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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 -2- 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 trans [U ........ 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 0t (liLL/-/- Katy ~right) Project Manager, Community Development KW:td NOV 8:jj L. el L ... .. .... EASTLAKE DEVELOPMENT COMPANY WRITTEN COMMUNICATIONS l~~~ lL\) ~,,;\ \}.~""~\ 5~-1 900 Lane Avenue Suite 100 Chula Vista, CA 91914 (619) 421-0127 fAX (619) 421-1630 j' ! , t ! I SPt'"JestiJe J-Iospitaltly . 1040 fT.sabefla Oel'-'vices ,.Y12C. Coronado.. C71. t October '" oJ ~. H181 ~\s "....<1"' ,'-" . ~ , f i The Honorablo Mr. Nader Mayor City of Chula Vista 276 Fourth Avenue Chula Vist~. Ca. 91910 ~~ S:1 ?J en (''') ,,'q - ..., - " J"", .....0 (...~) ...... I ',,,'J Dear Mr. Mayor: . 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. . , 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". ~' 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. '4-. ! ;. 1 . ,. l , , 1 Cc- g~",Iq) 127~ruh/- WRITTEN COMMUNICATIONS . 56-1 ~ /1/;;(7/1/ i Y:-. . t J , ~ ~ 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. Ie i ~ I believe that a professionally catering/conference center would same goals;: lHulV1GGd 40-~.O, eou ilccoll1plish a grea L squaro many c.f foot th8 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. {re~'~" C.E. Campic,n President and Managin~ Partner Prestige Hospitality Services. Inc. cee/klc , , , I I- r , , i ", '5'1-z \Y\ 0- , u,. MFD (54) BONITA VILLAG .CEN~ D..S./T'Ch:II/Ad~.PI. CHULA VISTA MUNICIPAL GOLF COURSE MFD (60) ~ DIRT ROADI ~ .-7 EQUESTRIAN - - -:::--:::-- f. TRAIL __ -:::.. - - 1~o 0': \4 . . ..- -- ~6.~') " VACANT LAND PARCEL ~ .... 8.> :::::::. .r-IS'SEWER 0 ~ ~ EASEMENT ~ '" "- N 60031'30'" -.....::.......... 'GO., W -......; -- _ BONI T:A '''0 L' 293 9Z. A'lIISo48( 44 BONITA PLAZA .k~...J~ .......-. " - - , . . . .~.'j""~h~"""",,_"'''''',''',,,-_:'_'''-+..t .4 .,~ "_....'......r_......_.'-',..........,_-...-,....""~.....W,,,.....--.;.;.~.............,..-... '.-.,..~..-,......-.;.'""""'-'....;... ." - .,..............:... ,"'#.. ,~.;."_",,.. :.,.,,._._~.......,\.~~........,...,~.,. '\ CHULA VISTA MUNICIPAL GOLF COURSE .- .......-:: -::;:::...'- ~;...- . .... h .00\ "JIMMY'S at the GREEN" ""-.-." 7 . . BONITA CENTRE ~.., .,.... ..:;,~ . ~ ~ (' '% ~~ tJ) --, ~ ~ BONITA ROAD RFP EXHIBIT . 200 100 0 I ~ 200 I . ......:~,.... ,,-, -:. ''/ .;}, I ~ t'!.. " 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& <('.1. \.) 19 -- _, 1f<Jf,' ~ '\1- ...--- " ..... .' ~\ \..t... \ ~\ \ \ ~\ ~\ 00 '- AZ' \ \ \ \ \ \ PROPOSED R/W O'DELL STREET CLOSURE SCALE: 1 -=60 ' EXIST R/W / Sc? '00 \ \ /PROPOSED STREET '- ./ VACA TI0N / \~I\r-- N eeo'f " 5(, Ow 7s.2+' _ ..,.- I 1. II ~ ~o ~- 629-060-32 ~ a~\l) ~-~ .<:l Q ~ (j) AI 28"30'0;3''6 17.52' ~~, t;;\ CI I " ' . \b IJ:. 85 172? , l.-= ZQ;.71 , R,= 20.{}() /4i.\. 0 I " , B ( ~ t:. w (; 3f, IS , L. :98.71 ) R= 57.00 ~ ""-- ~~) ~. ~/ ".~/ '11.r>:r oi<'Ik '{f\ PREPARED BY ~ ~.-L~ ~ ALGERT ENGINEERING, INC 428 BROADWA Y CHULA VISTA, CA 920J.0 PH 420-7090 JAMES H. ALGERT, RCE J.9073 1S.S (', l') \ I\j \ \ \ , , \ ~ ~ ... " , ..... ,I ~ ' ' I It) ! ~ ..... ).. .... It) ffi ~ 0 \.) ~ -.r' ,,- r 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. ~-~ DEL. MO.NTj ~ AVE- -< . .... MAIN . R.$. 1723 ST. . ~ ;iVh4tt".l4).' . /.IJI'/_ _ ~ - - - - -" -..J> M- - -~ - -~ ""-=,- - - - - - -.~~'tt:.-./- --r; - =--rr- ~ - :N - -""':if - - ,-;,- '\ -1h;t 'IIi ?;. , ~\' ..... 5\\ /;', . ...,9J ~ ~'""!<. ., ,.J..., /70. J:J ..,.... ~ ., I -"I<tIC ' -. '&:.... \.. I'~ I . PMIOe74 4t ", . .., I . @ ~~ \ @ "', ~ ~:~. @) "-ot. @ @ @ 2"41.-, ~~ ~, . ... .-!" ~ 1 ~, ,,~~ '. .~. O.70~ ~~ " ~~ 223AC O~3AC 1 '\ ~~ ~ ~ . J " ~.. ~ ... ~I "" '" \0.', "". - ~ ~~ '\ ;: I ," ~ ~~ ...... ./ " . ~ ~ '=lO, Q) l~ .,,~ '" ~~..... ~ ~ i .. iI' "'"" ".... ) ~Il "M..... \ N6'....J.M~ O. r.;;:;. ~ ~~ NO.'. ...~':..*:{...) ) C". .'1 loJ \!.9 ~ . "., "-S'h>' " .... @ > tf '''.''S (,Of :, I e ~I <( 132AC " I ... PARI "i Q. \I v . ~ ~ I .,./ 4.1431 \ O..,...C ~ I /~~~C ~ I ~ ~~ - ~~. ~ 0 '~':I ll' 1.47AC" ~ PARJ ~ "j ~ '\ " "It.. ~ I " .. ... ,....... ~ : -; Co~o) ~<. ~ ~ @ '~1~: .ll :;~ RltJlIT.()F. II) ,~ .~ ~~ WAY 7tJ BE ~ @ ~I\~ i VACATED..I ~ '-''''.r Q. I ~ ~~ I ...! I...J IloJ ..~c 1 I I, I~ I~ 1 '.',1 ~:",( j '-l3SQ AVE ~ . ~ J 1 ~ .,1 1 ~, C. .j ~.~' C ...v.: . '., ....U./4 @ I. !lAC PAR 2 :- .~~ ,~ . ... \ ...... .~ ~ ~ " ~Is/ S~ ~@ a ~ ~ l ~. Ii . ... @ O.e7AC @ SHT Z ~ EXHIBIT "A" DWN BY: DATE: FILE NO.: I P v . t:J-I-~ 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~ ~ 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 q...1 ~ r' = 200' .$,\ , to3 -~ . -c:: ct. '0 It: I>J .... e( ~ a: Il. CHULA VIST A TRACT 90-15 SITE aJ AVE. ~ C~~ ~s'f. g ANIT ST. I"} -> TR MaN ST. MO T RY ST. ZE TH . EVERGREEN GARDENS 45 UNIT CONDOMINIUM ...J ,;. > .. .. or ,. i ! il ;;j VICINITY MAP NO ICAI..E PRIV A TE ROAD o e( .0 It: W l- e( > Ci Il. THIRD A VENUE o e( o It: W .... e( > It: a... I- (f) <t I- z <t 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. 1 q-s' 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 2 '{ . i,o , <:~. e 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 4..1 -1- . . c:.) t.: 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. q,f -2- '..4 Ut' " // 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. -3- if.., ~ // / ~..~ .It~. t:t 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. '1-/D -4- ...~ '.t' !,,. 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) -5- 'I_II - T .....~ ..t' '!.1' 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 0156a f -13- -6- - / ~.................._...................._......_........_....--..-........-... ...........,..-.,...,......,...,.........,............,............,.........,........................,.........;;;;....;;;;..........,........:. . . {' 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' 1'1 f. ... t" n 0 f' ... R r G Dr it f' ... ... ... ... ... ***** STANDBY LETTER OF CREDIT ***** ,', ,', t', ,', t', ,', 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: ,', n 0 ... **** 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" d * * * * *... ... ... ... ... ... ... ~ ... h I} ~ PAGE 1 OF 3 :. d t., '.' "-I.J ~ ,.. o 0 I..................................................................... ......................11 · ..,.....-.,...,...,...............,............,.......~................H..............,......,...,......,..................................... INT.'.171REV.2189) r- ....:.==:.::.:.::.::.:.:.::.:.::.::.:.:.:.::.:.:.::.::.::.::.:::.=:=:.:.:.:.::.::.::.::.:.=:;.; .,,- -- ... . 0 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. ... ~ ... q ... ~ ... ... ... q ... ~ ... 8 I~ '.= " '.' ''1 I.' C" ~ PAGE 2 OF 3 f. J ... ~ Ir'" !.! q .../1/ ,', ~ ... 1I:.:.:~::.:.:.=.=.==.::.=::.::.::.:.::.::.::.::.::~::.::c.::.::,::,::,:,:~:':':'=::':'::'==::'::'::'==:&'I INT.'..17 (REV. 2/89] -':'=:.::.::.::.::.:':.::.:=.::.::.:.::.:.::.::.:'::.:.::.::.::.::,::=,::,::==.::,:;.; 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. ,.. ... ,', ,'. ,.. ... ,', ,', f. ,', ,.. ,', ,.. ,', r, ,.. ,.. ,', I.. .. r, r, ,', ,', ,.. ,., ,', u '" ,', ,', ,', ... r. C" ...} J ... 1:1 U ... I.' o ... ... ... ... ... ... ... o I.' U ... ',' o I.' o ... ... ... ... ... .... , ..J ... ... ... ... ... ',' I.' ... .... 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. . ~~~- ~ r -.e~ I} .......'.~ _ .............................-....- . , It. ................................................-______ NT.1417 (REV. 2/89) '1-/5 lfr:r~"or~J '.J ,>.' 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~~~~. ~?- '-.i .- 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. @ Ft^ C) "ftA@ 0) FM& f 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. WPC 8338P ~ "",,' : i "". :;.~~'''~~~~. ~~~ ,'~:~<~, : , . ~;::1~, .n ( ~r I:\~ IS) ~-H-V HR'1~\H NB ~ _\ 8 . \\ ct\s \ \ \ \\ \,~, ,\ \ . '1 ~ ;" t\_ \ \ (R-3- G-D' ~t @5 .ORANGEA'VENUE ~.V - RU29 ~c... II" r 22" . ~ B THUNE 'I;A'( ~ ;.: ~ ~::; , e ,. /' .~ '" '" '" <EMH~ ~H~ PROJECT AREA CARVER ST. J II I I ANITA II I o ... > ~ II~ I I ! , , \ "'-- " ! iil II I I " I y. \.~- 400' -===--:---J ( ?CS-90-15 NoRtH :=VERGREEN \ GARDENS LOCATOR CONSTRUCTION OF 45 ) TOWNHOUSE UNITS NORTHEAST CORNER OF 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~~ , f' ilL fJ"'vi .. rl.{{(fS 2"'(. 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,.' d~ Dou,-J L- II-I/ldc/nu S Print or type name of contractorlappllcant l-'~ (NOT!: ~111Ill~ fIII"II-'Y) Dille: j qh/ I I....J J3Y\:l)lIeLO&TX1'] 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 3 1)..'( /".'0 NORTH . . .." /1 .. ~.,,- ~ .~ - ","ER . ~ 64 tmVF' @ IN OtJ(T: iii ~ 91 :z: ...'-. F~ ~~ i p?{" I I I ~ l.' . ( ~ .J"_ _ ___ _~ _____ : ... . . ~-- ..~~ ., ~ . ,4 - .... - .. 1 I~~ 0\ \ ~ I};ti '.1-J ., , ~ ~ -- ( :JI en ..... ~~ ~\...... ,c} , ~ -~ I'J- ~ ". '..' . ~ ~ _ . "'1 ~-~~ ~' O:~ ~ S,q C" 11u.c ';.1 11 E~ ).... 1'-"\ -- t-.1F \ ' SF @ ~E"T c' ~ V~TI~ KOA 0 t\ '\ \ ~ I ~ \ S-H~ I' r u.l W'iY _> I ~~F , rA.f.-. I . \ ~ "" @ ....... r . ; '1 I I .1'4 VA I I I ~ R - I h \- - '-- I-- - - "-- ~ . . '- . I R .~/ ' T '-:-- "J.L~ , . ,- . ".-.-.- , , . ~I-J", ""~o ~. LOCATOR MAAC. \1 NO-S 0 T R b S /J 12-J3~D 8E;I(>ENTIAI. 'FAC71.ITY FOR ~ E COVE.~J,V6I ALCO H 01.. Ie.:; p~-4Z.-"~ I .SO"=l.LOSON .. ~O:3lrO~d O"vI'VYIrI I~ II ~~I~MI,I,\, I!! ~ (j I ~ < ~ > II ~ ' - . q o . > ~ " . .~.. . .1 I , z < J ~ W ~~ ~ ~ U) l /2 - /~ II, ~mh II xl =:~ml!!! i'l ....4:.:01 ~I Ii ,-~ , ~------- . :.....s"?~.L.OSON.: ..1..03ro'll:::llcf o~~__ . I ! --.. - - '. ' . , . .~ I . . :.~ :.. ", -' i ~.'. , . . ~'. \'. I, ".'. ." . . " ' J 'I I:, f., i I, , ! I ..:~ . -. . : ~ ( I > il ~ ' .- i ~ l H, ;..... s f!:!: . '$ < 1 ~'ii' . t- " ~, !: I", , ,', L il Ji c ~ ,I~al~; . n~(', < ~ E .M ~11 ' I c ~ - , ,\.' --'. g ~ .r-- . T.."V(".\' \ l ... . \ ~. ,',. . ' I "-" "fi I , /' -. ------ . ' , , > ",? ~ . - " '/ / J,r~-l '''f F/ , ."':~. ~ f ,- " -_:,.-.'::'.~.~ '~"~.;.~. - ~... '. ' ", .", I "; ;~:, , - ;i';:" i ,~ .. 1,' Ii ., .;. .' ." ,'';;' '.i- n r. 11"" I' ,. IZ' f ..I~ ~ i., I~.: - . , . 'Ill .~ l! .:~ l ~-~-:;.. -.:.. . 11. -/.3 " ! SO~-LC>SON ..... ..LO:af"O~d CtVV.... ~ I'll ......nlllll "Q I o I ~ z S ~ << o o J ~ /2 - /'1 1 I I t ---. ~ I ~ ,~LCO:J.- .~. . ! ....CH. ROOM I . ."' !JIlRARY : I .. j ~ . OFFICE EXISTING. seCOND FLOOR. PLAN :,:.., -~.!I'-1~ r.. ~~A ) . o o D EXISTING MOBILE UNITS -=>;r'_:o-.J'..,tt-J-E~8..!'1ING CENTER. \ MOBILE UNIT SOUTH ELEVATION ~l.r.,.ol __-__-=-:.:-::::_-_~_~_- MOBILE UNIT EAST ELEVATION Y"Il..I'-c1 01 o ~ I- o 01 o Z . I- o ~ ~ o ~ ~ o ~ ~ u .. MON1ONI"'- AAC..nCI1llrl ~ A,^ :[=~-- - - ~ ~ "V'lHI00lElE BO't::l.LOSON .. ..L::::>:arCn:ld 0""''''''''''' ---~.ihl!t II H g :J (j I I!. z 0 ~ ) W J .w I " ~ 0 z , CB CB I Q z i 0 ~ ( ) W J W " 0 W ~ ~ ,'1 ~ i iZ I o II - I ~ ~ .' ) W .J W /~...II.P ;0 A MULTI-PURPOS ~OJECT ICE AGENCY . / o. .. 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 . li~17 ~ 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. - ~-~ ,.,/ '0 "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. .. /2-~~ ~Jft... ~:-: ~~.......~ --- .......-~~ 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 / ~ -.25 ~Vt-- 2~.;.~ ~~~~ - - -- - - -- 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 (SNSooaadl , /2-27 . ~ !::.. j ~: , '. ii . ~ ~ ~' . ~ !' - --- : I '1 ,; ~' i '"'!' I ; -' , . , " !." I. I . I f. ....' ., I' I . j ,f" i i ~ :::. j'" ;'; . . ~. .' ;:; , !' .:~: '-.- tl'~ .:f:~nt;: . July 27,1991 3. P..~i':h~}i)rt: '>94(" l'I':>Ullty S.n.9i'~20 o! fI TO: KENNETH LEE, Planning Dept,City of Chula Vista FROM: S.M.REICHBART ,. RE: 3 North 2nd Aye. Chula Vista '-"..--' -.--- . :)" St. ~ .,. . '.;. - '. .' ... . ~ ~ ..r '.' . :, ;. ".' ", .;-.: " 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 . /:2.-2R J' ...... .': ~ '. -.. .~ . :.- ", .. ~ . .' (. " "..... :~4.:.:.-. ",'," . .j. ,.' .. . '. ..~ ';> ,j.:&t~jf: , , ...~.~......-_~. ~Vt. ::: -"l_ _ ~u~ cnv OF " CHULA VISTA PLANNING OEPARTt,'ENT July 25, un :.1. . , i ,j. " ,', . . ~'.~ . "" . -~- j ;' I ;. ~ -:~. 'i ; 1 ~:j -\~; ;;' f' . i.: i ;~ ;~ ; J . ! , , ::~.:': ~. -~", -: . < . Seyaour aeichbart - '. 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 .~~ I .. .' "~;:! .' ..::i' Ut ..:... >.+-;'1 . :~.? H .~:~ . :;: 'r ::i ,", . .?; >H ! y~~ .1 :'! .... . -~ . , ';" I 1 , 1 ':'.~-: /:, . /,2-29 .' , ".~ 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 c/ , 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. /,2 ~3~ 15- qa- 05 ? LV /fo "'t J5" (/ /.:= I( 7 T CcJ ;V C~/f' fi/-s ;z CJB\j~C--I 7# 7iV1,S ,r/fcJ.J/Sc.. T; h. U./ /2 {Jd IV I /V'tC/..:: I.) ~dl S / N C) c.J /? /V!S-'13CJ~floc)b _ FvTlt/.?/? fflcjJ1~ IT $";<fJ?<;-/C-J" #,S /fl9cl/J-l.~ . Su/2Ly {!J(IfEJe ETlvt'G dRoUjO.J. ;9/Hl1Z SII<--tILI#1?. ;D/pc;I3L..G~ ~a~~ ~ - C~C//)f Vt'sTfI' ' RECEIVED AUG 26 1991 ELANNING /.2 - 37 . . - ~ RECEIVED 0.0 ------ . c. 01 ( e: CI (eo 01 r . 01 /2 ~3~ - . y- .. - .0 f-.. . s.. ~... / t .. 3q - . ...~ .. - ~uu.. .. 7p.&if~ y It - '10 . .. - , 0 ' c.l c-, co Ct c~ ct eCl c.' 01 (. .i 01 (. 411 01 l .1 06 fS'-~c>-q / M. () 1JJUlJh/l I?~ ~vJ..L ~ ComJUn~ =,.0 r.. . :>.. L... ~.. t... tl.. l.a. . >c &ttt4. ~.f{c.1ot:: . U ().,Q 0. ~ q n~ Z tV- B.A.f.lldwOOtl ~, I.J' ~ < "fJ1OlPfdl.Po Jf:1 ~ ~, tS .J;I..J... Z ~ tJ- 3 IV. hdJ (h;~ 'ti.J.da. ZJiJ:Io..,,, a.o Q ~ ~ ~ ~o:I:lm() m~..wlJ..L ~~.v~~ ~~.k~ ~ -4 .fJJ..LU- a ~ ac/'6'& c1 WU!- ~ ~ ()n.. ().) <<J- ~ '.i::haffi; . _W-'__.L~...I. " ~ ~~ J ~e, '"'Yjf.(U, ~ ~& ~Q..~ZI.o/y a.)-- f)~ ~(J... &.it.. ~ (i. ~ ~ ~ehtc/) vi- p..,;, 4-tea. /JWY"- ~a$l- ..Nu.~-~. elM ~ I ffi.tg.L~,,d;C.J ~ Of ~ .:J:fhaJ- .6Wn~ ,pdd,V,"Onr& ~ ~ tJ .~~~~ ~~~~. fJ .__:OJ.... i1_&_...r'-17~ r./~" I to)'lIfT""""oJ ~ ).J. O.,€). 1.2-'11 -y- . - ( c ( c ( c ( c ( ( ( c - 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 .~.o )~ )~.O. t (::>.0 l.- -__.. )." t... tT;>. . )~ ;~... l U).. "0". . y- t:) ,~.. ).).).. C t:: J,. . )..' --).. " 1...., .. ,..~.. r:')"l.. V), i.. :>.->Jf.. 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 ", '( 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 .A~ /A €~ ~ .r;-v..? 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 .. . "( ( 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_ ; ~ , ~ - _III bn.-....... c.al.m ... Ct. .. ,-,.tod ., Lood IIgoocI'I I. ... _ J _ of 1\ .1 ,"t M1\AC 'Projf.&-t .....,... .. ..... ...... ., "IJ~ ..t. I Y () LLklt. t l (0 '-It..... ~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. """_1~ Cr.p,_t_ of .11 ol'Olo .. """0 ___ IN ....t.... . .tt....... .hoots.1 m lImE III I. ~. 11111 tIIo .....1 ....It to: .. IIOstl". _ coodttt_ .. ~ t. ...'..te _t...t....., ~. Dtl..,tt_. d,,,1oe_.. teIlPKtI.. IP J....... _......... .f till 0011' c. ~ to tlllL """ .. ....... Itri_ ..It of f..l...., d. 1110 dootroctt.. _.. .. ..lIfle.u_ .f .., sot.- ...'..'e .. ,..,.., f..l.....' we ft. -10. , / -- / v' __L .. AoQr tocroooo to .... .. ..tor _,_ .f 0011.. .,tIIor. .. off too .tto, f. ~ to ",,'tt. .. _I. of ....h ._.. Of' ell_" to .lItott.. .....tu.. Of' .....,. ",,, Ill' 0Dd"1' tho _, of . rt_ Of' .l.._ Of' till ... of tIIo __ .. .., My. 'o'ot or loto' ,. &,0.... of _'" .. ..-t1' to 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.. ,. .,- ~_ .. f.... -.toI'I, . .. ~ to ......,tt. _. ...,.... "u..... or too r.lI .... _ .f Itrioc. rooofff c. .',"",tt.. to tIIo _ .. n.. of n.... Wlton' IIPCft5tP .11. -- - - - --, - -- -- -- -- ,- .' / ,/ V'" ,,/ c V" ,- V' ./ .l YS-444- . . . ;. .( 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, .....c:. ... ef 1'1'/1 1 t M 1\ A C. 'P.!J2j(_~-t AddIpII .. .... ........ ., ,. J...~~ll I Y lJ hkil.. t 1 &; '-It..... 0~t If 7H-::i232 . I. . Dotl ef CIoodll.t 9, /, '/ / '11 4. _ ., .........1 f\J()I;..~.drrJ6 ,.../1' ill: ~ RP("(">vo~1-f 4',\IVIC I. lottlll ShQ ....... \ Cj - 'I:l - 0 S - -III un"~I'" c:.aI.m .- Ctl to ~'"tod ., lnd ....,) I. .......- r I. I. II. I. AIQo _.. tl wi" .. __ _t. If ..n.. Itther. .. eff tllo .tto, f. ~ to .....ttt. .. _t. ef beKh ....... .. ..... to .ntott.. ...,..'tI... .. ....,. ...,.. 111 "'''' tho _, ef I rt_ .. .tn_ or tllo ..... ef tho _ .. .., ..,. 'o'ot .. loti' ,. r.,..... ef _'I .. ~, to r.:'lI9te ......... .octo It "~.... ....."..... lid."..... ...- f.n.... .. .,.n.. ........., I.' At,.. Im....1t to: .. Matoot,.1 .,,. "'st'''' .. dotor'orott. ef _t_ .t. .,.1IV' foot_I '-" (bpl_tt... ef III ..... ... ...,... ___ on .....,.... . dtodood _to.) I. r.tII. 1111 tho _, milt to: I. ...iobl. oortII ....,tt... .. ~ to ",'..'e _trocton.' II. Dl"""'.... d'."IC101Ot.. ClllpKt t. .. ....... _..... _.. .f aM ..n, c. ~ to t.,. -tA, .. ...... .ort_ nllef f..ton" d. 1Ilo ....trodt.. _.. .. 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" . rtottoa,'l:t...'ottM. ,...,...1 ....n ta: .. -.tt_., IIIbstaottal ..-t..lar _tr 1111 1M IlIdttt_l ~ .. r"oct. .. ..t.U.. ....t.. ,..nttt... II' .... 'II' _ ....t..' " e. ....toottal 1IiIlKt. .... ....U.. t...,.naU. .1It_, .. Alt_t... to ....-t fOl- If .treol.tt.. II' .......t ., ....1. ""'II' ......, - - ~ -M- , .--. IIPCMHP .. AI_t... to _. nn II' at. tn"t., ,. I....... ta t""te ....... to _ ....t.,.s. "ere"st. II' ,..,..trt.., 14. "Ue __. 1111 tilt _, "'" . effect ..... II" "Silt t. . MId fer ... ., altered ......1.. _..tal ...tcu .. .., ., U. 'ol1awt.. 1,.11: a, FI.. ,ntoctt., .. ..11.. ,ntoctt.., .. .....11' .. ..... II' ,..mu.., otIIOI' -'1_1 .. ...tot...... If ,..lIe ,..mu... taclod'.. ......., ,. 0thIr ....,I,. ...4.l.lal ....tCft, u. raov. 1111 tilt _, ....It tal .. Iso ., _toottal _ ., ..., II' -' .. . ....taott.l t....... ta .... .... .x1sU.. MIlIUS II" .......,. ... ........ tilt _'.,.oat ., _ .-., -V' II. ......,... 1111 tilt _, .at tilt t.t,'. lhnIMltl/StoId.... ..1I.t.., -II- - - v - ,-. , 'I' J.-- ...-- ~ v v' ./ ..L {(JM{f~) c ..--- v . \1 '\ 1 \ 1 \ I ( I I I I J I , !U~~i:j"'!i -! 'JI'-- 1lIer':-;- lH = ~._iii . i - li-: l..r: Jltr-..- l:li-~!i ijE'!~!1 1- ...I .'5. : I .. ltJ~ J a=~' 'ij' -ill !f ~I~:~ . !1!1~;i I ~ li~ii!l i!"'.~ . Ji'~i~;: I~!".~I! I...) s:; i I-~' f " . · Sf- i'j.!l' i l!=ix~ Ii II.'" lie' , 1:-.. .1 U= i Ij hhl!j:: t~i=- f - ! 1 -~~ . - ... Ir..:: ... ! ! l=i~~!=~IJli !iil~K~I! !!~";~I-! ..-!. i 1"'&' _K~. =- j~d ) --lr"I" .t ).=1 iifi jr-It,ll! I .:1:. 5i Eli ,. ~. _ __ .v"." .. .; ... ;: Ii I; "~ t \.1 "I -I "'I ''..1 \.1 :1 "I .. U' i '=,.b .~ ..-,:! j;i -...- J! 1 -. .... - --- "! -U 11 .. "I~ ":1 .. !t~ -. -~ - I:: .!I= ii )1 liJli .- fl: -'" .=i~ .. .. I ~~ ... 1:'5 n ". 1;".'; Iii:! I.. ~"i 1'31 lii #=1'" ri U . n~i ..d -!,.. f#.... E .. ~ .. i II,. . : I'", -d ..IE . - t=.. .. n.!: Iii .. Ih (U la , - ,Ji 'I .... ~!J I....! ,..' . ~"iEI .1 Iii Ii ., ". .IE I-r ....ii ~ ;j~l !=~ !Ii 'i!!~ !-.. -..- ii~ ... :!i .... - j" ::i.p I Jdi --I 11 J~s.!! - r i ...1 .'& -= ii r ..- J~~ l:i dU . .. i .. .. .; ... .: .. .. 2 I - - - ( ~ . 12, b1 - -' ( 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 '/... W~ , ( /2 ~,~ wpr .us.!llI -28- ( 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 , ( 1/l,,1,9 VPC 9459P -29- . ._ ._~ _ .. _ .._ ~__n._"." ( COMMENT LETTERS \ ( /2 - (,14 . . ~ , ( ftaDc:IaiNe 01 Jlam".rtlUlKb of America. lac. ~ 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 ( 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, , ( /2 - 12 ( 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 , ( /2. "'1~ ! ',)- ()',;\ c:) 7d- cu/lor--t ~t./E;( 7T C'c) rJC~IP/V.s ( .,Z OI3\J~c- r Td' i?l1.5 ,rJfoJlSc.l; U-/ ~ j) CI /'v I /Z/ t<.? /.: /.) 11'71 S I /7J 0 cJ I? (Z/I-St/3onll('!cJb ~ F<./77t;:.=,t:( fflC/~r; //- $";<tl-:u/t- #S /fl9cl/J- (., Suf?LY 01'11 En ET/V/c dRov~..!> /TI?-llk ..s/IYl/L-I#1( r/PC/.3LP~../ ~a~~ /..3? fl:N'-'O/ /?'-'k. c>~ v/I/ V 1'5 7 Jf' . 7<;2.0 . -3 P.3 5> i: RECEIVED AUG 26 199! PLANNING , ( /J.- 7~ ( . ( / I ~ , ~., RECEIVED AUG 26 1991 __.U ...--PJ-ANNING a, j~ /99/ q-_.~ >m EL:6 ........ . _.- ..... . _.._~ .:_-../ ... ..--. ~-' ~~ .uK t/&1..-C--' '.' . ~~~Lza ~~. ~ ~L.d fl-e- cv ~~~~--i ~~~~ .~.a- ~~ ~~~~~b ~ cd3~-. . ~.tb-c.. II~ ~ k~ cd- ~ ):/k;d. ;I.u-n-t ~. q:;e;, . ~ffi ~ -bn6 V~. ~~/~ft~ ../l7U--n 7~ ~a:L ftl / . . /.4 "-4)(.-<-/ a ~ ~r~'~' /2 - 7~ , . . " / / , , ./. , ./ ( " 12' 71p / ( " . - ------ -- iz;/ . . --- ~.. . ~ ~/C J~ c~_ /6{~ .. ~-;n-v/~ ~ ~ ~ aa~~~. Md! ~~~~.. ~~ ~-d'~d?W /~~~~~ ' YAd~ . ,&~ ~~ ~-J'_ ~~j;&, ~44~ ". -.-- . ( .' ~-- I ~ - 11 / I , , ( ( ( ( /' " -' 8'--'0-91 fYJ'l. () ~(a./) If~ ~)(.~..)-<jl-(wrn u;..ftf.., ~ &.x.fJoIilnatM./ ~ B.<<.-\. ff:l/>. ~ U~ : ,:. \ (U; a ~eA...I-- q 17 a-r~~ aJ- f3.A1.1>.J:tuoo</ ~Yv../l, \Il "an.y.... ~6'e.?12 j;() ~ J-<<X rJ .J:;b.., Sja-cL "Lt. "H~) U' 3 (IV Jnd; ao G Ciu..J." U(CICl...." tlL:J (j /l.c-Zde,;L64L r;.l;o.Uiltf ,~.u-(.. O)a:ivl7.c. rncn... t-u-U.^, " I II. . " ~ . p'2~. ''') .b.UIA".e-- ..I:.kr.!.. (}..f.r"'J'nt.,U..Ji<t...-1.( 1 ..cv-(u.J.d', h(' ..6ttitJG ~ .L6 ",0.u:-6... (( ~/{LCu.u~ uX-H.. ..L()..{.(Ltuf:- v~ WL a)--UI_" ~ xhew-- ~ ..Iw.Ji..d-u-J{aL '-JU-~J)Jwcd.,1 I: e. I ,;(eeL{ f.('L. r'2e.(...'c..t.c,(.t.D7I;}>. ~ a.cZCfll" oJ- &'1c4j' /11(.6)"-. . cte.qtJt;"l~c..<--1 (~ '- i1.lJ./~,'- ~ P'L/(j.1r! E/'hv? vL ~? a.~a. 0u:"n- 8-cvza~ ~a..k - ~ . c.cu. ~f.// I -but g1 o.AJ..(.;; I .J:..c; CtC!.I..ad.J.(j' .". 4,J..Ll,(;.LI :f=Jha)- .6'1.,vn~ d... Ii ... i_ JI . I " I I ..od.- ::tic!)'"';'" '.0/':;xlJ..l:i...f.; .UJ.,,:x.u.....U;i.("'t..(.() .<J .I,-U -N..J;rl.6,<;: ho<.::tL J...~.0 u~~ ># 1_' /_ ...v'vC</...u;WV MJ., ruJ...U>..v...I- ~ t..t>-,:rw.1C.I,) . ./.f~.. '-0 I1J/'l.CLA tI.JJJ...Ie.~ P./~..r, 6)1n).c;.joojJ~. )..1.0.,4. /2- 7~ . . ( ( . ( ( ,.' .' f 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 , , r iW"t 1 ~-i '" . 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 /Z..<JD '. 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..~( " ~ . 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 , ( 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 -3- It.- ~ UNO-......L'l>~/') ~ "'."'li":r:;y'. 'f ~\ r. > r;:-~,;", f:'1' - '.~. ',l_,.r.~, ~,~ L~}:,; :,'~ - _ 3:;l . .' '~'rlj "",t ~."_""" hi~~j'J ,. . ""'. 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& -2- 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~ -4- 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 -5- 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 -6- 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.. ~ -7- 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 -8- 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 . ~ -9- 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.- RE C[ l\/EO ~::;l ';,l,i,: !\I (~\ V f':" rn h (,':" I.' 'I t (:j> 9 :1 .91 NOV 26 p !jj 7 !~!~)l)!'!ei]lh~i'lb~~ f'pv'i,d M~l i'l,i!n C ti i": h! ,i, 'i. ii,~ l,) 1 ;::i t.' .N,I ::?"76 F' C) ,.- 'I::. h PI v ~:~': n U E:: C h \ i, 1 1m I,': ::1 It; t. ,I?, C: (':1 ~~_~ 1 ~;~ :j. n CITY cln !: D~D~' t:oIJnc:ilm~mb8r ~I~l,colmft h tl~@ r~DF':~~~~F\t~ti,v~~ t}~ th~ Abundant l,.,i~e COIJnselirlg ~~:~ 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. ~::) :i. ~'-: c:: ~~I !,,, (~':: ], y :' C3" (.~" E'5Clld(~'~ln AdmLni;",t:I,,,,,:\tClI'" (\LCC::" Tne:" . 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 ~ ";0-.__ _._ S4CQt.MEN-;-C OFFer:: -"",..,-::::::'0 '" ):;.::;:::- ~',~ - ~-. ~-.:. -::: :.:.c>-.:,- '"">:'..... }c:-lii \"',' --c-=- =:~":=; ':",1.':',. -" '~':'8'.j QIalifornia ~ate ~enate -"_'.l':" ___,':A",""', - ~_ _, _ 'L "':::. 0:'--.': ~',::' - ~, ~- .c:-c:oo;',V" ~ c>', ~ :'::'.'\j,,,,"~:::::: =,~-;::;=~ >:F ,:::r:: ~::>::;.sL.':'- ',::: :0,,- "'=:"'F' ~ ~o:_c:c- ,.~'.'. .'" --;cO: -,,: STATE SENATOR WADlE P. DEDDEH ;O~'.:. =-'i.:. =;.", .'. "Y~ '..:...--~' ~ .. '. ,~_ :::0 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 _. ",,- SJ CN-Y E~D "SJ~~v~S i:.~ Nc. 61'3-557-4025 ~ ,- . c..; '- ~ 8 ,91 : j : :- 1 (; J . '.:' ~ 1 ~ ,;-::' .'-'- 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 ~l!?- :~-~ ~~- - ~= =-~ 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 'i...... . . .: . . .~.o' October 24, 1991 ~ ~~\ ~ ,. ,,\ ,. \ .',\ i0" \'Y. v' /\./ /~\;" '\l- 'V 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, ./ / /'__ ( "'/ " ,61' 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 ~ii6 . 0 - ~. . d- ~/I- ;; - 'I! .- . Cd ~;..t;.jJ ;/-;/- A ~7 ./' 1'7' (...1"1 / ~4 ?f otv<~ 1I,j;~'. ./ffO p~ cell - Z · dlVJ~ ~ .--;. -;;-- ~~ ~ d ~,,~ <V> d~ f1 Z ~';'-S~ ~ W~ ~ :z; f ~ 7! ~I--u~" ~. . > "? ~ 0 ~ zr:v ;t;!i; 0 &~ ~~ ~ c rI/(P/:_L.~ ~ ru4 ~ . ~-rV:U J'=ULd ,r<J"-<~ ~~ 'fF~' )1 .~ , ~ \ \ ~ Rr=(_rt:.-\\i:-[) 11"T '1 I ,,-, ,_ oJ . '--- '- \ .... .)( T.t)b~t- -=:tl i 99 1 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 \ \(~ , ,"-<~' '-',--1 -- , , , . ( , , L 1\ \ ! 1\ ," f " -- , , " 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 _I.L~It::-:::1~_ IWI'~~\' R d!l:L ~ ,\\ ' ,,'.. ~ T=:I/ ~ ~ ;..(;~ ~~~~ .\\~;~ , <\] YTIr : : IT T '\ '~;-= t-.:: __ _ :::.:: ~ -:.:i. - ::--r . _ '\::: ;'::4::' .=;:1 .\ -1.:: .~ ~ ~. 0"172' ""~: ~I[;r~~ ~ ']"; 1110011. 11111 \ %-; ,">> "- "1 l~ 1~cC- f/ ~ ,~~:;.~ ~: ," ~'H~rl7( Jlt+---- 16?~ h/ - ; /0; ~ 1 :\t-\ ---1 J' lavV7--_ ~,x- -, t/~ I \' ~,r ~ 'v;"T ' , I I \\ \ ........ I 'y~..- J '.:-', '" ... :___~: : ~ I "'~ =1 \, 'I~~ ~/.! :~-I' "III II!I .3".'::j! r',--'7-- I 11!"\ Ii' ~.- ":" / ~. :( i I. '11 'III i . I ::.::.::::' I k \:' ~__ f'::~) l! _....~- \ ~]___. ,I;, ~_., :'_ ,.,n..___' ,1,,.,,,. ~.. '-' , : . : ..., . " :::.:. ,---.. ." --. ~"'iT ,....U. :::....:. ,... ---1['::_ .:= ~J- ~.\ ~,: : I: HF .:::,..::. ::::.:c.L:.:. :'.:: ~j:f-: 1':1,:;: ~ ~ \ -- ~ "j -,- _ . ,J....~... -\ ,'\ l C:::j i ru ~= :::r:: . ..T'~.\-W ,J/::!!I l . . \ ~ " Et=::~ .,.-,~,:;::;r.::rtr- Ic!:U I --, ~ t=:: x' 1.--j~r.C:--lp 'OS~.A" f- " '\ j n.r: H '0 ~"' 30. + ...rD.".;: \ j.em D it" -.2 -..:.~.: Lilli ~. ~ ~ :.:~I\\ rnT H ~ ~ ' [ J..i, .G. '. " /;:: , f-- ;~,I~.~,!Y .~AIt!'/ . .. ,. ." ~- . - r- t- I ---- ~ I' ~~r I~) I ;...1A'r:~ .,.",; .. .. '.=" .. ."':::' , ,-.....'>'-,."'_. .. -- I- I rT .---~, . . - -~ . __. 1\ <- . . J T""I [ ~ )ljATtOHA _ C~TY "" , , .J I' ~ I~ I 0 _._._-_L!.,;.: ! ;~. , CITY' ~:-.::. ....... .~ --.' '- I--- ,,,--1 < o ...-,...- . . " r i ITm ""14 ~ . ( ~Me:."-lPOhID H~HtA~ ) NORTH [f'U--1'l--P?- ) LOC.ATOR '. 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 ('C7{(n~ ,I L 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 WPC 9B61P/2654P .. .. J _ . 10 -It:. 'I -::3e~ -z::, ~-r- ~- /-B-/f" 7/ ~ '--rr~ /0 - I~' 7'( ;P<~,?- r- . I, , ' l., I ~ () (: el( --_.....-;---:-.--:~..- '---~' ." .. 0--, ~.c.::.~. - " -.' ' ~.. .....- ('0(: ,u.c~ C I ( c".. :'.' :,': o , ~ . . c:' ' .ca..:;\"" _ "-,....:;....... ,~--,-. MAAC Project Attn: Maritza M. Garcia , National City, CA 92150 .( , ',. (., '-..:.~ f MAAC Project Attn: Warren G. Stewart '. .,. .. ~; s_ ~".J ; # .' ,~ .} ~ (' ,), ", ,,- - t. . . ~ . '-. ~ ' - - "- - Chula Vista, CA 91910 - --_.,--~~.._-~.__........ MAAC Project Attn: Maritza M. Garcia Chula Vista, CA 91910 I I I ,-- ..~ ," '~:: ~ ;:" - - C I. a_ C I: O~ C I: ca~ 0.. " "..1;. ",' . . .- .- " -....... ..- . .' ... { . .~ - . . IJ. ';> .', .- ' . i _ "-' . ",..: ~' ..~ ~- '- .-.-' '-' '-' ....-"".~ ::. -:; ;':; '- ,,, " ." ,\, ""'" #, .~..... - -- ::-::.....;..:.' f\O -, " i'" .J .)) ,I .00 )C) C J J'.J J.J ..'.00 , - ~' _ --' -.J J j .---' J -.-J .', { t ( . { { 0\: ( t ( . ( ( 0(: ( t ( , . ( ( o t:' ( t C~f-L. . ( t I . ( ( o ( ( I r . ( ( o { ( I :': .. ( ( . 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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-~ / S7A76. .5","~ J;?OVTB I~ j:~~. ~ /;j " / " " 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 Of -I -I C\'l ^I" l- v ~~ ,,\\0 ~~ DIXIELlNE -4' I ~ ~ "<(I HAZARD 72' ~' C ~ 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. /~ , # La, {; J~~~<;" -;9."J.:{}. ~ -, W tl'-') , J..- - '39'1/) f~rr:.) C4 :y .!!/ ~"-' ~/I!f." ~I La, B I tV, .~ c? ,'b~~:' + /~ /' La, 6 UNE O/RECllON O/STANCE Tf N 72'00'00' II' SO 00' 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 ~ m N 71'5J'J~ E ~oo Tf2 N 7n9'oJ' E 8000 \ TfJ N 71'49'oJ E ~o.oo Tf~ N 71'49'oJ' E ~OOO .. aJRlf: RAO/I/S LENem 0El. TA .' C1 SOOO SS.1o. 6JV8'o~' ~C2 So. 00' ~2.17 4879ru ...CJ 100.00 14.01' 08'0,.03- " I "C~ 100.00 JJ.06 18'56'J8 ; -C5 61.00 8~5O' 79'22'20.' ..co- soo.oo 60J2 06'5~'42' . C7 61.00 2092 19'J8'50. "CD 61.00 6J.S9' S9'4J'Jo.' ..C9 25.00 J~6J 79'22'2IJ Cfo. 46~00 S5.97 06'54'42 ,'Cff 25.00 J1.27 71'J9'41 Cf2 25.00 J.J6' 0.7'42'J9' .CfJ SO 00 1U2 12'44:J2 Cf~ 7000 ff5.JS 9nS'04 m ~oo J.n M~V . C16 SJ5.00 J1.5O o.J'22'OJ C17 20.00 12.8J J6Wi'08 "~ProjoctDesign Consu/tan1s' DOUGLAS C. PAUL R.C.E. 22606 EXP. 12/31/93 DATE ~ ~ t ~Jf!.?8J T.P.as. LOT "C"~ z: u:-, -O-'~K ' j:: N~ '" l) ~j ~ lli "l:, ~ La, 7 ~ ~ , IN ~ !!l a: ~ '" 5::5", tU 1Il a ~ ~((5 l- '" '" [D !>; a: ~ ~. . w ~I::i ~ <>: S:Sf-lll>~ . ::::) ~O~ II t- Gl d "l:...J ~ ~<:I~ 0 z: l!l...J :;> '" '-'. " ~l:l"" ~SIi ",,:;1 , -!<> J6'!JIr 1l. o ll. <>: a: ~ o ll. t I I- I.J.. I.J.. T111 ~J6' 'Q lj I .~ I , ! LaT 8 , 'lI'e ,~ 015 'S' P.O.~~ ~015 fP. . La, 10 aF MAP 8755 , ~/ 'ZZ/ j p'\l C17 STREET ~ c CENlFJ? or f/~ SECllQV 1S or RANCHO. IJt LA NAClQV PO? R.OS 6~J, AIAI' 8755 ANO CAL TRANS R. 0 /f AIAI' Na 4950 ':z n o <>: :z <>: ...J La, 12 t ~ III o T.P.as. LOT "If" , ~ l!lill ~~ ~ 'I ~"' !'tIP< ",\'<:- T9 ~ - - -'0- T -'0- T7 . 0 1!1:J: ~g "<>: a: 'f.. ~ , .~ ~ ~ ~ ~ <>; ~ '"" ' La, 11 \ .,.. \0 .,.. :z o j:: o III '" DETAIL NO SCAlE '8" Q: ~:.-- q...>. t:1>>~;<", La, 10 ~ I- a: <>: :::) Gl t '-' :g ~K"" l!l2J "';;; " ~ .\ ~ 0' :z T.P.as. LOT "C , ~ ' 6'13_-- tl-~1F1J ~ -,'-' ~ , ~~ 0 I ~ 1l. <a .l; <a 0 5::5~ ~ ~.... ~ "" "" i ~ DETAIL ll. ll. ' <>: ~ /:4 II NO SCAlE _ ~ LaT 9 ~ \ ~ -'&/Ia- J.f) . 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 llll'l . ,0> ;, ;. '..: ,',,'," , "t,/~1' ,f';llJ ~ '. ,~'ftr'f' - :~~.~..c- . _. . i~(:t~~~id~:~,~~,',:< ';<ii. >_~:~_; , . .-- llt~ I~ 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). r-- .. P. I ~r.u"'llS 'I i! ^! 'VI'ii. a....,_~'"'-.-~ 11 _II 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 . . . America's #1 selling bin. 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 'ji:::I'-.2E,-' '~i -'" ~=' ;'~IC:: ::.:;: Cl T CiF _~~::,11-LH : I: '::;-:'1 TEL t~I]: FH>< 61'~ 6'31 5171 tt399 pce - --- --- --- - I x 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~ ~ -i-( -<-~ :::J ~ rrl <: ) N rq r.,; ....,. . 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. _p:e"'ls"''''I:j~~ ~ ;$ IJJ. ' G\ fzl .. t< '3)': ~' !/fl::i D,6'1: ... ,:D(!dienf(Jd 10 (~(Jnln1UI'lit(j ,(j(:'~l'i('(J 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.