diego City Council has decided to take a new look at the whole program,
including water reclamation. This may change costs to each Agency.
2. There is a proposed new ownership and governance structure, called the Special Act
District (SAD), similar to the County Water Authority, that would most likely spread
costs equally over all areas. Since Chula Vista has excess capacity in the metro system,
we are concerned that cost equality may not be equitable to Chula Vista.
3. The City of San Diego, with the support of all the Participating Agencies, is seeking
relief of converting Pt. Lorna to secondary treatment. If approved, it could save the
system approximately $1 billion.
4. Other alternatives should be analyzed, to determine if Chula Vista should go independent,
or partially independent. For example, instead of Chula Vista building an outfall, we
should analyze sharing in the Border outfall being proposed by the Federal Government
for treating Tijuana Sewage. Also the costs and assumptions in the original study should
be reanalyzed.
5. Whether or not a Special Act District will be established by July 1993, there is a need
to renegotiate all the agreements between the City of San Diego and Chula Vista to deal
with all costs issues between now and July 1993. San Diego will be issuing bonds for
the first projects of the Clean Water Program (CWP) prior to the SAD being established.
All the cost sharing between San Diego and the Participating Agencies needs to be agreed
upon. Charges for Operation and maintenance are charged based on flow only. The new
laws require that the Participating Agencies also be charged based on quality of sewage.
6. If Chula Vista decides to totally or partially remain with the Regional System, we need
assistance in developing the detailed arrangements and agreements to form the district,
including our form of membership. For example, El Cajon believes it is more prudent
not to join the SAD, but remain with the original participating agreement, that is to
remain in a contractual arrangement with SAD, rather than as a member.
\\~1-
Page 3, Item II
Meeting Date: 11-26-91
Because the above issues are substantial, and present changes to the assumptions in place at the
time the original Dudek study was conducted, the City needs to seek consultants with expertise
in Engineering, Law, and Finance. Chula Vista does not have the expertise in house to
adequately provide the varied services needed for this project, although staff is heavily involved
themselves. Due to the high stakes, staff believes outside assistance is justified.
It is proposed that the selected consultants be retained by the City to perform the following
tasks:
1. Review the current Metro Sewer Agreement to determine what rights and responsibilities
each agency has. This is particularly important considering the major changes anticipated
now, which were never anticipated in 1961.
2. Review and audit the cost figures provided us by the City of San Diego. Identify all the
components of the Clean Water Program, and determine if Chula Vista should share in
all those projects, or based on our Agreement, negotiate a different position.
3. Revisit the Dudek Wastewater Treatment, Disposal and Reclamation Feasibility Study
of 1990, to check assumptions and look at other options. For example, the Dudek study
configured total independence from Metro, by building a short ocean outfall at Imperial
Beach. We should also look at an alternative of sharing in the cost for the South Bay
Federal Plant outfall.
4. Advise the City of Chula Vista on options to finance a treatment system, should we
decide to fully or partially leave the Metro System.
5. Assist Chula Vista staff in negotiating modifications to the 1961 Sewer Agreement.
6. Advise the City member on the Governmental Advisory Group (GAG), in future issues
arising in those meetings.
7. Other tasks and studies as requested by the City Manager, City Attorney, Director of
Finance and Director of Public Works.
Staff believes it better to hire three separate consultants each reporting to the City. The
consultants were recommended by the City Attorney, Director of Finance, and Director of
Public Works. They are:
Engineering
Finance
Law
Dudek and Associates
Deloitte & Touche
Dwight Worden
\ \ ~ ~
Page 4, Item I /
Meeting Date: 11-26-91
CONSULTANT SELECTION PROCESS
The normal process would be to develop an RFP , (either one RFP asking for a team with
necessary expertise or 3 separate RFP's for individual skills), advertise for proposals, go through
interview process, and then negotiate with a firm or firms for a contract or contracts (if more
than one consultant). This process could take several months to complete.
For the following reasons staff recommends using sole source contracts for this work:
I. The decision process is ongoing at the City of San Diego, and there are changes every
day which may have impacts on us. We don't have the time to go through a selection
process that could take several months.
2. The Engineering Consultant, Dudek and Associates, did the original study for Chula
Vista, and has been following the CWP process ever since. Staff believes they are
uniquely in a position to give us the most help for the least amount of cost.
3. The City Attorney has approved using the services of Dwight Worden. Mr. Worden has
sanitary district experience for North County Districts, is located in San Diego County,
and has been representing us in the SR-125 Lawsuit. Staff doesn't have experience with
other attorneys with sanitary experience and who also don't represent other Metro sewer
members.
4. Staff did investigate two Financial Consultants, Iun Onaka and Deloitte & Touche.
Although the City has had a good experience with Mr. Onaka, (he performed the fiscal
analysis for the General Plan Update), his skills were limited more to economic
alternative analysis. Deloitte & Touche have more varied expertise on their staff and can
provide the services that Mr. Onaka would offer plus give us an accounting expertise that
is needed. Deloitte & Touche is our Auditor and the Finance Director is satisfied with
their services.
It is proposed that the contracts with each consultant be flexible and on a time and material basis
and be approved by the City Manager. Initial contract amounts will be "not to exceed" amounts
without approval of the City Council. It is proposed that the "not to exceed" amounts be:
Dudek & Associates
Dwight Worden
Deloitte & Touche
$40,000
$20,000
$25,000
FISCAL IMPACT Funds are budgeted in project # SW-205 Metro Sewer System Upgrading-
Consultant Services- Phase III
C:WP51DOC/SEWCON
112191
\\~'1
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONSULTING CONTRACTS FOR
SERVICES TO THE CITY TO REVIEW AND ADVISE ON
SEWER ISSUES BETWEEN THE CITY OF SAN DIEGO AND
CITY OF CHULA VISTA
The City Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, the CIP provided funds for the City to retain
expertise in the areas of Engineering, Legal, and Finance, to guide
and advise the City in reaching a decision on the course of action
for the City to take in the future, and to assist us in negotiating
issues with the City of San Diego for current Metro I cost issues.
WHEREAS, it is proposed that the selected consultants be
retained by the City to perform the following tasks:
1. Review the current Metro Sewer Agreement to determine
what rights and responsibilities each agency has. This
is particularly important considering the major changes
anticipated now, which were never anticipated in 1961.
2. Review and audit the cost figures provided us by the City
of San Diego. Identify all the components of the Clean
Water Program, and determine if Chula vista should share
in all those projects, or based on our Agreement,
negotiate a different position.
3. Revisit the Dudek Wastewater Treatment, Disposal and
Reclamation Feasibility study of 1990, to check
assumptions and look at other options.
4. Advise the City of Chula vista on options to finance a
treatment system, should we decide to fully or partially
leave the Metro System.
5. Assist Chula vista staff in negotiating modifications to
the 1961 Sewer Agreement.
6. Advise the City member on the Governmental Advisory Group
(GAG), in future issues arising in those meetings.
7. Other tasks and studies as requested by the City Manager,
city Attorney, Director of Finance and Director of Public
Works.
WHEREAS, the following consultants are being recommended
by the city Attorney, Director of Finance, and Director of Public
Works:
\\ - S'
Engineering
Finance
Law
Dudek and Associates
Deloitte & Touche
Dwight Worden
WHEREAS, it is proposed that the contracts with each
consultant be flexible and on a time and material basis and initial
contract amounts will be "not to exceed" amounts without approval
of the city Council in the following "not to exceed" amounts:
Dudek & Associates
Dwight Worden
Deloitte & Touche
$40,000
$20,000
$20,000
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the consulting
contracts with Dudek & Associates, Dwight Worden, and Deloitte &
Touche, copies of which are on file in the office of the City Clerk
for the purpose of advising the City and its staff on sewer issues
between the city of San Diego and the city of Chula vista.
BE IT FURTHER RESOLVED that the city Council of the city
of Chula vista does hereby waive the consultant selection process
and directs the Mayor to execute said agreements with the
aformentioned consultants.
Presented by
as
orm by
J
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\RS\sewcon
\\-l.D
Agreement between
City of Chula vista
and
Dudek & Associates,Inc.
for
Engineering ConsUlting Services
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as
of the date last executed between the parties, between the city
of Chula vista ("City"), a municipal corporation of the State of
California, and the person or entity designated on the attached
Exhibit A as Consultant, ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, In September, 1990 Consultant prepared a study for
the City entitled Wastewater Treatment, Disposal, and Reclamation
Feasibility Study (Feasibility Study) regarding City'S options
regarding the city of San Diego'S Clean Water Program; and,
Whereas, City requires further, more detailed analysis of
legal, financial, and engineering options and/or alternatives to
continued participation in the Metro Sewer System; 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 City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
a. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, paragraph 1, entitled "General
Duties";and
b. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, paragraph 2, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames therein established (time being of
the essence of this agreement). (The General Duties and the work
required in the Scope of Work and Schedule shall be herein
2pty4.doc Std 2party
1
11/26/91
referred to as the "Defined Services").
c. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
d. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 3.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 3, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the city may otherwise carry
("Primary coverage"), and which treats the employees of the city
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 3, unless Errors and Omissions coverage is
included in the General Liability policy.
e. Proof of Insurance Coverage.
certificates of Insurance. Consultant shall demonstrate
proof of coverage herein required, prior to the commencement of
services required under this Agreement, by delivery of
certificates of Insurance demonstrating same, and further
indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
Policy Endorsements Required. In order to demonstrate the
Additional Insured coverage, Primary Coverage and Cross-liability
Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement
to the City demonstrating same.
2. Duties of the City
2pty4.doc Std 2party
2
11/26/91
a. Consultation and Cooperation
City shall regularly consult the Consultant for the
purpose of reviewing the progress of the Scope of Work and
Schedule and to provide direction and guidance to achieve the
objectives of this agreement. The city shall permit access to
its office facilities, files and records by Consultant throughout
the term of the agreement.
b. Compensation
City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set
forth in Exhibit A, Paragraph 4 adjacent to the governing
compensation relationship indicated by a "checkmark" next to the
appropriate arrangement.
c. Reductions in Scope of Work
city may independently, or upon request from
consultant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
d. 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 and Schedule ("Additional Services"), and upon doing so in
writing, Consultant shall perform same on a time and materials
basis at the rates set forth on Exhibit A, Paragraph 5, unless a
separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
3. Administration of Contract
Each party designates the individuals ("Administrators")
indicated on Exhibit A, Paragraph 6, as said party's contract
administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4 . Term
Consultant shall perform all of the Defined Services
herein required of it by not later than December 2 , 19~,
and shall abide by and comply with any interim time frames and
milestone dates that are or may be set forth in Exhibit A,
paragraph 2.
a. Liquidated Damages
2pty4.doc Std 2party
3
11/26/91
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
fOllowing penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the city,
or have withheld from monies due, the sum of $100.00.
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Administrator, or his designee, prior to
the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress
of the work.
5. Financial Interests of Consultant
a. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 7, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
city Clerk on the required statement of Economic Interests in
such reporting categories as are specified in Paragraph 7 of
Exhibit A, or if none are specified, then as determined by the
city Attorney.
b. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
c. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
2pty4.doc std 2party
4
11/26/91
Consultant's duties under this agreement.
d. Promise Not to Acquire conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
e. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the city Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
f. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 7.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise city of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of city.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of city.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless
the city, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
2pty4.doc Std 2party
5
11/26/91
(including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the city, its
officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the City, defend any such suit or action
brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any
prior or subsequent declaration by the Consultant.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's 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 finished or unfinished 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
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
8. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' 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 , Consultant shall reimburse City
for any additional expenses incurred by the city. Nothing herein
is intended to limit City'S rights under other provisions of this
agreement.
9. Termination of Agreement for Convenience of City
city may terminate this Agreement at any time and for any
reason, by giving specific written notice to 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
2pty4.doc std 2party
6
11/26/91
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 and equitable compensation for
any satisfactory work completed on such documents and other
materials 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.
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 not unreasonably deny.
11. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the united states or in any other country without the express
written consent of city. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
12. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept 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 City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the city of Chula vista and
2pty4.doc std 2party
7
11/26/91
acted upon by the City of Chula vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula vista Municipal
Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by the city in the
implementation of same.
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
the terms of this Agreement.
14.
Attorney's Fees
Should a dispute ar1s1ng out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
15. statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
16. Miscellaneous
a. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind city
to any contractual agreements whatsoever.
b. ( ) Consultant is Real Estate Broker and/or Salesman
If the foregoing box is marked, the Consultant and/or their
principals is/are licensed with the State of California or some
other state as a licensed real estate broker or salesperson.
c. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified adjacent to the signatures
of the parties represented.
d. Entire Agreement
2pty4.doc Std 2party
8
11/26/91
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
e. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
f. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the city of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula vista.
[end of page. next page is signature page.]
2pty4.doc std 2party
9
11/26/91
" "No'l7-g" ~1-~05:'54PM dUDEI<' ~&' R5S0cIAtES"-J5A.. TEL NCJ: FAX 619 691 '5171
11362 P:P. 2
Siqnatur. paqe to
Aqr..ment between
city ot Chula Vista
and
Dudek , A.Boolatea, ~no.
tor
Bngineerinq Consulting Servioes
IN WITNESS WHEREOF, city and consultant have executed this
Agrea.ant t.hi. 26th day of November , 1991
.
CITY OP CHULA VISTA
By:
Tim Nader
Mayor, City of Chula Vista
Atteot:
aeverly Authalat,
City Clerk
ApprOVed .a to form:
8ru~. H. Bcoqaard,
City Attorney
DUdek~Sociates, Inc. ,
By: A>_~~U.~"
ran-kD;ide:{, President
2pty4.doc Std 2Party
10
11/22/91
<J).tc 'YYl- /I
standard Two-Party
Exhibit A
Reference Date of Agreement: December 3.1991
Effective Date of Agreement: December 3.1991
City of Chula vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Dudek & Associates,Inc.,
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
Address: 605 Third street, Encinitas, CA,92024
(619) 942-5147 FAX (619) 632-0164
1. General Duties:
Provide engineering (planning, preliminary design, cost
estimating, economic analysis, and regulatory analysis),
environmental, and administrative consultation on an on-call
basis to analyze and respond to City continued participation in
the Metro Sewer System.
2. Scope of Work and Schedule:
Detailed Scope of Work:
A. Attend key meetings with Chula Vista's staff and other
consultants to develop a strategy to respond to various Clean
Water Program proposals and demands.
B. Attend key METRO member agency meetings and Clean Water
program meetings, as authorized by you, to learn what new
proposals are pending and to respond to various proposals and
information provided by the Clean Water Program staff and other
METRO member agencies present.
C. Further develop and analyze practical wastewater
treatment and disposal alternatives for Chula Vista, independent
or semi-independent from the Clean Water Program, for either
future implementation or for establiShing a negotiating position
for Chula vista.
D. Analyze and present to Chula Vista staff and Council
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 1
(if desired), working with financial and legal consultants
retained by the City, the informatin provided by the Clean Water
Program to facilitate a clear understanding of the commitments
and responsibilities associated with the proposed Clean Water
Program alternative(s), and how these commitments will affect the
city in the future.
E. Provide updates to the Feasibility study as requested.
F. Provide information to Chula vista staff on reclaimed
water systems planning, regulatory approvals, and special funding
for wastewater and reclamation facilities.
G. Coordinate with neighboring and pertinent agencies and
private land owners, such as the otay Water District, County of
San Diego, San Diego County Water Authority, International
Boundary and Water Commission, State Water Resources Control
Board, etc.
H. Perform any other tasks requested by city.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Date for completion of all Consultant services: December
2,1992
3. Insurance Requirements:
(X) Statutory Worker's compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included
in commercial General Liability coverage).
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 2
4. Compensation:
() Single Fixed Fee Arrangement.l
For performance of all of the Defined Services by Consultant
as herein required, city shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
() Single Fixed Fee Amount:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, city
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
city shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
1-
2.
3.
Fee for Said Phase
$
$
$
lThe difference between a single fixed fee amount with phased
payments and a phased fixed fee amount is that, in a single fixed
fee amount all of the work is required for all of the
compensation. Payments are phased to help with consultant cash
flow. In a phased fixed fee arrangement, the city has the
authority to cancel or require performance under subsequent
phases, so that the compensation is due just for the phase of
work required, and not for the total amount.
.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/9lPage 3
(X) Time and Materials
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time and materials spent by Consultant in the
performance of said Services, at the rates or amounts set forth
hereinbelow according to the following terms and conditions:
( )Not-to-Exceed
Arrangement
Limitation
on
Time
and
Materials
Notwi thstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for
$ including all Materials, and other
"reimburseables" ("Maximum Compensation").
( X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $ 40.000 ("Authorization Limit"),
Consultant shall not be entitled to any additional
. compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/9Ipage 4
5. Rate Schedule2
Category of Employee
of Consultant
Name
Hourly
Rate
Manaaina Enaineer
Frank DudekCM.S.1P.E.
$104
suoervisina Enaineer
steve DeerinaCM.S.1P.E. __$94___
Gail MasutaniCPh.D.1P.E. __~___
Associate Enaineer
( ) Hourly rates may increase by 6% for services rendered after
[month], 19 , if delay in providing services is caused by City.
"Reimburseables" Separately Paid For by City
Cost or Rate
(X) None
( ) Materials
Reports
copies
( ) Travel
( ) Printing
( ) Postage
( ) Delivery
( ) Long Distance Telephone charges
( ) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
2This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring additional work.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 5
6. Contract Administrators:
City: John P.Lippitt, Director of Public Works, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA
92010, (619) 691-5294.
Consultant: Frank Dudek, Dudek & Associates,Inc., 605 Third
street, Encinitas, CA,92024
(619) 942-5147 FAX (619) 632-0164
7. statement of Economic Interests, Consultant Reporting
categories, per Conflict of Interest Code:
( ) Not Applicable.
(X) FPPC Filer
(X) Category No. 1.
( ) Category No. 2.
( ) Category No. 3.
(X) Category No.4.
( ) Category No.5.
Not an FPPC Filer.3
Investments and sources of income.
Interests in real property.
Investments,
property and
subj ect to the
or licensing
department.
interest in
sources of
regulatory,
authority
real
income
permit
of the
Investments in business entities
and sources of income which engage
in land development, construction
or the acquisition or sale of real
property.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the city of
3If Consultant, in the performance of its services under this
agreement: 1) conducts research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of. the control and direction of the City
or of any City official, other than normal contract monitoring;
and 2) possesses no authority with respect to any City decision
beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
2pty4-a.doc Exhibit A, standard Form Two Party Agreement
11/26/9lpage 6
Chula vista (Redevelopment Agency)
to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the designated
employee's department to provide
services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project property, if any:
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 7
~~"u ~~__ ~~._~
-"-'.' ...... '- :;;:1'-
.365 Pe2
lQ,!-if-'21-. FRU6!.11' ID,CITY OF o-u.A VISTA TEL foC,FAX 619 691 $1"11
. .
, , ~II
:,,-x ~/V'-
A;r....nt _tweln
cLty .f Cbull Vi.ta
and
Del.i'" . 'hIIobe
'OZ'
Finanoial CDnaulting '.rvLoe'
Ifbb AtI1'....nt 1. ..4e .. of ~ l'aruanC8 4ata .at fOl'U 11'1
~ibit A, for the purpo.e. of Z'afaranC8 only, and efreO\lv, ..
of the 4ate la.t exeO\lt~ betw..n the putiea, ba1:.,..n ~a city
Of Chull'Vi.ta ("tity.), a INnicipll corporation of the .taU Of
California, aft4 the perton or entity 4a.lvnatad on the attach.d
lXhibit A a. con.ultant, ("COnaultant"), and i. ..4a with
retereno. to tbe fol1owln; taat.:
..oitala
'_ Wh.re.., 11'1 '.ptember 1110 Dudek I At.oolat..,Ino. prepared
'. a .tully tor the City ent1ti.d waatawater Treat.ent, Di.po.al, and
. _~_'_ .eala..Uon ,.asibility Itudy 1,.adbiu,ty Itud)') reqard1ni
city" option. ~9ar4in9 ~. C ty of Ian Dieqo" Cl..n Wat.r
Pl'ovr.., ancl,
Wherea., City I'tqUir.. furthar, aor. 4.tailed analy.i. of
11911, financial! and Intin.ar1n9 option. an4/or alterftativ.. to
continu.d partioipation n tb. M.tro 'avar Iy.ta, aftcl,
Wh.rl.e, conaultlnt warrant. and r.pr..ent. that tb.y II"
elep.dlnoelS and .taffad in a "Mil' .uch that tiler ar. and oan
prepare 11'14 4eliver the aerviee. requir~ of COnlultant to city
within the t.1.a fr.... herein provid.d all in locor4anoe with th.
t~ al'l4 condition. of thi. Afr....nt'
NOW, THDIJ'OU, II IT UIOLVID that the city .nd conauUant
40 b~.by .~~ual1y a,~e. .. followal
1. ODn.ultant'. Duti..
a. ,oeneral INti..
I
con.ultant .bal1 perform all of the ..rvie.. d..oribtd on
the attaChed 1Xh1bit A, 'ara9nph 1, entitled "General
INti.'"lan4
b. .oope of Wo:rk aNI labedul.
In tha ,rooa.. of '*l'fOraln, and deliverlft9 .a1d "General
Dut1e.", Conlult&nt .hall allo pa:rfora all of th. ..rv1oaa
d..edbtd in ZXhibit A, .anp'aph :I, entiUe4 · 'OOP. Of WO:L'Jc and
IObadula", not inoon.i.tent with ~ General Duti.., aaaordin;
......"... Il4AA .... ........
.
.. 'A" ...
-.._-----------
--------------
------------------------
--------------------------..-----------------
-
11/~b/l~~1 15:34 D&T - San Diego
10509055 P.D3
~, and wlthin till ~i.. fir.... ~n.ln ..tUlbh.t (U.. Mll\f Of
th. ...enn or thi. 'p'naent). (Th. Genwd DIlU.. U\4 _he worlc
reQ\llrH in \1\. 100M of Work an4 .0he4ulo .hall be h.r.in
r.tUTed \0 .. tho 'DoUned l,"ioo.If).
o. .taMard of CUo
,
COn8ul~ant, 1n porforain; any lorvlc.. Uftdar thit .;r....n~,
whothu DaUnolS Invlool or Additlonal 'orvln.,lhall pertOnl in
a aannlr contiltent with that l.vel Of Q&J;. and ,kill OI'dinarUy
.xuoi.od ~ ..&bel'l of the prof...ion ourr.ntly praotioin; und.r
.1ailw aond1~1ona and 1n t~11a~ l...~lon..
d. 'lnt\ll'ane.
Con.ultant ropro..nt. th.t it and 1~. .,.nta, ttaff .nd
oubcon.ultantl ..ploy.4 by lt in oonn.otion with tho .ervlee.
r.quired to be ronder.d, ar. protect.d a,.in.t tho ri.t of 10..
by tho fol1ovini lneuranc. cov.ra;.., in tho follovln; oat"or~
1.., and to the Uaitl .pacitioCS, polioi.. of whioh UI i.lu.4 by
In.ur.no. Comp.nio. that bave a 'I.t'. ..tin; of -A, ~1... V" or
nttar, or thall ...t. with tho opproval of the CitYI
.tatutory Worlc.r'. coapan.atlon tn.ur.noo and laploy.r"
~iabl11ty Intur&nc. oovara,. in tho aaount ..t forth In the
.tt.Ched lXhiblt. A, par.qraph ,.
C....roi.l Gener.l Mlabllity .n.u~ang. inolueSin, Bu.ino..
Auto.o~il. %n.~.n.. oov.~.,. in the amount ..t forth in lXhibit
A, .ar.;raph 3, oaabln.d .1n,1. l1ait .ppliod I.par.t.ly ~o .ach
proj.ot aw.)' from premi... owned O~ ~.n~.d by Coftlultant, whioh
na... cit)' .nd Applicant .. an Additional In.ured, and whioh 11
primary to any po11oy which tho City uy othuwi.. o.rry
("Pdmary Cov.ra,."), and whioh tl'..t. tho ..ploy... of the city
.nd Applioant 1n ~. .... unn.r .. ....n of the ,.n.ral pubne
(.~o..-liabllity cov.r.,.").
Irz'orl aneS 0II1.l1on. ll\luranco, in th. Dount ..~ to~ in
lXhibit A, par.;r.ph " unl... Error. .nd OIIi..ion. Gover.,. i.
inoludad ln ~. Genor.l Li.~ilit)' polioy.
.. hoot of In.ur.no. Cov.ral"
Certifio.te. of In.ur.no.. Con.ultant .ball 4_on.trate
prOOf of covera,. heroin r~irod, prior to the oomaano...nt of
..rviee. ra;uiri4 und.r tbi. Afr....nt, by doliv.ry of '
c.rtlficata. of In.urane. doaon.tr.tln; ...., .nd turthor
indiaatin; tba~ tb. polloi.. aay not be oana.l.4 without .t 1...t
thirty (30) d.y. written noUee to the Addltion.l IftI\l1'ed.
PollO)' Indor..anta bquir.d. In ordar to d..on.trato th.
Additional :tn.ur.d Cov.r.,e, 'd..ry Coven;. and cro..-H.~Ui~y
Cov.ra,. 'r.quir.d uftd.r c.ft.ul~n~" ea...raial O.n.ral Liability
In.urano. Polioy, Con.ultant ah.l1 daliv.r . poliey endor.eaent
Ie
apty6.doCl 'td aParty
a
U/22/n
-----------------------.--------------------------------------------------------------------
....,.-.-
11/..2E.'1991 1=.:35 D&T - Sar. Diegel
10609055 P.04
to ~. city dacmat"atiftlJ .....
2. Dutit. of ib. C1.)'
a. eonlultation and coop.rat10n
City paU P9\llUly aoM\llt tht ClOM\ll\ant 101' ib.
puz'pO" of l'ev1_il\9 ~. pro;n.. of th. 'OOP. of W."k .'"
)chedul. and to provide dir.ot10n .nd ~idano. to .0hl.Y. th.
ob~.ot.1Y.. of thl. ..r....nt. 'fba el1ty .hall pen!.' .0.... U
1tl ott1ae t.ol11t1.1, tl1.. and 1'.0or4a~ conaultant thl'oufh.ut
tb. una 'of the _I"...nt.
I
~. (eo.pan.at.1cm
city .hall eoap.n..ta conlult.nt tor al1aarvio..
renclar.d b)' conaulunt .ccord1n; to the urn and 00n41tion. .tt
fortb 11'1 ~ibit A, r.nlJl'aph 6 .d~ao.nt to the 9OYH'ftinv
ooapanutJ.on nlltionl1'11p ln41oat~ by . -ahacka&rk- ntxt to tha
.ppropE'1ate an"nvaant.
o. Reduotion. in .oope of Wozok
clty aay ln4apandently, or upon requelt troa
Conault.nt, fros t1.. to ti.. radUc. tbe '.rvie.. to be parfo~ed
by t.ha con.ultant und.r thl. ~....nt. Upon 40i1'l9 .0, City an4
con.ultlnt ";re. to ...t 11'1 ,ood f.1th an4 cont.r tor the purpoa.
of n.;otl.tln; a corra.pond!n; re4uotlon 11'1 the compen.atlon
...coiatad with .ald re4uet10n.
4. IAlSditional .copa ot work
In addition to p.rfora1ng thl D"f1n14 servlo.. bareln ..t
forth, city ..y requll'a con.u1tant to perform a441donal
oonaultin, ..rvio.. r.llta4 to the a.naral Dutia. and 'oopa ot
Work .nd .oh.4ul. C-A4UUon.l 'ardo..-), and upon doiftlJ .0 ln
vri~in9, iC:onault..nt .ball partora .... on a ~l.a an4 aa1:Ul.1.
ba.l. a~ 'tho rat.. ..t fortb on ~lbit. A, .ar.vraph S, Vi'll... ·
.apar.t. fixa4 t.. 1. otharv1.a .,ra.d upon. All ooapan..t10n
for Ad41~ion.l .ervio.. .hall be pai4 aont.hly I' billed.
:I. ..1n1,tra\1on of OonUlot
Each party d..itnat.. tho individual. CPAdalni.ua\Or.")
1,,410at04 On ~i~lt A, ra~a~aph I, a. .a14 part)". oontraot
a4a1nl.trator who i. .uthorll.4 by .a14 party to raprl..nt th..
in tha rout in. adalniltratlon ot \h1. 1fZ'I..-nt.
-
~
I
"
!
6 . TIn
con.ult.nt Rall pufona III of tha DaUn" ..Z'vlg..
b.rain raqu1r.d gf it. by not latar tban~' l' .2 , and
aball a.ld. ~ and goaply with any int.r~" fr.... and I
ap~y4..0D .~ a..~y
:a
U/U/U
ail..tone 4at.. ~at are .~ ..y ~ ..t forth 1ft .xbL~l~ A,
'an;n,b a.
a. L1q\l14.td DUI,..
n :L. .oJcnWl.q" Ifl ItOth puda. ~" U.. L. of tltl
....no. in Uta OOIIplaUon of th:La .....n~. %~ b 41ft:Loult to
..t:Lut. the uount of ell,,;" r"1.l1t1n; trOll 41Uy 1n
p.donaanoa. Tha part-i.. bave p.d their jUdpant to arrive .t a
~aa.onabla aaount to ooapan..te for dalay.
I -
,
ral1yre to ooapleta ~. oef:Lne4 'arvi... w:Lt.b:Ln ~ al10tt"
tl.. p~lod .p.01.rl.4 Ln thl. Afr....nt eball ~..ult in ~
followin; penal~YI 'or .aOh oonaaouUv. O&llndar 4ay 1n _1Sd. of
tha t1ae .peoUieel for: t:h. ooaplaUon of the r..paotlv. "~lc
...ivnaent or Del:Lv.rabl.( the oon.ultant .hall pay to the Clt~,
or bave ~i~.ld frea aonl.. dU', the .um of '100.00.
I .
Tl.. .Jrt.enaion. for 4elay. Hyond the con.dun". oontl'ol,
othar than delay. oaua.d ~ ~ba cit~, &bIll .. requ..~" ln
writin; to the city" Admini.trator, or bi. de.i,,,.., prior to
tbl lXJlintion of the .peoULed tLaa. Ixtenaio". ot t1.., wh.n
;rante4, will b. ba.ed ",pon the IUlet Of 411ay. to tbl wOl'lc and
will not ~ frantleS for 4elay. to ainor portiona of work unle..
it oen ~ .bown that .uoh el.lay' 4id or: will .ellY the ,ratT...
of ~e work.
5. r:Lnancial Intereata of Con.ultant
a. Coneultant i. Deaipate4 al an ,,'C rUeI'.
It dOnll.lltant il 4..1;nat.. on lXhi":Lt A, parl,rlpb " a. .n
"npc filar", Conl\lltlnt 11 4....eS to ... a lleon.dtant" tor the
'\lrPO'" 'ot th. POlitical aetora Aot oonflict of intare.t aneS
4i,clo,ur. prov1.io~, and .ball ~eport aconoaic inter..t. to th.
city Cl.rk on the re~ir.d .tat...nt of IoOnoaic Inter..'. in .ueh
r.portinf oategorl.. a. a~' .paoifi.d in .lraJra,h 7 of lXhibit A,
or it non. ara .p.cLf1aeS, then a. d.termined by the clty Attorn.y.
b. Deo11ne to 'artioipata.
ae;a~Ql'" of wh.ther COftlultant i. d..l,n,tad a. an "PC
pl1lr, con.ultant ablll not atka, or ~tioipata in ..kin; or in
any way attempt to u.. con'\lltant'. poaition to influenoe a
,ovarnmantal d.clition 1n which eonlultant MOW' O~ ha. r'l.on to
know con'\lltant baa a flMncial inter..t other than the
coapenaltlon proalaed ~ thl. ~...ent.
o. ..arch to Detln1nl IOOnoll!o Int.n.U.
a&9ard1... of wheth.r conaultant 1. ae.1matad a. an 'PPC
Pil.r, coftlul~ant warran~. an4 r.pr...nta that con."'ltant baa
cUu',antlY oonduct.eS a ..arGh and invantory of conaulUnt' a
Ipty4.aoo .td IPar:t~
4
U/U/U
-------------------------------------------------------.-.-------...---.--------.-.--.-.-.-.----..---...-.
/"
K.
11,"26 1991 15:36 D&T - San DIego
113609065 P.06
eoo~lO '1n~ere.t., a. ~. ~e~ 1. Il.ed Ln ~. ~-.ula~L.ft8
p~~Ul,a~e4 ~ ~h. pair PolitLoal pr.otice. ,c~1..1on, ani h..
d.ters1n" ~bat con'lllAn~ 4oe. not, to the IM.t of OOn.ul~J\~I.
knOW1e491, hlvl an loonomio LntlJ:I.t .mioh wov.14 oontlln w1th
coMultant'. dutil. \and.1: tbb .wr....nt.
4. h'oab. Mot. " AoqUII" COnfl1Gtlf19 tnt.er..t...
....l'd1... ot wh.ther Con.u1t1nt 1. ae.l;n.ted al an PPPC
P11er, con.ultant fUl't.h.r van-ant. anlS Z'apzo..ant. that conault'l'It
will not. aoqulr., obt.in, or a..u.. an economic int.ra.t durint
th. tara of thl. aqr....nt which would con.tl~ut. a oonfliot ot
int..nlt I. prohll11tec by th. rdr pOlitical .raotica. Aot.
a. Duty to 'Advi.. of contl1ot.lnt tnt.n.t..
a.,ar41... of Wh.th.r con.ult.ant 1. d..l9ftatad a. an PPPC
r11ar, con.ult.nt. f~.r.warZ'ant. an4 l'apl'..ant. that coneult.ant
wl11 1...41atalJ a.vl.a th. CltJ Attozonay of clty if COn.ultant
l..zon. of an .00n08lo intar..t of conellltant'. Wbloh .,y Z'a.ult in
. conflldt of lnter..t for tha ,IlZOPO'. of the ralr 'olltical
practlc,. Act, and rlf\llatlon. pr08lll;atad ther.unlSar.
f. 'p.citic Warrantia. "Iin.t 1C0n..10 tnte~..t..
COMult.ant warrant. an4 ~.,r..anta that n.ithal' con.ultant,
nOJ: con.~lt&nt'. 1...4iat. taaily ~r" nor con.ultant.'.
..ploy... or a,.nt. (-eon,ultant. A..oolat.a.") 'I'...ntly hava anI
lnt.r..t, dlrectly or lndlrectly, ~at.c.var ln any prop.rt.y ~ oh
.,y be ~~e .~~ec~ ..~~.r of the Defined .arvle.., 01' ln any
prop.rty within a radlal .11e. troa the .xtericr boundarie. of any
property whloh ..y be th. .@~eClt ..ttar of th. Defined 'uYlo..,
("PrOhibited tnt.r..t"), other than a. li.ted in lXbiblt A,
..nvraph 7.
Con.d tant turther wan.nt. and J:.,n..nt. t.bat no nOlli.. of
future amployment, J:..une~.t1on, Dontld.ration, ,ratuity or otb.r
J:.w&J:d or ;ain ba. ~e.n aade to Con.ultant or Con.u1tan~
a..oclat.. In oonn.otlon wlth Con,ultant'. pertoraanoe ot th11
Aqr....nt. Con.ultant pro=1... ~o ,dvl.e CIty Of any tuab proal..
that ..y )te ..d. dudn, the TQ'a of thi. Af!'....nt, 01' for 12
aonth. th.reaft.r.
COnlultant I;:e.. that Con.ultant AI.oolat.. Iball not
acquir. .ny IUch trohlbltad tnt.ra.t within the Tara ot thl.
Aqr....nt, or tOI' 12 ..nth I ,tt.r the .JCplratlon ot thi.
Aqr....nt, axcept wlth tha wrltt.n permi..lon ot Cit.y.
COnlultant aay not conduct or .olicit any bu.ina.. for any
party to 'thh Ap.nant, Dr for any thlrll party ~loh ..y be in
oonflio~ :wlth con.ultant'. r..pon.l~llltl.. una.r thl. Afr....nt,
.xo.,t W~th the wrltten p.ral..1on Of Cltr. '
I. RaldRarale.'
-
I
.
I
I.~y..doo ~ I..r~y
.
~~/""~ ~
._........_-_.................-~
_._...2:-1::,~6"lSl':H 1::";,,;:,, J.)&i - :::'0" ,i..'legCi
...l;..'o;.Jl;..'_'l;.."_'_ ,. '-,'
con.ultant oall ut.nd, lnd..nU~ and bald ~1". th.
City, it. .1,~tld ana appointed offl~' ana ..,101"" rraa and
a,aln.t all Dlaia. for de"".' li~ility, ~t and ~.
(1I\c1udln; wlthout Umltation attorn.y.' f"') ad.int 011\ of the
ocm4uot of the CCln.ultant, or any a,ant or ..,101'" .uboonuao-
tor., Ol'othlU 1n connacUon with the exeouUon of tile work
oov.re4 ~y thl. Aqr..ant, excapt only for tho.. 01.18 ubin9
fro. the.al. neil1g.n~ 01' .01. wU1t\&l oon4\&at. of \he City, it.
offlgezo." or -.ploy.... 001\l\11tant" in4..nifioation .bal1 inolude
any and all 00.10.1 .xpen.." attorneya' f.e. .nd lia~111ty
ing~d ~ \b. C ty, 110. offlo.Z'a, .,.nt., o~ ..ploy... in
d.fandln, a,alna' '\lOb ola1aa. Whe'ber the .... prooea4 to
jullvaant 01' not. ~.~, Clon.ulunt at it. own aQen.. __n.,
upon wzolttan I'~a.t by tha C1t)', defand any 'Uob .ult. or a~lon
broufht. a,ain.t tha city, 1t. .ffioer., "Int., or .-plO)'....
Con.ulunt.' indnnlt1o,Uon ot city ah,U. not ba 11.1ta4 by .ny
prlor or 'Ub.e;u.nt lI.olaratlon by the COnlultant..
-
7. 'reZ'1lllnatlon of ~...ent for cau..
If ,thro\l9h any oau.', con.ultant .hall 'aU t.O fUlfill 1n a
tim,ly and prop.r manner Con.ultant'. obli,ation. und.r tIli.
A9l'....nt, or if con.ultant .ball violate an;t of tItla oovanant..,
.gl'....n(. or .tlpu1a~10n. of tAL. ~....nt, clty abal1 bava the
ri;bt to t.rainat. tbi. A;r....nt by ,ivin, vdttan notioe u
Conlulterit ot luoh tarmination .n4 .paoilylo; the .ffectlve data
thereot at 1.alt five (5) day. batore the aff.ctlv, 4ate of 'Uob
tanail\adon. In that avent, all t1nhhad or unUnhhed c1oauaantl,
data, .tl1di.., IUrv.y., clrawln9" "p" raporta .nd other
aatarlal' pr.perll! ~)' Con.ultant .ball, .t th. option of the clty,
baOoal tIl. irDPutY of the city, and Conlultent Ihall be entit1.a
to rlo.iv. u.t ana .qult.bl' ooap.n.atlon for any work
.ati.f.otor 1y oamplet.d on IUch 4aouaant. anll other ..tarlal. up
to tbe affeo~lv. Gat. of Motio, of Termination, not t.o .xcaad th.
..ount. payable ber.un4er, .nc1 1... any d...;a. cau.ad City by
c:on.ultant'. bra.ah.
I. IIrn~..nd oai.dona
In th. avant tIlat th. Clty Adalnbtraur ..tal1ls,,,.. that thl ·
Con.ultant.' 1\&91i9.no" errOl'l, or oai..lont in the pertoraanc,
of work und.r thil Aqr...ant ha. ralulta4 in aKplft.. \0 City
treater than would hav, r..ulte4 if thaI" war. no .uah "1,11,.nol,
.nor., oal.lion. , Contulunt .h.ll r.labUZ'" city for any
adUt1on.l .xpln,l. 1noul'X'.4 by the C1ty. Nothlng huein 11
intan4.d to 11.it. City" ri9ht. under otA.r provl.lon. of tbi.
avra.aant.
, . TeninaUon of AiX'....nt for convanlanoa of City
I
Ip~y..oao .~ ...r~y
.
11/11/11
---...------...-----------------------------------------------_.----.----------------
11/26/1991 15:38
D&T - San Diego
10609065 P.08
'''''' -
C1"1 "11' t..in."e ~s.. ~A..-nt at an)' "1.' a1\4 fo~ any
I'...on, .", Ii-Vi"" .~oi.fl.o WZ'it".n DOtioA "0 con.lll"'''. .f 11Iob.
te~ina'1tft and ,peolryiftl _be .rcaat1ve d&~' ~.of, at la..t
~irty (:to) elay' before tIl. Itt.ctlvl OaU or ,UCh "rail\&don. In
~a" avant, aU. f inilha4 an4 unflni.tle4 dOCUUnt.1 aneS otber
..udall "'ClX'il:*1 b.reinabOV' man, at the opt.l0ft of tha ci.ty,
",cOld Ct.t.)'" tOll and IIXclUlive property. 'If t.ba AlIr....ftt 1a
"aninated bY city .a provielaO in thil pantra,b, COft81l1t.ant .hall
.. antitleeS to raoaiv. jot anlS aquitdla goapan.adon for any
aaUanotor)' work OOIIpl.t.ad on allab eloowaant.. a_ other .."Idall
~o the ettactiva elate of .1IGb tarainatian. Oon.ultant. barlby
.-pre..1Y waival any ancl .11 0111.. for ....,.. or ~atloft
addnt ~.~ \lobh Afr....nt. exoept. a. .et. f~ lUI~dn.
10. ...ip_1Ut.)'
I
Th. '..n1c.' of con.ultant 11" peraonal to tha city, aM
con.ultaftt aball not ...19" any intera.t 1n thi. ~r....nt. anA
lIhaU not tran.ter any intere.t in thl aama (Wh.ther bY a.dlJNWnt
OX' novaUon), without prior writtan con..nt of city, whiob city
uy not \UU'...onablY elany.
11. owner.bip, Pllbl1oation, upr04uouon anA U.. of II&terial
.11 I'.port., Ituell'., 1nfo~atlon, elata, Itatllt10', fo~,
d.__lp't plan., proodur.., 'Y'U.' and any other ..teria1a or
p~opet't.l.. pro4uo&4 un4.r ~i. J4t'....nt aball be ~. 801. anel
oclua1ve property of city. "0 .uch ..udal' or pro~l..
produo.1S ,ln whole or in part u.nd.ar thb a.;r.emant ahail be .ub~.gt
to pdva(. u.., copyr1;bU or patent r1;1\t. ~ coftlultant 1n tb.
un1te4 lut.. or in any oth.r oountry without tonl axPr'.' writt.n
oonlant of city. city .hall bava Qftr..triot..<< autbority to
pWlliah, lel!ao1oa- (IXO_pt a. .ay be 11ait.4 by ~a ,rov1liona of
~. P\IJ:llio Moor4. Act)! 4i.td~\l'''' and otherwil. ",a', ooptl'i9ht
or ",tent, 1n whole or 1n part, eny '\loh report., It1l4i.., uta,
luti.UClI, ton. or other ..t.edal- " proparti" pr04lloe4 unclar
tb.i- J4r....nt.
13 . %ftOlp.ftOant contrector
city i_ 1nter..tad onlY 1n the r..ulta obtained and.
conau.ltant Iball perfo~ .. an 1n4epancSant. oontractor with .01.
control of U' ,,1'11'1'1' .n4 ...na of partormlft; tha ..rYlo.'
required under th!. Mr...ant; City ..intainl tba r1;ht. onlY to
raj.ot or looept con.ultant'a work product.. oon.ultant an4 any
of tha Oon.",ltant'. a,ant., emplOY'" or Z'apra..ntativea ua, eoI'
.u. pUPo.a. ",n4ar thil Mr..aant.. .n ln4epan4ent oontraotor .n4
ahan not be ,...&4 to be all .ploy.. vt City f an4 non. of tham
_baU beanti.t1ad to any beneritl to wbiob CUy .,loy.'. are
.nt.1tla4iftOlu41n, bUt not 15..it.4 to, overd.', ~.dnaant
baneUta,' worker" ooap&naation ben.u.t., 1n'un' laava or oth.r
leave Mri.t1ta.
IP~Y4..od .~. ...r~y
'J
U/U/tl
~
J.1 ;;;..~ 1991 1':.:39 D2T - Soar-. Dleqo H:Jb~-='~JO=' r.t:):::'
~~-'l::fl toW! 1b:t.. lutLI.1Y LI' ~ Vi:>''''' '.... I...,.r""" '"'...., ... ..,...... --.. .-.,
13. adminbuaUva Clas.u bql.aiZ'...nu aNS ftooed\ae.
Ko ~uit ot Ubiu.UOft 1ha1l be broutht ad.in; out of tb1l
.,r....n~, .,a1n.~ th. cl~y unle.. a 01a1. baa fl~.t ~an
pz'e..n~e4 1n wd~1n, and riled w1~h tba Cl~:r of Chuta Vb" and
aote4 upOn bf ~ c1tI or Cbula vi.ta ln .ooo~ with ~a
procedure. ..t forth n Chapter 1.'6 of \be Cbula Vi.'a Muftioipal
Cocl., a. .... ..y fro. ti.. to tiae Ita aun4e4, ~ pZ'OYldon. or
vblClh are inoorpozoatll4 ~ \bl. r.terlnoa a. 1t lu11y eat forth
blnln, anel .uob poUe1t. aM prOOl4ur.. u.1I ~ \b. Clty in \ba
tlpl...~.'l.n .f .....
Upon :r.au..t _ Clty, conlultant .ball ..et and confer 1n
9004 faith with City tor the PUrpol. of r..olv1nv anf 41.puta oval'
the taru of tIli. A91'....nt..
1.4 . At.tome, I. ....
'hou14 a 41.,ute ari.inv out of \b1. Afr....nt re.ul' in
11t19ation, it i. .vre.d tIlat the preva111n, party .ball ba
ent1tled 'to rloovar all Z'''lona~la oo.t. inourrll4 1n the detenae
of tIl. 0111., inolu41nv DOlt. and .t.tomorl. f....
I
11. "a~nt of CO.'I
I
In ~. avant that O_nlultant ,raper.. a report or 4oouaant,
or ,artl01,a'a. ln \b. ,reparation of . r.port or clooua.nt. in
,erfo~ift9 \be Pefined ..rvie.., COn,ultant .ball 1nolull., or
OIu.a \ba lnolu.ion of, ln .d4 raport or dooa.nt, . .utaaant of
the nuaberl and Doat in 4011.1' ..ount. ot all oonuaat. .nd
auboontraotl ralatlnt to tho ,r.pa~atioft of the ~aport or
lI00uent.
If. Ml.o.11an.ou.
a. eonlultant not authorl..d to a.prl.ant City
Unl... .,.01fioally authori... 1n vrltin; ~ cit.y, ODn.ultant
.hall have no authority to aot a. city'_ a,ant to bind City to any
oontraotua1 .,n...nt. what.Clever.
b. : ( ) Coftlultlnt 11 "al I.uta aX'ok.r aratA/or .a1.aan
It tih. torlfOlnt IXlx i. urJtI4, the conaulunt and/or their
principal. 1./aX'. lle.n.ed wlth th. .tate or California or ....
other .tate a. a 1101n.14 r.al ..tat. broker or I.l..par.on.
II. 'irK i...
All 'noUN', 4..a,,4. or 1'841\&..". prOYldlcl for or peralttld too
be livan "Ut'luant to tM.. A1JraIH"t lN,t be in w1tinv. All
notio..,eI..and. and retpe.tl to be Hnt to any pu'tf .ball be
"ellll4 to bave baen proper1r ,iv.n or 'l1'Vacl it perlonaUr ..rv.el
aDtv6..aa ~ ,.....v
.
" ,....,.,
. - - ~ - - . - - - - - - - ~ - - - - - - - - - - - - - - - . - - . - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .
--- ,..J__."",:"_
1Ot'22-'91 FRI 16:20 It)lCITY OF t"I.Il R \,IISTR TEl- ~'FFlX_619 6915111
11-'2t:, 1991 15:39 D~T - San r'le'go
1 1:::JoU=,Ut:,::'
r.J.L1
lQ65 ,..111
I
or "poel~_ in _a unltMl .t.a~ae _U, dU..... .0 nA ..ny,
polta,. pnpd./ nt1l*e4 Ol' ~I'tUla4/ with ~un &,H.lpt
nq\lut;ecl, at th. ~"I'I UenUUed .4jaoent M tM e!.fMtv..
of the pan!..e npl:''''\'''
d. 11I'I\1l'a AQI'...ent
,
'.rl\1~ Afr....nt, ut.ther witJI any other written cIowaant
Z'araX'l'edto or oontaplat.a4 herain, ---',y the anUra AtS'....nt
aM under.t.aMini bet;w..n the part-i.. zoalaUnt \0 ilha ,,,,,,,.ct.
ut.tar h.racf. ,.ither tbl. ~aent nol' any pz'cwi.len bar..f
..y be ...neled, ao4U1e4, wdftll or elilobar," axo.pt ~ an
1netruunt 1n wdtln9 "'0\1"" a>>y the ,utI a.,alnet vh10h
entoroaent gf luob ...nllalnt, walv.r or eI eohu'9' i. 'CNlJbt;.
.. ca,.011:1 of ,.I'tla.
Bach 11,natory and party h.rato b.rlb)' wanante 11\4
rapr...nt. to the othar party that 1t ha' laval authority ant!
capac1ty aM dir.ctlon froa 1t. principal to anter lnto th1.
Aire...nt I and that .11 r..olutiona or oth.r aotion. bava Man
tak.n .0 !a. to .nabl' it. to .ntar lnto thi. aqr....nt.
f. 'Govern!.", Law IVanua
'l'b1l Avr....nt Ihall 1M 9overne4 by and oonetruat! 1n
.occrelanee with the lawa of the Itata ot ca11fozonla. Any aotion
arla1nv Und.r gr r.latln, to thi. Aqr....nt .hall be broutht only
ln the fl4.ral or .tate oourte located in Ian 01890 county, ,t.at.
of california, and if appllcable, the Clt.y of Chu~a vl.ta, or ..
olo.a thar.t.o a. po..l~le. venue for thi. Aqr....nt, and
perfonartoe hareuncSer, '11.&11 be ue clt.y of Cbu1a vl.ta.
(Ind ot pa,.. n.xt ,.,_ L. .Lgnatu. pa,a.]
. . a a _ . . . . . . . . . . .. .. -. . . . . ... . -..... -:.~.,....
.
_'0' I ...' J. C"::;I_ ..l.';;'L~,U:::'Ut:,::
NOV-22-'Sl FRY 1&:21 IP.CITY OF OHUL~ UIST~ _TEL NO.FRX 619-691 ~171
r-..J...l.
lI3651"11
.
'1IM'va ..,. to
NrHUftt bet.....
City of abul. Y1lta
and
o.loitt.e . To\aObe
for
Finanaial COnlultlnr .ervia..
I
II ~ITNII' IHIlIOP,
A;r....n~ thi.
city and COna\1ltant baYI ex.aut.e4 thl.
day of , 1. .
Orn' OF ~ Y:Z:I'l'A
I~I
Ii. Maelll'
Kayol', city .t abul. Vilt.
Att..t:
Beverly Authellt,
City Clltk
I
Appl'cwl4 iu to fOI'll!
lnaoe .. laoOfAaI",
City Attorn.y
,
I
Del
Byl
.Daw ....nn,
.. .... ....
standard Two-Party
Exhibit A
Reference Date of Agreement: December 3.1991
Effective Date of Agreement: December 3.1991
city of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Deloitte & Touche,
Business Form of Consultant:
( l Sole Proprietorship
( Xl Partnership
( l Corporation
Address:Suite 1900. 701 "B" Street. San Dieqo. CA. 92101
(619)232-6500 Fax (619)237-1755
1. General Duties:
Provide financial consultation on an on-call basis to
analyze and respond to city continued participation in the Metro
Sewer System. Review cost estimates and accounting procedures
presented by City of San Diego and Dudek; advise on accounting
procedures and cost sharing proposals; advise on present value of
alternatives.
2. Scope of Work and Schedule:
Detailed Scope of Work:
A. Attend key meetings with Chula vista's staff and other
consultants to develop a strategy to respond to various Clean
Water Program proposals and demands.
B. Attend key METRO member agency meetings and Clean Water
Program meetings, as authorized by you, to learn what new
proposals are pending and to respond to various proposals and
information provided by the Clean Water Program staff and other
METRO member agencies present.
C. Further develop and analyze practical wastewater
treatment and disposal alternatives for Chula Vista, independent
or semi-independent from the Clean Water Program, for either
future implementation or for establishing a negotiating position
2pty4-C.doc Exhibit A, to Two Party Agmt
llf26f91Page 1
for Chula vista.
D. Analyze and present to Chula vista staff and Council
(if desired), working with engineering and legal consultants
retained by the City, the informatin provided by the Clean Water
Program to facilitate a clear understanding of the commitments
and responsibilities associated with the proposed Clean Water
Program alternative(s), and how these commitments will affect the
city in the future.
E. Coordinate with neighboring and pertinent agencies and
private land owners, such as the Otay Water District, County of
San Diego, San Diego County Water Authority, International
Boundary and Water Commission, State Water Resources Control
Board, etc.
F. Perform any other tasks requested by City.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Date for completion of all Consultant services: December
2,1992
3. Insurance Requirements:
(X) statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( )Errors and omissions insurance: None Required (included
in commercial General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
4. compensation:
2pty4-C.doc Exhibit A, to Two party Agmt
llf26f91Page 2
( ) Single Fixed Fee Arrangement.1
For performance of all of the Defined Services by Consultant
as herein required, city shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deli verables
set forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
Fee for Said Phase
$
$
$
l.
2.
3.
1 The difference between a single fixed fee amount with phased
payments and a phased fixed fee amount is that, in a single fixed
fee amount all of the work is required for all of the
compensation. Payments are phased to help with consultant cash
flow. In a phased fixed fee arrangement, the City has the
authority to cancel or require performance under subsequent
phases, so that the compensation is due just for the phase of
work required, and not for the total amount.
2pty4-C.doc Exhibit A, to Two Party Agmt
1l/26/91page 3
(X) Time and Materials
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time and materials spent by Consultant in the
performance of said Services, at the rates or amounts set forth
hereinbelow according to the following terms and conditions:
( )Not-to-Exceed
Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for
$ including all Materials, and other
"reimburseables" ("Maximum Compensation").
Limitation
on
Time
and
Materials
( X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $25.000 ("Authorization Limit"),
Consultant shall not be entitled to any additional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
1l/26/91page 4
5. Rate schedule2
category of Employee
of Consultant
Name
Audit Partner
Dave Hamann
Audit Manaqer
MC Senior Manaqer
Chris Heqartv
Andrew Koniqsberq
MC Senior Consultant
Robert Hudlow
Hourly
Rate
_$250_
_$100_
_$250_
_$145_
( ) Hourly rates may increase by 6% for services rendered after
[month], 19 , if delay in providing services is caused by city.
"Reimburseables" Separately Paid For by city
(X) None
Cost or Rate
(
) Materials
Reports
Copies
) Travel
) Printing
) Postage
) Delivery
) Long Distance Telephone Charges
) Other Actual Identifiable Direct Costs
(
(
(
(
(
(
Actual
Actual
Actual
Actual
Actual
Actual
Actual
2 This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring additional work.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 5
6. Contract Administrators:
City: John P.Lippitt, Director of Public Works, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA
92010, (619) 691-5294.
Consultant: Deloitte & Touche,
San Diego, CA, 92101
(619)237-1755
Suite 1900, 701 "B" Street,
(619)232-6500 Fax
7. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( ) Not Applicable.
(X) FPPC Filer
(X) category No.1.
Not an FPPC Filer.3
Investments and sources of income.
( ) category No.2.
( ) Category No.3. Investments,
property and sources of income subject to
or licensing authority of the department.
Interests in real property.
interest in
the regulatory,
real
permit
( ) Category ~o. 4. Investments in business entities
and sources of ~ncome which engage in land development,
construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities
and sources of income of the type which, within the past two
years, have contracted with the City of Chula vista
(Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments in business entities
and sources of income of the type which, within the past two
years, have contracted with the designated employee's department
3 If Consultant, in the performance of its services under this
agreement: 1) conducts research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of the control and direction of the City
or of any city official, other than normal contract monitoring;
and 2) possesses no authority with respect to any City decision
beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 6
to provide services, supplies, materials, machinery or equipment.
( ) Category No.7.
Business positions.
( ) List "Consultant's Associates" interests in real
property within 2 radial miles of Project Property, if any:
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 7
\, -1i .
\.G." 1/
~ ...... I ' .........
Agreement between
City of Chula Vista
and
Dwight Worden, APC
for
Legal Services
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as
of the date last executed between the parties, between the city
of Chula vista ("city"), a municipal corporation of the state of
California, and the person or entity designated on the attached
Exhibit A as Consultant, ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, In September, 1990 Dudek & Associates prepared a
study for the City entitled Wastewater Treatment, Disposal, and
Reclamation Feasibility Study (Feasibility Study) regarding
____)City's options regarding the City of San Diego'S Clean Water
Program; and,
Whereas, City requires further, more detailed analysis of
legal, financial, and engineering options and/or alternatives to
continued participation in the Metro Sewer System; 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 City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
a. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 1, entitled "General
Duties";and
b. scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 2, entitled" Scope of Work and
schedule", not inconsistent with the General Duties, according
2pty4.doc Std 2party
1
11/26/91
to, and within the time frames therein established (time being of
the essence of this agreement). (The General Duties and the work
required in the Scope of Work and Schedule shall be herein
referred to as the "Defined Services").
c. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
d. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 3.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 3, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the city may otherwise carry
("Primary Coverage"), and which treats the employees of the city
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 3, unless Errors and Omissions coverage is
included in the General Liability policy.
e. Proof of Insurance Coverage.
certificates of Insurance. Consultant shall demonstrate
proof of coverage herein required, prior to the commencement of
services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further
indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
Policy Endorsements Required. In order to demonstrate the
Additional Insured Coverage, Primary Coverage and Cross-liability
Coverage required under Consultant's Commercial General Liability
Insurance POlicy, Consultant shall deliver a policy endorsement
2pty4.doc Std 2party
2
11/26/91
to the City demonstrating same.
2. Duties of the City
a. Consultation and Cooperation
City shall regularly consult the Consultant for the
purpose of reviewing the progress of the Scope of Work and
Schedule and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to
its office facilities, files and records by Consultant throughout
the term of the agreement. In addition thereto, city agrees to
provide the information, data, items and materials set forth on
Exhibit ___, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization
to proceed, shall constitute a basis for the justifiable delay in
the Consultant's performance of this agreement.
b. Compensation
city shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set
forth in Exhibit A, Paragraph 4 adjacent to the governing
compensation relationship indicated by a "checkmark" next to the
appropriate arrangement.
c. Reductions in Scope of Work
City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
d. 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 and Schedule ("Additional Services"), and upon doing so in
writing, Consultant shall perform same on a time and materials
basis at the rates set forth on Exhibit A, Paragraph 5, unless a
separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
3. Administration of Contract
Each party designates the individuals ("Administrators")
indicated on Exhibit A, Paragraph 6, as said party's contract
administrator who is authorized by said party to represent them
in the routine administration of this agreement.
2pty4.doc Std 2party
3
11/26/91
4 . Term
Consultant shall perform all of the Defined Services
herein required of it by not later than December 2 , 19 92 ,
and shall abide by and comply with any interim time frames and
milestone dates that are or may be set forth in Exhibit A,
Paragraph 2.
a. Liquidated Damages
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of $100.00.
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Administrator, or his designee, prior to
the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress
of the work.
5. Financial Interests of Consultant
a. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 7, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 7 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
b. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
2pty4.doc Std 2party
4
11/26/91
c. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
d. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
e. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of city if Consultant
learns of an economic interest of Consultant's which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
f. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 7.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise city of any such promise
that may be made during the Term of this Agreement, or for 12
months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
2pty4.doc Std 2party
5
11/26/91
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its
officers, or employees. Consultant's indemnification shall include
any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the City, defend any such suit or action
brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any
prior or subsequent declaration by the Consultant.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's 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 finished or unfinished 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
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
8. Errors and Omissions
In the event that the city Administrator determines that the
Consultants' 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 , Consultant shall reimburse City for any
2pty4.doc std 2party
6
11/26/91
additional expenses incurred by the city. 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, by 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 and equitable compensation for any
satisfactory work completed on such documents and other materials
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.
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 not unreasonably deny.
11. Ownership, publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
united states or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
12. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. city maintains the right only to
reject or accept 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
2pty4.doc std 2party
7
11/26/91
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City of Chula Vista and
acted upon by the City of Chula vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by the city in the
implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute over
the terms of this Agreement.
14. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
15. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement of
the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
16. Miscellaneous
a. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as city's agent to bind city to any
contractual agreements whatsoever.
b. ( ) Consultant is Real Estate Broker and/or Salesman
If the foregoing box is marked, the Consultant and/or their
principals is/are licensed with the State of California or some
other state as a licensed real estate broker or salesperson.
c. 'Notices
2pty4.doc Std 2party
8
11/26/91
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the united states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified adjacent to the signatures
of the parties represented.
d. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
e. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
f. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
2pty4.doc std 2party
9
11/26/91
Signature Page to
Agreement between
City of Chula Vista
and
Dwight Worden, APC
for
Legal Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement this day of , 19
Attest:
Beverly Authelet,
city Clerk
Approved as to form:
~ Lt ~j"!v~/~f$d
Bruce M.Boog a " ,
City Attorney
2pty4.doc Std 2party
CITY OF CHULA VISTA
By:
Tim Nader
Mayor, City of Chula Vista
By:
D~~ t wort;:
Dwigh Worden
10
11/26/91
standard Two-Party
Exhibit A
Reference Date of Agreement: December 3.1991
Effective Date of Agreement: December 3.1991
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant:_DWiqht Worden. APC_,
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 740 Lomas Santa Fe Drive.Suite 102. Solana Beach.
CA. 92075 (619)755-6604 FAX (619)755-5198
1. General Duties:
Provide legal consultation on an on-call basis to analyze
and respond to city continued participation in the Metro Sewer
System.
2. Scope of Work and Schedule:
Detailed Scope of Work:
A. Attend key meetings with Chula vista's staff and other
consultants to develop a strategy to respond to various Clean
Water Program proposals and demands.
B. Attend key METRO member agency meetings and Clean Water
Program meetings, as authorized by City, to learn what new
proposals are pending and to respond to various proposals and
information provided by the Clean Water Program staff and other
METRO member agencies present.
C. Further develop and analyze practical wastewater
treatment and disposal alternatives for Chula Vista, independent
or semi-independent from the Clean Water Program, for either
future implementation or for establishing a negotiating position
for Chula Vista.
D. Analyze and present to Chu1a Vista staff and Council
(if desired), working with financial and engineering consultants
retained by the City, the information provided by the Clean Water
Program to facilitate a clear understanding of the commitments
2pty4-C.doc Exhibit A, to Two Party Agmt
11/26/91page 1
< ;; Exhibit A.
<iA) Exhibit B.
2pty4.doc Std 2party
Exhibit List to
Agreement between
City of Chula vista
and
Dwight Worden, APC
for
Legal Services
11
11/26/91
( Single Fixed Fee Arrangement.!
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
1.
2 .
3.
Fee for Said Phase
$
$
$
1 The difference between a single fixed fee amount with phased
payments and a phased fixed fee amount is that, in a single fixed
fee amount all of the work is required for all of the
compensation. Payments are phased to help with consultant cash
flow. In a phased fixed fee arrangement, the City has the
authority t~ cancel or require performance under subsequent
phases, so that the compensation is due just for the phase of
work required, and not for the total amount.
2pty4-C.doc Exhibit A, to Two Party Agmt
11/26/91Page ;1.
(X) Time and Materials
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time and materials spent by Consultant in the
performance of said Services, at the rates or amounts set forth
hereinbelow according to the following terms and conditions:
( )Not-to-Exceed
Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for
$ including all Materials, and other
"reimburseables" ("Maximum Compensation").
Limitation
on
Time
and
Materials
(X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $20.000 ("Authorization Limit"),
Consultant shall not be entitled to any additional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page "3
5. Rate Schedule2
category of Employee
of Consultant
Name
Hourly
Rate
APC
paraleaal
Owiaht Worden
Irma Christ
Attornev
Scott Williams
_$150_
$75
_$125_
_$150_
Attornev
Terrv Gibbs
( ) Hourly rates may increase by 6% for services rendered after
[month], 19 , if delay in providing services is caused by City.
"Reimburseables" Separately Paid For by City
Cost or Rate
(X) None
( ) Materials
Reports
Copies
( ) Travel
( ) Printing
( ) Postage
( ) Delivery
( ) Long Distance Telephone Charges
( ) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
2 This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring additional work.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page 1
6. Contract Administrators:
City:John P.Lippitt, Director of Public Works, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA
92010, (619) 691-5294.
Consultant: Dwight Worden, 740 Lomas Santa Fe Drive,
suite 102, Solana Beach, CA, 92075
(619)755-6604 FAX (619)755-5198
7. Statement of Economic Interests, Consultant Reporting
categories, per Conflict of Interest Code:
( ) Not Applicable.
(X) FPPC Filer
(X) Category No.1.
Not an FPPC Filer.3
Investments and sources of income.
(X) Category No.2.
Interests in real property.
( ) Category No.3. Investments, interest in
property and sources of income subject to the regulatory,
or licensing authority of the department.
( ) Category ~o. 4. Investments in business entities
and sources of 1ncome which engage in land development,
construction or the acquisition or sale of real property.
real
permit
( ) Category No.5. Investments in business entities
and sources of income of the type which, within the past two
years, have contracted with the city of Chula vista
(Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments in business entities
and sources of income of the type which, wi thin the past two
years, have contracted with the designated employee's department
3 If Consultant, in the performance of its services under this
agreement: 1) conducts research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of the control and direction of the city
or of any city official, other than normal contract monitoring;
and 2) possesses no authority with respect to any City decision
beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page S
to provide services, supplies, materials, machinery or equipment.
(X) category No.7.
Business positions.
(X) List "Consultant I s Associates" interests in real
property within 2 radial miles of Project Property, if any:
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page .
COUNCIL AGENDA STATEMENT
Item /2-
Meeting Date 11/26/91
ITEM TITLE:
Public Hearing: Conditional Use Permit PCC-92-06; request to
establish a 12-bed residential treatment facility for
recovering alcoholics at 3 North Second Avenue - MAAC Project
Resolution
1/"41..5
Agproving PCC-92-06
:fft
SUBMITTED BY: Director of Planning
REVIEWED BY: City Manager II (4/5ths Vote: Yes_No...!..J
The proposal is to establi~h a 12-bed residential treatment facility for
recovering male Latino alcoholics. The program, referred to as Nosotros,
would occupy the southerly portion of the former Vista Hill/Southwood
psychiatric facility site at 3 North Second Avenue in the R-3 zone.
The Environmental Review Coordinator conducted an Initial Study, IS-92-05, of
potential environmental impacts associated with the implementation of the
project. Based on the attached Ini t i a 1 Study and comments thereon, if any,
the Coordinator has concluded that there would be no significant environmental
impacts, and recommends adoption of the Negative Declaration issued on
IS-92-05.
RECOMMENDATION: That Council adopt the resolution approving PCC-92-06.
BOARDS/COMMISSIONS RECOMMENDATION:
Commi ssion voted 7-0 to approve the
PCC-92-06.
On November 6, 1991, the Pl ann i ng
proposal in accordance with Resol ut ion
On November 4, 1991, the Resource Conservation Commission voted 4-1 to
recommend that the conditional use permit be reviewed annually at the expense
of the applicant.
DISCUSSION:
Adiacent zoninq and land use
North
South
East
West
- A
R-l
- A
- R-l, R-3-P-20
- KOA Kampground
- Single family
- KOA Kampground
- Single & Multiple family
Existinq site characteristics
The 4.8 acre site is situated on a ridge line which drops off sharply to the
east, down to the KOA Kampground, and falls more gently to the west and north,
down to North Second Avenue. The property contains two main buildings,
several accessory buildings, and approximately 54 on-site parking spaces (much
of the parking space striping has faded). Access is provided by two driveways
off North Second Avenue.
11).-1
Page 2, Item I~
Meeting Date 11/26/91
ProDosed use
The proposal is to establish the Nosotros program on the southerly portion of
the property. This would include the smaller of the two main structures,
three adjacent, attached mobile trailer units, and 30 off-street parking
spaces. The "front yard" area directly to the south of the permanent
structure would serve as an outdoor sitting area with picnic benches on a sand
surface and perimeter planter boxes.
The main structure woul d contai n group bedrooms for the 12 res i dents, plus
kitchen and dining facilities, a living room area, reception and office areas,
and quarters for the night manager. The adjacent mobile trailer units would
serve as a training and learning center, with study, office and reception
areas.
The program is federally-funded, and participation is voluntary on the part of
the residents. If able, the residents are expected to pay $250 per month
toward their room and board. All residents are involved in on- and off-site
AA programs, as well as other on-site workshops and group counseling.
Residents are also responsible for house chores and maintenance of the grounds
(see attached sample schedule of daily activities).
The estimated stay is between three months and one year. Supervision is
provided 24 hours-a-day, with two trained staff during the day and one night
manager. The residents are expected to abide by the daily schedule and are
respons i b 1 e for cl eari ng with the staff thei r whereabouts and schedul e for
off-site activities. They sign an agreement to abide by the rules, and can be
evicted for a breach of the rules even if the infraction is unrelated to the
use of alcohol.
The residents are usually not employed and generally do not own a vehicle.
They must at least have been "clean and sober" for 72 hours prior to
acceptance into the program, and are restri cted -- no passes or vi s itors --
for the first 30 days of their stay. As recovery progresses, the intent is to
increase their independence, which could include off-site training and job
skills programs, and eventually regular, permanent employment.
ANALYSIS:
The proposed use is designated for zoning purposes as an "Unclassified Use",
which can be considered for location in any zone upon the approval of a
conditional use permit by the City Council. In order to approve a conditional
use permit, the Council must make findings which show the following:
1. That the proposed use at the part i cul ar 1 ocat i on is necessary or
desirable to provide a service or facility which will contribute to
the general well being of the neighborhood or the community;
2. That such use will not, under the ci rcumstances of the part i cul ar
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;
I'). -z
Page 3, Item 12
Meeting Date 11/26/91
3. That the proposed use wi 11 comply with the regul at ions and
conditions specified in this code for such use;
4. That the granting of this conditional use will not adversely affect
the general plan of the city or the adopted plan of any governmental
agency. (Ord. 1212 ~1 (part), 1969; prior code ~33.1305(A).
The hcil ity has been used exclusively in the past as a 60-bed residential
treatment facility for emotionally disturbed youngsters -- first by Vista Hill
and most recently by Southwood Psychiatric. In February of this year,
Southwood vacated the site and consol idated operations at their Third Avenue
facility. Several organizations have contacted the City regarding the use of
the property for various group residential treatment programs. The MAAC
Program has been the only organization to contact the City which is interested
in using only a portion rather than the entire facility.
The property owner, Mr. Seymour Reichbart, is presently using the northerly
portion of the property, including the larger of the two main buildings, to
house low income individuals and families. Mr. Reichbart has been informed
that this or any use of the property other than psychiatric care for
emot i ona lly di sturbed youngsters is a vi 01 at i on of the Code wi thout proper
permits and clearances. This would include conversion to multiple family use
under the present R-3 zone, which would require the submission of plans to
determine compliance with building and fire codes and applicable R-3 standards
for parking, private and common open space, and so on. As a result of these
act i vit i es, the staff had recommended and the P1 anni ng Commi ss i on approved a
condition that would not allow the MAAC program to begin operations until the
property owner ceases operations on, or obtains all necessary permits for, the
northerly portion of the property.
On November 15, 1991, following the Planning Commission hearing, Mr. Reichbart
submitted a letter stating that he now intends to file a conditional use
permit to legal ize the use on the northerly portion of the property as a
roomi ng house. He has also requested that the MAAC proposal be allowed to
initiate operations immediately pending the outcome of his conditional use
permit application. He states that if his application is denied he would
begin to issue 30-day notices to his present tenants. A notice and order to
abate within 30 days was mailed by the Code Enforcement Office to Mr.
Reichbart on November 18, 1991 (please see attached correspondence).
MAAC has also just apprised staff of the fact that start-up funds of $24,000
have already been withdrawn because of delays in getting the program underway,
and that the balance of the fund i ng is due to expi re on December 1, 1991,
unless an extension is granted. For this reason, as well as Mr. Reichbart's
1 etter, and the on -goi ng code enforcement effort, staff is now recommendi ng
that MAAC be allowed to proceed independent of issues regarding the northerly
portion of the property.
Also, with respect to the general status of the property, on August 9, 1991,
the City Council, upon recommendation of staff, deferred action on a request
for a waiver of fees from Abundant L He Counsel i ng (a youth home), whi ch is
/7.. - 3
Page 4, Item 12
Meeting Date 11/26/91
another of the programs interested in the site. The basis for staff's
recommendation and Council's action is that the City should not subsidize the
processing of more than one appl ication for the property at anyone time.
Abundant Life was informed that they coul d combi ne with MAAC in a s i ngl e,
coordinated proposal, but they indicated that they did not feel their program
was compatible with MAAC's. They have also stated that should the MAAC
appl ication be denied, they will file an appl ication for use of the entire
property.
The MAAC Nosotros program, when viewed alone, would appear to represent a
supportable use of the property. It is consistent with the historical use of
the site for group residential treatment, and the indoor 1 iving space and
associated parking should be more than adequate to serve the proposed
population of 12 residents.
An additional issue is the continued use of the three mobile trailer units.
These were authorized for temporary use by variance PCV-76-13, which expired
on July 26, 1981, although the trailers were never removed. A condition has
been recommended which would allow an additional two years of temporary use,
at which time they would have to be removed.
On balance, we believe the proposal is supportable. The physical facilities
are or can be made adequate to accommodate the use. Al so, a condition has
been recommended which addresses the issue of the illegal use of the northerly
portion of the property.
Staff has recommended conditions as follows:
1. The approval of this permit shall in no way be seen as an endorsement or
precedent for establishing the same or a similar type of use on the
northerly portion of the property. The approval of this permit may in
fact complicate any proposal for the use of the northerly portion of the
property because of issues regardi ng compat i bil ity and coordi nat i on of
land uses, and the use and control of the facilities.
2. The mobile trailer units are hereby authorized for a period of two years
from the date of th is permit is approved by the City Counc il . The
trailers shall thereafter be removed.
3. The parki ng spaces associ ated with thi s proposal shall be restri ped in
accordance with City standards.
4. The use shall comply with the information outlined in the application and
suppl ementa 1 materi a 1 s submi tted by the appl i cant, i ncl udi ng numbers of
residents and staff, programs, supervision, and so on. Failure to comply
with these parameters or the conditions of approval, complaints from
surrounding residents or failure to properly maintain the building or
grounds shall const itute grounds for revi ew and poss i bl e revocat i on of
this permit.
It - ~
Page 5, Item
Meeting Date
/~
11/26/91
5. This permit shall be subject to any and all new, modified, or deleted
conditions imposed after adoption of this resolution to advance a
1 egit imate governmental interest related to health, safety or welfare
which 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
ri ght/condit ion, may not impose a substant i a 1 expense or depri ve
Permittee of a substantial revenue source which the Permittee cannot, in
the normal ope rat i on of the use permi tted, be expected to economi ca 11 y
recover.
6. The app 1 i cant shall agree to no net increase in water consumpt i on or
participate in whatever water conservation or fee offset program the City
of Chula Vista has in effect at the time of building permit issuance.
Staff had recommended to the Planning Commission three additional conditions
related to the compatibil ity of the use with the surrounding neighborhood.
These dealt with additional screening of the outside seating area, a
prohibition against on-and-off site loitering outside the seating area, and
the provision of private transportation by the facility. These did not appear
to be a concern of the neighbors that spoke at the hearing, however, and the
Commi ss i on excl uded these condit ions from thei r recommendat i on for approval.
For this reason, staff is no longer recommending these conditions and they
have not been included in the Council resolution.
The City has received four letters of support for the proposal and five
letters of opposition or concern (please see attached).
The Buil di ng Department reports that the foll owi ng wi 11 be requi red in
conjunction with the application for building permit:
1. Phys i ca lly impaired access at primary entrances of structure and
mobilehome.
2. Physically challenged bathrooms at both sites.
3. Building permits required for all remodeling. Needs to submit floor
plans with occupancy classification.
FISCAL IMPACT: Not applicable.
WPC 9953P
/2-S //J.-I,
RESOLUTION NO. I ~ 4lS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PCC-92-06 TO ESTABLISH A
12-BED RESIDENTIAL TREATMENT FACILITY OF
RECOVERING ALCOHOLICS AT 3 NORTH SECOND AVENUE
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, MAAC Project is proposing to establish, as an
institutional use, a 12-bed residential treatment facility for
recovering male Latino alcoholics in an R-3 zone, to wit: the
southerly portion of the former vista Hill/Southwood psychiatric
facility site, 3 North Second Avenue, Chula Vista; and
WHEREAS, the Environmental Review Coordinator conducted
an Initial Study, IS-92-05, of potential environmental impacts
associated with the implementation of the project and has concluded
that there would be no significant environmental impacts, and
recommends adoption of the Negative Declaration issued on IS-92-05;
and
WHEREAS, on November 6, 1991, the Planning Commission
voted 7-0 to approve the proposal in accordance with Resolution
PCC-92-06.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby find as follows:
1. That the proposed use at the 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 Nosotros program will provide a desirable service by
offering shelter, food, counseling and training for
recovering alcoholics attempting to reestablish
themselves as responsible, contributing members of
society.
2. 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 program will be established on a site which has
served as a group residential treatment facility for many
years. Conditions have been imposed to address the
1
12-1
potential conflicts with surrounding residents presented
by this program which may not have existed with the prior
youth psychiatric programs.
3. That the proposed use will comply with the regulations
and conditions specified in the code for such use.
Compliance with all applicable conditions, codes and
regulations shall be required prior to occupancy of the
property. Specifically, a condition has been imposed
that requires abatement of the present unauthorized use
of the northerly portion of the property prior to this
permit becoming effective.
4. 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 granting of this permit as conditioned is consistent
with city policies for accommodating a full range of
services and facilities for the benefit of its residents.
BE IT FURTHER RESOLVED that, on the terms and conditions
herein contained, the City Council does hereby grant a Conditional
Use Permit to establish a 12-bed residential treatment facility for
recovering alcoholics at 3 North Second Avenue.
BE IT FURTHER RESOLVED that the conditions of said Permit
are as follows:
1. The approval of this permit shall in no way be seen as an
endorsement or precedent for establishing the same or a
similar type of use on the northerly portion of the
property. The approval of this permit may in fact
complicate any proposal for the use of the northerly
portion of the property because of issues regarding
compatibility and coordination of land uses, and the use
and control of the facilities.
2. The mobile trailer units are hereby authorized for a
period of two years from the date this permit is approved
by the city Council. The trailers shall thereafter be
removed.
3. The parking spaces associated with this proposal shall be
restriped in accordance with City standards.
4. The use shall comply with the information outlined in the
application and supplemental materials submitted by the
applicant, including numbers of residents and staff,
programs, supervision, and so on. Failure to comply with
these parameters or the condi tions of approval,
2
):2.~t"
complaints from surrounding residents, or failure to
properly maintain the building or grounds shall
constitute grounds for review and possible revocation of
this permit.
5. This permit shall be subject to any and all new,
modified, or deleted conditions imposed after adoption of
this resolution to advance a legitimate governmental
interest related to health, safety or welfare which 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.
6. The applicant shall agree to no net increase in water
consumption or participate in whatever water conservation
or fee offset program the City of Chula vista has in
effect at the time of building permit issuance.
BE IT FURTHER RESOLVED that the City Council does hereby
concur in the determination of the Environmental Review Coordinator
as set forth in Initial Study 92-05 that the proposed project would
have no significant environmental impacts and does hereby adopt the
Negative Declaration issued on 15-92-05.
Presented by
Approved as to form by
Robert A. Leiter, Director of
Planning
Bruce M. Boogaard, city
Attorney
C:\RS\PCC96-03
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~OJECT
ICE AGENCY
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MAAC
Reallh Services Division
4!llInI. Ave., Suite 101, Qula Villa, CA 12010, (61') 4Z!I-I171
.
DATE:
August 16, 1991
TO:
FROM:
SUBJECT:
~
Commission
. ,Division Director
Conditional Use Permit
"Mosotres" Men's Recovery Home
Nosotros will be a 12 bed Social Model Residential Facility for men with
alcohol/drug problems. Residents will participate in a sober, drug free
and supportive enviroment for an estimated range of stay between three
months to one year.
With 24 hour staff supervision, residents will jointly participate in daily
scheduled activities to include:
o Group, individual and family sessions.
o 12 step A.A. meetings (with some open to community participation).
o Home and property maintenance as needed.
Residents who are employed, enrolled in school or job training would, in
most instances rely upon public transportation. Daily activities normally
would begin at 6:00 A.M. and conclude with curfew and "lights out" at
11:00 P.M..
Residents who are unable to be on pass for the weekends may have visitors
who are Subject to the same regulations to insure an alcohol and drug free
sober environment. A sample daily schedule is attached for your information.
MG/zg
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SUPPORTID IN PART BY UNITED WAY AND COUNTY CAP
NOSOTROS SUMMARY
Organization: MAAC PROJECT
Contact Person: Maritza Garcia
Program Name: Nosotros
Program Operation: 12 Bed Social Model -r
Residential Program ror
Latinos with alcohoVdrug
problems (male racility).
Program Services: Group, Individual and Family
Sessions conducted to promote
sell assessment pertaining to
the role or alcohol/drug in
12 Step Program.
Program Duration: Estimated range or stay
is between three months
to one year.
Supervision: 24 hour a day stalr
supervision.
Environment: Sober, Drug-Free, supportive
home-like, quiet.
Intent: Program's intent is to blend
into the community striving to
not only to!!2! disrupt, but to
enhance it's appearance,
composition and activities.
/.2. -/1'
DAILY SCHEDULE
.
TIME
MONDAY
TUESDAY
WEDNESDAY
THURSDA Y
FRIDAY
6:00 AM AWAKEN AWAKEN AWAKEN AWAKEN AWAKEN
7:00 MEDITATION MEDITATION MEDITATION MEDITATION MEDITATION
CLEAN UP CLEAN - UP CLEAN- UP CLEAN - UP CLEAN - UP
8:00
BREAKFAST BREAKFAST BREAKFAST BREAKFAST BREAKFAST
9:00
EXERCISE HEALTH CLASS EXERCISE OPEN CLASS EXERCISE
10:00
HOUSE TO 10:30 TO 10:30 HOUSE
MGMT. 1Il ,. MGIIn'.
11:00
EAT EARLY GROUP EAT EARLY
BE READY AT DISCUSSION 12 STEP STUDY BE IEADY
12:00 11 :30 AM AT 11:30 AM
OUTSIDE A.A.
LUNCH LUNCH LUNCH MEETING
1:00 PM A.A. MEETING
BIG BOOK ENGLISH TUTOR ALClHOL ED. ENGLISH TUTOR
2:00 STUDY
QUIET TIME I.R.P. GROUP I.R.P. GROUP BIG
BOOK STUDY
3:00
PEER GROUP ~ ,. "II r 'III ,
4:00
NEWS & CURRENT QUIET TIME l'fEJY~_ 6;
.. ,. QUIET TIME CURRENT
5:00 EVENTS EVENTS
DINNER
DINNER DINNER 5:30 PM DINNER - DINNER
6:00 HOUSE MGMT.
RESIDENT WALK WALK PEER GROUP
COU IilCIL ~ ,
7:00
MEN'S CLOSED MEN'S CLOSED '4 .,
.. " SPANISH MEET(. A.A.- MEETING
8:00_ NOSOTROS NOSOTROS
TRAD. I OPEN A.A. A.A.
MEN'S A.A. MEETING ... , MEETING
9:00 NOSOTROS
LIGHTS OUT LIGHTS OUT LIGHTS OUT LIGHTS OUT LIGHTS OUT
10:00PM /2-/t;
.SATURDAY & SUNDAY ARE FREE DAyS..... DO YOUR INDIVIDUAL CHORES!!!!!!!!!!
n/
MAAC PROJECT
NOSOTROS
Culturally-Specific Men's Recovery Home
3 North Second Avenue
Chula Vista. CA 91910
MAAC Project's approach to serving Latinos is based on the
recognition that a cultural gap exists between Latino clients
and traditional Anglo programs -- a gap of language.
lifestyle. attitude. and values.
"Latino specific" involves addressing abstract issues such as
familial acculturation differences as well as addressing
detai.ls in the proposed men's residence such as appropriate
food. room decor, recreational activities. and requirements
of personal modesty.
The Social Model Principles practiced by the agency state
that staff not be licensed. and that participant oppor-
tunities for experiential learning as well as opportunities
to both give and receive help for recovery are readily
available regardless of the length of their stay. The
principles also dictate that the authority for recovery is
placed on the experience of recovering participants. rather
than on professional training or knowledge of staff.
T
Attitudes:
o The MAAC PROJECT is financially. attitudlnally and
programmatically available and accessible to a diverse
and inclusive population.
o The MAAC PROJECT is seen as part of a community and
reflects the character and personality of the
particular community it is located In. as well as the
personality of the staff and participants.
-
o
In a social model recovery program. everyone Is seen as
equally important for eacn other's recovery process.
offering mutual strength. support. and hope to each
other. Everyone is seen as an Integral part of the
whole.
o Each relationship in a soc'a' model recovery program is
seen as a mutual le~rnin~ -e'atlonship. 80th the staff
and participants se. that :~e home is a place for
improving their lives; o'<e-;ng opportunities for
growth and support. Everyone. regardless of the
particular role they play ;~ the program. recognizes
that each person associated with the program is both a
teacher and a student.
~-~D
"NOSOTROS" Recovery Home for Latinos
Social Model Concept
o The staff share their knowledge and personal experience
openly with participants, recognizing that self-
disclosure is an important component of a peer
relationship.
o The program promotes a sense of joint staff/participant
ownership of the home.
o The staff and participants work together as a team,
creating a peer camaraderie among each other-- a
fellowship of people working together.
o The staff set the tone for the home, exemplifying
behavior and attitudes which promote a family-oriented,
homelike environment. a peer relationship between the
staff and participants, a teamwork relationship between
staff and participants, and a role model for sober
living.
o The program has a self-help and self-responsibility
orientation engendered through a peer support system.
Each staff and participant assumes responsibility for
her or his own recovery process. '
o Responsibility for recovery rests with each individual.
Staff share their own experience as peers and serve as
role models for all participants. This encourages
participants to recognize the role which each plays in
one another's recovery.
o The program has rules, guidelines, and norms that are
clearly communicated and known by all participants,
adapted from the general norms of the community served
by the program, exemplified by all staff and
participants In designing their own recovery program.
o The staff have knowledge and understanding of the
program'. objectives and assume responsibility for
their role in me.ting the objectives.
o The program creates an environment that empowers
participant. to take responsibility for themselves.
o The staff see their role as that of facilitating an
environment of love, care, respect, and support.
o The staff encourage participants to e.tablish
relationships with other participants, the staff, and
the p~ogram as a whole tha~ will support their recovery
process.
-
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"NOSOTROS" Recovery Home for Latinos
Social Model Concept
o Sobriety is the norm of the program. The home has firm
and consistent rules that there will be no alcohol or
drug us. or violent or abusive behavior.
o Incidents in which rules or norms have been broken
shall be handled in a manner that communicates care and
respect and maintains the dignity of all concerned.
o Other daily activities outside the home include:
a. Employment - Clients will be going to their
regularly ~cheduled job in the community.
b. School - Some clients will be attending school
and training programs.
c. Other outside activities as required in their
normal daily personal lives.
..
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CllY Of
CHUlA VISTA
BUILDING AND HOUSING DEPARTMENT
CODE ENFORCEMENT DIVISION
NOTICE AND ORDER TO VACATE PREMISES
November 18, 1991
iiMr Reichbart
San Diego, CA 92120
RE: 3 NORTH SECOND AVENUE, CIIULA VISTA, CA 91910
NOTICE IS HEREBY GIVEN to vacate the illegal occupancy that is in violation of
Sections 19.54 and 19.28 of the Chula Vista Municipal Code. The illegal occupancy is on the
property located at 3 North Second Avenue, Chula Vista, CA 91910.
YOU ARE HEREIlY ORDERED TO VACATE SAID PREMISES within 30 calendar days from
the issuance of this Notice and Order. You may abate the nuisance by vacating the premises
(except for your security and serlice people). Failure to vacate the premises will be cause to
refer this matter to the City Attorney for criminal prosecution.
If you have any questions regarding this matter, you may contact the undersigned at the
telephone number listed below.
KENNETH G. LARSEN, C.B.O.
DIRECTOR OF BUILDING AND HOUSING
BY:
r1-~ l~
DICK FOSTER
SENIOR CODE ENFORCEMENT OFFICER
DF:yu
cc: R. Fritsch, Assistant City Attorney
(M:\ABATPORM.DOC)
/~';'3
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 920101(619) 691-5280
November 15, 1991
IYr::Cr::IV~O
/l!O~, 15
7991
P(4IVIVIIVG
TO: STEVE GRIFFIN, Senior Planner, Chula Vista,Ca.
FROM: S.M.REICHBART,
San Diego,92120
Reference; 3 North 2nd Ave. Chula Vista
In my letter to the Senior Code Enforcement Officer, Dick
Foster on Sept.14,1991, I made some pertinent points which
if brought to your attention again,will clarify my positioc.
I said," we will continue to do what R-3 allows me to do".
I.have been in business for 40 years, but it wasn't until a
few days ago when I requested a "Land Use Chart" did I real-
ize that a C.U.P. was required to house s9me adults on 5 acres
living independently and not bothering anyone.
I also said,"I will change the format to meet any code re-
quirements necessary~ Now that I know what is expected of me,
I am in the process of submitting a CONDITIONAL USE PERMIT
application for a "Rooming House~ -The _problem is that there
are approximately 20 plus people currently living in this all
concrete, sprinklered, heated, spac~ous, secure, Fire Dept,
Building~. approved facility. For all the information which
you require, I will need several days or a week to put all of
that paper together. It will be available for the CITY
PLANNING COMMISSION hearing to be held November 26th.
I am requesting that the MAAC PROJECT be approved and allowed-
to occupy the faCility immediately. I cannot remove those
who have just moved to 3 North 2nd Ave. without the proper
notice, however, IF MY REQUEST TO OPERATE A ROOMING HOUSE IS
DENIED FOR JUST REASONS, I WILL IMMEDIATELY BEGIN T~'ISSUE
30 DAY NOTIC~S! I WILL COMPLY WITH ALL COUNCIL FINDINGS!
Most of my occupants are currently seniors and we hope to
cobtinue with seniors and older adults. Our facility will
be a credit to the CITY OF ClIULA VISTA and a fine courrtry
like ~9 for a few people who need a break.
/.2".zy
RECEIVED
.SEP 1 8 19";
DICK FOSTER, SENIOR CODE ENFORCEMENT OFFICE~LANN'NG
City of Chu1a Vista
FROM:S.M.REICHBART, RE: 3 North ~nd Ave.
TO:
understanding the incredible influence which my neighbors
have over the: local government, I will accept the mis-
quoting of my letter to Ken Lee, July 27,1991 as simple
misunderstanding.
My letter, (a copy enclosed) states clearly, that I will
house some overflow, for the time being, to protect the
site from vandals. It says nothing about "homeless" nor
my misquoting friend, does it say that it will be used as
a homete1. On the contrary...lt\CLEARLY STATES THE ALL
WHO LIVE THERE WILL LIVE TOTALLY INDEPENDENT WITH THEIR
OWN INDIVIDUAL NEEDS. There is no desk clerk and all who
live there,about 15-18 currently, understand that they
will leave when the site is leased to another organization.
We are doing extensive repairs to the buildings and trying
to upgrade the grounds. We will continue to do what R-3
allows me to do. I will continue to house people there
and if necessary change the format to meet any code re-
quirements necessary, even to the point of offering free
housing, independently, to all who wish to help me rebuild
this site.
If the 2nd Ave. Group and the ROA wish to turn 3 No 2nd
into a permanent historical or park location, I will
be happy to discuss this possibility. But if they think
they can influence me to vacate without a legal fight,
they are mistaken. Also, I want to see the code on paper
which says that I can not occupy real estate which I pay
taxes for ,(10,OOO.per year) have not built on, torn down
or have made any changes without proper permits.
My dedication is to house low income individuals and fam-
ilies. If the site has a better and higher use through
a supervised organization, which I have offered forHcost
only" than so be it...however if proper organizations are
refused a C.U.P. FOR THE OBVIOUS REASONS, then I will do
whatever is necessary to cover my expenses. I will not
lose 3 No. 2nd Ave. no matter wb.t the legal costs.
SMR
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- - --
- - --
em OF
CHUlA VISTA
BUILDING AND HOUSING DEPARTMENT
CODE ENFORCEMENT DIVISION
September 16, 1991
~rt
San Diego, CA 92120
RE: 3 NORm SECOND AVENUF. CHULA VISTA, CA '1'10
,
In your recent letter to the City of Chula Vista, Planning Department, you stated that the
above referenced facility is being used as a "Hometel" - housing for the homeless.
This use requires a Conditional Use Permit (C.U.P.) as does any use of this property.
Chula Vista Municipal Code requires that you discontinue any use of this property until you
receive proper permit.
If you need further assistance or information, please do not hesitate to contact the .
undersigned.
KENNE1H G. LARSEN. C.B.O.
DIREcroR OF BUll.DlNO AND HOUSlNG
BY:
ENFORCEMENT OFFICER
DF:yu
(E.W!IOlBAIUXlC)
/ 2 ~ 2.1,
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5280
:
INFORMATION ITEM
To:
September 6, 1991
Honorable Mayor and City Council
Date:
Subject:
lohn Goss, City Manager
. Bob Leiter, Director of Planning I'IU
Status of 3 North Second Avenue
Via:
From:
The former Vista Hill psychiatric facility at 3 North Second Avenue was most recently ocCupied
by the Southwood psychiatric facility. Southwood vacated the property and consolidated
operations at their Third Avenue facility in February of this year. Since that time, the Planning
Department has received inquiries from several different social programs interested in the
Second Avenue site.
Because of the number of inquiries and the apparent conflicting information staff was receiving
regarding the property owner's commitment to one group or another, staff requested clarification
from the owner, Mr. Seymour Reichbart, by letter on luly 25, 1991 (see attached). Mr.
. Reichbart responded in writing that the MAAC project (recovering alcoholics) had exclusive
rights to seek the use of the site at this time (see attached). On August 8, 1991, MAAC filed
IS and CUP applications for the use of a portion of the facility. (Council approved a fee waiver
on 7/16.)
The letter from Mr. Reichbart also indicated that he was presently using the property to house
certain .overflow adults from the Sara Frances Hometel,. which is apparently a facility also
owned by Mr. Reichbart in the City of San Diego. Since the property is not approved for this
or any use other than psychiatric care for mentally/emotionally disturbed youngsters, the Code
Fnforcement office has initiated action to abate this unauthorized use of the property.
On August 9, 1991, the Council, upon recommendation of staff, deferred action on a request
. for waiver fees from Abundant Life Counseling (youth home), which is another of the programs
interested in the Second Avenue site. The basis for staff's recommendation.is that the City
should not subsidize the processing of more than one application for the prope>ty at one time.
Abundant Life was informed that they could combine ,with MAAC in a single, combined
proposal, but they indicated that they did not feel their program was compatible with MAAC's.
BL:SG:vt
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July 27,1991
3. P..~i':h~}i)rt:
'>94(" l'I':>Ullty
S.n.9i'~20
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TO: KENNETH LEE, Planning Dept,City of Chula Vista
FROM: S.M.REICHBART
,.
RE: 3 North 2nd Aye. Chula Vista
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I realize that there have been many inquiries about our
facility in the past f~w months. The volume surprised
me as the sign in frout of 3 No.2nd is the only adver-
tising we have done.
At this point, we are "."t accepting offers fro'm
any group until THE M~~C PROJECT off the ground. When
they have concluded tnuir move into our ,facility, we
will again, perhaps, 3eek a compatable organization to
fill the North portio~ of 3 No. 2nd.
For the time being, I ~ill house some overflow adults
from the Sara Frances Hometel, who will live totally
independent, with individual micros, refrigerators land
TVS. The main purpose is however, to protect the site
from transients and /0': vandals.
We are trying to bring ~he grounds and the buildings
to an improved condition.
SMR
231 2403
239 7272
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CHULA VISTA
PLANNING OEPARTt,'ENT
July 25, un
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. Seyaour aeichbart
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San Diego, CA 92120
Dear HZ'. aeichbart I
The city of Chula Vista has received .,veral inquiries regarding
the property you own at North Second l,....enue in the city of Chula
Vista for a variety of uses. The lates~ organizations to contact
the city has been the California Mothers/Infant Program, the MAAC
proqram, and the Abundant Life Couno;?'.ing Center. As you are
aware, we had a separate meeting witn :Iomeowners in the general
area discussing the California Mothers/Infant proqram status, as
well as some of the details of that pr~1ram.
with the various inquiries cominq in from other organizations, it
would be helpful to us if you could fill the City in as soon as
possible as to whether or not you're ~rying to lease or rent the
property out to all of these organizations, or if you're attempting
to provide a facility for a multitude of different organizations.
I believe it's important at this point for the city to understand
your overall intent before we proce~d processinq any applications
to have a better overall understanding of the total use of this
piece of property.
If you have any questions,
"j 'JCGLtnr
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".~ FOURTH AVF'CHUlA VISTA CI\LlfOil"'1\ ,,"0116'91 119,.5101
.'
Assembly
California Legislature
STEVE PEACE
ASSEMBLYMAN
COMMITTEES:
Human Services
Revenue and Taxatlon
Water, Parks and Wildlife
Ways and Mnns
Ways and Me.ns Subcommittee on Resources,
Agriculture and the Environment
Jt. Committee on Prison Construction
and Operations
Chairman:
Select Committee on Radloactlve Wlsle Dispos.t
and Fuaion Technology
TOI Chula Vista Planning Commission
Chula Vista City Council
Rei NOSOTROS Alcohol Recovery Horne
I am writing to lend my support for the MAAC Project's Nosotros
Alcohol Recovery Horne.
RECEIVED
.SEP 30 lS~i
PLANNING
September 25, 1991
Through the successful operation of Casa de Milagros, a recovery
program for women, the MAAC Project has proven itself as a
responsive service provider. This agency has consistently
demonstrated its ability to meet the needs of its clients in a
professional and effective manner.
I urge your approval of the MAAC Project's application for the
establishment of the Nosotros Alcohol Recovery Horne.
er~
PEA~
SP/mz
o Stale Capitol
P.O. 801142848
Sacramento, Cellfomla lM24t-OOOl
TelepMM: (818) oiW5-75!le
FAXI11-3Z2.2211
o 43D DaYldson SII'Mt . Suite B
Chule Vlltl, c.Ufomilll2010
Talephone: .'1) 0126-1617
FAX elMC16-543O
o 110' Airport AoIid-Sulte B
Imperial, CAlifornIa 1I22S1
Teltiphone: (119) 352.3101
FAXlll~355-4831
_.
I;' -.30
~tate ofCa~irornia .. Health and Welfare Allencv
PETE \\TILSON. Governor \
DEPARTMENT OF REHABILITATION
678 Tblrd Ave.ue, Suite 20S
Cbuta Vilta, CA 91910
Vol.. - (619) 426-8720
TOD . (619) 422-'587
~
October 24, 1991
Chula Vista PIAnnh'lg COn'ln'l;"sion
Chula Vista City Council
276 4th Ave,
Chula Vista, CA 91910 I
RECEIVED
OCT .98 1/ "
Pl
RE: Nosotros Alcohol Recovery Home
I am writing to endorse MAAC Project's application to provide alcohol recovery
services at Nosotros.
MAACProject has been involved in alcohol and drug related services for almost two
decades. In addition to providing Drinking Driving Services in San Diego County since
the law was implemented in 1978, MAAC has administered a highly successful
recovery program for women since 1986 (Casa de Milagros). This agency has
consistently demonstrated its ability to be sensitive to the needs of its clients as well
as the community.
MAACProject has a proven track record of effectively integrating services such as job
placement., housing and training services which would also be available to residents
of Nosotros,
I would strongly urge you to approve the application of the MAAC Project. as it has
clearly demonstrated a unique abilit.y to provide meaningful services to a population
that all too often does not. receive the kind of at.tention t.hat is required.
Sincerely.
.~O~
Jose Quintero:sj
Rehabilitation Supervisor
/;;....,3f
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,
RE:CE:IVE20
DCi 15 79(,.
PLANNING
TO:
CHULA VISTA PLANNING ca>1MISSION
CHULA VISTA CITY COUNCIL
RE:
NOSOTROS ALCOHOL RECOVERY HCl'1E
I am writing to endorse MAAC Project's application to provide alcohol
recovery services at Nosotros.
MAAC Project has been involved in alcohol and drug related services for
almost two decades.. In addition to providing Drinking Driving Services
in San Diego County since the law was implemented in 1978, MAAC has
administered a highly successful recovery program for women since 1986
(Casa de Milagros). This agency has consistently demonstrated its
ability to be sensitive to the needs of its clients as. well as the
cO/llllunity.
MAAC Project has a proven track record of effectively integrating services
such as job placement, housing, and training services which would also be
. available to residents of Nosotros.
I would strongly urge you to approve the application of the MAAC Project
as it has clearly demonstrated a unique ability to provide meaningful
services to a population that all too often does not receive the kind
of attention that is required.
S~lY"~J'.
Nancy H~hCOCk, Chairman
South Bay Directors Council
1;'-32..
~-
COMMITTEES
PLEASE REF'lY TO
C SACRAMENTO OFFICE
BUDGET AND ~'ISCAL REVIEW
BUDGET SUBCOMMITTEE ON HEAL TM
HUMAN SERVICES AND LABOR. CHAIRMM.
EOUCATlON
HEALTH AND HUMAN SERVICES
REVENUE AND TAXATION, CHAIRMAN
VETERANS AFFAIRS
STATE CAPiTOL ROOM 30<lfl
SACRAME,'HO CA 9'''814
1916] <145-6767
HELEN JONES
,"OM'N'STRATIVE...sS'SU.NT
Qlalifornia ~ate @1enate
JOINT COMMITTEE
PLEASE REPLY TO
DISTRICT OFFICE
LEG.~ECcnrEC
4 '30 DAV'DSON STREET
SUITE C
CHULA VISTA CA 91910
16191427-7080
BARBARA HUNSA",ER
"'O~INISTRATIVE...SSIST"'NT
SELECT COMMITTEE
STATE SENATOR
WADlE P. DEDDEH
PAC'~'Ot'-T j 1 1 (
FORTIETH SENATORIAL DISTRICT
CHAIRMAN
SENATE COMMITTEE ON REVENUE AND TAXATION
E.L"ANN/NG
October 25, 1991
Chula vista Planning Commission
276 4th Avenue
Chula Vista, CA 91910
I would like to take this opportunity to endorse MAAC
Project's application to provide alcohol recovery services at
Nosotros.
MAAC Project has been involved in alcohol and drug related
services for two decades. In addition to providing Drinking
Driver services in the San Diego county since the law was
implemented in 1978, MAAC has administered a highly successful
recovery program for women since 1986 (Casa de Milagros). This
agency has consistently demonstrated its ability to be
sensitive to the needs of its clients as well as the
community.
MAAC Project has a proven track record of effectively
integrating services such as job placement, housing, and
training services which would also be available to residents
of Nosotros.
It is of great importance that the community of Chula vista
have access to the special services that the MAAC Project has
to offer. So once again, I would strongly urge the Planning
Commission
Page 1
1.2..3.3
_.
/
Page 2
to approve the application of the MAAC Project, for it has
clearly demonstrated a unique ability to provide meaningful
services to a population that all too often does not receive
the kind of attention that is required.
sincerely,
/1~ f~
/
WADlE P. DEDDEH
WPD: lc
1,2.-3t/
FrudJiIoe of K.uJPIJ'OUrHb of America. lac.
AUG 2 6 199\
~
Kampgrounds Enterprises, Inc.
111 NORTH SECOND AVENUE
CHULA VISTA. CALIFORNIA 92010
3: IS-
TELEPHONE (61 III "27-3001
Mr. Douglas D. Reid
Environmental Review Coordinator
City of Chula Vista
PO Box 1087
Chula Vista, CA 91910
August 26, 1991
RE: Case * 15-92-05
Dear Mr. Reid:
This letter addresses some concerns that we have here at San
Diego KOA and also concerns expressed by Harriet Acton of 265
Nixon PL, Chula Vista, who requested that we write on her
behalf since she is out of town at this time.
Our primary concern is centered around the fact that MAAC is
proposing to lease only a small portion of the total
facility. This raises a number of issues.
What, if any, compatible uses will be found for the rest of
the facility? While the MAAC proposal as presented doesn't
sound too bad, who will be willing to take over the rest of
the facility? Currently, it seems to be used for transient
housing. We are very concerned that without a single tenant
for the facility or without a proposal that presents the
multiple tenants at one time, there will be a great deal of
pressure on the city to accept far less desirable uses for
the rest of the facility. Who will be responsible for the
maintenance and upkeep of the grounds and exterior of the
buildings, shared facilities such"as irrigation systems and
fire alarms? Mrs. Acton reports that there have been
numerous false alarms for fire and each time several units
respond creating a disturbance for the neighborhood and a
cost for the city. We have experienced flooding problems
brought on by faulty irrigation systems. With multiple
tenants we are concerned about accountability for correcting
these defects.
Another concern we have is that we already have an alcohol
rehab facility in our neighborhood <South Bay Pioneers). Do
we need another? We fear that we will soon be viewed as a
convenient repository for locating social rehabilitation
services. This could have a very negative impact on the
stability of our neighborhood.
1~"35
The proposal by KAAC ia for a group ho.e for "Latino Ken".
Our neighborhood i& culturally and ethnically diverse. Will
the install..tion of ..n ethnic ..pecific operation cre..te ..n
i.b..lance? A facility of only twelve persons plu.. staff
probably would not. However. once there. the .o..t likely
tenant for the rest of the facility will also be a KAAC
sponsored progr.... Will it too be allowed to be cultural or
ethnic apecific? If so. we think this will have an i.pact on
the neighborhood.
We are aware of other propoaed uaea for the proJect site
which would both lease the entire facility and invite
residenta regardleaa of their ethnic backgrounds. We think
that the propoaal .erits .ore study and that an EIR ahould be
prepared at leaat on a li.ited baaia to aaaeaa the potential
i.pacts to the neighborhood.
S~~),~J?
~d~~ Prea.
Harriet Acton. 265
San Diego KOA
Nixon PL. C.V.
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15- qa- 05
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RECEIVED
AUG 26 1991
ELANNING
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RECEIVED
AUG 26 1991
August 23, 1991
PLANNING
Environmental Review Coordinator
P. O. Box 1087
Chula Vista, CA 92012
Dear Sir:
In response to IS being conducted on
location at 3 North Second Avenue, I am
objecting to the idea of moving in two
mobile homes for classes for facilities
for Latino men.
In my estimation, this will be more clutter
on the property, more people, more cars
and traffic corning and going, and this
facility will be in addition to whatever
is going to be placed in the 62-bed facility.
I feel this is absolutely too much activity.
I own and have lived at 44 North Second
Avenue for the past thirty years. My place
is the old Victorian Orchard home across
the street and in direct view of 3 N. 2nd.
Please consider the quiet ambience of our
neighborhood and our desire to maintain
as much as possible the peacefulness that
now exists.
Very truly yours,
I Z. -.'It
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negative declaration
PROJECT NAME: Nosotros Culturally Specific Men's. Recovery Home
PROJECT LOCATION: 3 North Second Avenue, Chula Vista
ASSESSOR'S PARCEL NO. 563-310-26
PROJECT APPLICANT: MAAC Project
CASE NO: IS-92-05
DATE: August 26, 1991
A. Proiect Settina
The project site is a 33,600 square foot lot on which there is an existing
structure previDusly used as a group home. The site is on a bluff
overl ooki n'g open space to the east. Other adjacent land uses i ncl ude
single-family homes to the west and south, and open space and the KOA
Campground to the north. The site has been 1 andscaped and there are no
sensitive plant or animal resources on the site.
B. Proiect Descriotion
The proposed project would provide a group home for Latino
alcohol problems, utilizing the existing structure on the site.
square foot lot facility will be used as a residential recovery
two mobile homes will be used as classrooms.
men with
The 1,500
home, and
Since no remodeling over 500 square feet is proposed, school fees will not
be required. All handicap requirements must be met.
C. Comoatibilitv with Zonina and Plans
The project site is designated, as Medium High Density Residential (11-18
du/ac) in the General Plan and R-3 "Apartment Residential." The Chula
Vista Municipal Code requires a Conditional Use Permit for approval of a
group home in an R-3 zone. With conformance to the conditions.of project
approval for a Conditional Use Permit, the proposed project would be
compatible with the zoning. The group home is an existing use and the
proposed project would not have a significant impact on adjacent open
space areas since residents will use the grounds on site for daily
recreation.
D. Comoliance with the Threshold/Standards Policv
,
1. Fire/EMS
The Threshold/Standards Pol icy 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 1/2 miles away and would be
associated with a 5 minute response time. The proposed project Wi~~~
comply with this Threshold Policy. -,-
.._....,;...;;;:~
---
---
city of chula vista planning department CllY OF
environmental review aecllon CHUIA VISfA
//2- t/3
-2-
The Fire Department requires that all fire systems, including these
in the mobile homes, be certified by a properly 1 icensed agency as
meeting all code requirements. Other requirements include:
1. All drapes, curtains, window and wall coverings shall be flame
treated.
2. All exit doors shall meet code as to signs and latches.
3. 2AIDBC fire extinguishers shall be provided throughout the
building, i.e., one for each 300 square feet.
4. Smoke detectors are required.
2. Police
The Threshold/Standards Policy requires that police units must
respond to B4% of Pri ori ty 1 call s wi thi n 7 mi nutes or 1 ess and
maintain an average response time to all Priority 1 calls of 4.5
mi nutes or 1 ess. Pol ice units must respond to 62.10% of Pri ority 2
calls within 7 minutes or less and maintain an average response time
to all Priority 2 calls of 7 minutes or less. The proposed project
will comply with this Threshold Policy.
The Police Department has indicated that an acceptable level of
service can be maintained for this project.
3. Traffic
The Threshold/Standards Pol icy 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 si gna 1 i zed intersect ions. Intersections west of I-80S
are not to operate at a LOS below their 1987 LOS. No intersection
may reach LOS "E" or "F" duri ng the average weekday peak hour.
Intersect ions of arteri a 1 s with freeway ramps are exempted from thi s
policy. The proposed project will comply with this Threshold Policy.
The existing Level of Service (LOS) for North Second Avenue is "C",
and the Average Daily Traffic (ADT) is 4,830. After completion of
the project, the LOS would remain "C", and the ADT would be 5,070.
The traffic generated would not exceed existing pre-approved uses.
Dedication to meet the standards of a Class II Collector street may
be required on North Second Avenue, and a street light must be
i nsta 11 ed.
4. Parks/Recreation
The Threshold/Standards
acres/I,OOO population.
projects, therefore, this
Pol icy for Parks and Recreation is 3
This policy only applies to residential
project is exempt from the threshold.
Iz.~yy
-3-
5. Drainage
The Threshold/Standards Pol icy requires that storm water flows and
volumes not exceed City Engineer Standards. Individual projects will
provide necessary improvements consi stent with the Drainage Master
Pl an{s) and City Engi neeri ng Standards. The proposed project will
comply with this Threshold Policy.
Onsite drainage is surface flow to Second Avenue. Offsite, surface
water flows north to a downstream curb inlet which outfall s to the
Sweetwater River. The City Engineering Department has determined
that these facilities are adequate to serve the proposed project.
6. Sewer
The Threshold/Standards Policy requires that sewage flows and volumes
shall not exceed City Engineering Standards. Individual projects
will provide necessary improvements consistent with Sewer Master
Plan{s) and City Engineering Standards. The proposed project will
comply with this Threshold Policy.
The proposed project will not cause sewage waste to exceed exi st i ng
use.
7. Water
The Threshold/Standards Pol icy requi res that adequate storage,
treatment, and transmission facilities are constructed concurrently
with planned growth and that water quality standards are not
jeopardized during growth and construction. The proposed project
will comply with this Threshold Policy.
Potentially significant water impacts will be discussed further in
Section E of this document.
E. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista determined that the
proposed project will not have a significant environmental effect, and the
preparation of an Environmental Impact Report will not be required. A
Negative Declaration has been prepared in accordance with Section 15070 of
the State CEQA Guidelines.
The following impacts have been determined to be less than significant. A
discussion of each of these less than significant impacts from the
proposed project follows.
Water
Due to recent drought conditions, as a condition of project approval, the
applicant must agree to no net increase in water consumption or
participate in whatever water conservation or fee off-set program the City
of Chula Vista has in effect at the time of building permit issuance.
/2- tiS-
-4-
F. Mitiaation necessarv to avoid sianificant effects
The proposed project is not associated
significant environmental impacts,
mitigation will be required.
G. Findinas of Insianificant Imoact
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.
with any significant or potentially
therefore, no project specific
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 of the
major periods of California history or prehistory.
The proposed project does not have the potent i alto substantially
degrade the quality of the natural environment. The site is
currently developed and there are no endangered plant or animal
species present. There are no cultural or historic resources on the
site.
2. The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals.
The project will not achieve short-term environmental goals at the
expense of long-term environmental goals because these long-term
goals will be achieved through the conditional use permit process,
and the conditions of project approval. With compliance to the
conditions of a CUP, the project will be consistent with uses
designated by the zone and General Plan.
3. The project has. possible effects which are individually 1 imited 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.
The proposed project will not result in any significant adverse
environmental effect which are cumulative in nature, provided all
conditions pursuant to the issuance of a CUP are fulfilled. The
group home is not expected to result in secondary projects or have a
growth inducing influence.
/2 - 9"&'
-5-
4. The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
There are not environmental effects from the project which will cause
substantial adverse effects on human beings either directly or
indirectly. No public health impacts were identified in the Initial
Study.
H. Consultation
I. Individuals and OrQanizations
City of Chula Vista: Roger Daoust, Engineering
John Lippitt, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken Larsen, Director of Building and Housing
Carol Gove, Fire Marshal
Captain Keith Hawkins, Police Department
Shauna Stokes, Parks and Recreation Department
Diana Lilly, Planning
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: . Maritza M. Garcia
45 Third Avenue, Suite 101
Chula Vista, CA 91910
2. Documents
Title 19, Chula Vista Municipal Code
General Plan, City of Chula Vista
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. Further information
regarding the environmental review of this project is available from the Chula
Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010.
\1fJ.;lt j ~ (J, ~iut
~NVIRONMENTAL REVIEW COORDINATOR
EN 6 (Rev. 12/90)
WPC 9681 P .
12- '17
",
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APPLICATION CANNOT BE ACCEPTm UNLESS SITE PLAN
IS FOLDm TO FIT INTO AN 8-1/2 I 11 FOLDER
FOR OFFICE USE
INITIAL STUDY
City of Chula Vista
Application Form
Case No.
Deposit
Receipt No.
Date Rec'd
Accepted by
Project No.
7"'"c_ 9.::1_4!?.r
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A. BACKGROUND
"Nosotros" CUlturally Specific Men's Recovery Hane
I. PROJECT TITLE
2. PROJECT LOCATION (Street address or description)
3 North Second Avenue, Chula Vista, CA 91910
Assessors Book, Plge l Parcel No. 56~-31-26
3. BRIEF PROJECT DESCRIPTION To provide a IllUch neejen service for
Latino men with alcohol problems and to the COIlIlIWlity in general
throuqh outreach and educational efforts.
4. Name of Applicant MAAC Proiect
Address 140 West 16th Street
City N"Hnn,,1 ~;tv State CA
5. Name of Preparer/Agent Maritza M. Garcia
Address 45 'I11ird Ave Suite 101
City Chula Vista State CA
Relation to Applicant Division Director
Phone (619) 474-2232
Zip 92150
Phone (619)425-9171
Zip 91910
6. Indicate all permits or approvals and enclosures or documents
required by the Environmental Review Coordinator. '
a. Permits or approvals required:
___ General Plan Amendment ____ Design Review Application ____ Public Project
___ Rezone/Prezone ____ Tentative Subd. Map ____ Annexation
___ Precise Plan ____ Grading Permit ____ Redevelopment Agency
___ Specific Plan ____ Tentative Parcel Map ____ O.P.A.
~ Condo Use Pe,.it ____ Site Plan 1 Arch.Review ____ Redevelopment Agency
___ Variance ____ Project Area Committee D.D.A.
___ Coastal DeVIlopment Use Permit ____ Other
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
___ Splcific Plan ____ Improvement Plans
___ Other Agency Permit ____ Soils Report
or Approvals Required ____ Hazardous Waste
. Assessment
____ Hydrological Study
____ Biological Study
____ Archaeological Survey
Hoisl Assessment
::: Traffic Impact Report
____ Other
VPC 1459P
-6- l:l- t/i
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B. fROPOSED PROJfcT
1. Land Ar.a: sQ. footage 33.600 Sq ft or acrtag.
If land lrea to be dedicated, state Icreage and purpose.
.
-- ~
Z. Compl.t. this section if project is r@sid@ntill.
a. Type dev.lopment: Single family Two family
Multi family Townhous. Condominium
b. Total number of structures
c. Maximum height of structures
d. Number of Uftits: 1 bedroom Z bedrooms
3 bedrooms 4 bedrooms Total units
e. Gross density (DU/total acres)
f. Net density (DU/totll acres ainus any d.dication).
g. Estimated project population
h. EsUmated sale or rental pric. range
i. Square footlge of structure
j. Percent of lot coverlge by buildings or structur.s
k. Number of on-site parking spaces to be provided
1. Percent of site in road and plved surface
3. Complete this section if project is ~Dmmer~ial or industrial or mixed
Jl11.
a. Type(s) of land use
b. Floor area Height of structure(s)
c. Type of construction used in the structur.
d.
Describe lII,jor access points to the structur.s and the
or1.ntation to adjoining properties and str.ets
.
t. Number of on-sit. parking spaces proVided
f. EsU..ted number of UlployelS per shift . Number of
shifts Total
g. Estimated number of customers (per day) and basis of .stimate ___
h. Estimated number of deliveries per'dlY
1.2.- ytq
"(
t. [st1llated range of service area and basis of est1..te
J. Type/extent of operations not tn enclosed bUildings
k. Hours of operation
1. Type of exterior lighting
4. ~f project ts ather thin 'res1dentjal, commercial or industrial
complete this section.
a. Type of project Group Hane
b. Type of facilities provided
c. Square feet of enclosed structures 7RR7 ~ ~
d. Height of structure(s) - lIax1mum 20'9"
e. Ultimate occupancy load of project 12 Clients
f. Humber of on-site parking spaces to be provided 25
g. Square feet of road and paved surfaces 4000 sq Ft
h. Additional project characteristics Two Mobile Kames to be used
as class rooms 1500 Sq FT. Facility to used as residential
recovery hcxne. Maximum occupancy lOOuld be 12 clients and 3 staff'
members.
c. PROJECT CHARACTERISTICS
(
UDt' o.ua II
1.
If the project could result in the direct emission of any air
pollutants, (hydrocarbons, sulfur, dust, etc.) identify them.
N/A
2.
Is any type of grading or exclvat10n of the property anticipated
(If yes, complete the following:)
a. Excluding trenches to be backfilled, how .any cubic yards of
earth will be excavated?
b. How lIany 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 fi]l
,
/2.-50
"
"(
3. "111 there be any noise generated frotll the proposed project lite or
fro!ll points of access which .ay impact the surrounding or adjacent
land uses? No
4. Describe all energy consUllling devic,s which are part of the proposed
project and the type of .nergy used (air conditioning, el.ctrical
appliance, heating .quipment, etc.) Air Cbnditionina. Central Heating
W,,~hpT" And nrv~r. St.ove. REfria@ratcr. Free7-~. Television and Stereo
5. Indicat. the amount of natural open spac. that is part of the project
(sq. ft. or acr.s) 4,000 Sq Ft
I. If the project w111 ,..sult in any emplo.YHnt opportunities describe
the nature and type of these jobs. Three Positions. (Proiect Manager,
Resident Manaqer and Niqht Manaqer) .
7.
"111 highly
substances
site?
or potent1l11y explosive .Iterials or
or stored within the project
8. How IIlny estilllted automob11e trips, per diY, w111 .be generated by
the project? 5 for STaff
1I. Describe (if any) off-site improvements necesslry to implement the
project, and their points of access or connection to the project
site. Improvements include but not lillited to the following: new
streets; street widening; extension of giS, .lectric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
None
D. DESCRIPTION' OF ENVIRONMENTAL SETTING
1. Ceot oov
Has a geoloSl)' study been conducted on the property?
(If 1es, plelse attach)
Has. Soils Report on the project site been .Ide?
(If l'S, pl.lse attach)
M/'IJ.
N/A
,
2.
Mvd"Glaav
(
Ar. any of the following futures pr.s.nt on or adjacent to the
sit.? No (If yes, pleas. explain in detail.)
. .
a. Is there an1 surflce evidence of a shallow ground wlter
tabl.?
b. Are thlrl an1 wltercourses' or drainage 1lDprov....nts on or
adjacent to the sitl?
/2,51
"
(
(
:
.
c.
Do.s runoff from the project sfte drafn directly into or toward
. domestic water supply. lake. res.rvo1r or bay7
d. Could drainage from the sfte cause erosion or sl1tatton to
adjacent areas7
t. Describe .11 drainage fac111t1.s to be provid.d Ind their
location.
3. Noise'
I. Ar. there Iny noise sorees in the proj.ct vicinity which .ay
impact the-project site7 Nn
4. J1.gJ"w
I. Is the proj.ct site in a natural or partially nltural stat.?
No
b. If yes. has I biological surv.y be.n conducted on the property?
Yes No (Please Ittach I copy).
.
c. Describe all trees and vegetation on the site. Indicate
location,. height, diameter, andspec~~ of tr.es, Ind which. (if
any) will be removed by the project.
5. Past Us@ of th@ Lind
a. Are there any known historical or Nolreheologicll resources
located on or near the project s1te7
b. Are there Iny known paleontological resources?
No
c.
Have there been Iny hazardous materials disposed of or stored on
or ntar the project site7 No
,
d. What was the land previously used for? Eldstil'lCl Buildil'lCl on site
1>rcr.u; nnc:.l v 11cM -Fnr Grnl1n HN'nP
/2..52.
~
I. Curr.ftt Lln~
a.
Describ. all structur.s and land us.s currently .xisting on th.
proj.ct sit.. Residential Structure and two trailers
b.
Describe an structures and land us.s currently .xisting on
adjac.nt property.
North Va~.l!Int Land
South R_~i~pn~~81 Area
Eut - .
VJlJt"Jltnt Land
W.st R,..;..irlpn1"iAl ArPA
7. Satfa'
a. Ar. there any resid.nts on site? (If so, how .any?) No
b. Are there any current emplo~ent opportuniti.s on sit.? (If so,_
Ilow .any and what type?) Thiee, Program Manager/Resident Manager/Night
Manager
8. Pl.ase provide any other information whicll .ay assist in the
evaluation of the proposed proj.ct.
The MAAC Proiect will be establishing a 12 bed CUlturally Specific
Men I s Recovery Hone. The program will provide a social ncdel recovery
program for men with alcohol related problems. All residents are
voluntarily ~nrol1ed and ar~ emoloved or will be trained
for employement in the ccmnunity:
,
(
12. .~.3
WPC 'UIP
-lI-
\
t.
<'
.
.
. ;
E. 'ERTIFICATION
J.
or
Owner/owner in .scrow*
J. ROGER CAZARES
~PCLlt:iv~ Oit'ect~r
Consultant or Agent*
or
.
HEREBY AFFIRM, that to the best of my beHef, the statements Ind information
herein contained are in all respects true Ind corr.ct Ind that 111 known
information concerning the project Ind its setting has been included in this
Ipplication for In Jnitial Study of possible environmental impact Ind Iny
.nclosures for Ittachments thereto. .
DATE:
July 31, 1991
-If Icting for a corporation, include capacity and complny n....
,
.
I:;' . 't
-
. .
.
mE ern OF C11lJU nsTA PARTY DISCLOSURE STATEMENT
.
.(
Statement of disclosure of certain ownership interests, payments, or campaian contributions, on all matters
which will require discretionary action on the part of the City Council, pl"""i'1a Commi'sion, and all other
official bodies. The foDowina information must be disclosed:
1. 1Jst the names of aD persoDS havina . &anciaI interest in the ccntract, i.e., contractor,
subcontractor, material supplier.
MlIAC Proiect
2. II any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the ccrporation or owning any partnership
interest in the partnership.
,
3. II any person identified pursuant to (1) above is non-profit organization or . 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.
Stt AT'rACHED
4. Have you had more than S2.S0 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes_
No..x.. If yes, please indicate person(s):
s. 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.
Maritza r~rcia . RoQer Caldwell
Victor Looez Warren Garcia-Stewart
6. Have you and/or your officers or agents, in the aggregate, contributed more than Sl,OOO to a
Counc:ilmember in the current or preceding election period? Yes_ No~ If yes, state which
Councilmember(s): ,
~ Is dcllncd IS: ~ iNJivUIUtll, flnn. eDoptlnnmhip. joint vrll/llrt!. tlSsocintit1fl, social dub, frtumull tltftllllzation, corportltion,
rSlll/r, mut, mdtoer, syndi"'e, this and tlny 0I11I:r t:OUllty. I:it)' tllld cOI/"",1 city, IIwnicipnlil)', distrit:l or 0I116r polilical Sl/bdil'isiulI,
01' all)' OIhrr plp or combintllion tlaing as tl un;l."
( ':IIC::
July 31, 1991
(NOTE: AlIach Iddilional P.1gCS lIS DCCCSS:IIY)
,
1.2 eSt'
Sign:llure cuntrnctor/applicant
ROGER CAZARES, Executive Director
Print or t)'pc: n:1mc: of c:ontrnctor/llpplic:anl
IR.-..I: 1I.::lII.'JO)
(.\.II.l.\;DISC1.Ost!.Th'TI
.
(
MAAC PROJECT
ROGER CAZARES, EXECUTIVE DIRECTOR
-
BOARD OF DIRECTORS
ERNESTO AZHOCAR - CHAIRPERSON
MANUEL R. CAMACHO - VICE CHAIRPERSON
DOLORESADAME-SECRETARY
. EDWARD NICHOLAS - TREASURER
1) Anthony V.n.ga. f) Edward Njcho1a.
~.tc.tan Hjgh School Coach
C u1a Vi.ta, CA '2010 Sf'!, '2050
283-5503 (worle) hOIll.)
) 1181
7) Victor R..ande.
2) Ern..to Aahocar ~./II.
IlfPAC'1' Dir.ctor
.onita, CA '2002
Natjonal C~ty, CA 'J'50 575-5112 (worle)
~hO/ll.) _(hOIll.)
/74 f/78
3) Dolor.. Ad_. 8)
Community Activi.t
San r. dro, CA '2073 ... '20
....hOIll.) (ho_)
82 727-2412 (worle)
7/87
4)
9) Anni. Arroyo
ru COIIIpliance OLLic.r
EIII 10 nt D.v.lop. Dept.
,
5) Manu.l R. C..acho
reatro Mu.ical Dir.ctor
~f
'h_)
(work)
(
/2.~ sz,
\
CITY DATA
Case Ho. /5- .9,..>- c>~
F. PLANNING DEPARTMENT
1.
Current Zoning on site:
Horth
South
East
West
'K-3
t..::':'""";:O
1.\
Does the project conform to the current zoning? \{/., '-'"
'^-
I' '".
2.
General Plan land use
designation on site:
Horth
South
East
West
j'-1 d "J'" i,,,'')\.-.
- j . I
! ' \
(I' ce!'r/(' ,.....~ >J .
(, . ('i: ')
~ '1' ). ',)
. ;'1('1' / ~" /.~/,.,-
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? '(0'
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. Schools
If the proposed project is residential, p)ease complete the following:
Students
Generated
From Proiect
Schoo 1
Permanent Temporary Current
Attendance Caoacitv Caoacitv
Elementary
Jr. High
Sr. High
\\)1
,
4. Remarks:
,
\ h,l\.f 1/1 iHt {. \ }ULUk
D1rector of Planning or Representative
'7. ::l c:; '~71
Date
WPC 9459P
1,2- S7 13-
.
(
tue No. "'- \- "Pv.- <<>s-
H-l. PARKS AND RECREATION DEPARTMENT
1. How .any acres of parkl and are necessary to serve the proposed
project?
2. How .any acres of developed parkland are within the Park Service
District of this project as shown in the Parks and Recreation Element
of the General Plan? (If applicable)
3. What are the current park acreage requirements in the Park Service
District? (If applicable)
4. Is project subject to Parks & Recreation Threshold requirements?
If not, please explain.
t
5. Are existing neighborhood and community parks near the project
adequate to serve the population increase resulting from this project?
Neighborhood
Community Parks
6. If not, are parkland dedications or other mitigation proposed as part.
of the project adequate to serve the population increase?
Neighborhood
Community Parks
7. Does this project exceed the Parks and Recreation Thresholds
established by City Council policies?
. 8. To meet City requirements, will applicant be required to:
Provide land?
Pay a fee?
9. Remarks: _N-o
~C:Ql,).f1O~ 0.<<- Cd"'M~
,
~ S"~
Parks and Recreation Director or Representative
t>. -t..8 .q).
Date
(
12 - ~~
UIlt' u=n
_111_
;
~
,
~
-
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~t [17!J-.~2.3:2.
J. 'IIIIt..f _'lit 9, /1 '1/'1/
4. _., ""-"1 tdo;.rrhrh HP.vL~ ~('",vcni H/I/Vle..
.. 10m., s_ ..... \ C.:;> - '0. - 0 S
I.
I.
II.
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Cr.p,_t_ of .11 ol'Olo .. """0 ___ IN ....t.... . .tt.......
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I. ~. 11111 tIIo .....1 ....It to:
.. IIOstl". _ coodttt_ .. ~
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0011'
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d.
1110 dootroctt.. _.. ..
..lIfle.u_ .f .., sot.- ...'..'e
.. ,..,.., f..l.....'
we ft.
-10.
,
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.f 0011.. .,tIIor. .. off too .tto,
f. ~ to ",,'tt. .. _I. of
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.....tu.. Of' .....,. ",,, Ill'
0Dd"1' tho _, of . rt_ Of'
.l.._ Of' till ... of tIIo __ .. ..,
My. 'o'ot or loto'
,.
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r.:,..te huon. .... .. ..""",,"kos.
.....11..... .....11... .......
f.II..... .. "''''ar hu.....'
I.. Atr. 1111 ....,t to,
.. Sohtlol'.' .'r .....t_ ..
.tort....U. of _tOlll .'r ...It~
.. 1110 croott. of -.teett...,. .......,
e. .',"",tt..f .tr ~. .tltol'l.
IF' t....,..t.,... ... .., dI... t.
ell_l.. .n. ,...111' or ~'_11l'f
J.
-. 11111 tIIo .....1 ....,t to'
.. ~I to ~.. .. tho _ ..
d'rocU. of ..lor _l.. ,.
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.. ~ to ......,tt. _. ...,....
"u..... or too r.lI .... _ .f
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IIPCft5tP
.11.
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YS-444-
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6. ENGINEERING DEPARTMENT
Case No. rS-1;2-DS
1. Drainaoe
a.
Is the project sfte wfthfn a flood plafn? ~
If so, state wtlich FEHA Floodwl,1 Frequency un ary
b.
What. fs the locatfon and descrfptfon of Ixfstfng on-sfte
drafnage facilftfes? !5VP-FA/'- F'-CW Tll S~">&J'P .w~UE.
c.
Are they adequate to serve the p~ect? ~~~
If not, Ixplafn briefly. t:>IJI..Y ufJ.FA' ~'Io/U..lZ.
d.
What fs the locatfon and descrfptfon of .xfstfng off-sfte
drafnage facil itfes? ~1tF.V&: J:toI1I ~ .<;Ft"~ A-V~ J.lOf2:rUW,AJZ:r>
"'Tt> ~N~~A"<4 cv~ rlolL-Er WU-IUH Dtn-z=A.r, tC TZ> 'TlU:;;. ~~~
.
7ZJ V€fZ. . .
Are they adequate to serve the project?_~~.
If not, explain briefly.
e.
2. ]ransDortatfon
a. What roads provide primary access to the project? ~~ ~~~~
AV&..Lt JE
b. What is the estfmated number of one-way auto trfps to be
generated by the project (per day ? ~
~ boc;,.s oJ. E:...-
c. What is the ADT and estimated level of servfce before and after
project completion?
Before After
A.D. T. _4B'3f"> 5::>70
L.O.S. e Co
,
If the A.D.T.. or L.O.S. is unknown or not appl.fcable, .xplain .
briefly.
(
d. Are there any intersectfons at or near the point that will
result in an unacceptable Level of Servfce (LOS)? NO.
If so, identify: Locatfon
Cumulative L.O.S.
/2. ~ (po
II~C US9P
-14-
0'
YS-M+
'(
e.
Case No. rS4:Z-rF:.
Is there any dedication required? ~~~~C<~~.J:e~ OF'DEDIGMlClt'l
If so, please specify. Jt>f!:nf 4::r"IJO AilI'iAIlJIf. IS "1:N;!;1&~ J8,,,, rl ~:zr
~ IIJTIIE t".A~c:w..t r::IJCA.I~ t.>f:: ~ td~n..." ~#~F'F'GI~,-
~lcoJ ""~ U~c..IIUD ~ ""$r~ ~ OF 56.11:'> %:E5(,~
Is there any street widening required? . tJo 0
If so, pl.ase speCify.
f.
g.
Are there any other street illlprovelllents requfred? y~.:;
If so, please specffy the general nlture of the necesslry
illlprovements. o~lrr" l.,t:o.l+-T" 'le;. ~E:'~UI~
3. son s
a. Are there any antfcfpated adverse geotechnfcal conditfons on the
project site? U,Jf(.J.low..J
b. If yes, specffy these condftfons. ~/A
c. Is a sofls report necessary? ~o.
(
4. Land Form
a. What is the average natural slope of the site? ~~ I~~~,
b. What is the alxfmum nlturll slope of the sfte? ~ ,~r.n.~o
5. Noise
.
Are there any trafffc-related noise levels iaplctfng the sfte that
are sfgnfffclnt enough to justffy that a noise analysfs be requfred
of the appHclnl? 6JD. .
5. ."lSte Generatfon t:>tle-S ,",coT Ek 5 ~p C:,tu-r..sG US€..
How auch solfd and Uqufd (sewlge) waste w111 -be generated by the
proposed project per day?
1ili.d ~/A ~foufd IJ,/A
. ,
What is the location and ,size of existing sewer 11nes on or
downstream from the site? ~(A
,
. Are they adequate to serve the proposed project? ,,\/A
(
'1,2.-~J
.IMP
-15-
y~
,.
,
"
Case No. ~CI5'
"
~
7. Remarks
Please identify and discuss any ,..a1ning potential adverse iapacts.
.itigat10n ..asurls. or other issues.
\
"^.~
~-' eit Engineer or Representa ve
~~~ /'1 ,
Da~ '
,
(
/ t ~ - &1
IIPC '459P
-16-
.
(
Case No. /. \- 'pv- e>e>
H.l. PARKS AND RECREATION DEPARTMENT
1. How .any .cres of parkland are necessary to serve the proposed
project?
2. How lIany acres of developed parkland are within the Park Service
District of this project as shown in the Parks and Recreation Element
of the General Plan? (If applicable)
3. What are the current park acreage requirements in the Park Service
District? (If applicable)
4. Is project subject to Parks l Recreation Threshold requirements?
If not, please explain.
(
5. Are existing neighborhood and community parks near the project
adequate to serve the population increase resulting from this project?
Neighborhood
Community Parks
6. If not, are parkland dedications or other mitigation proposed as part'
of the project adequate to serve the population increase?
Neighborhood
COlllllunity Parks
7. Does this project exceed the Parks and Recreation Thresholds
established by City Council policies?
, 8. To meet City requirements, will applicant be required to:
Provide land?
Pay a fee?
9. Remarks: _N-o
~C:~l,).f1O~ 0..... ~"'M~
,
~~~
Parks and Recreation Director or Representative
~.1.-8 ,'l),
Date
(
It-(,3
WPC 9iUP
-18-
~
~
I
(i"o,
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... ef 1'1'/1 1 t M 1\ A C. 'P.!J2j(_~-t
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I. . Dotl ef CIoodll.t 9, /, '/ / '11
4. _ ., .........1 f\J()I;..~.drrJ6 ,.../1' ill: ~ RP("(">vo~1-f 4',\IVIC
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to ",'..'e _trocton.'
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"Old ..ton?
IIPCNSIP
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III. Detenlination
(To be completed by the Lead Agency.)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.......[ ]
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this elSe because the lIitigation IlelSures described on an attached
sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION
WILL BE PREPARED...................................................[ ]
I find the proposed project MAY have a significant. effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required........[ ]
Daf4
17-( 1991
~.
/JAAI
Signatur
r . VluJ..lLA
IV.
SUMMARY OF ISSUES
For-& ~ ~
List all significant or potentially significant impacts identified in
the Initial Study checklist form.
YES
MAYBE
'/...
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wpr .us.!llI
-28-
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M. DE MINIMIS FEE DETERMINATION
(Chapter 1706, Statutes of 1990 - AS 3158)
-1L It is hereby found that this project involVes 110 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 impact
wildlife, individually or cumulatively and therefore fees in
accordance with Section 711.4 (d) of the Fish and Same Code
shall be paid to the County Clerk.
~(j))M 'uuu;"
Environm ntal Review Coordinator
~. 7L./9C11
Date
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1/l,,1,9
VPC 9459P
-29-
. ._ ._~ _ .. _ .._ ~__n._"."
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COMMENT LETTERS
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ftaDc:IaiNe 01 Jlam".rtlUlKb of America. lac.
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Kampgrounds Enterprises, Inc.
111 NORTH SECOND AVENUE
CHULA VISTA. CALIFORNIA 92010
TELEPHONE cet 81 427.3eOI
3:.1:>
Mr. Douglas D. Reid
Environ~ental Review Coordinator
City of Chula Vieta
PO Box 1087
Chula Vista, CA 91910
August 26, 1991
RE: Caee _ 15-92-05
Dear Mr. Reid:
This letter addressee so~e concerns that we have here at San
Diego KOA and also concerns expressed by Harriet Acton of 265
Nixon PL, Chula Vista, who requested that we write on her
behalf since she is out of town et this ti~e.
Our pri~ary concern is centered around the fact that MAAC is
proposing to lease only a small portion of the total
facility. Thie raises a number of issues.
What, if any, compatible uses will be found for the rest of
the facility? While the MAAC proposal as presented doesn't
sound too bad, who will be willing to take over the rest of
the facility? Currently, it seems to be used for transient
housing. We are very concerned that without a aingle tenant
for the facility or without a proposal that presents the
~ultiple tenants at one time, there will be a great deal of
pressure on the city to accept far less desirable uses for
the rest of the facility. Who will be responsible for the
maintenance and upkeep of the grounds and exterior of the
buildings, shared facilities such as irrigation systems and
fire alarms? Mrs. Acton reporte that there have been
nuaerous falee alar~s for fire and each tiae several units
respond creating a disturbance for the neighborhood and a
cost for the city. We have experienced flooding proble~s
brought on by faulty irrigation syetea.. With aultiple
tenants we are concerned about accountability for correcting
these defects.
,
Another concern we have is that we already have an alcohol
rehab facility in our neighborhood <South Bay Pioneers). Do
we need another? We fear that we will soon be viewed as a
convenient repository for locating social rehabilitation
services. This could have a very negative i~pact on the
stability of our neighborhood.
(
/2 -711
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The propoeal by IIAAC is ~or a group hoae ~or "Latino lien".
Our neighborhood i& culturally and ethnically diverae. Will
the installation of an ethnic specific operation create an
iabalance? A facility of only twelve persona plue etaff
probably would not. However, once there, the eost likely
tenant for the rest of the facility will aleo be a IIAAC
eponsored prograa. Will it too be allowed to be cultural or
ethnic epecific? If so, we think thia will have an iepact on
the neighborhood.
We are aware of other propoeed uees for the proJect site
which would both lease the entire facility and invite
residents regardless of their ethnic backgrounds. We think
that the proposal aerits aore study and that an EIR should be
prepared at least on a liaited basis to assess the potential
iapacts to the neighborhood.
S~~)'07t?
~d~~ Pres. San Diego KOA
Harriet Acton,
,
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/2 - 12
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RECE/V120
OCi 15 79'.
PLANNING
TO:
CHULA VISTA PLANNING COOMISSIClN
CHULA VISTA CITY COUNCIL
RE:
NOSOXROS ALCOHOL RECOVERY HCt1E
I am writing to endorse MAAC Project's application to provide alcohol
recovery services at Nosotros.
(
MAAC Project has been involved in alcohol and drug related services for
almost two decades., In addition to providing Drinking Driving Services
in San Diego County since the law was implemented in 1978, MAAC has
administered a highly successful recovery program for women since 1986
(Casa de Milagros). This agency has consistently demonstrated its
ability to be sensitive to the needs of its clients as well as the
conununity.
MAAC Project has a proven track record of effectively integrating services
such as job placement, housing, and training services which would also be
'available to residents of Nosotros.
I would strongly urge you to approve the application of the MAAC Project
as it has clearly demonstrated a unique ability to provide meaningful
services to a population that all too often does not receive the kind
of attention that is required. '
S~lY"~J'
Nancy ::<:hCOCk, Chairman
South Bay Directors Council
,
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RECEIVED
AUG 26 199!
PLANNING
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RECEIVED
AUG 26 1991
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RECEIVED
AUG 20 1991
August 23, 1991
PLANNING
Environmental Review Coordinator
P. O. Box 1087
Chula Vista, CA 92012
Dear Sir:
In response to IS being conducted on
location at 3 North Second Avenue, I am
objecting to the idea of moving in twq
mobile homes for classes for facilities
for Latino men.
In my estimation, this will be more clutter
on the property, more people, more cars
and traffic coming and going, and this
facility will be in addition to whatever
is going to be placed in the 62-bed facility.
I feel this is absolutely too much activity.
I own and have lived at 44 North Second
Avenue for the past thirty years. My place
is the old Victorian Orchard home across
the street and in direct view of 3 N. 2nd.
Please consider the quiet ambience of our
neighborhood and our desire to maintain
as much as possible the peacefulness that
now exists.
Very truly yours,
\\ \ .
f\,X' l1A nt \,:~u(
r.~s~ Joan ~~ Jones
e-2-8894'
12 "19
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Sweetwater Union High School District
ADMINISTRATION CENTER
1130 Afth Avenue
Chula Vilta, California 81911.2896
(619) 691-5500
Division of Plennlng end Fecilitles
August 29. 199 I
RECEIVE:)
SEP - 5 l~"'i
PLANNING
Mr. Douglas Reid
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 91911
j:
Dear Mr. Reid:
li!e: 15-92-05 - 3 North Second Avenue
The above project wi1l have an impact on the Sweetwater Union High
School District. Payment of school fees will be required pursuant to
Government Code No. 65995 (Developer Fees) prior to issuance of building
permi t.
Tomas Silva
Director of Planning
.
TS/ml
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IOARll Of EDUCAllON
JOSEPH D. CUMMINGS. PI>D.
LARRYCUNNINGHAII
SHARON GilES
PATRICK A. JUDO
GREG R. SANDOVAL
SUPERINTENDENT
DiN F. VUGRN. Ph.D.
(
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
August 15, 1991
Ms. Maryann Miller
Environmental Review section
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
, 91991
RE: IS-92-05 / FA-542 / DP-N/A
Location: 3 North Second Avenue
Applicant: MAAC Project
Project: "Nosotros" CUlturally Specific Men's
Recovery Home
Dear Ms. Miller:
This is to advise you that the project, located at 3 North
Second Avenue, is within the Chula Vista Elementary School
District which serves children from Kindergarten through
Grade 6.
- >
District enrollment has been increasing at the rate of 4 - 5
percent over the past several years, and this is projected
to continue. Permanent capacity has been exceeded at many
schools and temporary relocatable classrooms are being
utilized to accommodate increased enrollments. The District
also buses students outside their attendance areas, both to
accommodate growth and assist in achieving ethnic balance.
Currently a developer fee of $1.58 per square foot of
assessable area ($ .70 for Chula vista Elementary School
District, $ .88 for Sweetwater Union High School District)
1S assessed for new residential construction and
additions/remodels of over 500 square feet.
Since developer fees currently allowed under State law
provide approximately twenty-five percent of the facilities.
costs to house new students, the District encourages
developer participation in alternative financing mechanisms
to help assure that facilities will be available to serve
children generated by new construction. We are currently
utilizing Community Facilities Districts (CFD's) as one
method to help fund this shortfall. Participation in a CFD
is in lieu of developer fees, with school mitigation paid by
the homeowner in the form of a special tax. Residential
projects of 20 units or more west of the I-80S, and all new
development east of the I-80S, are recommended for
participation/annexation in a CFD. other smaller projects
are also given the opportunity to mitigate school impacts
through annexation in lieu of fees.
1,2..~(
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August 15, 1991
Ms. Maryann Miller
Page 2
RE: IS-92-05/"Nosotros" CUlturally Specific Men's Recovery
Home
The subject project, "Nosotros" CUlturally Specific Men's
Recovery Home, is located in the Rosebank school attendance
area. This school is presently operating over capacity, and
a developer fee as described above is required to help
mitigate school impacts. To fully mitigate impacts this
project will have on elementary facilities, the project
proponent is encouraged and has the option to request
annexation to CFD No. 5 in lieu of fees. If you are
interested in annexing to CFD No.5, please let us know as
soon as possible, and we will forward our annexation
criteria to you.
If you have any questions, please contact this office.
Sincerely,
~~~
Kate Shurson
Director of Planning
KS:dp
ce: Roger Cazares
Maritza M. Garcia
,
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I,Z , 1'2..
RESOLUTION NO. PCC-92-06
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A
12-BED RESIDENTIAL TREATMENT FACILITY FOR
RECOVERING ALCOHOLICS AT 3 NORTH SECOND AVENUE
WHEREAS, a duly verified application for a conditional use permit was
filed with the Planning Department of the City of Chula Vista on August 8,
1991, by the MAAC Project, and
WHEREAS, said application requested permission to establish a 12-bed
residential treatment facility for recovering male Latino alcoholics. The
program, referred to as Nosotros, woul d occupy the southerly port i on of the
former Vista Hill/Southwood psychiatric facility site at 3 North Second Avenue
in the R-3 zone, 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 publ ication in a newspaper of
general circulation in the city and its mailing to property owners within 500
feet and beyond of the exteri or boundari es of the property at 1 east ten days
prior to the hearing, and
WHEREAS, the heari ng was held at the time and pl ace as advert i sed,
namely 7:00 p.m., November 6, 1991, 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 issued
on IS-92-05.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as
follows:
1. That the proposed use at the 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 Nosotros program will provide a desirable service by
offering shelter, food, counsel ing and training for recovering
alcoholics attempting to reestablish themselves as responsible,
contributing members of society.
2. 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 program will be established on a site which has served as a
group residential treatment facility for many years. Conditions
/2 -. K'''i
have been imposed to address the potential conflicts with
surrounding residents presented by this program which may not
have existed with the prior youth psychiatric programs.
3. That the proposed use will comply with the regulations and
conditions specified in the code for such use.
Compliance with all applicable conditions, codes and regulations
shall be required prior to occupancy of the property.
Specifically, a condition has been imposed that requlres
abatement of the present unauthorized use of the northerly
portion of the property prior to this permit becoming effective.
4. 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 granting of this permit as conditioned is consistent with
City pol icies for accommodating a full range of services and
facilities for the benefit of its residents.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that
the City Council adopt a resolution granting the conditional use permit,
subject to the following conditions:
1. Thi s permit shall not become effective, nor shall any
improvements or operations associated herewith be commenced
until the unauthorized use of the northerly portion of the
hcil ity has ceased and the residents have been vacated from
those premises. Reestablishment of any unauthorized use of the
northerly building and facilities shall render this permit null
and void.
2. The approval of thi s permi t shall in no way be seen as an
endorsement or precedent for establishing the same or a similar
type of use on the northerly portion of the property. The
approva 1 of thi s permit may in fact comp 1 i cate any proposal for
the use of the northerly port ion of the property because of
issues regarding compatibility and coordination of land uses,
and the use and control of the facilities.
3. The mobile trailer units are hereby authorized for a period of
two years from the date thi s permit is approved by the City
Council. The trailers shall thereafter be removed.
4. The parking spaces associated with this proposal shall be
restriped in accordance with City standards.
5. The use shall comply with the information outlined in the
application and supplemental materials submitted by the
applicant, including numbers of residents and staff, programs,
supervision, and so on. Failure to comply with these parameters
or the conditions of approval, complaints from surrounding
residents, or failure to properly maintain the building or
-2-
/2 ~ Is
grounds shall const i tute grounds for review and possi bl e
revocation of this permit.
6. This permit shall be subject to any and all new, modified, or
deleted conditions imposed after adoption of this resolution to
advance a legitimate governmental interest related to health,
safety or welfare which City shall impose after advance written
not ice to the permittee and after the Ci ty has gi ven to the
permi ttee the right to be heard wi th regard thereto. However,
the City, in exercising this reserved right/condition, may not
impose a substantia 1 expense or depri ve Permi ttee of a
substantial revenue source which the Permittee can not, in the
normal operation of the use permitted, be expected to
economically recover.
The applicant shall agree to no
consumption or participate in whatever
offset program the City of Chula Vista
of building permit issuance.
That a copy of this resolution be transmitted to the applicant and
the City Council.
7.
net increase in water
water conservation or fee
has in effect at the time
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 6th day of November, 1991 by the following vote, to-wit:
AYES: Commissioners Carson, Tugenberg, Casillas, Fuller, Martin, Decker and
Tuchscher
NOES: None
ABSENT: None
\
r('\
/~~J
Joe D.
Chair
ATTEST:
~~~tt ~h~__
Nancy R' ley, cret~ry
WPC 9945P
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EXCERPT FROM MINUTES OF PLANNING COMMISSION MEETING - 11/6/91
ITEM 4:
PUBLIC HEARING; CONDITIONAL USE PERMIT PCC-92-06; REQUEST
TO ESTABLISH A 12-BED RESIDENTIAL TREATMENT FACILITY FOR
RECOVERING ALCOHOLICS AT 3 NORTH SECOND A VENUE - MAAC
Project
Senior Planner Griffin noted that the property was incorrectly called out as "Open Space" on the
Chula Vista General Plan. It is actually designated "Medium High Density Residential" which
is between II and 18 dwelling units per acre. It was a graphic mistake incorrectly placed on
the General Plan when it was last printed.
Mr. Griffin asked that the following condition as reflected in the Negative Declaration be added
to the staff recommended list of conditions:
That the applicant shall agree to no net increase in water consumption or to
participate in whatever water conservation or fee offset program the City of Chula
Vista has in affect at the time of building permit issuance.
Mr. Griffin pointed out the former Vista Hill/Southwood facility on the east side of North
Second Avenue as the project site. The property is roned R-3 Multiple Family Residential and
contains two main buildings, plus some accessory structures, and 54 parking spaces. Mr.
Griffin gave an overview of the site location, the surrounding land uses and zonings, the
proposed use of the property, and explained the program.
Senior Planner Griffin stated that the property had been used historically as a treatment facility
for emotionally disturbed youngsters, and staff believed that the Nosotros program would fit
within the site and is supportable based on conditions listed in the staff report. He noted that,
in staffs opinion, the two most significant conditions were conditions 1 and 2. Condition 1
dealt with activities occurring on the northerly portion of the site which had not been authorized
or cleared with the City. Mr. Griffin said there was Code enforcement action pending on that.
The property was under single ownership, and the property owner would benefit from location
of the Nosotros Program; therefore, staff had suggested a condition that would require all of the
unauthorized illegal activities occurring on the site to cease before this program could be
established on the site. They would have to remain in compliance in order for the MAAC
Project to remain.
Mr. Griffin said the second condition was more of a notification. Staff felt there was a
likelihood by using only a portion of the site for the MAAC proposal, it could complicate what
could go on the balance of the site both in terms of compatibility of uses and in terms of control
of activities on the site by a single entity.
Based on the conditions listed in the staff report and the added condition, staff recommended
approval of the request. Mr. Griffin noted that included with the staff report were three letters
/2... &1&
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supporting and three letters either objecting or noting some concerns with the project. Also, a
letter in support was given to the Commissioners at the meeting.
Commissioner Carson asked how the applicant would make sure that residents would not be
allowed to loiter off-site, which was condition no. 6. How would it be enforced?
Senior Planner Griffin answered it could be part of the initial rules and regulations for residential
behavior at the facility; or simply noticing that type of activity occurring within the area of the
property, or neighbors calling in concerns about the occurrence of that type of activity.
Commissioner Carson clarified that it would not involve the cessation of the use of the facility
immediately. Mr. Griffin answered that it would not, but if it became a recurring problem it
would be a violation of that condition and could be brought back to the Commission for review
for additional conditions or revocation.
Commissioner Carson was concerned that it would be difficult to enforce, and there may be
harassment from the neighbors.
Assistant Planning Director Lee pointed out that condition 8 stated that failure to comply with
the conditions could be grounds for revocation, and could be brought back to the Commission.
Answering Commissioner Carson's query, Mr. Lee said that if complaints came in, staff usually
was able to meet with applicants and get it corrected before going back to the Commissioners.
It had not been an issue.
Commissioner Tuchscher, regarding ceasing the activities in the north, asked if there was any
idea as far as timing. Senior Planner Griffin answered that the start-up of this program could
be tied to that and, in addition, there was Code Enforcement action pending which would
eventually result in that activity ceasing.
Commissioner Tuchscher noted that the trailers on the property were originally put on the
property under a conditional use permit in 1981 and renewed for a period of two years. He
asked if they were currently legal.
Mr. Griffin answered that they were not legal. They were approved originally under a variance
issued in 1976 which expired in 1981. The trailers were never removed. There was nothing
in the City's system to key staff into the fact that the variance had expired. If there had been
a change in ownership, they may not have realized it was a temporary use. Staff suggested that
an additional two years of use be granted in order to allow some transition and then be required
to be removed unless an extension was requested and granted.
Commissioner Tuchscher stated that he assumed staff now had some condition for triggering that
timeframe. Mr. Griffm concurred.
Commissioner Decker asked if there was bus service along Second Avenue, and the location of
the closest bus stop. Mr. Griffin answered in the affirmative, and said the closest stop was at
the entrance of the KOA Campground.
/2. .g-q
-3-
Commissioner Decker asked if the trailers were to be removed in two years, what would replace
that utility. Mr. Griffin answered that the options would be to transfer into another portion of
the building, or construct a permanent structure to house those facilities, or request an extension
of the use of the trailers.
Commissioner Tugenberg asked if there had been any complaints of loitering or bad behavior
by people in residence at the Pioneer alcohol treatment center on "C" Street. Mr. Griffin said
he had not checked on that specifically, but hadn't heard of any.
Commissioner Tugenberg asked if the building had been designated as a historical site. Mr.
Griffin answered that it had and was called the Bulmer House. Commissioner Tugenberg asked
if there were any restrictions by the City on buildings which had been named as historical sites.
Mr. Griffin said that the Code contained certain restrictions which could be applied to such
properties, but had only been applied to one property and was not applied to the subject
property.
Commissioner Tugenberg asked what the trailers were currently being used for. Mr. Griffin
said they were empty. Commissioner Tugenberg stated that they were occupied. He had
observed this himself when he had visited the site.
Mr. Griffin stated they had been unoccupied when he had visited the site. The northerly
building and facilities were being occupied by people who were not supposed to be there; but
he was not aware of anything occurring on the southerly portion with the exception that the City
had authorized MAAC to have a desk and phone in order for them to make some preparations
with State licensing, etc. for use of the facility in case it was approved by the Planning
Commission and City Council.
Commissioner Casillas, referring to condition 6 regarding loitering, was concerned also with
enforcement, and felt the condition was redundant since he felt it was covered under condition
9. He asked for removal of condition 6. He was also concerned with condition no. 1. He felt
the applicant was being punished for the actions of the owner, and had nothing to do with what
was going on with the rest of the facility. He didn't feel the applicant could be held responsible
for the conduct of the owner, when they had no control over it.
Commissioner Casillas was additionally concerned with condition 3. He asked for more
information regarding the outdoor sitting area and the screening.
Senior Planner Griffin responded that the only exterior area which would be available to this
facility was in the front yard. Based upon the boundary of the area the residents would be
limited to using, they wouldn't have access to some of the outdoor facilities and back areas
including the tennis courts and recreation room on the northerly portion of the site. He felt a
screen would provide a more private setting for the residents, and avoid congregation of people
in front or in the street where there were not adequate recreation and patio areas to serve them
internally. Mr. Griffin stated that was the only intent.
1.2. - tf~
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Commissioner Casillas felt there wouldn't be much time for sitting, but it would be a nice place
for a leisure break. If the area was screened, it would have an institutional look.
This being the time and the place as advertised, the public hearing was opened.
Pamela Smith, District Manager for the Social Security Administration, representing the City
of Chula Vista's Human Services Council, 380 Third Avenue, Chula Vista, stated that the City
of Chula Vista had conducted a social service plan for the City of Chula Vista to try to
determine unmet social service needs and problem areas. As a result of that plan, the City had
identified three areas that were major problems. One of those top three problems was drug and
alcohol abuse. As a result of that social service plan, the Mayor and City Council established
the Human Services Council to work with all the social service providers by sharing resources.
Ms. Smith said it became critical to have a center and a facility such as the MAAC Project, who
has an excellent reputation in the South Bay. She spoke in support of the project and
encouraged approval of the conditional use permit for the MAAC Project.
Ro!!er Caldwell, Deputy Director for the MAAC Project, 1750 Colfax Drive, Lemon Grove
91950, gave an overview of MAAC. He did not feel they should be penalized for the
landowner's wrong doings. He noted they had a problem with conditions no. 1, 3, 6 and 7.
Warren Garcia Stewart, 45 Third Avenue, Chula Vista, Program Manager for Nosotros (MAAC
Project) said he was a recovering alcoholic who had gone through a similar program similar in
the San Francisco Bay Area, eventually went to work for that program, and became the facility
manager. As program manager for Nosotros, their intent was to meet the requirements of a
structured, organized program. He explained their program, and said the ultimate goal was to
help alcoholics recover. Mr. Stewart said the trailers were not occupied, except for storage of
mattresses. The building next to the trailers was occupied. He assured the Commission that no
one was occupying the trailers. Mr. Stewart requested approval of the application.
Commissioner Martin stated that residents are expected to pay. He asked the methodology of
payment if people are there all the time, how were they expected to earn any money?
Mr. Stewart answered that they are expected to be there all the time for the scheduled activities
they would have. In the first 30 days, they are not expected to make any money--they are
expected to be working on their recovery. Eventually, as they went through the phases and were
able to go out and seek work or attend school to eventually find jobs, they would be able to pay
the $250 a month that would be required. As they progressed through the program, they would
back pay what they owed to the best of their ability and continue to pay until they were ready
for a well-organized exit.
Commissioner Martin asked if they pay MAAC Project, which is a federally funded program.
Mr. Stewart concurred, but explained that the MAAC Project is a County contract which takes
into consideration in the budget the monies that are appropriated by the County and an
estimation of what their fee receipts would be.
IZ.q,1
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Commissioner Martin asked about trained staff, the credentials, and the selection process for
staff members.
Mr. Stewart answered that he was the program manager and was hired by the Director Maritza
Garcia on the basis of the history of his experience in social model programs. He had been
working with alcoholics for 8 years and had been with the MAAC Project for 3 years working
with the drinking driver program. Mr. Ramos was hired based on his experience of a similar
type of program and his experience with group activities for relapse prevention; and also based
on the length of Mr. Stewart's and Mr. Ramos' sobriety. Mr. Stewart said that was what the
program was about--one alcoholic helping another.
Commissioner Martin asked how the candidates were selected, and why was it limited to 12?
Mr. Stewart said it was limited because the money funded by the County limits them to 12; they
had made a proposal for 25 but the money was not available. As to the screening of applicants,
Mr. Stewart answered that generally they were referred to them by agencies throughout the area,
and the individuals who are accepted are screened by staff who have to be convinced of the
applicants' willingness to make changes in their lives and willing to abide by the many rules and
regulations of the program.
Commissioner Martin inquired if there were any hard-core drug people in the program in their
history .
Mr. Stewart answered that the program was designed primarily for alcohol problems.
Commissioner Carson asked if an Anglo came to them with the same problem, would they be
allowed to come into the program?
Mr. Stewart answered affirmatively. The program is referred to being Latino which is the target
because of the fact they find them to be under served, but it is not exclusive to Latinos.
Commissioner Tugenberg asked if they had ever gotten references from the courts or Police
Department.
Mr. Stewart said they had in other programs. It was possible, but they couldn't be court-
ordered to their program. MAAC would make the decision as to whether they were appropriate
to the program.
Commissioner Carson asked how Mr. Stewart decided that was the program for him, if he was
referred, or his other staff member was referred to the program.
Mr. Stewart replied that he had heard about it and decided himself to get in the program, got
on a waiting list and three weeks later was in the program.
Commissioner Decker asked if three people was enough staff for a 24-hour day, 7-day a week
function.
//l../tt
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Mr. Stewart explained that the night manager worked a few hours in the evening and the day
people were staggered. The night manager would go to sleep at 11:00 p.m. along with the
residents and get up the same time as the residents and get them started in the morning.
Commissioner Casillas said that in a study his son had done on alcoholism, it was indicated that
the alcoholism rate among Latinos was 150% of what it was in the general population. He
asked if that was what Mr. Stewart was finding.
Mr. Stewart said he didn't have the exact figures, but didn't feel that was too far from being
true. When you look at the nature of the culture as it relates to alcohol and to the economic
situation, it wouldn't be unusual.
Iva M. Zuni~a, 1127 S. 38th Street, San Diego, CA 92113, said she resided at one of their
treatment homes and was a recovering alcoholic. She had been there for about 8 months. She
had learned that she had a disease, and that she was not alone in the world. Ms. Zuniga said
they kept very busy reading the 12-step books, going to meetings, having group meetings, and
going to educational classes about the disease. She said she was now going to school and
working. She was grateful that they were there when she needed them, and supported the
proposal.
Daniella Montalvo, 1127 So. 38th St., San Diego 92113. Referring to an earlier question by
Commissioner Casillas, she noted that she was non-Hispanic, and the MAAC Project had helped
her. She said she had been there six months. She had gotten ajob through the MAAC Project,
and asked that alcoholics be given a chance to make themselves better.
Sandra Fi!!:ueroa, 3010 32nd St., San Diego 92104, said she was an ex-resident, a graduate
resident, of Casa De Milagros, and was also a recovering alcoholic. she had learned about the
program when she was in and out of jail all the time because of alcoholism. It had been three
years since she had drank and since she had been in jail. She said she now had self respect
since she had been in recovery; she also worked and had been attending City College for the
past two years.
Mary Powell, 318 Kimball Terrace, CV 91910, said she was a former resident of the area of
the proposed project. She felt the neighbors felt threatened, but Ms. Powell said recovering
alcoholics were dedicated to their own recovery and needed all the help they could get. She had
been involved with similar types of projects, and she didn't feel there would be anything about
Nosotros that would cause a neighborhood to be concerned in any way.
Tony USQuiano, 80 N. 2nd Ave., CV 91912, said his house was directly across the street from
Vista Hill where the MAAC Project was proposed. He had attended a meeting explaining the
MAAC Project and was impressed by it. He was impressed with the fact that they were going
to open up their meetings if they have good speakers to the community. He agreed with
Commissioner Casillas that he didn't see a need for a screen.
12.. ~
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Mike Bell, 111 No. 2nd Ave., CV 91910, representing KOA Campground, said they did not
have a problem with MAAC or the proposal, but felt granting a use for a small portion of the
facility was a mistake. He noted that the applicant may kick out the people who were using the
property for a period of time to get MAAC established and then bring them back and have the
same zoning enforcement problem that currently existed. He recommended not approving the
project. He questioned what would happen to the rest of the facility, who would accept MAAC
as a neighbor; who would MAAC accept as neighbors in the rest of the facility; would they be
compatible; who would be responsible for common facilities like landscape and irrigation.
Peter Watry. 81 Second Avenue, CV 91910, said he had a concern regarding the people already
living there in the northern part, not part of the MAAC project. He agreed that the burden
should not be on the MAAC Project to eliminate the undesirables in the area. He said the area
residents were also concerned that the facility residents would wander aimlessly and/or loiter the
neighborhood. Mr. Watry said that was already happening with the people were living there.
He was also concerned with what would be done with the other 80 % of property. He would like
an added condition that would restrict the property to just this use and not some of their other
MAAC projects like their driving classes. He asked that the approval of the MAAC Project be
postponed until something was done about the other half of the property.
Leonard Aguillard, 138 Minot, CV 91910, didn't feel the MAAC Project belonged on North
Second Avenue. He said it was a fantastic program but they were understaffed. He felt the
name of the project--Nosotros--would keep alcoholics other than Hispanics from using the
facility.
Jeff Cotta, 935 Broadway, SD 92101, representing the owner of the property, reiterated that no
one was living in the three trailers. It was empty except for mattresses. The site currently had
approximately 18 independently living adults. He said that upon inspection by Mr. Foster of
the City of Chula Vista, he saw nothing wrong with the way they were being housed or anything
wrong with the project that was up there and thought they would probably work very well with
the MAAC Project as a neighbor. Mr. Cotta said the owners of the property supported the
MAAC Project in this endeavor and would like to see it take place.
Chair Fuller asked when someone was there from Code Enforcement?
Mr. Cotta said he had received a letter from Mr. Foster, and Mr. Foster had gone there a couple
of weeks ago and had looked at the property. Then two Code Enforcement Officers came up
at one time and looked at the property and talked to a few of the people. Mr. Cotta said they
recommended that they get a video camera and let the Planning Commission see exactly what
was going on, which again was not people out on the front lawn. The majority of their activity
was contained in the back patio areas which was totally blocked from the street. He said they
were doing their best to make sure they were not using any more water than necessary. Mr.
Cotta reiterated that the City officials who had looked at the property had found nothing wrong
with the current state of what they were doing. As far as a pending Code enforcement action,
Mr. Cotta was not sure what was meant by that.
I z - /lY
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Mr. Cotta said that if Mr. Foster felt the program or the independent living was okay, he didn't
find that to be much of a problem in being neighbors with the MAAC Project's program.
Chair Fuller asked if a staff person was present.
Sr. Code Enforcement Officer Dick Foster said he had gone to the site at the request of the
Planning Department to see what was there and to see how it fit with the City Ordinances. The
visit there was to determine how the property was being used, how many people, etc. It was
determined that it was in violation of City Ordinances. The letter was then sent out stating the
use required a conditional use permit. The Chula Vista Municipal Code required that any use
of the property be discontinued until the proper permit was received, and if they needed further
assistance, to contact the undersigned. Mr. Foster said he had signed the note which was mailed
on September 16. There had been no response within the 30 days. They had discussed with
Planning the idea of tying it to the CUP. Mr. Foster said they did, and will continue to, enforce
the Municipal Ordinances and don't leave them dangling. In the due process, that will be
enforced whether or not a CUP was approved.
Commissioner Tuchscher asked the representative of the property owner if the property owner
was benefiting from the lease financially.
Mr. Cotta replied that he was to some extent.
Commissioner Tuchscher asked if it was the property owner's position to continue the activities
on the north part of the property?
Mr. Cotta said that would depend upon whether everything was okay. He asked for clarification
from Mr. Foster before he would answer the question.
Assistant City Attorney Rudolf determined that it was not appropriate for the person testifying
to cross examine the staff. If he had a question he should ask the question through the Chair.
Commissioner Tuchscher withdrew the question. He said he had a real concern about the zoning
violation there. He agreed with Commissioner Casillas that it was not appropriate to hang this
over the heads of the MAAC Project who had a worthwhile purpose; however, it occurred to
him that the property owner would be benefitting from leasing a portion of the property and that
perhaps staffs obvious recommendation was to use this as some type of leverage to get him to
cease the illegal activity to the north. Commissioner Tuchscher was concerned that if the CUP
was approved and the MAAC Project moved in, that the illegal occupancy would start again
immediately after they occupied.
Mr. Cotta said that if Mr. Reichbart wanted to make a killing on the property, he would go
ahead and open it up to individuals who are on GR, who are homeless, who could pay on any
kind of a sliding scale, and then stuff as many people up there until he fought it out with the
City. He would rather see the site utilized the way it was intended to be which was what the
MAAC Project was doing and also the independent living. Mr. Cotta said he would like
1,2 . ~
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clarification at some point in time as to Code regulations and violations and whether they were
in fact doing anything illegal.
Assistant City Attorney Rudolf stated that he could clear for the record that the letter of
September 16 from Mr. Foster to Mr. Reichbart stated that the property is currently being
illegally used and it should cease. Mr. Rudolf asked Mr. Foster if he had changed his opinion
after September 167
Sr. Code Enforcement Officer Foster answered negatively. He said it had nothing to do with
what they were doing up there, whether it was good or bad. It was illegal. And that remained
the same. They could submit for a CUP or permit for the current use, and the letter suggested
that.
Senior Planner Griffin clarified that the property owner seemed to be under the impression that
having people living there quasi-independently in individual rooms somehow transformed the
property into an apartment house which complied with the underlying R-3 zone. He said it had
been pointed out to the property owner that this was incorrect; that it had been approved as an
institutional use for the care of emotionally disturbed youngsters. Any other group-type of
residential use of the property required a conditional use permit, which the MAAC Project was
applying for, and if the property owner wished to use it as an apartment complex, they would
have to submit plans showing that they comply with the occupancy requirements of the UBC and
the UFC, and that they comply with the zoning standards for parking, etc.
Commissioner Tugenberg commented that he had driven up to the project site, had seen a
mother and a child come out of the trailers, and several other people came out and got in a taxi
cab. The trailers were definitely being used, whether they lived there or not.
No one else wishing to speak, the public hearing was closed.
MSUC (CasillaslDecker) 7-0 that. based on the Initial Study and comments on the Initial Study
and Negative Declaration, find that this project wiII have no significant environmental impacts
and adopt the Negative Declaration issued on IS-92-05.
Commissioner Carson said there was unfinished business, and she felt that before the MAAC
Project is saddled with something, the iIIegal activity should be taken care of. She was against
a split use and would not vote for it.
MS (CasiIIas/Decker) that based on the findings contained in Section "E" of the staff report,
adopt a motion to approve the request, PCC-92-06, subject to conditions 2, 4, 5, 8, 9, and the
added condition 10.
Commissioner Tugenberg stated that he was in favor of the MAAC Project, but was not in favor
of deleting all of the conditions. Commissioner Tuchscher also had a problem with the motion
as it stood. Commissioner Tugenberg asked if there could be discussion on the four deletions
and vote on them individually.
/ ,Z . ,9t-
-10-
Commissioner Casillas withdrew the motion.
After discussion, it was decided that Commissioner Casillas would repeat his motion, and then
vote on any amendment to be added.
RESTATED MOTION:
MS (Casillas/Decker) that based on the findings contained in Section "E" of the staff report,
adopt a motion to approve the request, PCC-92-06, subject to the following conditions:
conditions 2, 4, 5, 8, 9, and 10.
Commissioner Tuchscher said that his main concern was with condition 1. It was not the
MAAC Project's burden, however, the conditional use permit was a benefit to the property
owner who was currently operating illegally on the property. He believed condition 1 should
be added to the conditions of the permit and that the property owner should cease the activity
as part of the conditional use permit.
Commissioner Carson agreed because she felt the recommendations of the Zoning Enforcement
Officer should be adhered.
MOTION TO AMEND
MSC (Tuchscher/Tugenberg) 4-3 (Commissioners Casillas, Decker and Martin voted against)
to amend the motion adding condition no. 1.
VOTE ON AMENDED MOTION
APPROVED 7-0 That based on the findings contained in Section "E" of the staff report, adopt
a motion to approve the request, PCC-92-06, subject to the following conditions: conditions 1,
2, 4, 5, 8, 9, and 10.
1.2, '11
EXCERPT FROM MINUTES OF SPECIAL MEETING - RESOURCE CONSERVATION
COMMISSION - NOVEMBER 4, 1991
3. Review of Negative Declaration 15-92-05: It was moved and seconded (Ray/Fox) to issue
the Negative Declaration with the criteria that there be a limited CUP and the applicant be
reviewed every two years for its land use. An amendment to the motion was made (Ray/Fox)
that the applicant pay for a review of the CUP every two years; motion failed 3-2 (no: McQuade.
Kracha).
A motion was made by McQuade to deny the project based on it not utilizing the whole house;
motion died due to lack of a second.
It was moved and seconded (Kracha/Fox) to issue the Negative Declaration; motion failed 3-2
(no: Ray/McQuade).
It was moved and seconded (Fox/Hall) that the Negative Declaration be issued. noting specific
comments of the commission; motion failed 3-2 (no: McQuade/Ray).
It was moved and seconded (Ray/Fox) to issue the Negative Declaration with the condition that
the applicant pay for CUP to be reviewed annually; motion carries 4-1 (no: McQuade).
1.2. t:(f
~~\~ 10.-
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~~:~ tr'l!;. 1:~~0~ wlth ~~om@ Q~~ the "'.nlt)~r'!B o'F the Ch\J12
V:lst~ C::ltv Courlcil and t~'e mayor, there are still others that we
t'2ve 11(Jt spoken with direc:tJ,y. We are a non-pro~it Pllt)].ic
bene~j.t corporatiDn whose pt"imsl'.Y goals is to provide ar1
alternatj,ve rJY'ogram o~ edlAc~tion and counsel,i,rlg to atlL,lsed!1
r\eglected and moJ,ested children who have become IJependents o.F the
~~t2te thr"ol"lgh Chil,d Protective Set"vj,ces of the . ~3ocj.al Se!~v:ice
De~l~r'tmerlt ~J'F San Diego COI.1r,tYfl
h J :1.
We 11ave IJeen in corltact with the City Planning Ofi=i(:e 211d w~,th
Mr". Reichbart W~10 j,~s the owner o'F the Vista Hill property located
on Sec:clfld AvenLle in Chu],a Vista. We ~lave spoken with him
~:()r'\cer"r,ir'g the lease o'P the t{J'tal five acre site j,ncluding all :1f
t~\0 buil,(jj,ngs on t~\e pl'"emiseSH We understar,d that the MACe:
Pt"(:JgrBm hai~ 0J,50 put ir\ a request for a corlditional \,1Se permit to
the City fot" a pot"tion of t~,i~~ prop~~-ty" They have stated the:ir
wj,s:;~, to ~\QL1Se an Alc:clhol arId DrLlg AtJuse R:ecovery pt"ogv'am in tt,e
s;ma],ler b\Jil,ding. This pt"ogr'am j,G primarily fot" I,",at:lrlcls or'lly 2nd
":y'c'm the 1~;tatements sLlblnitted bv them!, wi,J,l be an o~len one whi,ch
wOl,,!l,d allow oarti.cipants to come and go almost at will.
While we believe that MACC has a good program. one that is
rlec:essa~y '~or the Latino cClmmunity. we believe that thi,s ~acilitv
is not ttle most feasible orle ,Fat" the type a~ orogram they wish to
j,rlstitl,\te. The smaller facility which they desil'"e to \Jse 2S
twel,v0 bed live ir, t"ehabilita'tiofl house for t~\e al(::o~\dlics
l~ecJLli,r'es nlOt"S 'than half clf tile par~::i,ng space fot" the tot21 site"
Thc' si~e has fifty'-f:oIJr (54) par~(i,ng spaces of wtlich they ar'8
requir'ing tl,i,t"ty. Also, tile \Jse of the North--end pot"tion (I'F tl',e
py'cJperty wi,I], depend or' whether the combined uee of the property
is compatible i,n natul'"e. OtlviOIJsly. there wi],l t)8 some
dj,'~ficulty 'i,n hOL1sing sr, educational and counseling prog~am Fo~
VOl.1th (our progy'am) or' the same site as a progt"anl fCll'" alcohoJ, and
dr"'Jg abLlse r"ehabilitation.
);L /'9/-1
P,'i:\(;I(':':'~ :::':\
Ol~r object1,ve j,s to establish a youth residence 5:im~.lar to the
one which W2S previ(Jusly ~\QLISed in that ~aci].itv. We aJ.so have 0
prcJgram for seniors which will be integrated with the youtt,
progran' as a f(Jster granijpat"ent program. This progl'"am is to be
hou ':',1';, d tn t,hl,;,' ~"i',\mf!~ +,lci 1 ity that 1"11,\ee: hi,;\';; +i led the,) CIJF' to
obtain" We intend to \Jse the sixty bed facj,lity f(Jt" t~le YOI.lth
~nd the activ:itv center 'For' t~le thirty senic1r's in Ol,lr progt"amH
Wt,j,],e we recognize that vou cannot balance tt,e Ileeds of tt,e
tweJ,ve recov8t"ing alcohlJlics against the rleeds o'P tt,e si),:ty
atJLII;ed chj,ldv'en ar,d the thirty senior ci.tj,zens~ we do tJeJ,ieve
ttla1" it 'l0 a factot" that sho\JJ,d not be overloo~(ed"
Tn it's recommendations regardtng the MAe:e Program CUP
2~Jr\~.ic:ation" tt,e City F)],arlnirl9 Office stated that tt,ere wer"8
CIJr"ijiti,ons that would need to met befof'e they CCJL':ld be appt"oved"
We are 1~~Jggesting that even if the cClr,ditions are n\8t~ tt,is
facility should be \,lsed for the pLlrpose most benefic:i,al to the
'ltYlmeciiate commLJnitv and for the greates't publ,lC gooel" OlJ~"
program j,$ c:ro~~s-cultl,\ra] arId ml,llti-ethnic ir'l t"egar'ds to
pat.tici~)ants and staff and j,5 nlore re~)tnesentative of the Barl
Diego cOlnrnurlity in generalM Again~ we do believe that MACe has a
v~l.llat)le pr"ogr'am bllt we definitely feel that the Vista Hill site
is rnuch better" slJited (as YOl,l have pt"8vio\J51y agreed) 'FcJr the
'type ()f pr'ogt"am that we wish to establish"
We appreciate your C:CIMc8t"n for 'the Chula Vista comml_l!"lity and :loo~:
fCll""Ji0.I"'d t:.Cl 1.t>JDt"kinq ~'J:i.t:.h yuu in thr:.~ l"lE~~;;\I'" .f::U'l':.Llt"E-?" Thlw,nk ':IOU. f:Ci!'"
surJ~ot"t irl Ol!r er,deavor to pt"ovide an alter'native to tile
develclpmental process (Jf these C~lildren who have traumatically
fro!" ct\il(j ab\Jse and neglect.
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.
MAAC
PROJECT
A MULTI-PURPOSE SOCIAL SERVICE AGENCY
~
Health Services Division
45 5rd. A.... Sui.. 101. Chula Viala. CA 92010. (619) 425.9171
LE'l"l'ERS OF roLL SUPPCRT
STATE SmATCR WADlE P. DEDDEII
ASS~LYMAN STEVE PEACE
SUPERVI~ BRIAN P. BlLBRAY
CBULA VISTA IRMAN SERVICES CUH:IL
SCUTII BAY D~ CCUK:lL
CALlFaUlIA DEPAIm!E2lT OF REllABlLITATlCti
SCUTII BAY cnlMlIlITY SERVICES
RESIDm1'S:
MRS. ~ A. ~L
318 ~;mhal1 Terrace
MR. RUDY RAMIREZ
19 E. Orlando ct.
MR. JCRGE COVARRllBIAS
5 Second Avenue
Mr:. Tony Usquiano
80 No. Second Avenue
ff/d-
Sl'PPORTED IN PART BY t'NITEO WAY AND COl1NTY CAP k--2. / / t:J 0
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STATE SENATOR
WADlE P. DEDDEH
;O~'.:. =-'i.:. =;.",
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FORTIETH SE.""ATORIAL. DISTRICT
CHAIRMAN
SEr-..ATE COMMITTEE ON REVENUE AND TAXATION
October 25, 1991
Chula vista City Council
276 4th Avenue
Chula vista, CA 91910
I would like to take this opportunity to endorse MAAC
Project's application to provide alcohol recovery services at
Nosotros.
MAAC Project has been involved in alcohol and drug related
services for two decades. In addition to providing Drinking
Driver Services in the San Diego County since the law was
implemented in 1978, MAAC has administered a highly successful
recovery program for women since 1986 (Casa de Milagros). This
agency has consistently demonstrated its ability to be
sensitive to the needs of its clients as well as the
community.
MAAC Project has a proven track record of effectively
integrating services such as job placement, housing, and
training services which would also be available to residents
of Nosotros.
It is of great importance that the community of Chula Vista
have access to the special services that the MAAC Project has
to offer. So once again, I would strongly urge the City
Council
Page 1
_.
Page 2
~
to approve the application of the MAAC Project, for it has
clearly demonstrated a unique ability to provide meaningful
services to a population that all too often does not receive
the kind of attention that is required.
Sincerely,
WADlE P. DEDDEH
WPD: lc
RECEIVED SEP 2 7 1991
Assembly
California Legislature
STEVE PEACE
ASSEMBLYMAN
COMMITTEES
Human Services
Re~enue and Taxation
WOller, Par~s and Wildlife
-;'\lays ana 'Aeans
Ways and MBans SuOcommlnee 'In i'leso,,'ces
AgflcUllu'eanO tl'1e E'Wlfonment
Jl. Commlt:ee On P"son COrlstructlon
and Operations
C:"1arrm;Jn'
Select Committee on RaChoact'~e Waste D,sPosal
ano F'Js,ol'1 Tecnnology
~
September 25, 1991
To: Chula Vista Planning Commission
Chula Vista City Council
Re: NOSOTROS Alcohol Recovery Home
I am writing to lend my support for the MAAC Project's Nosotros
Alcohol Recovery Home.
Through the successful operation of Casa de Milagros, a recovery
program for women, the MAAC Project has proven itself as a
responsive service provider. This agency has consistently
demonstrated its ability to meet the needs of its clients in a
professional and effective manner.
I urge your approval of the MAAC Project's application for the
establishment of the Nosotros Alcohol Recovery Home.
erely,
~
SP/mz
: St..le C.O,Iol
POBo.'l4~G
S,1cramenlO, C.llloHl'. 94249-0001
rel80none: 19161...~7S56
FAX 916-322-2271
-= 43QOav":lsonSlreel-SwteB
Cnula Vlsla. C."I"0''''';l92010
rel.ohon.:lel;I"~1617
FAX e1N96-54JO
:: 1101 AllpOrI Roaa SUIte a
Imoanal, Cal,fOrrlla92251
Telechon", 15'91352-3101
lO"ol,X619-JS5.o48Jl
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SJ CN-Y E~D "SJ~~v~S
i:.~ Nc. 61'3-557-4025
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HRlA"" P. BlLBRAY
~
VICE'-::HAJRMAN
:SV"fRV'SOA. 'tilll!!oT OIlTAICT
~".. O'tU(.l CO~"'H' 110""0 0' .v~rn"'l,!;.o"'''
September 30, 1991
The Honorable Tim Nader
Mayor, city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader:~
I am w)::'iting to end6rSe HAAC Project's application to provide
alcohol recovery services at Nosotros Alcohol Recovery Home, 45 3rd
Avenue, suite 101, Chula vista.
~~c project has been involved in alcohol and drug related services
for almost two decades. In addition to providing DrinKing Driving
Services in San Diego county since the law was implemented in 1978,
MAAC has administered a highly successful residential recovery
program for women since 1986 (Casa de Milagros). This agency has
consistently demonstrated an exceptional ability to be sensitive
to the needs of the community as well as its cl ients . MAAC
project's professional staff are well versed at anticipating and
addressing neighborhood problems and carefully monitor all activity
in residential programs to preclude any negative incidents.
MAAC Project has a proven track record of effectively integrating
services such as job placement, housing, and training services
which will also be available to residents of Nosotros. 'l'his
program will be a good resource for Chula Vistans.
I would strongly urge you to approve the application of the MAAC
project. It has clearly demonstrated a unique ability to provide
meaningful services to a population that all too often does not
receive the kind of attention that is required. The facility is
compatible and appropriate for the site.
~~elY'
rian P. Bllbray
Vice Chairman
BPB:mj
COUNT'( AOMINIST"ATlON Ce:NTI:~ \OCO PAClf'IC ~ICHW.V' 11100\1 335 SAN 01[00, CA 91'01-2410 (6111 SJ1.~'.io'1
ellvlA. \/ISTA O'~ICf. . .30 O......IOSON SoT""T 'Vir! 0 . Ci4ULA vlau. C.l '1'01Q un !11I1 U,-uoo
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RECEIVED S~~ 2 5 199r
CllY OF
CHULA VISTA
HUMAN SERVICES COUNCIL
~
September 24, 1991
To: Chula vista Planning commission
Chula vista City council
Re: NOSOTROS ALCOHOL RECOVERY HOME
I am writing to endorse MAAC Project's application to provide
alcohol recovery services at Nusotros.
MAAC project has been involved ~n alcohol and drug related services
for almost two decades. In add~tion to providing Drinking Driving
services in San Diego County since the law was implemented in 1978,
MAAC has administered a highly successful recovery program for
women since 1986 (Casa de Milagros). This agency has consistently
demonstrated its ability to be sensitive to the needs of its
clients as well as the community.
MAAC Project has a proven track record of effectively integrating
services such as job placement, housing, and training services
which would also be available to residents of Nosotros.
I would strongly urge you to approve the application of the MAAC
Project as it has clearly demonstrated a unique ability to provide
meaningful services to a population that all too often does not
receive the kind of attention that is required.
Wb
Pamela B. Smith
Chair, Chula vista Human Services Council
360 THIRD AVE CHULA VISTA CALlFCR:NIA 919101519) 691-5087
/
RECEIVED
OCT 15 IS(,
PLANNING
~
TO: CHULA VISTA PLANNING CCtlMISSION
CHULA VISTA CITY COUNCIL
RE: NOSCYI'ROS ALCOHOL RECOVERY HctoIE
I am writing to endorse MAAC Project's application to provide alcohol
recovery services at Nosotros.
MAAC Project has been involved in alcohol and drug related services for
almost two decades.. In addition to providing Drinking Driving Services
in San Diego County since the law was implemented in 1978, MAAC has
administered a highly successful recovery program for women since 1986
(Casa de MilagrosJ. This agency has consistently demonstrated its
ability to be sensitive to the needs of its clients as. well as the
COImluni ty .
MAAC Project has a proven track record of effectively integrating services
such as jOb placement, housing, and training services which would also be
. available to residents of Nosotros.
I would strongly urge you to approve the application of the MAAC Project
as it has clearly demonstrated a unique ability to provide meaningful
services to a population that all too often does not receive the kind
of attention that is required.
S~lY"~J
Nancy H~hCOCk. Chairman
South Bay Directors Council
.~ .
Stat~ ot (,.;al',fornia .. Health and Welfare A2encV
DEPARTMENT OF REHABlLITATION
678 Third Avenue, Suite 205
Cbula Vista, CA 91910
Voice - (619) 426-8720
TDD - (619) 422-3587
PETE WILSON. Governor
COpy
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October 24, 1991
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Chula Vista plAnning Commission
Chula Vista City Council
276 4th Ave.
Chula Vista, CA 91910
RE: Nosotros Alcohol Recovery Home
I am writing to endorse MAAC Project's application to provide alcohol recovery
services at Nosotros.
MAACProject has been involved in alcohol and drug related services for almost two
decades. In addition to providing Drinking Driving Services in San Diego County since
the law was implemented in 1978, MAAC has aClmini~tered a highly successful
recovery program for women since 1986 (Casa de Milagros). This agency has
consistently demonstrated its ability to be sensitive to the needs of its clients as well
as the community.
MAACProject has a proven track record of effectively integrating services such as job
placement, housing and training services which would also be available to residents
of Nosotros.
I would strongly urge you to approve the application of the MAAC Project as it has
clearly demonstrated a unique ability to provide meaningful services to a population
that all too often does not receive the kind of attent}on that is required.
Sincerely,
~O~
Jose Quintero:sj
Rehabilitation Supervisor
315 4th Avenue, Suite E . Chula Vista. CA 91910 . (619) 420-3620/9790/5051
November 5, 1991
Chu~a vista City Council
276 Fourth Avenue
Chula Vista, CA 91910
RE: NOSOTROS ALCOHOL RECOVERY HOME
Dear Council Members:
I am writing on behalf of the MAAC Project's application to provide
alcohol recovery services at Nosotros.
The MAAC Project has administered a highly successful recovery
program for women (Casa de Milagros), for several years. This
agency has consistently demonstrated its ability to be sensitive to
the needs of their clients as well as the community.
There is a tremendous need for such services within the community.
south Bay Community Services supports and urges you to approve the
application of the MAAC project.
Sinqerely,
, !
1",)1/., ,
. ~ '. I I, ./ / /'__
(
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Kathryn 'Lembo
Executive Director
KL/kh
Chula Vista, CA 91910
October 28, 1991
Chula Vista Plannin9 Commission
Chula Vista City Council
RE: Nosotros Alcohol Recovery Home
As a former 10 year resident of the nei9hborhood which would be
immediately affected and as a Chula Vistan for 40 years, I am writing
a positive statement concerning the MAAC Project's application to
Provide alcohol recovery services at the proposed men's recovery
home to be known as "Nosotros".
The MAAC Project has been providing al cohol and other drug-related
recovery services for almost 20 years. This includes successfully
implementing the State mandated Drinking Driver program which began in
1978, plus establishing and administering a thriving women's recovery
home known as "Casa de Mi lagros".
In addition, MAAC has a proven track record of providing job placement,
housing and training services to the entire South Bay community as well
as other areas of San Diego County, services which also would be available
to the residents of Nosotros.
I am therefore respectfully urging you .to approve the t1AAC Project's
application, taking into consideration the agency's unique ability to
recognize and provide for the needs of a population that all too often
does not receive adequate attention.
Thanking you in advance, I am
(Mrs.) R ueen A. Powell
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TO ':nul,j \/l:sta Planmnq CommISSIon
':twl a V'1 :,til ClUJ CounCIl
"",'('100'_'("-']" (ovarrutil ,j':'
"'" j',josMr,)s Alcohol Recovend Home
! c,i-""i,/nT.1n'] T.,) "n.Jorse !'1AAC ProJect's appllcatlon to provIde alcohol
'-ecoven~ 'ser'.I1 ces ell. Nosotros,
""s ,s m"mo"r of t.ne community I nave lonq been aware of the I1AAC
~roJecT_ s ltwolvement In alcohol and drug related services for nearly two
,]eca(jes Dnnkln,] Onver Services and Casa de Milagros are two
:l.Iues'sTul oro.]rams the1d have admInistered, I have personally heard
!-",,~nl~ l-eoor1.s of theIr senS1tll/lty to client and community needs
AS .~ rnemoer of the nel ghborhood In whi ch Nosotros may be located, I am
,'!iso pieilseo to gIve my support to ttHS proJect, Since the MAAC Project
':an orO\/llJe aOiJ1tlOnal servIces such as Job placement, hOUSIng, and
tTil1nlnq T.O the resIdents of Nosotros, Ulese residents can be assisted to
i-etur-n to cOnT.nbuting member status, thereby enhancIng the strength of
':'l.Ir communlt'd,
ci.,ereiore I strongly urge 'doU to approve the applicatlon of the MAAC
PrOle,:!. CIS Ii. nas clearly demonstrated a unique ability to provIde
i.(,e.~nlnqiui dn'J successful servIce to underserved community members
\
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TO:
CHuLA VISTA PLANNING COMMISSION
CHULA VISTA CITY COUNCIL
RE:
NOsorROS ALCOHOL RECOVERY HeME
I am wr1t1ng to endorse MAAC Project's application to provide alcohol
recovery services at Nosotros.
MAAC Project has been involved in alcohol and drug related services for
almost two decades. In addition to providing Drinking Driver Services
in San Diego County since the law was implemented in 1978, MAAC has
administered a highly successful recovery program for women since 1986
(Casa de Milagros). This agency has consistently demonstrated its
ability to be sensitive to the needs of its clients as well as the
community.
MAAC Project has a proven track record of effectively integrating services
such as job placement, housing, and training services which would also be
available to residents of Nosotros.
I would strongly urge you to approve the application of the MAAC Project
as it has clearly demonstrated a unique ability to provide meaningful
services to a population that all too often does not receive the kind
of attention that is required.
Sincerely,
/(~Zi. k.-/ . ~
/7.~. [,1/~'" 1<'U:-ILL'--'~
Tony squ1ano
vv '___
Chula Vista, CA
NOTICE OF PUBUC HEARING
BY TIlE CHULA VISTA CTIY COUNCIL
CHULA VISTA, CAUFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public
hearing to consider the following:
Conditional Use Permit PCC-92-06 - Request to establish a 12-
bed residential treatment facility for recovering alcoholics at 3
North Second Avenue, Chula Vista - MMC Project.
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, November
26, 1991, 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:
November 12, 1991
Beverly A. Authelet
City Clerk
NOTICE OF PUBliC HEARING
BY lHE CITY COUNCIL OF
CHUrA VISfA, CAUFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBliC HEARING wrIJ. BE HELD BY lHE CITY
COUNCIL of Chula Vista, California, for the purpose of considering an application for a
conditional use pennit. The application, submitted by the MAAC Project, requests
pennission to establish a 12-bed residential facility for recovering alcoholics at 3 North
Second Avenue (former Vista HilVSouthwood facility). The program (referred to as the
Nosotros Alcohol Recovery Home) would utilize the southerly building and portion of the
property. No proposal has been submitted for the use of the building and facilities on the
northerly portion of the site. A plot plan and legal description is on file in the Office of
the Planning Department. Any petitions to be submitted to the City Council must be
received in the City Clerk's office no later than noon of the hearing date.
An Initial Study, IS-92-05, of possible significant environmental impacts has been
conducted by the Environmental Review Coordinator. A finding of no significant
environmental impact has been recommended to the Planning Commission and is on file,
along with the Initial Study, 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 pennit 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 WIIJ. BE HELD BY THE CITY COUNCIL on Tuesday, November
26, 1991, 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:
CASE NO.:
November 12, 1991
PCC-92-06
Beverly A. Authelet
City Clerk
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DATE:
November 11, 1991
TO:
FROM:
SUBJECT:
Beverly Authelet, City Clerk Lr01
Nancy Ripley, Planning Depart~t
Referral from Planning Commission meeting of
11/6/91
Please schedule the following for Council consideration at the meeting of
11/26/91
Forwarded herewith: Public Hearing Notice(s) and Mailing List(s).
Forthcoming: Resolution(s)
PH Conditional Use Permit PCC-92-06; Request to establish a 12-bed
residential treatment facility for recover~ing alcoholics at
3 North Second Avenue - MAAC Project
Reso Approving PCC-92-06
eLo LLn c~ ( I
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY PL.'\NIlING .
l':9t1tlISSI6N of Chula Vi sta, Cal iforni a, for the purpose of cons ideri ng an
application for a conditional use permit. The application, submitted by the
MAAC Project, requests permission to establish a I2-bed residential facility
for recovering alcoholics at 3 North Second Avenue (former Vista
Hi ll/Southwood facil ity). The program (referred to as the Nostros Al cohol
Recovery Home) would utilize the southerly building and portion of the
property. No proposal has been submi tted for the use of the buil di ng and
facilities on the northerly portion of the site. A plot plan and legal
description is on file in the /r~~_~e c9t(~~~[lanning Department. Any
petitions to be submitted to the ~aRIl~"," CQlllhlission must be received by the
.~Afl4ft9D~partment office no later than noon of the hearing date.
o L hi CLuj:.:;,
An Initial Study, IS-92-05, of possible significant environmental impacts has
been conducted by the Environmental Review Coordinator. A finding of no
s ignifi cant envi ronmenta 1 impact has been recommended to the Planni ng
Commission and is on file, along with the Initial Study, in the office of the
Planning Department. Any petitions to be submitted to the ~4~-'emmj'sSi~
must be received by the Pfan~-jhg rD~partmerrt office no 1 ater than noon of the
hearing date.
NOTICE OF PUBLIC HEARING /
BY THE CITY .pLANHItIG€llruIlS&IQK- OF
CHULA VISTA, CALIFORNIA
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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 ~lallAfR9=€~~ss4Gn at or prior to the public
(' ~tl (' ~~.'-"-'A.L
heari ng. - --
SAID PUBLIC HEARING WILL BE HELD BY THE CITY p[Mt4:t'NG<C~tsSION on ;~d~d~y;r
November ~.J' 1991 at~' p.m. in the Council Chambers, Publ ic Services
Building, 276 Fourth Avenue, at which time any person desiring to be heard may
appear.
DATED: ~,-}~
~
Nancy Ripley, Secret
Chula Vista Planning
-1-
ry ,
"',
CommissiOR
--
Case No. PCC-92-06
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fZFC:F \f;::n
C1lY OF
CHULA VISTA
HUMAN SERVICES COUNCIL
'u' ,:nv 26 ~\o'.I:2.7
;;\ fiV'i'
eny
ern
~
November 26, 1991
Honorable Tim Nader & city council
276 Fourth Avenue.
Chula vista, CA 91910
Dear Mayor Nader & City council,
The Social service Plan of 1987 identified three priorities
for social services: drug/alcohol abuse, domestic violence, and
latch key children. Many of the South Bay social service
providers have been working diligently to address these needs and
to eliminate the human suffering which exists. The MAAC PROJECT
is one such program which in their 22 years of service, has
tirelessly served those in need.
currently the MAAC PROJECT has developed an alcohol program-
NOSOTROS. This 12 bed residential program for male Latinos with
alcohol/drug problems will provide a long term treatment program
which is so desperately needed in the South Bay. This program not
only hopes to ameliorate their clients substance abuse problem
but to encourage them to integrate back into the work place as a
productive member of our society. The benefits of a program of
this type have immeasurable ramifications to our community in
helping people help themselves. The MAAC PROJECT has developed
the program and secured the necessary financial base they have
allocated human and financial resources to develop this program.
The CVHSC would encourage the City council to support the
MAAC PROJECT in their efforts to establish this program, by
approving their Conditional Use Permit.
If you have any questions regarding this letter, please
don't hesitate to contact us.
cr::;:~~
Pamela B. Smith
Chair, Chula vista Human Services Council
360 THIRD AVE/CHULA VISTA. CALIFORNIA 9'9'0.16'9) 691-5087 ).J- ----
ARMED SERVICES COMMITTEE
\017 LONGWORTH HOUSE OFFICE BUILDING
WASHINGTON, OC 205' 5
(2021225-5.452
11021225-2558 FAX
RANDY "DUKE" CUNNINGHAM
UT'H DISTRICT. CAUFORNIA
MERCHANT MARINE AND
FISHERIES COMMITTEE
REPUBLICAN RESEARCH
COMMITTEE
CQ.CHAIRMAN, TASK FORCE ON EDUCATION
TASK FORCE ON DRUGS
MAAKETPl,ACE AT THE GROVE
3450 COL.1..f:GE AVENUE. 5UlTE 220
SAN DIEGO. CA 92 1 1 5
115191217-815&'
18191583-5858 FAX
Q:ongre55 of the tlnited ~tatC5
iIlODst of 'Rrprtstntatitlts
Uashington, 3ElQ: 20515-0511
0130 DAVIDSON STREET. SUITE A
CHUl,A VISTA. CA 91910
(1S1911S91-1'lSe
(151911591-0272 FAX
November 8, 1991
TO: CHULA VISTA CITY COUNCIL
CHULA VISTA PLANNING COMMISSION
RE: NOSOTROS ALCOHOL RECOVERY HOME
This letter is on behalf of MAAC Project's application to
provide alcohol recovery services at Nosotros.
MAAC Project has been involved in alcohol and drug related
services for almost two decades. In addition to providing
Drinking Driver Services in San Diego County since the law
was implemented in 1978, MAAC has administered a highly
successful recovery program for women since 1986 (Casa de
Milagros). This agency had consistently demonstrated its
ability to be sensitive to the needs of its clients as well
as the community.
MAAC Project has a proven track record of effectively
integrating services such as job placement, housing, and
training services which would also be available to
residents of Nosotros.
I am endorsing l1AAC Project's application as it has clearly
demonstrated the ability to provide meaningful services to
a" community which is very much in need of its assistance.
sincerely,
jjl~I'
Randy "Duke" cunningham
Member of Congress
RDC/ddc
~~~
~
~~.-....,;.....
~~~~
OlY OF
CHULA VISTA
~,r::-F-'~.",''C""r;
HUMAN SERVICES COUNCIL
'91
NDV 26 1\11
"
'L..;
Ci-:-; -
CITY"
November 26, 1991
Honorable Tim Nader & city council
276 Fourth Avenue.
Chula vista, CA 91910
Dear Mayor Nader & City Council,
The Social Service Plan of 1987 identified three priorities
for social services: drug/alcohol abuse, domestic violence, and
latch key children. Many of the South Bay social service
providers have been working diligently to address these needs and
to eliminate the human suffering which exists. The MAAC PROJECT
is one such program which in their 22 years of service, has
tirelessly served those in need.
Currently the MAAC PROJECT has developed an alcohol program-
NOSOTROS. This 12 bed residential program for male Latinos with
alcohol/drug problems will provide a long term treatment program
which is so desperately needed in the South Bay. This program not
only hopes to ameliorate their clients substance abuse problem
but to encourage them to integrate back into the work place as a
productive member of our society. The benefits of a program of
this type have immeasurable ramifications to our community in
helping people help themselves. The MAAC PROJECT has developed
the program and secured the necessary financial base they have
allocated human and financial resources to develop this program.
The CVHSC would encourage the City Council to support the
MAAC PROJECT in their efforts to establish this program, by
approving their Conditional Use Permit.
If you have any questions regarding this letter, please
don't hesitate to contact us.
Respectfully, .'
Q~ 13 ~\-dA~-;J;h
Pamela B. smith
Chair, Chula vista Human Services Council
360 THIRD AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5087
/c?-
ARMED SER'O'ICES COMMITTEE
MERCHANT MARINE AND
FISHERIES COMMITTEE
REPUBLICAN RESEARCH
COMMITTEE
CQ-CHAIRMAN. TASK FORCE ON EOUCATION
TASK FORCE ON DRUGS
1011 LONGWORTH HOUSE OffiCE BUILDING
WASHINGTON, DC 20515
(2021225-5452
(2021225-2558 FAX
RANDY "DUKE" CUNNINGHAM
44TH DISTRICT, CAUFORNI,I,
MARKETPLACE AT T1-IE GROVE
3450 CDUEGE AVENUE, SUITE 220
SAN DIEGO, CA 92115
(8191287-8851
(819\583-5858 fAX
Q:ongrrss of thE CJanitcd ~tatcs
iROU.sf of 1R.rprmntati\lf.s
'lJl!)G.shington, 3E)~ 20m-om
.430 O,l,VIOSO", STREET. SUITE A
CHULA VISTA. CA 91910
(819\1l91-1US8
181911191~272 fAX
November 8, 1991
TO: CHULA VISTA CITY COUNCIL
CHULA VISTA PLANNING COMMISSION
RE: NOSOTROS ALCOHOL RECOVERY HOME
This letter is on behalf of MAAC Project's application to
provide alcohol recovery services at Nosotros.
MAAC Project has been involved in alcohol and drug related
services for almost two decades. In addition to providing
Drinking Driver Services in San Diego county since the law
was implemented in 1978, MAAC has administered a highly
successful recovery program for women since 1986 (Casa de
Milagros). This agency had consistently demonstrated its
ability to be sensitive to the needs of its clients as well
as the community.
MAAC project has a proven track record of effectively
integrating services such as job placement, housing, and
training services which would also be available to
residents of Nosotros.
I am endorsing t{AAC Project's application as it has clearly
demonstrated the ability to provide meaningful services to
a community which is very much in need of its assistance.
Sincerely,
1Jl~/'
Randy "Duke" Cunningham
Member of Congress
RDC/ddc
COUNCIL AGENDA STATEMENT
Item I 3>>
Meeting Date 11/26/91
ITEM TITLE: Public hearing to consider the vacation of a portion of North Fifth Avenue
Resolution /lfij '-I, ordering the vacation of a portion of North Fifth
Avenue
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manag~) (4/5 Vote: Yes_NoX}
At its meeting held on November 5, 1991, Council adopted Resolution 16398 stating the
Council's intent to vacate a portion of North Fifth Avenue. In accordance with ~8320 of the
Streets and Highways Code, the resolution also set November 26, 1991, at 6:00 p.m. as the date
and time for the public hearing for the Council to consider this matter.
RECOMMENDATION: That Council hold the public hearing, adopt the subject resolution
ordering the vacation and direct the City Clerk to record said resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The owners of the properties adjacent to the current alignment of North Fifth A venue are in the
preliminary processes of developing their land. In order to better serve the parcels with public
access, they propose to realign the street. With reference to Exhibit" A", the owner of Parcels
I, 2 and 3 is Dixieline Lumber Company, also being one of the applicants in this vacation
request. Parcel 4 is owned by Metropolitan Shopping Square, Ltd., which is in concurrence
with this realignment. The new configuration will serve that parcel better than the current
alignment. This new configuation can also facilitate a high sales tax generator being located in
the area served by the new road.
The new configuration of North Fifth A venue requires dedication of right-of-way by Dixieline.
The old right-of-way extension, which continued northerly in a straight line, will no longer be
needed once the new street is dedicated. Staff intends to have the City Clerk accept the
dedication of the new right-of-way prior to Council acting on the subject vacation.
\~ -\
Page 2, Item 13
Meeting Date 11/26/91
Of the remaining North Fifth Avenue between that which is being vacated south to "C" Street
(except for the portion on the west side adjacent to Hodge Bros. Industrial Park) the applicants
are requesting that the City vacate four feet on either side. The existing right-of-way is 80 feet
wide. The road is to be constructed to industrial standards, requiring 72 feet in width for right-
of-way and 52 feet for travelway. Staff has no objection to this request.
After investigation of the subject matter, staff's finding are that:
1. North Fifth Avenue is a "paper street" north of the Hodge Bros. Industrial Park
(see Exhibit "A") and, as such, does not have street improvements.
2. Parcel 1 and Parcel 2 must be combined as a condition of approval of the
vacation, so Parcel 1 will not become land-locked by the vacation.
3. The current alignment is no longer necessary, since the freeway prohibits the
northerly extension of the street and there are no plans to provide an overpass for
that purpose.
4. There are existing gas and overhead electric facilities owned by San Diego Gas
and Electric Company located in an existing easement granted to SDG&E prior
to the area being annexed to Chula Vista. (This means we need not reserve an
easement for them.) We will reserve an easement for Sweetwater Authority,
however, for its facilities.
5. The Planning Department was contacted for its comments on this request and
responded with the requirement to consolidate Parcell and Parcel 2 (see Item 2
above).
The land which is proposed to be vacated totals 47,500 square feet, while the land to be ~o{ ~~D
dedicated is 34,000 square feet. Previous Council actions have indicated that the applicant ,/ [,~/,iJ
would be required to pay for the excess right-of-way being vacated. In the attached letter,':;
Project Design Consultants requests that compensation not be imposed. Staff believes the
reasoning is valid, and expounding on Item 3 in that letter, the right-of-way being dedicated is
73.7% of the land being vacated. However the latter is so heavily encumbered with utilities that
its value is 30% to 50% lower in value. Therefore staff is recommending that no compensation
be required. If Council opts to charge a fee, staff will have an appraisal done and return with
the appropriate figure.
Staff recommends that Council adopt the subject resolution ordering the vacation as proposed
Page 3, Item \ '3>>
Meeting Date 11/26/91
All owners of properties within a 300-foot radius of the subject right-of-way, in addition to the
utility companies have been advised of this public hearing.
In accordance with the Streets and Highways Code, if the Council finds, from all the evidence
submitted, that the street described in the resolution of intention is unnecessary for present or
prospective public use, it may adopt a resolution vacating the street.
If the right -of-way is vacated, the resolution ordering the vacation should be conditioned as
follows:
1. Parcell and Parcel 2 shown on Exhibit "A" shall be consolidated by Dixieline.
2. Dedication of the proposed realignment shall be completed and recorded.
FISCAL IMPACT: None.
JWH
(PV049 ]H.A13)
'~'~/I.J-~
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NATIONAL
A VENUE
ASSOCIATES
"
/"
"
o
,,-
,,-
/"
DIXIELlNE
'--
DI,'IELlNE
STREET VACA nONS: 4'--,
~ UNENCUMBERED BY EASEMENTS
~ml ENCUMBERED BY EASEMENTS.
STREET DED/CA nONS:
r- I UNENCUMBCRED BY EASEMENTS
~ ENCUMBERCD BY EASEMENTS
i ' I
HODGE 8RJ5. I
'1/NDUSTRlIIL I PARK
I .
o
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-4'
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HAZARD
72'
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STR~ET
EXHIBIT" A"
OWN BY:
DATE: /1-/-1- "71
FILE NO.: PV-cJ49
VACA TION OF A PORTION OF
NORTH FIFTH A VENUE
\~.~
L/342-SET3.LEG, 8/8/91 (CH), AW, PAGE 1
LEGAL DESCRIPTION
FOR
STREET VACATION
LOT 'A'
ALL THAT PORTION OF LOTS 5, 6, 9, 10, 11 AND 12 IN QUARTER SECTION 151 OF
RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 10 OF MAP NO. 8755 ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, WHICH LIES ON THE
WESTERLY RIGHT-OF-WAY OF FIFTH AVENUE, 80.00 FEET IN WIDTH, AS FILED PER
RESOLUTION NO. 2550 RECORDED JANUARY 27, 1961 AS FILE/PAGE NO. 15926 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
LEAVING SAID RIGHT-OF-WAY
1. NORTH 18006'26" WEST
576.25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID RIGHT-
OF-WAY
2. NORTH 18006'26" WEST
520.58 FEET; THENCE LEAVING SAID RIGHT-OF-WAY
3. NORTH 71049'03" EAST 80.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF
SAID FIFTH AVENUE; THENCE ALONG
SAID RIGHT-OF-WAY
4. SOUTH 18006'26" EAST 1,268.78 FEET TO A POINT OF INTERSECTION WITH A
20.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL TO SAID
'POINT BEARS SOUTH 35001'22" WEST;
THENCE LEAVING SAID RIGHT-OF-WAY
AND ALONG THE ARC OF SAID CURVE
5. NORTHERLY 12.83 FEET THROUGH A CENTRAL ANGLE OF
36046'08"; THENCE TANGENT TO SAID
CURVE
6. NORTH 18006'26" WEST 579.60 FEET TO THE BEGINNING OF A TANGtNT
536. 00 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE ALONG THE ARC OF
SAID CURVE
7. NORTHERLY 31.50 FEET THROUGH A CENTRAL ANGLE OF
03022'03" TO THE BEGINNING OF A
REVERSE 50.00 FOOT RADIUS CURVE
CONCAVE EASTERLY ;THENCE ALONG THE
ARC OF SAID CURVE
\~ -5
L/342-SET3.LEG, 8/8/91 (CH), AW, PAGE 2
8. NORTHERLY
3.92 FEET THROUGH A CENTRAL ANGLE OF
04029 I 27"; THENCE TANGENT TO SAID
CURVE
9. NORTH 16059'02" WEST
50.00 FEET TO THE BEGINNING OF A TANGENT 70.00
FOOT RADIUS CURVE CONCAVE SOUTH-
WESTERLY; THENCE ALONG THE ARC OF
SAID CURVE
10. NORTHERLY AND WESTERLY 115.35 FEET THROUGH A CENTRAL ANGLE OF
94025' 04"; THENCE TANGENT TO SAID
CURVE
11. SOUTH 68035' 54" WEST
1.97 FEET TO THE TRUE POINT OF BEGINNING.
DOUGLAS C. PAUL
RCE 22606
EXPIRATION 12/31/93
DATE
,
\~,l.,
L/342-SET3.LEG, 8/8/91 (CH), AW, PAGE 1
LEGAL DESCRIPTION
FOR
STREET VACATION
LOT 'B'
ALL THAT PORTION OF LOTS 6, 7, AND 8 OF QUARTER SECTION 151 OF RANCHO DE LA
NACION ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 10 OF MAP NO. 8755 ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, WHICH LIES ON THE
WESTERLY RIGHT-OF-WAY OF FIFTH AVENUE, 80.00 FEET IN WIDTH, AS FILED PER
RESOLUTION NO. 2550 RECORDED JANUARY 27, 1961 AS FILE/PAGE NO. 15926 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COuNTY; THENCE
LEAVING SAID RIGHT-OF-WAY
<
1. NORTH 18006'26" WEST
478.86 FEET TO A POINT OF INTERSECTION WITH A
25.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID
POINT BEARS NORTH 57016' 13" EAST;
THENCE ALONG THE ARC OF SAID CURVE
AND LEAVING SAID RIGHT-OF-WAY
2. SOUTHEASTERLY
3.36 FEET THROUGH A CENTRAL ANGLE OF
07042' 39" TO THE BEGINNING OF A
COMPOUND 464.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE ALONG THE
ARC OF SAID CURVE
3. SOUTHERLY
55.97 FEET THROUGH A CENTRAL ANGLE OF
06054 '42"; THENCE TANGENT TO SAID
CURVE
4. SOUTH 18006'26" EAST
419.72 FEET; THENCE
5. SOUTH 71053'34" WEST
4.00 FEET TO THE POINT OF BEGINNING.
,
DOUGLAS C. PAUL
RCE 22606
EXPIRATION 12/31/93
DATE
\~"1
LECEND l..taeal5f
...", '~Vo;CAlES PCl?llQVS or firm AlE" TO BE VACAlUJ
rz:>D:iI LOTS "If' ~ '21; AREA LOT "If' 1.0~9 At:
~ LOT '21' O~; At:
un:n WOtCA lES RIGHT or /fA Y TO BE
ACW/Rm. LOT 'C; AREA 0806 At::
( ) /NjlES RECORE/} OATA PO? 1'.11. /~
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UNE O/RECllON O/STANCE
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l2 N 48'20.'2IJ II' SO 00
TJ N SO.'2~'5S' II' "'.06'
T~ N SO.'2~'5S' II' 15.70.'
15 N SO.'2~'5S II' 15.6S
T6 N J978'2o.' E 72.00'
17 N 68'JS'5~' E SO 0.0.
~ 18 N 68'JS'5~' E 48. o.J'
i 19 N 68'JS'5~ E 1.97
. Tfo. N 16'59'02' II' SOOO
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Tf2 N 7n9'oJ' E 8000
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. C7 61.00 2092 19'J8'50.
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"~ProjoctDesign Consu/tan1s'
DOUGLAS C. PAUL
R.C.E. 22606
EXP. 12/31/93
DATE
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7 'S 1 16: 3:;;
PAGE.C02
,
St:ltt:l11ent of disclosure of certllin ownership intercsts, payments, or cl1mpaign contributions. on all mlltters
which will require discretionary l1ction on the part of the City Council, Planning Commission, and llll other
offici:!l bodies. TlIC following information must be disclosed:
THE Cln' . CllULA Y7STA l~.{RTY DISCLOSl. ; STATEMENT
1. List Ihe names of all persons having a finllncial Interest in the contract, i.e., COntractor,
subcontractor, material supplier.
D TXTFT.INF. lllMRF:R m TNC
A DELAl/ARE CORPORATION
2. If any person identified pursuant to (1) above is a corporation or partnership, Iistlhe names of all
individuals owning more than 10% of the shares in 'the corporation or owning any partnership
interest in the partnership. .
NONE
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
trus(or of the trust. ".
NOtfE
4. Have you had more than $250 worth oC business transacted With any member of the City SlnCf,
Boards, CommiSsions, Commlllecs and Council within the. past twelve months" Yes_
No -L.. If yt:s, please indicate person(s):
5. Plcllse Identify each and every person, including any agents, employees, consultants or independent
Contractors WI10 YOll have Assigned to represenl you before the City in this matter,
JACK DuNCAN. CDNSULTANT' .
JERRY MJDRD. CONstJLTANT
-
6. Have you and/or your officers or agents, In the: aggreSllle, contributed more than $1,000 to II
Counellmember In the current or preceding elcctlon perIod? y~ _ No L If yes, Stille which
Councilrnembe:r(s):
!.\.i I '~'o:sCLOS!lTX1;
Pcr.'''" Is dcOned ~s: "Aily individual. fiml, co.paml.,s!tip, joim "Cntll~ssocl(lfl"n. sC'cill( cluh. f'nt~I1I"( organizmi,,". <o'Portllloll,
. .,rOl.. "'/Sf, "to.il'c", :-;,,111.':1<, Ihis .111" dfl,V <J/h., COlllf,?yf:I1J.{llId cou,,~.ci,,\ nll/llicipaliry. diStrict 0' orh., pol/lienl SUbrfi,'lsl"",
", all)' olher gro/fp a, comblllallCIl tlcling as IIllIlil.' ('. \
iNO'iEjlt, AI.. ch .t1"il/on~1 p.ages os necessary) \\ \ ~ \\\
:l r /a "'. i'.," '. ,\ , ,. M""'~__
Dale: ~ I?/ ,.. ! / . ,-,,, __ :,<\A.A.JoJv~~AJ:IT
SiJ:rflure of contractor/applicant
DIXIELlNE LUMBER ro1PAL'n'. INC.
Print or type name of ZlllJW~/Dpplic.lnt
. !Ro;-t/le~: IJ/.'I.://Or
~
\~-'\
"
THE CIn' OF CIlULA VISTA PARTY DISCLOSURE STATEMENT
State~llent of disclosure of certain ownership interests, payments, or campaign contributions, on all matlers
which will require discretionary action on the part of the City Council, PlalUling Commission, and all other
official bodies. TIle following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e.. contractor,
subcontractor, materia] supplier.
R.E. Hazard Contracting Company
2. If any person identified pursuant to (1) 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.
Bruce R. Hazard
Mabel Hazard Estate
Muriel Hazard Trust
3. Ie any person Identified pursuant to (1) abovc is non-profit organization or a trust, list the namcs
of any person servlna as director o( the non-profit organization or as trustee or beneficiary or
truslor of the trust.
Not Applicable '
" .
4. Have you had more than $250 worth of busilless transacted with any member of the City stllff,
Boards, Commissions, Committees and Council within the, past twelve months? Yes_.
No ~ If yes, please indicate person(s):
5. Please identify each and every penon, including any agents, employees, consultants or independent
contractors who you have assigned to represent rou before the City in this mailer.
McDonald, Hecht & Solberg (Paul Robinson)
Proiect Desiqn Consultants
,
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 10 II
Councllmember in the current o~ preccding election period? Yes _ No...1l Jeyes, Slllle which
COllncllmember(s):
ll1.lliln Is defined as: "Any individunl,J1rm. co.pnrtnership, Joln/ "ellllln. nJJocinllon. zo,in/,/ub.!rnt.mn/ o'8nnl.nl;oll. 'orpOt"I~OIl,
CSI/IIe. Jnllt. IYe,".cr, syndicate. IIIiJ alld nllY olhcr COUllI)', city ,!lId CDUI.n,\ cll)'. llIulIl.ipnlity, diZ/7'lcI Dr DI/..r po/ilient zUbdl";ziUII,
or allY o/h., group or comb/Illltlon aellnK as a IIn;I," '
. (NOTE: Attach add/lIonal [lages as necessary) .
Date::
Auqust 7, 1991
~O~Q -
Signature of ntractorJappllcant
R.D., Randal, Executive Vice President
, R.E. Hazard Contracting Company
Print or type name of contrllctor/appllcant
. 11t....'..d: 1lf.\U~IOJ
1,\.II.I.\:DISCLOSIl'TXT)
\'?,-ID
~n,"
,T.M~w~n~~^~n V~T~tw~.
TATJ TC:'7n
T '" . J f" . r. n
mE CITY OF CHULA VISTA PAR1Y DISCLOSURE STATEMENT
Statement of disclosure of certain ownership 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 all persons having a financial interest in the contract or application, i.e., contractor,
subcontractor, material supplier.
NATIONAL AVENUE ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP
M~lKU~UL11~ bHU~~~N~ b4ua~, L!U.
CHARLES G. and Nancy W. Kerch
Gayle Jean Stephenson in Trust for
Jill M. and William G Stephenson
2.
Robert Penner, M.D.
If any person identified pursuant to (1) 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.
See attached for MetoDoitan Shoppine S~uaret Ltd.
National Avenue Associates as follows:
1.T; 11o~,"" P!:lt-.....-i....tr 1(....1;0..,. P.::."'t-no..... ),{athew R. T nnn;n P~T"t"np.r
.
George T. Kruer, Partner; Jerald A. Alford, Partner
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.
none
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
NoXX_ 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 yo~ before the Ci~ in this matter.
Partners of National Avenu~ Assoc1ates as l1sted above 1n #2.
Project Design Consultants
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Counci1member in the current or preceding election period? Yes _ No~ If yes, state which
Counci1member(s):
,
Em!m is defined as: "Any Individluzl, Jimr, ctrpaTtMnhip, joint WIIIIIn, lISSociDtion, ilodaJ club, fralenuzl organizalion,
corparation, estate, trust, n<<iver, syndiCtlJe, this and any orhercollllly, city and colUItT)I, city,lfIIIIIicipaUty. districtororherpoUtica1
ilubdivision, or any orher group or combination tU:ting lIS 1I1U1b."
(NOTE: AIlllclI..Jditional pages as ~'.'Y)
Date:
applicant
eneral Partner and Agent for
1<=,\A.,UI\DIIa 018 TX'I1
-,
\~"\l
Print or type name of contractor/applicant
Gayle Jean Stephenson, Trustee
ATTACHMENT TO DISCLOSURE STATEMENT
. FOR
METROPOLITAN SHOPPING SQUARE, LTD.
FOR
REQUEST FOR RIGHT OF WAY VACATION
INDIVIDUALS OWNING PARTNERSHIP INTEREST IN
METROPOLITAN SHOPPING SQUARE, LTn**
General Partner
Charles G. Kerch
Limited Partners
Tom Hurlbert
Gilbert Jacobs
Jer,y Stadtmiller
Patricia Stadtmiller
Joe Hayward
Charles Borderdine
Paul Borderdine Trust
Trust Services of America in Trust for
Jerry Stadtmiller
Catherine Kerch Smith
Margaret Brydegaard
Al Stadtmiller Trust
...
l-; .. 'I~
t' .
FIRST AMENDMENT TO GROUND LEASE
This First Amendment to Ground Lease (First Amendment) is
SHOPPING
made as of June 3 , 1987, between METROPOLITAN ~~XX~i
SQUARE, LTD., CHARLES C. KERCH, NANCY W. KERCH, PRISCILLA
STADTMILLER, and MARY BROTHERTON KELLEY and GAYLE JEAN STEPHENSON,
as Co-Trustees (all as successors in interest to METROPOLITAN
PROPERTIES, INC.), and ROBERT PENNER, M.D., for the purpose of
amending that certain Ground Lease made as of March 26, 1985,
between METROPOLITAN PROPERTIES, INC., as Lessor, and ROBERT
PENNER, M.D., and DAVID MALCOLM, as Lessee, as follows:
1. David Malcolm is released from all liability and
obligation under the Ground Lease, and from and after the date
.
hereof he shall have no responsibility ...ith respect thereto; all
references in the lease to Lessee shall hereafter be deemed to
refer only to Robert Penner, M.D.
2. wi lli am Pat ri ck Kruer, a general partner of Nat ional
Avenue Associates (....hich general partnership has subleased the
property ....hich is the subject of the Ground Lease from said
Lessee) shall concurrently here...i th execute a Guaranty in favor
of Metropolitan Properties Square, Ltd., Char.les C. Kerch,
"
'Nancy W. Kerch, Priscilla Stadtmiller, and Mary Brotherton Kelley
and Gayle Jean Stephenson. as to-Trustees, in form and content as
set forth on Exhibit "A" attached hereto and by this reference
made a part hereof.
(K4.l31)
l ~.I~
-1-
3. Except 8S amended or modified hereby, said Ground Lease
shall and does remain in full force and effect.
LESSOIt:
WtiNG
METROPOLITAN KESS SQUARE,
LTD.
By:
fif1<lilJ;t JI fiAt~
RLES C. KERCH
~Yit j/ KOAd,
NANCY VI. dERCH
LESSEE:
.~6hD. 4~
AGREED AND APPROVED:
...
(K4.l3l)
-2-
.'
\ ~ ..14;
APPROVED:
NATIONAL AVENUE ASSOCIATES
(S\lblesse
By:
1
General
By:
lJ-Qc:.1tr...~*L9-<O ~
Mathe~ R. Loonln,
General Partner
"
(K4.131l
-3-
\ ~ -I~
'.
GUARANTY
WILLIAM PATRICK KRUER (Guarantor) unconditionally guarantees
and promises to and for the benefit of METROPOLITAN PROPERTIES
SQUARE,
LTD.; CHARLES C. KERCH; NANCY W. KERCH; PRISCILLA
STADTMILLER;
and MARY BROTHERTON KELLEY and GAYLE JEAN
STEPHENSON, as Co-trustees (all as successors in interest to
Metropolitan Properties, Inc.), that ROBERT PENNER, M.D., shall
perform the provisions of that certain Ground Lease made as of
I:
,
March 26, 1985, between Metropolitan properties, Inc., as LesSor,
and Robert Penner, M.D" and David Malcolm, as Lessee, as
amended, that Lessee is to perform.
Guarantor waives the beneli t of any statute of limi tat ions
affecting Guarantor's'liability under this guaranty.
The provisions of the Ground Lease may be changed by agree-
ment between Lessor and Lessee at any time, or by course of con-
duct, without the consent of or without notice to Guarantor.
This Guaranty shall not be affected by Lessor' s failure or
delay to enforce any of its rights.
If Lessee defaults under the Ground Lease, Lessor can pro-
ceed immediately against Guarantor or Lessee, or both, or Lessor
,
can enforce against Guarantor or Lessee, or both, any rights that
it has under the Ground Lease, or pursuant to applicable laws.
If the Ground Lease terminates and Lessor has any rights it can
enforce against Lessee after termination, Lessor can enforce
those rights against ,Guarantor without giving previous notice to
EXHIBIT A
(1<6.124/5)
\ ~~ll
-1-
Lessee or Guarantor or without making any demand on either of
them.
Guarantor waives the right to require Lessor to (1) proceed
against Lessee; (2) proceed against or exhaust any security that
Lessor holds from Lessee: or (3) pursue any other remedy in
Lessor I S power.
Guarantor waives any defense by reason of any
di sabi 1 ity of Lessee and wa i ves any other defense based on the
termi nat ion of Lessee' s Habil Hy from any cause.
until all
Lessee's obligations to Lessor have been discharged in full,
Guarantor has no right of subrogation against Lessee. Guarantor
waives any right to participate in any security now or later held
by Lessor.
Guarantor waives all presentments, demands for per-
formance, notices of. nonperformance, protests, notices of pro-
test, notices of dishonor, and notices of acceptance of this
Guaranty and waives all notices of the existence, creation, or
incurring of new or additional obligations.
If Guarantor should be called upon to perform the obliga-
tions of Lessee under the Ground Lease, Lessor will, at Guaran-
-
tor's request, terminate the Ground Lease with Lessee and subse-
quently lease the Premises to Guarantor on the same terms and
"
conditions as the Ground Lease.
If Lessor disposes of its interest in the Ground Lease,
"Lessor", as used in this Guaranty, shall mean Lessor's succes-
sors.
If Lessor is x:equired to enforce Guarantor's obligations bY-'
legal proceedings, Guarantor shall pay to Lessor all costs in-
(K6.124/5)
\~-li' -2-
I
,
curred, including, without limitation, reasonable attorneys'
I
fees.
Guarantor's obligations under this Guaranty shall be binding
on Guarantor's successors.
Dated: ~h,/q7
, 1987
~
., . 'AM PA ~
./
~
(K6.124/S)
\ ~..l q -3-.
RESOLUTION NO. /1.-4:z. /&>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A PORTION
OF NORTH FIFTH AVENUE
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, Dixieline Lumber Company, owner of the property
at 40 North Fourth Avenue, has requested that a portion of North
Fifth Avenue be vacated by the City; and
WHEREAS, Dixieline claims that realignment of the street
will reduce the impact on the developable area of its properties
and by vacating the subject portion and dedicating new right-of-
way, the properties in the area will be better served; and
WHEREAS, at its meeting held on November 5, 1991, Council
adopted Resolution 16398 stating the Council's intent to vacate a
portion of North Fifth Avenue; and
WHEREAS, in accordance with S8320 of the Streets and
Highways Code, the resolution also set November 26, 1991, at 6:00
p.m. as the date and time for the public hearing for the Council to
consider this matter; and
WHEREAS, notices required by Streets and Highways Code
S8323 have been posted; and
WHEREAS, Tuesday, the 26th day of November, 1991 at 6:00
p.m. in the Council Chambers of the City of Chula vista was fixed
as the time and place for hearing any objections to such vacation,
and the Council having heard all interested persons.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby order the vacation of a portion
of North Fifth Avenue more particularly described in Exhibit "A",
attached hereto and incorporated herein by reference as if set
forth in full conditioned as follows:
1. Parcel 1 and Parcel 2 shown on Exhibit "A" shall be
consolidated by Dixieline.
2. Dedication of the proposed realignment
Pre,ented :;d recorded. ~~ ~t
John P. Lippitt, Director of
Public Works
I be completed
. ty Attorney
I~.;.I
~\3
File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE \-J~ "21, \ I C1Cj I
SUBJECTI/D,~ r~ 2>1:, N~ S.~ ~-"---
LOCATION C' ~
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX ~ BY HAND _; BY MAlL
PUBLICATION DATE I \ I "1 I q I
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK \ \ I G I q I
COPIES TO:
Administration (4)
]. /
P annmg
/
Originating Department
Engineering /"
Others
City Clerk's Office (2) i> /
POST ON BULLETIN BOARDS
\\1~!9\
SPECIAL INSTRUCTIONS:
(
-58-
""7 '1:;:(
I /) ---- tX../
RESOLUTION NO. l(,~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO VACATE A PORTION
OF NORTH FIFTH AVENUE AND SETTING THE DATE OF
THE PUBLIC HEARING THEREFOR
The City Council of the city of Chula Vista does hereby
resolve as follows:
WHEREAS, Dixieline Lumber Company, owner of the property
at 40 North Fourth Avenue, has requested that a portion of North
Fifth Avenue be vacated by the City; and
WHEREAS, Dixieline claims that realignment of the street
will reduce the impact on the developable area of its properties
and by vacating the subject portion and dedicating new right-of-
way, the properties in the area will be better served; and
WHEREAS, after investigation of the subject matter,
staff's finding are that:
1.
.
,
2.
North Fifth Avenue is a "paper street" north of the
Hodge Bros. Industrial Park (see Exhibit "A") and,
as such, does not have street improvements.
Parcel 1 and Parcel 2 must be combined as a
condition of approval of the vacation, so Parcel 1
will not become land-locked by the vacation.
The current alignment is no longer necessary, since
the freeway prohibits the northerly extension of
the street and there are no plans to provide an
overpass for that purpose.
There are existing gas and overhead electric
facilities owned by San Diego Gas and Electric
Company located in an existing easement granted to
SDG&E prior to the area being annexed to Chula
Vista. (This means we need not reserve an easement
for them.) We will reserve an easement for
Sweetwater Authority, however, for its facilities.
5. The Planning Department was contacted for its
comments on this request and responded with the
requirement to consolidate Parcel 1 and Parcel 2
(see Item 2 above).
3.
4.
WHEREAS, in accordance with Chapter 3, General Vacation
Procedure, Section 8320, of the California Streets and Highways
Code, the Council may initiate the vacation proceedings by adopting
a resolution of intention.
/5-:JL(
NOW, 'l'HEREFORE, BE.:IT RESOLVED that the City Council of
the City of Chula vista does hereby set 6:00 p.m. on the 26th day
of November, 1991 in the Council Chambers, 276 Fourth Avenue, Chula
Vista, California as the time and place for hearing all persons
interested in or objecting to the proposed vacation of North Fifth
more particularly shown on Exhibit "An, attached hereto and
incorporated herein by reference as if set forth in full.
BE :IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista is hereby directed to cause a copy of this resolution
to be published once in the Chula vista Star News, a newspaper of
general circulation published within the City of Chula Vista, and
to cause notices of the passage of this resolution to be posted in
the manner and form required by law.
Presented by
John P. Lippitt, Director of
Public Works
C,\RS\Sth Ave.
:
1'3-;1')
COUNCIL AGENDA STATEMENT
Item~
Meeting Date II/26/91
ITEM TITLE:
Resolution I~I./'-l Authorizing a Pilot Home Composting Project
and Appropriating Funds Therefore
Conservation Coordinator ~
City Manager!? (4/5ths Vote: Yes-K-No___)
.j
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
On April 26, 1990, the City Council adopted a policy on recycling and integrated
waste management which establishes a wastestream diversion goal of 30 percent by
1992. The California Integrated Waste Management Act of 1989 (AB 939) requires
that 25 percent of the City's refuse be diverted from the landfill by 1995.
Currently, the City recycles an estimated 1-2 percent of its total wastestream.
Approximately 17 percent of Chu1a Vista's waste stream is yard waste ("greens").
Yard waste composting has great potential as a municipal solid waste management
option to help achieve the diversion goals set by the State, County and the City.
This report describes a proposed pilot home composting project and recommended
use of the Waste Management Trust Fund to subsidize the purchase of composting
bins for residents and related promotional material costs. Council established
the Waste Management Trust Fund to be used in source reduction, recycling and
other programs that may help to stabilize disposal generation and costs over the
long term. Home composting is a cost-effective way to promote waste reduction
and encourage Citywide participation in reducing yard and landscaping waste
currently disposed in the Otay landfill.
RECOMMENDATION: Approve the resolution authorizing the pilot home composting
project and appropriating funds therefor.
BOARDS/COMMISSIONS RECOMMENDATION: At their November 18th meeting, the Resource
Conservation Commission approved the staff report on a motion of 5-0.
Additionally, recommendations were made regarding the use of compost; education
and outreach about composting; and, allowing residents to make payment
arrangements on compost bins, particularly if the project is expanded as the
City's full "Greens Program" is implemented next year.
DISCUSSION:
Within the next two months, Council will receive a report describing proposals
for expanding the City's recycling program to include commercial, multi-family
and yard waste recycling. Briefly, in terms of yard waste collection, staff will
propose an unique "options" program. The proposed "greens" program would provide
residents with an option to "sign up" for one of the following: 1) Home (or
backyard) composting; 2) Curbside "greens" collection (separated and placed in
a container at the curb); 3) Self-haul to the County Greenery Project, located
14 -I
at Otay Landfill or another composting site; or, 4) A combination of 1 & 2 or 1
& 3.
Under the "greens" options program, residents with little or no yard wastes could
therefore "sign-up" for option 1 or 3. As proposed, residents would be provided
with program options, as well as "pay for use" options. The "greens" options
program would be in place to allow for compliance with the County Mandatory
Recycling Ordinance for yard waste separation by January 1, 1993. City staff
would work closely with the designated yard waste collector to design and
implement the program, including development of promotional materials,
enforcement, and program monitoring.
Whether or not Council adopts the "greens" options program described above, home
composting would be an effective source reduction component under any waste
reduction and recycling program. Combined with education on ways residents can
reduce their yard waste, mulching and composting can be an effective part of the
City's integrated waste management program. Altadena, Glendale, Burbank, Los
Angeles, Ventura, Portland, Oregon and King County, Washington are just a few of
the areas now offering home composting programs to their residents.
The decay of plant material into "humus" is a natural process that is essential
to life on earth. Insects and beneficial bacteria break down plant material
releasing nutrients back into the soil for growing plants. Composting is a
process that speeds up the natural decay cycle through the use of controlled
conditions, such as the right "mix" of carbon and nitrogen, anaerobic ("without
air") and aerobic ("with air") digestion, water, and soil.
The benefits of home composting inc lude:
* Saving landfill space, through reducing the amount of waste disposed at
the Otay landfill.
* Cost-effective, through just a one-time purchase of a bin residents can
compost much of their yard waste at home. Also, the home composting
guidebook being developed by staff will provide residents with a clear
description of the composting process (see Attachment A for draft of
guidebook).
* Composting is simple, easy to do, only limited labor is involved and
little or no environmental or health problems. Composting can be easier
than placing yard waste in a bag or container and dragging it to the curb
for collection. For a discussion of environmental and health concerns
sometimes associated with composting, see Attachment B.
* Turns wastes into va luab Ie resources, by prov i ding res i dents with
nutrient rich natural fertilizer. Our region's sandy and clay soils are
in particular need of additional soil amendments. Commercial compost and
fertil izers are expensive and usually made from petroleum base; home
compost can produce an equally valuable product, for the price of a bin
and shovel. Use of home compost will also work to stimulate demand for
compost produced on a centralized basis, because residents will be more
likely to purchase compost after they understand its value and benefits.
2
14 -2..
As the City implements its yard waste collection program, marketing of the
compost product will become vital to the economic success of the program.
* Additional benefits to soil and plants, through increasing moisture
retention in soil. The Metropolitan Water District estimates that a
homeowner can save as much as 1,200 gallons of water each month through
the use of compost and mulch.
* Helps to create greater awareness about the need to reduce waste
through mulching, composting and recycling.
The proposed Home Composting Project is multi-fold. As it is the City's first
attempt to introduce yard waste separation as a way for residents to reduce their
waste, staff proposes that funds be ut il i zed to subs i d i ze the purchase of
composting bins to the first one-hundred (100) Chula Vista residents wishing to
purchase the bins. Additionally, a home composting guidebook and training
sessions will be offered to all residents on an ongoing basis.
Staff is arranging with the California Conservation Corps Volunteer Program to
distribute a flier describing the home composting program (and bin order form),
door-to-door to several communities in the City. Staff will also work with the
Neighborhood Watch Project to request Block Captains to distribute fliers in
their neighborhoods. Fliers will also be distributed through stores, garden
clubs, nurseries, recycling centers, community centers, and senior citizen and
other civic organizations. Press releases will be mailed to the media announcing
the start of the home composting program. Through this public outreach it is
staff's intention to target as many Chula Vista residents as possible.
Staff has investigated a wide range of compost bins. Based on studies from other
home composting programs, as well as factors including, price, durability, ease
of use, and aesthetics, staff is recommending the "SOILSAVER" bin as the best bin
to be utilized in the initial phases of the Home Composting Project. Studies
indicate that the SOILSAVER bin, which is composed with recycled plastic, has a
long life, good moisture and aeration characteristics, and adequate capacity.
Its price is competitive with other similar type bins and it is available in
large quantities.
This attractive bin comes with a lid and sides that allow it to hold kitchen
scraps as well as yard waste, but remain resistant to rodents. Little turning
or other maintenance of the compost is required in using this bin, and the
finished compost product can be easily removed from the bottom of the bin.
Attachment C is a detailed description of the bin.
Development of easy-to-understand hand-outs and guides are the essential
foundation of any program, but will not work alone to promote composting. Many
people have the perception of composting as being messy, time consuming, smelly
or complex. Thus, staff is developing a compost education program that utilizes
both information and outreach methods to maximize the opportunity to break down
these and other potential barriers to wide use of composting.
Staff has drafted a guide to composting and yard waste reduction that can be
distributed to residents on an ongoing basis. This guidebook is a "generic"
3
14.~3>
guide to composting, discussing the compost process (moisture, aeration, carbon-
to-nitrogen ratio); different home composting systems (bin construction);
composting troubleshooting; suggested uses for the compost product (soil
amendment, mulch); and other yard waste reduction tips (use of mulching mowers,
chippers, xeriscape).
Home composting trainings open to all residents will be also be provided. These
trainings will be "generic," presenting information similar to that contained in
the composting guidebook. Staff will also be available to answer resident
quest ions by phone; presentat ions on compost ing wi 11 cont inue to be gi ven.
Residents who participate in the home composting program, particularly through
the purchase of the City subs i di zed bi ns, wi 11 be asked to comp 1 ete a brief
questionnaire in order to assist staff in evaluating the program.
Staff will closely monitor the Home Composting Project through direct contact
with participants, a short written questionnaire, and maintenance of a project
log to record all participant concerns and reported problems (including resident
complaint of odors emanating from bins). Currently neither the City nor the
County have any regulations regarding the type of compost bins or holding areas
that may be utilized or the placement of bins, piles or holding areas.
Under the Chu1a Vista Municipal Code, "trimmings from lawns, shrubbery, and
trees" are defined as "rubbish;" "food waste" is defined as "garbage." "Rubbish"
and "garbage" are further defined as "refuse." Section 8.24.060 states that "no
person shall permit any garbage, rubbish, or any other substance which may be or
will become offensive to be deposited or to remain in or upon any premises owned
or occupied by him or under his care and control except as otherwise provided by
law. "
While compost may become "offensive" if the wrong mix of materials are placed in
the compost piles or bins, offensive is nonetheless a subjective term and does
not necessarily apply to composting. Distribution of the Composting Guidebook,
resident trainings and direct contact, as well as staff monitoring should prevent
any problems resulting from the 1 imited use of composting under the Pilot Project
and expanded use as approved under regulation.
If the Council approves the proposed Pilot Home Composting Project staff will
recommend to Council a change in the Municipal Code to remove yard and kitchen
wastes from the definitions of "rubbish" and "refuse" if it is composted in a
manner and according to regulation approved by the City. Ordinance amendments
will be recommended prior to the issuance of bins (under the proposed Pilot) to
allow for the proper use and location of compost holes, piles, holding areas,
and/or bins under established rules and guidelines. Violations resulting from
improper maintenance of the home compost sites, for example, odor problems, would
then be defined in the new regulations.
If the City decides to expand home composting, composting guidebooks and other
information will continue to be distributed; information will be developed in
both English and Spanish; and, demonstration sites at community garden clubs and
other appropriate sites could be estab1 ished. Staff may also work with
Southwestern Co llege to begi n a "master composter" project s imil ar to the ones
utilized in Seattle and the State of Wisconsin, in order to build a support
4
I~ -y
network for home composters.
Additionally, staff will focus on market development for compost and mulch, and
work with home owners, property managers, and landscapers to achieve Citywide
participation in the separation of yardwaste through composting, curbside yard
waste collection, drop-offs at the County's Clean Green program, and community
composting sites.
FISCAL IMPACT: The full cost of the Pilot Home Composting Project is $5300 to
be appropriated from the Waste Management Trust Fund, and partially reimbursed
$2300 by resident contributions for the compost bins. The actual fiscal impact
to the City will be $3000, based on the total cost to the City to provide bins
for 100 residents which are subsidized by 50 percent of the individual bin cost
($23.00 of the total bin cost of $46.00 for 100 bins), plus development and
distribution of promotional materials (23,000 fliers and bin order forms, 1000
"home composting recipe" handouts, and 300 composting guidebooks).
5
lll-S /'4-1p
ATTACHMENT A
HOME COMPOST GUIDEBOOK
COMPOSTING AT HOME...
AND YOU THOUGHT ONLY GLASS, PAPER,
ALUMINUM AND PLASTICS WERE RECYCLABLEl
Composting, a Natural Way to Recycle
Compost is a natural soil condition that is valuable to you, the community, and
the environment. Composting is a controlled process, with you as the controller,
that speeds up the way nature normally decomposes organic wastes. Through the
actions of beneficial bacteria, fungi, insects and worms, organic debris such as
branches, brush, grass, and leafs, are decomposed to form a nutrient rich soil
condition called humus. Composting is convenient and easy. In about the same
amount of time that it takes you to bag your yard waste for refuse disposal, you
can instead, compost. it 1
The Benefits of Home Composting
Yardwaste makes up almost 20 percent of our wastestream. Through composting you
can save valuable landfill space, by composting or mulching your leaves, brush
and grass, instead of throwing it out in the trash. Composting literally turns
garbage into food "resources" for living organisms. Your compost product will
provide you with a nutrient rich soil conditioner, thus helping you to limit or
avoid the unnecessary costs associated with using manure, peat moss, bark mulch,
or synthetic (oil based) fertilizers. Compost helps soil hold in moisture and
prevents eros ion, thus contri but ing to hea lth ier plants and gardens, wh i 1e
helping to conserve water and topsoil.
Becoming a Composter is Easy!
Starting your compost pile:
1. Begin by finding a convenient location in your yard for your pile, a
hole, or a compost bin. An area with the dimensions of 4' x 4' x 4' will work
well, smaller areas can be utilized though. A shaded area works best, and water
should be accessible. The area should be level.
2. Now you are ready to start your pile, dig your hole, or assemble your
compost bin.
3. Be prepared to cover your pile in case of heavy rain with a piece of
plastic or scrap carpet (something through which air can still flow).
6
1\.\ -1
Feeding your friendly decomposers a we11 balanced diet:
1. The right mix of organic materials is necessary for a "well balanced"
compost pile. The mix includes:
CARBON NUTRIENTS: "dry" woody materials such as fallen leaves, dry grass
and brush clippings, dry weeds, wood ash, nut shells, saw dust, and even
newspaper and coffee filters.
NITROGEN NUTRIENTS: "wet" green materials such as fresh grass clippings,
kitchen wastes (coffee grounds, legumes, and vegetable and fruit scraps).
fertilizers, and manure.
Creating a "nutrient stew": it is important that a balance of carbon and
nitrogen be maintained in your compost pile. A good mix would include
approximately 2/3 high carbon containing material (by volume) and 1/3 high
nitrogen containing material. Large debris pieces, including branches or
cornstalks should be shredded or chopped into 1/2"-3/4" pieces. "Sprinkle" your
wastes into the pile so that they will not compact.
The "layered look": Start with high carbon ingredients, follow with high
nitrogen, then a layer of soil, and a little water.
2. Its the "little" things that will make better compost and speed up the
process:
SOIL OR FINISHED COMPOST: Adding small amounts of soil or already finished
compost will bring beneficial organisms to your pile, and reduce evaporation of
needed nitrogen and moisture. After alternating (or mixing) a layer of nitrogen
"sources" with a layer of carbon "sources", place a thin layer of soi 1 or
finished compost over the top.
MOISTURE: Your compost pile needs moisture to keep it loose so that air can
filter through the soil, and to aid in decomposition. After each layering process
sprinkle a little water over it. The pile should be slightly damp, but not soggy.
AIR: Aerobic ("with air) decomposition is the best way to produce usable
compost at home. Just as all living animals need air, biological decomposers need
air as well. Using a compost bin allows for air to readily get to the pile. You
can increase the speed of composting through turning the pile every other day to
once a week in order to expose more material to your pile's feeding organisms,
and to allow more air to filter through the pile. The more often your pile is
turned, the faster it will decompose. If you are not in a hurry, it is not
necessary to turn the pile. Without turning, your compost will be ready in 6
months to one year.
3. Its hot! A well maintained compost pile will become very hot in the
middle due to all of the biological activity going on inside of your pile.
Temperatures can reach up to 160 degrees Fahrenheit! So, don't be alarmed, this
is normal and necessary for proper decomposition. As the pile heats up, it also
kills unwanted bacteria, plant diseases, and weed seeds.
7
N.<;(
4. Not all organic materials can be composted. DD NDT COMPOST meat, bones,
grease, dairy or other animal containing products. These materials do not readily
decompose, and may attract unwanted animals. Also, never compost cat litter or
dog manure if the final compost product is to be used for growing food for human
consumption.
5. If you compost your kitchen scraps it is best to keep these separate
from yard wastes. A hole can easily be dug to hold kitchen scraps, without
attracting unwanted insects and rodents. Whether you place your kitchen scraps
in a hole or compost holding area or bin, ALWAYS cover with a thin layer of soil.
WARNING: COMPOSTING OF FOOD SCRAPS IS USUALLY OKAY, ESPECIALLY IF CARE IS
TAKEN TO NOT COMPOST MEAT, DAIRY OR OIL AND TO COVER SCRAPS WITH SOIL.
HOWEVER, START OUT BY JUST COMPOSTING A SMALL AMOUNT OF SCRAPS AND WATCH
FOR ANY SIGNS OF RODENTS AND UNWANTED PESTS. IF YOU FIND EVIDENCE OF
RODENTS, OR GROWTH OF FLY LARVAE OR AN ABUNDANCE OF ANTS, DISCONTINUE
COMPOSTING OF KITCHEN SCRAPS.
6. Worms, insects and other living creatures are essential to the
composting process. Without these beneficial creatures, compost cannot be
created.
But, When Is It Compost?
Your compost pile is ready to use when it has reduced significantly in volume and
turned into a uniformly dark brown, crumbly, and "earthy" smelling material
(a. k. a. "humus"). Th i s wi 11 take anywhere from 14 days to 18 months, dependi ng
on what goes into your pile, and how often it is turned. Don't use unfinished
compost, it will rob your plants of nitrogen and may spread plant diseases, or
unwanted weed seeds.
Giving Your Plants The "Home Composting Treatment"
When your compost is ready, open the bin at one corner and... Use a pitch fork
or shovel to remove any small portions of the pile (usually at the top) that are
not thoroughly composted, return this material to your bin or compost area.
The harvested compost can be used as soil conditioner, mulch, or as potting mix.
Soil Conditioner: When preparing soil for planting, mix several inches of compost
into the top 6-12 inches of soil.
Mu lch: To protect soil from erosion and compaction, for better moisture retention
and to help control weeds, cover your entire garden bed with compost, or place
it around flower beds, shrubs, and trees. Compost should never be placed directly
on plant stems or tree trunks.
Potting Mix: Mix one part sifted compost and two parts commercial soil mix for
potting soil. Or, two parts compost can be mixed with one part sand for a
complete "homemade" potting soi 1.
8
I ~ - 'l
Home Composting Troubleshooting
MY COMPOST PILE...
THE TROUBLE IS... WHAT TO DO
Isn't heating up The pi le is too wet Turn pile, add dry
materials
The pi le is too dry Water the oile
The pile contains too Add more nitrogen
much carbon sources, such as wet
greens, kitchen
scrans, manure
Sme 11 s rotten The pile isn't getting Turn the pile; water
enough air or is too it less and add dry
wet woodv materials
Contains Do not compost meat,
noncompostables grease, bones, or
other animal oroducts
Is dry throughout Not enough water Turn it, and water
oile. Cover oile.
Too much dry, woody Add wet green material
material or kitchen waste
Is not composting and Lack of nitrogen Turn it and mix wet
has a sweet smell grass clippings,
kitchen scraps, or
manure
Has a strong odor of Too much nitrogen Turn the pile, add
ammonia carbon sources, like
dry leaves, straw, or
sawdust
Too alkaline Turn pile, and add
acid material like
coffee grounds and
citrus
Has maggots too many Too much exposure of Cover regularly and
insects, rats, other food scraps fully with a thin
nests laver of soil or straw
presence of meat Remove meat and fatty
scraps, dairy or fatty foods from pile, turn
food waste pile to increase
temperature
NOTE: SOME INSECTS ARE TO BE EXPECTED, PARTICULARLY ANTS. ANTS ARE THE ONLY
INSECTS THAT CAN BREAK DOWN LIGNIN IN PLANT TISSUE. HOWEVER, AN OVERGROWTH OF
ANTS, AS WELL AS UNWANTED INSECTS, FOR EXAMPLE MAGGOTS, CAN BE PREVENTED BY
9
\I.\~ID
COVERING All DEPOSITED MATERIALS WITH A lAYER OF SOIL, AND TAKING CARE TO NEVER
COMPOST MEATS, DAIRY PRODUCTS OR FATTY FOOD WASTE. ODORS WIll ALSO BE CONTROllED
THROUGH FOLLOWING THESE SIMPLE RULES. IF ODORS DO DEVELOP, SIMPLY TURN THE PILE
AND FOLLOW THE TROUBLESHOOTING SUGGESTIONS ABOVE.
Sample Composting Recipe or How to Turn Waste into Food!
You don't have to be a scientist or plant expert to make compost, but there are
some guidelines to follow in order to make good compost. All organic tissues
(from humans to plants) contain a ratio of carbon to nitrogen (C:N). This C:N
ratio can range from 15:1 for table scraps (which are relatively high in
nitrogen) to 500:1 for sawdust (which is very high in carbon). Beneficial,
"decomposer" organisms also require a balance of carbon and nitrogen to be able
to work properly.
An ideal carbon to nitrogen ratio for composting activity is 30:1, although for
slower composting a mix of 50:1 is fine. Eventually, all organic mater will
decompose, so if you are not in a hurry for your compost, don't worry about the
"proper" mix!
How to get a 30:1 carbon to nitrogen mix in your pile:
2 parts grass clippings (which have a 20:1 ratio of C:N)
1 part dry leaves (60:1)
layer or mix the above, followed by a thin layer of soil or finished compost, and
a sprinkle of water
SOME CARBON TO NITROGEN RATIOS:
MATERIAL
C:N RATIO
Table scraos 15:1
Grass cliooinos (fresh) 20:1
Manure 20:1
Weeds (fresh) 25:1
Leaves (fresh) 40: 1
Hav (drv) 40:1
Leaves and Weeds (drv) 60:1-90:1
Straw (drv) 100:1
Sawdust (drv) 500:1
Wood 700:1
10
'Uc-Il
Guidelines for Containing Your Compost
1. The "Hole" Method
Step One: Find an area at least 2 feet wide by 3 feet long (smaller areas
can be used, if necessary). Area should be away from open doors, windows,
etc.
Step Two: Dig a hole about 1.5 feet to 2 feet in diameter, and as deep as
you can dig. (Watch out for pipes!). Pile loose soil to the side, you'll
use this as cover.
Step Three: Begin your compost pile. When your hole is full, cover it with
remaining soil.
Step Four: Dig another hole next to the one you just filled.
Step Five: Begin your compost pile. When your hole is full, again cover it
with remaining soil.
Repeat steps above. When you have dug as many holes in your compost area
as possible, go back to the original hole. The compost should be ready to
use at this time. Dig up the compost, set it aside for later use. You can
now begin the whole process again.
2. The "Open" Pile Method
Step One: Find an area at least 3 feet wide by 3 feet long. Area should be
away from open doors, windows, etc.
Step Two: Begin your compost pile.
3. Turning units
a. Concrete Block
b. Wooden
c. Wood and Wire
4. Compost bins
5. Holding Units
a. Wire Mesh
b. Fence
c. Concrete Block
d. Wooden-Pallet
6. Garbage-Can Composter
7. Earthworm Composting ("Vermiculture)
[more to be included: written and diagram description of above]
11
\\\- 12-
Saqlle "Recipe" flier
BASIC HOME COMPOSTING RECIPE
1 Part CARBON: brown, woody, dry materials such as fallen leaves, sawdust, straw. Bulky
materials, including branches should be chopped or shredded.
1 Part NITROGEN: green, wet materials, such as grass clippings, kitchen scraps, and
manures
MOISTURE (just a little, like a damp sponge)
A LITTLE SOIL OR FINISHED COMPOST
AIR
A SHOVEL OR PITCH FORK
AND YOU
Mix a variety of materials by alternating a layer of "carbon" or dry, brown materials,
with a layer of "nitrogen" or wet, green materials. Sprinkle a little water on each
layer so that the materials are moist, but not soggy. Top it off with a thin layer of
soil or already finished compost. For fast compost, build a pile between 3' x 3' X 3'
and 6' x 6' X 6'. The more you turn the pile to allow air in the faster your compost
will be finished. Turning your pile 1-2 times per week will make compost in 2 weeks to
6 months, depending on what you put in your pile. Piles that are not turned will take
up to a 18 months to be ready.
DO NOT COMPOST meat, bones, grease, or dairy products, cat liter or dog manure.
Compost can be piled, it can be thrown in a hole, or placed in a bin. The City of Chula
Vista has a Guide to Home Composting containing more information on composting, how to
build or purchase a compost bin, and helpful hints. To get this guide, or to ask
questions about composting, call the City's Conservation Coordinator, at 691-5031.
12
\1..\1~ /11/-14
ATTACHMENT B
HOME MULCHING AND COMPOSTING
ENVIRONMENTAL AND HEALTH ISSUES
The best way to avoid any potential health or environmental concerns associated with
composting is through educational materials and trainings that show residents how to
properly start and maintain their home composting systems. There are five primary
health and environmental concerns associated with composting: 1) rodents and other
unwanted vermin; 2) unwanted insects; 3) odors, 4) air and water contamination; and,
5) pesticide residue.
1. Rodents and Other Vermin
Any piled material, from old clothing, wood and other items commonly associated with
garage storage, to piled yard debris, may provide nesting areas for rodents. While,
in general, rats are attracted to an area for the food supply, almost any home occupant
can encounter rats, regardless of how "clean" a yard or garage is kept. Rodents and
other vermin in are not commonly associated with home composting, but nonetheless can
be attracted to compost piles.
Although yard and food wastes can be composted together, it is most likely that rats
would be attracted to food wastes. To avoid this potential health problem, complete
separation of yard from food wastes is recommended. Monitoring the pile for any visual
signs of nesting areas will help to prevent vermin from "taking hold" in the compost
pile. Additionally, regular turning of the pile will prevent vermin from making
compost their home.
The compost bin that is proposed under the City's subsidization can be utilized for
both kitchen scraps and yard waste, and is built to be rodent resistant. Food scraps
(including vegetable and fruit discards, but excluding meat, dairy, and oil) can be
safely and effectively composted if care is taken to thoroughly cover the scraps with
a thin layer of soil immediately upon placement in a bin, pile or hole. However, in
order to avoid potential vermin problems, the City's Home Composting Guide will clearly
discourage the composting of food scraps with yard wastes.
2. Unwanted Insects
As any avid gardener will testify insects can, and will, be a potential problem.
Again, the best way to remedy potential insect problems is through composting yard
wastes separate from food scraps. Clear warnings against composting of litter or pet
feces is also a must, as these tend to attract flies. Composting of fruit and
vegetable scraps from gardens can attract unwanted bugs, however, proper covering of
these wastes immediately after placement in compost piles will help to minimize
exposure of these items to insects. Covering with soil or sawdust is the best remedy.
Those individuals that wish to compost their kitchen scraps will be encouraged to do
so only in covered compost bins, or through digging a compost hole and then covering
completely with a thin layer of soil. Both these methods will help prevent fly larvae
from pupating, as well as discourage ants from the area. Simple methods such as placing
coffee grounds around compost piles can also work to keep ants out of the pile.
13
Ilt - 15
As with any natural process, worms and bugs playa key role (including ants). It is
beneficial insects and bacteria that break down the yard debris into mulch and compost.
Proper covering and monitoring of compost piles will help to prevent unwanted insects
from becoming a problem. Because ants can be a problem in any garden at certain times
of the year in our area, the best suggestion is to place the compost bin away from the
house to prevent any harm from ants that do find the compost bin an attractive sight.
Avid gardeners have their own special ways of dealing with bugs, many of these would
also work to help control unwanted pests in the compost pile.
3. Odors
Probab 1y the most common prob 1em assoc i ated with compost ing is odor. Natura 1
decomposition, when done properly will have a slight "earthy" smell to it, but is
usually not a "bad" odor. Again, separation of food wastes from yard wastes is the most
important remedy to keeping odors to a minimum while composting. Rotting meat, oils,
and dairy products are the worst offenders when it comes to composting. These products
should never be composted, even when food scraps are composted with or separate from
yard waste.
The placement of fresh grass into bins will often add to odor occurrences for the first
day or two after placement in the bin. This can usually be controlled through placing
a thin cover of soil, straw, or leaves over the grass (to maintain the proper nitrogen-
carbon balance). Proper monitoring of the compost pile through watering, maintaining
the right carbon-to-nitrogen balance, and occasional turning, should eliminate or
control all odor problems.
4. Air and Water Contamination
Several studies have been conducted on the potential environmental problems associated
with large scale composting facilities, but none (of which staff is aware) have been
conducted on home composting. It can be assumed that while some environmental concerns
exist with large scale composting sites due to the concentration of decaying material,
little evidence exists that would indicate these occurrences in home composting.
Air impacts from yard waste composting appear to be minimal, and are certainly lower
than those produced by 1andfi11ing or incinerating the materials. Carbon Dioxide (C02)
and nitrogen are produced during decomposition, whether on a lawn, in a compost pile,
or in a landfill. Additionally, composting yard wastes at or close to the point of
generation eliminates air emissions resulting from transporting them to a centralized
landfill or compost facility.
Water quality concerns appear to be justified only in regions of heavy rainfall where
runoff and 1 eachate are not mit igated by soil s, plants, or other conta inment and
treatment, or where yard waste compost ing sites are very c lose to groundwater or
surface water supplies. Again, this applies to relatively large composting facilities
where heavier concentration of nitrogen, phenols (from decaying lignin) and Biochemical
Oxygen Demand (BOD), is more likely to occur.
14
14~1~
a. Aspergillus Fumigatis
Aspergillus Fumigatis is a fungus which is found throughout the world and is common in
a variety of materials, including hay, grain, decaying vegetation, compost, soil, as
we 11 as in most homes. It is the fourth most common mo 1 d found in homes, and is
present in all seasons. Aspergillus Fumigatis is also common in composting operations.
Studies show that the fungus is found in relatively heavy counts in large compost
piles, but diminishes to background normal levels in the periphery of the compost site.
Studies done on Aspergillus Fumigatis (Clark et al., 1984) showed no trend to allergic
responses or infection in workers at compost sites in the United States. Severe
Aspergillus infections under any conditions (i.e., not relating specifically to compost
sites) occur almost exclusively in people who are severely debilitated or immuno-
compromised (e.g., persons with leukemia or lymphoma).
b. Endotoxins
Endotoxins are noxious substances produced by gram negative bacteria. It is produced
by a wide variety of bacteria, including many which are non-pathogenic. This suggests
that is plays no part in virulence, or the degree of disease producing properties of
a species of bacteria. Many of the normal bacteria found in humans are gram negative.
The mucus membranes of the nose, throat, and intestines contain large quantities of
gram negative bacteria and large amounts of endotoxins. There is no evidence that the
physical presence of large numbers of gram negative bacteria, or extremely large
quantities of endotoxins within the intestines cause any symptoms of any kind.
Endotoxin levels in many work environments were found to be higher that those at
composting work sites.
Monitoring of compost operations in several sites in different areas have not indicated
a significant level of bio-hazard risk associated with bacteria, fungi, dust or
endotoxin. The compost ing environment does conta in potent ia 1 bio-hazards (fungus,
allergins, endotoxins) and particular individuals hypersensitive to allergins or
predisposed to opportunistic infections may be at risk. Again, however, this generally
pertains to large scale composting facilities.
5) Pesticide Residue
Herbicides, insecticides, fungicides and fertilizers are routinely applied to our
lawns, trees, shrubs, gardens, plants, and flowers. A three-year study of compost
facilities in Massachusetts conducted by the Tellus Institute concluded that "very low
levels of pesticide residues were found in fresh grass clippings sample from commercial
landscapers and a residential drop-off program..." but that, "no pesticide residues
were detected in finished composts from these materials."
Generally, pesticides can be expected to degrade at least as fast in a compost pile as
when applied to soil, however, it should be realized that it is our society's choice
to introduce these products into our ecosystem and there can be residue regardless of
whether it is in a compost pile, in a vegetable garden, or in a landfill.
15
14 - 11 /IJI-J.t
CHOOSE NORTH
AMERICA'S BEST
SELLING COMPOSTOR
WASTE RECYCLER
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HERE'S HOW IT WORKS
~~~~~~~~~@
NEW RICH BLACK COLOR
RAISES COMPOSTlNG
TEMPERATURE
NATURALLY
ADD from the Kitchen
All kitchen cuttings
All fruit & vegetable waste
Coffee grounds & filters
Tea Bags Eggs Shells
Spent houseplants
C.. IIowers
ADD from the Garden
leaves Dry grass clippings
Hedge trimming
All green matter
Sawdust
. Walls help retain heat (active
composting occurs above 5QoF).
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FREE
COMPOSTING
GUIDE
INCLUDED
WHY A RECYCLING COMPOSTOR
. Recycles up to 30% household waste, tidily.
. Retains heat and moisture.
. Faster and easier than a heap or pile.
BENEFITS OF COMPOST
. Natural water soluble fertilizer.
. Replaces trace minerals.
. Holds moisture like peat moss.
. Produces bigger, better tasting vegetables, brighter
blooms.
o recycled paper
. Micro-organisms break down moist.
well 8!lrated material
570C
. Finished compost is nature's own . Larger organisms break down material
fertilizer and soil conditioner. further.
CHOOSE THE SOILSAVER
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Over 150,000 in use.
Optimum heat retention, moisture, and aeration.
Aerobic non-smelling process.
10 year guarantee.
Attractive design.
2 doors to remove finished compost.
29 pounds of UV inhibited polyethelene for long life.
12 cu. ft size ideal for most gardens (26 x 26 x 32"
approximately).
Manufactured using 50% recycled polyethelene.
.
.
.
.
.
.
.
SOIL_lIER'
Barclay Recycling Inc.
75 Ingram Road. Toronto, Ontario M6M 2M2
1051 Clinton 51.. Buffalo. NY 14206
Telephone: (416) 240-8227 Fax: (416) 240-0114
14"~D
Printed In Canada
Form SSC.E-0391
Many Gardeners Haw Used
The SOlLSA~Ert
For Years
NOW YOU TOO CAN COMPOST AND RECYCLE
Here's a compostor that combines
quick decomposition with a design
that's attractive for any backyard.
. Organic Gardening and Lawn Care
will save you money!
. Guaranteed for 10 years
. City waste is a growing and expensive
problem, YOU CAN HELP'
. Attractive and convenient design
ensures a steady supply of nutrient
rich humus/compost! '@1o/~-
. Gardening catalogs ~ - ","
agree this , ' \
is the best " ,~}
compos1or '111' ,V\
available! '
. Over " J
250,000 1)
in use
tOday'
SOILSIl\lER ()
The Recycling Compostor
BARCLAY RECYCLING INC,
., TORONTO' BUFFALO
.... recycled paper FORM SM0990
.. PRINTED IN CANADA
14 ~)..\
Now
More Than Ever It
Makes Sense To
Compost.
SOILSIl\lER
The Recycling Compostor
I'HOENIX INTERNA.TIONAL
111O-B EL CAMINO REAL. 5/5
CARLSBAD CA. 92009
(619) 941-8118
SOILSIl\lER
Organically
Revive
Your Environment
SOILSlNER converts kitchen and
garden waste into an excellent soil
conditioner and nutrient supply for
healthier, tastier fruits and
vegetables, brighter, more abundant
flowers, and greater plant, shrubs
and lawn growth. Recycling and
composting benefits you and your
neighbours. Do it right with
SOILSlNER
Why A Recycling Compostor
. Recycles up to 30% of household waste
. Contributes to backyard enjoyment.
. Retains heat and moisture.
. Faster and easier than a heap or a pile.
. Attractive appearance year round.
Here's Ho" It Work..
ADD FROM THE KITCHEN
. All kitchen cuttings . Egg Shells
. Tea Bags . Cut flowers
. All fruit waste . Excess vegetables
. Spent houseplants . Paper towels
. Coffee grounds & filters
ADD FROM THE GARDEN
. Leaves . Dry grass clippings
. Hedge trimmings . All green matter
. Sawdust . Garden clean up
Mix all material together
Let Mother Nature do the rest.
Benefits Of Composting
. Natural water soluble plant nutrients.
. Replaces trace soil minerals.
. Holds moisture like peat moss.
. Produces bigger, better tasting
vegetables. brighter flower blooms.
. Diverts tons of waste from your
community landfill sites.
Ill.../-. 'l..
RESOLUTION NO. J(",I./ ').7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A HOME COMPOSTING PILOT
PROJECT AND APPROPRIATING FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on April 26, 1990, the City Council adopted a
policy on recycling and integrated waste management which
establishes a wastestream diversion goal of 30 percent by 1992 and
the California Integrated Waste Management Act of 1989 (AB 939)
requires that 25 percent of the City's refuse be diverted from the
landfill by 1995; and
WHEREAS, currently, the City recycles an estimated 1-2
percent of its total wastestream and approximately 17 percent of
Chula vista's waste stream is yard waste ("greens"); and
WHEREAS, yard waste composting has great potential as a
municipal solid waste management option to help achieve the
diversion goals set by the State, County and the city and it is
recommended that a proposed home composting program be authorized
and that Waste Management Trust Funds be used to subsidize the
purchase of composting bins for residents and related promotional
material costs; and
WHEREAS, Council established the Waste Management Trust
Fund to be used in source reduction, recycling and other programs
that may help to stabilize disposal generation and costs over the
long term and home composting is a cost-effective way to promote
waste reduction and encourage Citywide participation in reducing
yard and landscaping waste currently disposed in the Otay landfill;
and
WHEREAS, at their November 18th meeting, the Resource
Conservation commission approved the staff report on a motion of 5-
o. Additionally, recommendations were made regarding the use of
compost; education and outreach about composting; and, allowing
residents to make payment arrangements on compost bins,
particularly as the city's full "Greens Program" is implemented
next year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Home Composting
pilot Project as set forth in that Council Agenda Statement dated
1
14."~~
Novmber 26, 1991 entitled "Approving a Home Composting pilot
Project and Appropriating Funds Therefor".
BE IT FURTHER RESOLVED that the amount of $5,300 is
hereby appropriated from the Waste Management Trust Fund and
transferred into Account No. 270-2700-5398 with a partial
reimbursement to said account of $2,300 by resident contributions
for the compost bins.
Presented by
lbf
orm by
Athena Bradley, Conservation
Coordinator
, City
Bruce M. Boogaa
Attorney
C:\RS\composting
2
l~.'l~
Item No. -1a
Date 11/26/91
15. RESOLUTION 16428
DIRECTING STAFF TO CONFER WITH JOELEN
ENTERPRISES FOR THE PURPOSE OF PREPARING
A PROJECT DEFINITION UNDER CEQA AND FOR
APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH JOELEN ENTERPRISES FOR THE
DEVELOPMENT OF A DISPOSITION AND
DEVELOPMENT AGREEMENT WHICH MIGHT
IMPLEMENT SAID PROJECT AND TO RETURN SAME
TO THE CITY COUNCIL FOR THEIR REVIEW AND
CONSIDERATION
The applicant has requested that the item be continued to the
Council meeting of December 10, 1991.
1.5-1
November 25, 1991
TOI
Councilman Jerry Rindone
John D. Goss, City Manage(~
Q~€.tjons!Respons~s regar~ng November 25, 1991 Council Agenda
FROM:
SUBJECT:
Item 8 Vacation of 81y.r Way
1. "h~::s ti,e Curre,t publ it n..aring date. The synop.h following the title
on tf';: <I_I.J~: agenda indicates the date is 1/15/91 (obviously this is
in;:.orrec:., eyen if the public hearing is 1/15/.2Z.). but the agenda report
i~dicates that the public hearing is 12/17/91. Please clarify.
The correct date for the public hearing is 12/17/91.
Item 10 GIS Consulting Services
1. On .'age 10-3, the report indicates that the GIS Steering COl1ll1fttee feels
that a particular Individual working for the Ernst & Young team is key to
the proposal and the contract will provide for no substitution witho"t
'ppru,al by the City. What is this person so key to the contract?
,_;,;,,~& YOJrg team was selected because, ~s a group, they had overa'l1
t;fperience which was more applicable to the City's requirementsj and in
~tl:-t icular, Nora Sherwood Bryan, the Project Manager for the Ernst & Yourg
projelt team i~ key to the proposal because her experience in GIS is applicable
to the City. For examp 1 e I some of her experi ence and expert I 5e wh i ch is mos t
relevant to the City are: her background in developing a GIS master plan, hHr
previous GiS...ork ",ith the cities of Los Angeles, Nen Orleans. Dayton, and others
which gl,e her a baCKground In multi.dep~rtmental GIS and in integration of G!S
to other CIty systems, and her exposure to local (San Diego area) GIS activity
She is alse key because she is the Project Manager. In such cues, th..
substitution 0" the p,'uject manager usually results in a negative impact to H...
project by ~au;;nQ delays to the project schedule and misunderstanding of tr€
project gOllls.
2. What special talents does this key indiwidual possess?
In addition t.J the special expertise examples cited in quest'ion Il. Nora Shen,:J
Bryan has peJ'formed many GIS benchmark tests; the benchmark test is part Of t;"
selection process and is used to test the selected GIS system in an envirorme~t
similar to the City's. ,his test wi11 be performed by the top candIdate GiS
systems, and w!ll provide critical information in selecting the best syste~ for
the City.
3. Why not return to Council when the addItional services are needed?
The authorization for addlt'oral services Is requested because 1) by includ1ng
it no~, the current rate is locked in and will be used to determine the cost or
future services instead of a ne... higher r'ate which will be effective when the
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senictls are rendered four or five months rrom now; and 2) typically, GIS
implementation has always required some level of support from expe'"'enc~r G1S
implementors. However, it is the intent or City staff to perform as lo'"~:":j o~" ,;"~
implementation tasks as it is capable of doing, which leaves thr level of
additional services unknown until actual implementation, and during "tual se~,"lr
and implementation of the GIS system, such services are best and most effective
when rendered expeditiously. Therefore, the authorization for addit;()r,~J
services has been requested with a not-to-exceed limit,
Item 11 Consultant Contracts for Sewer Issues
1. On Page 11-4, the report indicates that Oeloitte Touche is our audi+cr
Would this not present a potential conrlict of interest? Please clarify"
In checking with the City Attorney, it was determined that there might be I .~. f
slight chance of a conflict since the auditor represents the Public, whereas t~e
consu 1 tant represents the Ci ty Corporat ion (the corporat ion being the Coune i 1 e~a
Staff). However, the City Attorney believes the chance of conflict neg'I9'b1e
and recommends award to De1oitte.
Item 12 MAAC Project CUP
1. If the MAAC Project (Los Nosotros) is not approved, what is the like1i":oC
that "Abundant Life Counseling" would be approved and would it h:;;,
utilize the former facilities of Vista Hill Hospital?
" f's understandi"g of the "Abundant Life Counseling" proposals that It would
,) 1 ve a res i dent1a I care fae i1 ity for youth who are separated from the i r
rents because of domestic violence or other reaSons. We also understand tr.~t
.ney would propose to use the entire facility at 3 North Second Avenue. TM's
operation could be permitted on the site through a conditional use permit, a~j
would likely be subject to similar conditions as those proposed for the ~,A:
project. However, staff has not reviewed a specific proposal for this use.
2. Has Mr. Seymour Reichbart continued the process to obtain his cur as
indicated in the staff report?
Mr. Reich~art has not made any further progress toward obtaining a Conditic~:a1
Use Permit for a "rooming house" facility on the remainder of this site. The
next step in this process WOuld be to file an application for the Conditional Use
Permit and Initia"1 Study, Including submittal of plans and ~ppropriate fee5.
JDG:mab
cc: Mayor/Council
City Attorney
rlnolone
~~~,~~~ kt
NORMAN W. HICKEY
CHIEF ADMINISTRATIVE OFFICER
LOCATION CODE 730
(1519) 1531-&260
(!IOUtt!\! of ~ntt ;!Eli~Bo
CHIEF ADMINISTRATIVE OFFICE
1800 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101-2472
I
John Goss, City Manager
City of Chula vista
276 Fourth Ave.
Chula Vista, CA 91910
Dear!~SS:
As you are aware, the county is currently attempting to obtain all
of the necessary permits to allow the San Marcos Landfill to
continue operation through vertical and, ultimately, horizontal
expansion. The purpose of this letter is to request your City's
assistance in this effort.
As a result of Judge Milliken's decision on the Christward Ministrv
~ County of San Dieqo lawsuit, the County has supplemented the
1990 EIR with additional information on ground water and surface
water. This work was completed in October, 1991, and the
supplemental EIR (SEIR) was released for public review on October
28, 1991. The comment period ends November 27, 1991. About three
weeks will be needed to prepare responses to the public comments
and prepare a Board report. It is expected that the Final SEIR
will be considered by the Board of Supervisors for certification on
Tuesday, December 17, 1991.
To assist in expediting permit proceedings on the expansion, the
County requests your city send a letter to the Regional Water
Quality Control Board (RWQCB) supporting the County's request to
schedule a special meeting following the planned EIR certification.
The purpose of the special meeting would be to reconsider the Waste
Discharge Orders for the San Marcos Landfill Expansion Project.
This special meeting is needed because the RWQCB was unable to set
a date for its normally scheduled business until February. A
February date would be too late to avoid closure of the landfill
prior to the landfill expansion proceeding.
A draft letter to the RWQCB is attached for you to use or modify as
you desire. It is anticipated that the RWQCB will consider this
request at their December 9, 1991 meeting.
Mr. Goss
-2-
In addition, please consider having a representative from your city
attend the RWQCB meeting of December 9, 1991 to reinforce the
County's request to set a special meeting date. This meeting will
be held at the San Juan capistrano City Hall, 32400 paseo Adelanto,
San Juan Capistrano, California, starting at 9:00 a.m.
If you have any questions concerning this, please do not hesitate
to contact Lari Sheehan, Deputy Chief Administrative Officer at
(619) 531-5274 or Granville M. Bowman, Director, Department of
Public Works, at (619) 694-2227.
Sincerely,
<<vCv I
ORMAN W. HICKE
Chief Administr tive Officer
NWH: jm
Attachment
cc:
David Janssen
Lari Sheehan
Department of
(A-6)
(A-6)
Public Works (0332)
.
DRAFT
Mr. Charles Badger, Chairperson
California Regional Water Quality Control Board
San Diego Region
9771 Clairemont Mesa Blvd., suite B
San Diego, California 92124-1331
Dear Mr. Badger:
SUBJECT: Request for special Meeting on the San Marcos Landfill
Expansion Report of Waste Discharge
I request, on behalf of the County of San Diego, that your Board
set a special meeting for your consideration of the San Diego
County I s revised Report of Waste Discharge for the San Marcos
Landfill Expansion.
The special meeting is needed because the first meeting that your
Board has scheduled for the new year is in February. That February
date will be too late to avoid closure of the landfill prior to the
landfill expansion proceeding. Such a closure will cause a
financial hardship on North county residents and trash haulers, and
place distress on the solid waste disposal system in San Diego
County.
Thank you for your time and consideration of this matter.
November 20, 1991
FROM;
MAYOR AND COUNCIL
SHAUNA STOKES W
J
TO:
SUBJECT:
MOBILEHOME RENT REVIEW COMMISSION PROPOSED APPOINTEES
Name Status
Recommended bv
Andrew Delgado Application on File
J. Rindone
Carl Grieve No application
L. Moore
Steve Thomas No application
D. Malcolm
Jeri Vanderpool No application
S. Grasser Horton
Peter Watry Application on File
Evita Beas McCullough No application
T. Nader
T. Nader
------------ ----------------
T. Nader
There are a total of seven voting members on the commission.
council may appoint up to three ex-officio members, who do not have
to be residents of the city. One can be a tenant of a mobilehome
park, and one can be an owner of a mobilehome park.
)11t-3
NOTXCB OF PROPOSBD RATB XHCREASB
Q~ ~
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N rq
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.
San Dieqo Gas & Electric Company (SOG&E) recently file~o
General Rate Case (GRC) Application No. 91-11-024 with the (',
California Public utilities Commission (CPUC). Xn this'" ...::.
application we request a $143.384 million (7.7%) increase in the
revenues required to provide electric, gas, and steam service,
effective January 1, 1993. We have requested this increase to
recover, among other things, what we forecast to be: 1) the
added costs of upgrading existing generation, transmission and
distribution facilities, and building new facilities: 2) higher
operating and maintenance costs: and 3) costs to comply with
changing laws and regulations.
.
;':'l
::.J
As part of this GRC application, we have also asked the CPUC
to permit us to increase our revenues by approximately $60.593
million in 1994 and $96.876 million in 1995 to cover certain
projected cost increases. The actual increases for 1994 and 1995
will be determined by the CPUC prior to the beginning of each
year.
How SDG&E's Request Would Affect Rates
SDG&E's proposed 1993 revenue increase for each customer
class is listed in the table below. The corresponding rate
increase is also listed. The total rate increase is $145.258
million (7.7%). The rate increase for certain customer classes
is different than the revenue increase due to expected changes in
sales volumes.
Customer Class Proposed Revenue Increase Proposed Rate Increase
(SOOOI (Xl (SOOO) (X)
ELECTRIC
Residential 59,890 9.7 59,890 9.7
General Service (Small) 19,814 10.4 19,814 10.4
General Service (Medium) 14,708 10.5 14,708 10.5
Gener.l Service (Large) 26,417 5.8 28,049 6.1
Agricultural 1,467 10.5 1,467 10.5
Street Lighting 974 10.7 997 11.0
TDTAL ELECTRIC 123,269 8.6 124,924 8.7
GAS
Cor.
Residential 11,814 5.8 11,506 5.7
General Service Cs.Bll) 4,086 5.8 3,980 5.7
Noncar.
General S.~ic. (Large) 818 3.6 784 3.5
Cogeneration 1,839 4.4 1,776 4.2
Utility Power Planta ..1.ill 1.1 ~ 0.9
TDT AL GAS 19,873 4.3 19,186 4.2
STEAM
General Service ill 13.7 1.148 120.3
TDTAL STEM 242 13.7 1,148 120.3
What These ChlU1ges Would XelU1 to ae8ideDtial CU.to.er.
If the CPUC approves our request, the 1993 monthly bill of a
residential customer using 400 kilowatt hours of electricity and
40 therms of gas in a winter month would increase approximately
COUNCIL INFORMA TIC~J
17 b
$5.63 from $65.42 to $71.05. Your bill changes will vary
depending on the amount of energy you use.
The CPUC will Hold Hearinga
The CPUC will hold evidentiary hearings on our application.
At these evidentiary hearings, the CPUC will receive testimony
from SDG&E, the CPUC's independent Division of Ratepayer
Advocates and other interested parties. Parties may offer
proposals to the CPUC which differ from those we present.
The CPUC will also schedule local public participation
hearings. The public participation hearings provide you the
opportunity to comment to the CPUC on our proposed rate changes.
All evidentiary and public participation hearings are open to the
public.
After considering all proposals presented during the
hearings, the CPUC will issue its decision. The actual rate
changes approved by the CPUC may differ from those we request,
and may result in rate changes greater than, or less than, those
described in this notice.
The CPUC welcomes your comments on our application. You may
submit written comments to the CPUC at the following address:
Public Advisor's Office, California Public Utilities Commission,
107 South Broadway, Room 5109, Los Angeles, California 90012.
Por Further Information
If you would like to participate in CPUC evidentiary
hearings and need advice on how to do so, or if you would like to
receive further notices regarding the date, time or place of any
hearing, contact the CPUC Public Advisor's Office at the CPUC
address listed above. Be sure to state that you are writing
about Application 91-11-024. You may also obtain further
information on this matter from Lee Schavrien, Manager - Revenue
Requirements, San Diego Gas & Electric Company, Post Office Box
1831, San Diego, California 92112-4150.
A complete copy of our Application and related exhibits will
be provided upon written request to Lee Schavrien at the address
listed above. In addition, you may review a complete copy of our
application at SDG&E's headquarters located at 101 Ash Street,
San Diego, California 92101 or at the following business offices:
436 H Street
Chula Vista, CA 91910
104 N. Johnson Avenue
El Cajon, CA 92020
662 Camino De Los Mares
San Clemente, CA 92672
Our application may also be examined at the CPUC office
located at 1350 Front Street, Room 4006, San Diego, California
92101.
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10595 JAMACHA BOULEVARD, SPRING VALLEY, CALIFORNIA 91977
TELEPHONE: 670-2222, AREA CODE 619
J
November 21, 1991
Mayor Tim Nader
City of Chu1a vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader:
The Board of Directors of the otay Water District discussed
your letter of November 19, 1991 at our last meeting. We
agree that continued coordination between our two organiza-
tions is necessary. We have appointed Director Jay Hilton
and myself to meet with two city council members to discuss
items of mutual interest.
To begin the collaborative process we would like to meet
with your appointed council members on the morning of Decem-
ber 3 at city Hall. After this initial meeting I would ex-
pect we could give our respective staffs direction regarding
those issues we would like them to discuss and present to
us.
We look forward to this being the beginning of an effective
collaborative process benefiting the residents of the otay
Water District and the City of Chula vista.
Please contact. Donna B.3.r.tlett-May. the District Secretary,
to confirm the exact time and location of our meeting.
Very truly yours,
ffi1~~/LlJZ/~~' ~~'-
Nanc~UICahY
pres'ident
/
'\10'1.26,1991
TESTIlilONYTO BE GIVEN BY \'iILLIAU J.C. CLAYCOiilB VUHI;"J
CHULA VISTA CI'TY COUNCIL I\lEETlf~G PUBLIC COtill'i,ji;lJ'J.l P"::EIOD
on ,>10'1. 26, 1991
Once upon a time not long ago, a young Voctor of
Philosophy candidate said to me concerning destruction of
natural habitats in San Diego Bay, "These Ileople (San Dieco
Bay area residents) don't know what they're doing to them-
se!ves." So I'm going to keep trying to tell you, three
minutes at a tlue, if necessary.
~he following is a letter to the editor of the San
Diego 'i'ribune dated June 15, 1991, by Nilli.am L:. Glayco!:Jo,
sc~ic-ecolocist.
De:cr ~ditor:
~~-
c
H
457 Delaware Street
v Imperial Beach, CA 91932
June 15, 1991
\
.,
Letters Editor -
San Diego .tr,...; nl1nc ~
POBox 191 '
San Diego, CA 92112-4106
Dear Editor.
I have had brought to my attention the article about
the proposed Chula Vista Nautical Activity Center in the June
5, 1991, "NEIGHBORS", which was distributed with the San
Diego Union.
The statement by Port Commissioner Dr. Robert Penner
that the $3,200,000 center "would be done with non-tax dollars"
is an example of the fuzzy economic j financial thinking that
results in $14 billion dollar budget gaps for the state of
California.
The $3.2 million IS public money, and, with a change
in the law, with all the rest of the Port District's $60
million plus annual income, could be parceled out to the cities
around the bay. They could then use these so-called "non-tax"
dollars to close their budget deficits, hire more policemen'
and help the county treat the mentally ill.
the
But leaving the law as it is,jChula Vista Nautical
Activity Center proposal would violate it, including as it
does, a Group Community Room for rental for weddings, community
group and club meetings, seminars and other social events.
How such activities would fit under the Port District's mission
to promote "commerce, navigation (on the sea of matrimony),
fisheries and recreation requires too much stretching of the
imagination.
Finally,where will $50,000 worth of non-tax money
be found each year to cover the projected operating loss of
the Nautical Activity Center?
The non-tax dollar excuse for wasting public monies
is a poor one.