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HomeMy WebLinkAbout2019-02-12; City Council; ; Appeal of the Building Official's decision to expire Building Permit CB00-3222 for the Join Hands Youth Facility project located at 3275 Roosevelt Street@ CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: CA Review Subject: February 12, 2019 Mayor and City Council Scott Chadwick, City Manager Mike Peterson, Building Official mike.peterson@carlsbadca.gov or 760-602-2721 Appeal of the Building Official's decision to expire Building Permit CB00- 3222 for the Join Hands Youth Facility project located at 3275 Roosevelt Street Recommended Action Approve a resolution denying Frank Sorin o's appeal of the Building Official's decision to expire building permit number CB00-3222 for the Join Hands Youth Facility project at 3275 Roosevelt Street, upholding the building permit expiration. Executive Summary On May 1, 2018, the Building Official notified Mr. Frank Sarina by mail that the City of Carlsbad would be expiring the building permit for the Join Hands Youth Facility on August 20, 2018 due to lack of progress to complete the construction of the facility as originally approved on August 31, 2001. Mr. Sorino was provided numerous extensions of the building permit in order to allow for the completion of the construction of the proposed Join Hands Youth Facility, but has been unable to complete the project. Little to no progress has been made to complete the construction of the facility since 2015. Carlsbad Municipal Code 18.04.030 states in pertinent part: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 calendar days from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 180 calendar days, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within 180 calendar days of the date of issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of the work by building official within each 180-day period upon the initial commencement of the work authorized by such permit. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days each. The extensions shall be granted in writing with justifiable cause demonstrated by the applicant. Feb. 12, 2019 Item #3 Page 1 of 28 Due to the lack of construction progress on the Join Hands Youth Facility and Mr. Sorino's inability to provide any type of agreed upon schedule to complete the facility construction, the Building Official expired the building permit as of August 20, 2018. In addition, the Building Official expired the permit due to concerns that the 2001 building permit does not comply with current safety standards such as fire sprinkler systems. Over the past seventeen years the Building Code has been updated multiple times to address new construction requirements covering health and safety issues; to continue construction, a new building permit that meets the current building code will be required. Mr. Sorino was notified in writing of the Building Official's decision on May 1, 2018. After the notification the Building Official spoke with an architect representing Mr. Sorino in June, met with Mr. Sorino and his contractor on site on July 19th and again with Mr. Sorino at city offices on August 17th. At these meetings, options, schedules, refunds and other uses for the facility were discussed with Mr. Sorino. None of these meetings resolved the outstanding issues and building permit concerns. Expiration of the building permit will now require Mr. Sorino to develop and submit new tenant improvement plans, pay new fees, and obtain a new building permit that complies with all current California Codes. Mr. Sorino subsequently filed a timely appeal on September 7, 2018. The appeal is provided as Exhibit 2. The City Council is the body that hears and considers all appeals of the Building Official's decisions. Therefore, Mr. Sorin o's appeal is submitted to the City Council for consideration at this time. It is staff's recommendation that the City Council deny the appeal and uphold the Building Official's decision to expire the building permit for the Join Hands Youth Facility, originally issued on August 31, 2001 Discussion The project (Join Hands Youth Facility) was submitted for building plan check August 31, 2000 and was plan checked against the 1997 Uniform Building Code. A permit was issued August 31, 2001. On February 2, 2002 Mr. Sorino received a no fee extension until August 2002 and then twice paid half the permit fee ($828.50) to get additional extensions. In 2015, staff worked with Mr. Sorino to make the building weather tight and not appear to be an on-going construction site. Focus of these efforts was to complete the exterior construction of the building, with the intent to have the interior improvements completed in a timely manner following this effort. At that time, Mr. Sorino was notified in writing that staff would be evaluating his progress, and that passing an inspection every 180 days would no longer automatically extend the building permit. Substantial progress would need to continue to be made to complete the facility or risk expiration of the building permit. Since this project was originally plan checked the city has adopted five new editions of the California Building Codes and adopted the California Green Building Standards Code. There have been significant code changes over the past 17 years that include, but are not limited to: •The building would now be required to have a fire sprinkler system. •Structural provisions have become more restrictive. •The California Green Building Standards Code is now applicable, this impacts water usage. Feb. 12, 2019 Item #3 Page 2 of 28 •Title 24 energy requirements have become more stringent, this may impact insulation, lighting and equipment efficiencies. •Title 24 disabled access requirements have become more restrictive. •Plumbing, mechanical and electrical codes have changed over the years. As a result, the building plans are no longer in compliance with significant building requirements. Under California law Mr. Sarina had a vested right to construct the building under the standards as they existed in 2001 as long as the permit remained valid. Now that the permit has expired, he will be required to reapply for a permit and comply with current standards. A new permit for some minor electrical and site work could be issued which will allow staff to final building shell, but the tenant improvements will require a new set of plans and a new building permit in order to proceed with construction. The building may not be occupied or used for any purpose at this time. The Building Official's decision to expire the building permit for the Join Hands Youth Facility after 17 years of efforts to complete construction of the facility is being appealed by the Executive Director for Join Hands, Frank Sorino. Information on the applicable appeal procedures of the Building Official's decision on the subject building permit is provided below for the City Council's consideration. Appeal procedures The city has adopted the 2016 edition of the California Building Code {CBC) (Carlsbad Municipal Code Section 18.04.010). This appeal is being heard by City Council as the board of appeals under Section 1.8.8.1 and 113.lof the CBC. Pursuant to Ordinance No. NS-171, the City Council hears building code related appeals. The scope of this appeal hearing is limited to the decision of the Building Official on May 1, 2018 to not renew Mr. Sarina's building permit upon its expiration on August 20, 2018 due to the lack of progress on construction of the building (external and internal). Mr. Sorino has raised several issues in his appeal as discussed below, however not all are germane to the Building Official's decision on the building permit. All of his issues are summarized below for information purposes only. Response to issues raised on appeal Mr. Sorino raised multiple issues on the appeal that are paraphrased below. Some of the issues raised below have no bearing on the decision to expire the building permit for the facility and are not relative to the City Council's decision on whether or not to deny or approve the appeal on the building permit. The staff recommendation is to deny the appeal and require a new building permit for tenant improvements to comply with the current building code. Staff has provided responses to the issues raised by Mr. Sarina for information purposes only. 1.Mr. Sorino asserts that city staff has been trying to change the conditions and rules regarding this building permit based on reasons that were never part of a historical agreement between the appellant and the City of Carlsbad. This decision will cause Join Hands Save A Life (JHSAL) great financial burdens. Feb. 12, 2019 Item #3 Page 3 of 28 Staff response: Staff is not aware of any type of written agreement between Mr. Sorino and the City of Carlsbad that supports the assertion. Mr. Sorino has not provided any documents which support his assertion. It is correct that new code requirements will add additional costs to this project. 2.Mr. Sorino states that staff cancelled two building inspection requests while appellant had an active legal permit. The appellant states that he waited over two hours for an inspection; he was told the inspector would be there between 11 a.m. -1 p.m. on Wednesday August 15th and the inspector never showed up. Staff response: Staff did cancel two scheduled inspections for this project. On August 15th, staff contacted Mr. Sorino at approximately 11:45 a.m. to apologize for the confusion and to inform him that he would not be getting his requested inspection on that day. On August 16th, staff contacted Mr. Sorino to inform him he would not be getting his requested inspection on August 17th due to the fact that the pipes to be inspected would potentially be exposed and subject to damage for an unknown period of time. This is due to the fact that August 17th was the day before his permit was going to expire. Given the uncertainty of work progressing in a timely manner, staff would need to retest the pipes before they could be covered and any further work could commence. 3.Mr. Sorino asserts that staff made false statements that have harmed Join Hands Save A Life and did not answer questions and provide requested information as promised. Staff response: Staff is not aware of making any false statements or causing damage to Join Hands Save A Life. Staff believes that all questions have been answered and any and all information requested regarding this project has been provided. 4.Mr. Sorino asserts that staff has tried to impose schedules upon him while ignoring available times and schedules of Union Apprentice Classes. These demands drove away numerous volunteer groups and caused chaos with union members. While doing their best to please staff the appellant never conceded to any new rules that staff was trying to impose on him. The demand for a schedule caused volunteers to quit because volunteers needed to take care of their paying clients and needed the flexibility to do that. Scheduling was never a part of our original permit and staff did not try to impose this until the appellant was over a decade into the building process. Staff response: Project schedules are not part of the typical building process. Staff requested a project construction schedule ten years into the project to help with completion of this project and to assist staff in reaching a decision as to whether or not to extend building permits. Residents in the neighborhood often complained about the unfinished building and staff was working with the applicant to move the project forward to completion. The applicant chose to use volunteers to complete construction. The alternative would have been to raise the necessary funds to hire a competent contractor to complete the work in a timely manner. Feb. 12, 2019 Item #3 Page 4 of 28 5.Mr. Sorino asserts that it has been historically against city policy to expire active building permits based on code adoptions and code changes while the permit is still active. Their permit history proves that as do many other permitted projects. Staff response: Staff strives to ensure that all permitted projects go as smoothly as possible and are completed in a timely manner. Because of this, staff has granted extensions and allowed other commercial projects to go as long as 5 years on a building permit as long as there was significant construction progress. There is no other commercial construction project that city staff is aware of that has been permitted to have building permit extensions for seventeen years with no known completion date, stalled construction activity and in the state of the Join Hands Youth Facility after those seventeen years. 6.Mr. Sorino asserts that he has complied with their agreement with the City of Carlsbad of having to pass an inspection every 180 days. Staff response: Staff is unaware of any written agreement with Mr. Sorino that building permits would be automatically extended by the Building Official if a building inspection occurred for any reason on the property. Because staff had often heard this assertion from Mr. Sorino, he was notified in writing on August 20, 2015 that passing an inspection every 180 days is not the determining factor for a decision to extend the building permit and that any prior "agreement" was officially terminated; this policy had not been in effect for many years, but the appellant often made this assertion as justification for an extension and staff believed it needed to address the matter. For the past 10 years or so, the building department has sent written notices to the appellant, the architect or other representatives indicating that the building permit was due to expire. On each of these occasions, the Building Official reviewed the project's progress as of that date and granted an extension of the building permits as appropriate, regardless of whether Mr. Sorino formally requested that extension (which is technically required). This process had been used and is continuing to be used to grant building permit extensions for this construction project; the city did not change position or process but simply acknowledged progress through the years. The building permit was recently extended past June 30, 2015 as a result of the substantial work that had been completed as of that date to complete construction of the exterior shell for the facility. If this work had not been completed, the building permit would have expired with no further extensions possible. The letter dated August 20, 2015 also informed Mr. Sorino that staff would be evaluating his progress as it relates to any future building permit extensions. 7.Mr. Sorino asserts that they have received conflicting information from staff over the years so they had no way of knowing if the actions outlined in the letter dated May 1, 2018 were in fact going to happen. Staff response: After Mr. Sorino received the letter, staff spoke with an architect in June, met July 19th on-site with Mr. Sorino who had a contractor with him and met August 17th with Mr. Sorino at the Faraday Administrative Offices. At these meetings, options, schedules, refunds and other uses for the facility were discussed. At these meetings, staff was clear that the city's Feb. 12, 2019 Item #3 Page 5 of 28 goal was to get this project completed; but, without any agreement or change in the pace of the construction, this building permit would be expired. Mr. Serino can apply for a new building permit, which will require a new set of building plans. Fiscal Analysis As a result of this action $7,992.00 in Traffic Impact Fees and $3,075.63 in sewer related fees will be refunded back to Mr. Serino. These refund amounts are the difference in these fees between a shell building and a gym. Next Steps Staff will work with Mr. Serino to issue a permit to complete the shell building and final that permit with no occupancy allowed. After the permit has been signed off a refund will be processed for a portion of the traffic impact and sewer fees and sent to Mr. Serino. Environmental Evaluation (CEQA) This code enforcement action is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15321 of the CEQA Guidelines. Public Notification The city notified Mr. Serino of the time and place of the hearing on his appeal by certified mail dated January 2, 2019. This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council Resolution. 2.Appeal of August 20, 2018 Building Permit expiration, submitted by Mr. Frank Serino. 3.Letters from Building Official to Frank Serino (August 21, 2015, May 1, 2018)4. Correspondence received following publication of January 29, 2019 City Council Agenda 5. February 5, 2019 - Written request for continuance from Frank Sorino and Salvador Velazquez Feb. 12, 2019 Item #3 Page 6 of 28 RESOLUTION NO. 2019-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF THE BUILDING OFFICIALS DECISION TO EXPIRE BUILDING PERMIT CB00-3222 FOR THE JOIN HANDS YOUTH FACILITY LOCATED AT 3275 ROOSEVELT STREET. EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California is acting as the board of appeals under the 1997 Uniform Housing Code (UHC} pursuant to Section 203 of the UHC and Sections 113 and 1.8.8.1 of the 2016 California Building Code; and WHEREAS, the city's Building Official provided written notice to Frank Sorino dated May 1, 2018 informing him that building permit CB00-3222 issued August 31, 2001 for the project located at 3275 Roosevelt Street would be expired on August 20, 2018; and WHEREAS, Frank Sorino filed a timely appeal of the building permit expiration by the Building Official, dated August 20, 2018; and WHEREAS, the City Council, as the board of appeals, held an appeal hearing on January 29, 2019, in which it heard testimony and considered evidence in this matter; and WHEREAS, the appellant did not demonstrate that this building permit CB00-3222 should not be expired. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the appeal of Frank Sorino of the Building Official's decision to expire building permit CB00-3222 for the Join Hands Youth Facility project located at 3275 Roosevelt Street is denied. 3. That the building permit CB00-3222 for the project located at 3275 Roosevelt Street is hereby expired. "NOTICE TO APPELLANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time Feb. 12, 2019 Item #3 Page 7 of 28 EXHIBIT 1 within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA, 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of February 2019, by the following vote, to wit: AYES: NOES: ABSENT: Blackburn, Bhat-Patel, Schumacher, Hamilton None Hall J~Jht-fdd PRIYA BHAT-PATEL, Mayor Pro Tern ENGLESON, ' ,. \ \ •I . , •' ~ ... S64 ,,, , r "-............. C' ::''<, .· ~"~'i'••·-''·, , co,~t -...... : -··"' • ~ ""I: 0 -::_~\ ~· , ~/~ ~~ ·.,, v ·. . -·~ ,· -:...,,.. ~·• ........... ··~ '/1, * ., ' 1111 II q\\' Feb. 12, 2019 Item #3 Page 8 of 28 CARLSBAD HHS '18 SEP ? City of· Car.l·sba·d M•) I• td¥W•S 11 O=W+Hi◄i414 IM APPEAL FORM I (We) appeal the decision of the rev,/}£ VC!r/l')o Jo,11 i/arnds· -Y.1.e 4-· L t'r:e,To the Carlsbad City Council. Date of Decision you are appealing: __ &>:;;__·-_2_o_�_.2_o_· _/-=J}'-------------- Subject of Appeal: RECEIVED BE SPECIFIC Examples: if the action is a City Engineer's Decisio , please say so. If a pr 1ecthas multiple elements, (such as a General Plan Amendment, Neg tive Q�9Ja q!i��,8�peci ic Plan, etc.) please list them all. If you only want to appeal a part of he wlfole. dior't', pleas state that here. ,�a (?-_�e.-al-+�c/.,mB/J +� c�i�yc���:RLSBAD Reason(s} for Appeal: •Please Note• Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? P/�_c,se. ,s.ee q,.-1--+ct cl, 1>1 en•+ s SIGNATURE £n::i.n le--.:::o� ·1. " c NAME (please print) 9-� �, 2-o I.£ DATE PHONE NO. 3S 30 me::tdi .$0/). S'·-1-r�e-f­ADDRESS: Street Name & Number Cq<l.s bnJ c� 120�9 City, State, Zip Code 1200 Carlsbad Village Drive.o Carlsbad, California 92008-1989 • (760) 434-2808 EXHIBIT 2 Feb. 12, 2019 Item #3 Page 9 of 28 Giving Kids A Fighting Chance Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavea/ife@yahoo.com Subiect of Appeal page 1: We appeal the decision of Mike Peterson City of Carlsbad Building Division to expire our building permit on August 20, 2018. We appeal contents of the May 1, 2018 letter sent to Frank Sorino. Join Hands Save A Life from Mike Peterson. We appeal the reasons why Mike Peterson expired our building permit. We appeal the decision of Mike Peterson of cancelling our building inspections of Wednesday August 15, 2018 and Friday August 17, 2018. We appeal the decision of Debbie Fountain Community & Economic Director in trying to change the conditions of our permit. We appeal the decision of Mike Peterson, former Building Official Will Foss and any other staff member of the City of Carlsbad who tried to change the conditions of our building permit. We appeal the discriminatory practices imposed on Join Hands Save A Life by the City of Carlsbad and/or any of their staff member(s) or agent(s). We appeal any and all false information that was created by any City of Carlsbad staff member or agent. We appeal the decision of Debbie Fountain, Will Foss and any other city staff member to change our planned volunteer work days that caused us to lose volunteers and create chaos in our implementation of various aspects of our construction. We appeal any and all city staff threats, demands and/or comments to any volunteer that caused some volunteers to leave the project. Feb. 12, 2019 Item #3 Page 10 of 28 Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavea/ife@yahoo.com Subiect of Appeal page 2: We appeal any and all of the city staff member's threats, demands and/or comments that have or may have caused Join Hands Save A Life to lose any Grant funding and any donations or contributions. We appeal any discrimination the City of Carlsbad, Any city staff member(s), agent(s) or leader(s) has imposed on Join Hands Save A Life because of our majority of Hispanic Board members and the majority of the Hispanic youth we serve or have served over the years. We appeal any and all decisions make by the City of Carlsbad, any staff member, former staff member, agent and any leadership that has harmed Join Hands Save A Life in any way. We appeal any and all attempts of the City of Carlsbad and/of any staff member(s) or agent to sabotage our efforts in building our teen center/gym. We appeal any document or notification that was not sent to us. We appeal any rule changes and conditions any City of Carlsbad staff or agent tried to impose on us that were not a part of the rules and conditions Join Hands Save A Life relied upon as security to protect our vast investment into the building. We appeal the fact that we were never given any formal notification so that we could correct any reason why the City of Carlsbad, any city staff member or agent would expire our building permit. Feb. 12, 2019 Item #3 Page 11 of 28 JOIN HANDS SAVE A LIFE Giving Kids A Fighting Chance Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavealife@yahoo.com Reason(s) for Appeal page 1; City staff specifically Debbie Fountain, Mike Peterson, former staff Will Foss and possibly other staff members have been trying to change the conditions and rules regarding our building permit. Mike Peterson with a cc to Debbie Fountain expired our build permit based on reasons that were never a part of our historical agreement with the city of Carlsbad. That decision will cause Join Hands Save A Life (JHSAL) great financial burdens. Mike Peterson cancelled 2 building inspection requests while we had an active legal permit. I waited over two hours for an inspector whom I was told was going to come between 11am and 1pm Wednesday August 15, 2018, he never showed up. Some City staff members have a history of making false statements that have done great harm to Join Hands Save A Life in multiple ways. It is against local laws to do so. City staff did not answer questions, did not give us the materials and information they promised to give. Debbie Fountain and Will Foss tried to impose their schedules upon us ignoring the available times and schedules of Union Apprentice classes that needed to be scheduled in advance. Their demands scared away volunteers, such as church groups, plumbers and landscapers. Their actions caused chaos with the Union members. While we were doing our best to please staff we never conceded to the new rules they were trying to impose on us. City staff demands caused the loss of volunteers, funding and slowed our progress. The schedules demanded by Mike Peterson, Debbie Fountain and Will Foss that I shared with volunteers caused some of them to quit. They could not be tied done to a set timeline because they had to prioritize their paying customers and they had to have the flexibility to seek other potential job offers. Scheduling was never a part of our original permit Feb. 12, 2019 Item #3 Page 12 of 28 Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID # 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavealife@yahoo.com Reason(s) for Appeal page 2: agreement with the city. Staff did not try to impose that new rule upon us until over a decade after we were already well into the building process. It has been historically against city policy to expire active building permits based on code adoptions and code changes while permits were still active. Our permit history proves that so do many other permitted projects. City staff never sent us documents the city policy requires regarding building permits. Varying definitions of progress that differed between the different staff members made it impossible to determine what progress meant according to various staff members. City staff members gave false statements in prior city council meetings that resulted in the loss of over a half Million Dollars to Join Hands Save A Life causing us divesting harm and the loss of other funding as funders followed the cities lead. One or more of those city staff members has been still trying over the years to develop different ways to derail our progress, expire our permit and to harm us. JHSAL has complied with our agreement with the city of Carlsbad of having to pass a building inspection every 180 days. We will submit letters, emails, videos, phone messages, court documents, declarations that prove city staff members have given false statements that have severely damaged JHSAL. City staff members have changed their minds and made so many false statements in their letters and emails to JHSAL that we have no way of knowing whether they are telling the truth or not. We therefore had no way of knowing whether Mike Peterson's letter dated 5-1-2-18 was true or another one of staff's letter's in which they did not do what they said they were going to do. Feb. 12, 2019 Item #3 Page 13 of 28 Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavealife@yahoo.com Reason(s) for Appeal page 3: Debbie Fountain is doing the same thing now to expire our permit as she did years ago to have approximately $600,000.00 in grant funds taken away from us, falsehoods, rule changes and deception. Our building permit was approved in 2001. After our law suit with the City of Carlsbad ended in 2006 we came to an agreement with the City of Carlsbad regarding our building permit. We have been diligently pursuing completion of the project. We were relying on volunteers to do the work. We have been in regular contact with the city, including getting city inspections as work is completed, the most recent inspection was signed-off by the city earlier this year, the work is approximately 90% complete so our rights to complete the project are "vested" and therefore not subject to any new or revised regulations and we were not given adequate notice. This decision is causing us harm, including but not limited to financial burden which is uniquely and significantly prejudicial to our 501c3 non-profit charitable corporation. For all of these reasons and any other bases which support our appeal, we ask you to grant the appeal of the city's decision to deem the permit expired. My 2 page letter dated 8-19-2018 will be attached as additional reasons for appeal. Feb. 12, 2019 Item #3 Page 14 of 28 JOIN HANDS SAVE I LIFE Giving Kids A Fighting Chance 8-19-2018 Mike Peterson Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavea/ife@yahoo.com City of Carlsbad Building Division 1635 Faraday Avenue Carlsbad, CA 92008 Debbie Fountain, Community & Economic Development Director Mike, I disagree with the reasons you listed in your May 1, 2018 letter as to why the City of Carlsbad will be expiring our building permit. Please provide me with all of the forms and information regarding an appeal? In your May 1, 2018 letter you wrote that you planned to expire our building permit on August 20, 2018. The plumber who had been coming all the way from San Bernardino called Carlsbad City Staff regarding the reason for not inspecting all of the hard work he voluntarily did regarding our plumbing. He was told on Friday August 17, 2018 that our building permit was expired. We called for an inspection for Wednesday August 15, 2018 while we had a legal active permit. You stopped the inspector from doing the inspection as I waited over 2 ½ hours. When exactly did our permit expire? You listed as a, b and c in your letter as reasons as to why you were expiring our building permit. A.Regarding a schedule with an agreed upon project completion date. While we were happy to provide city staff our schedules when we had committed schedulesmostly from Union volunteers as they must be scheduled in advance due to theirapprentice training classes. A schedule was not required in our agreement with the city as proven by the many years that none were provided. As we told city staffmultiple times other volunteers have to prioritize their paying customers and may becalled out because of emergencies or big job offers. Feb. 12, 2019 Item #3 Page 15 of 28 Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavealife@yahoo.com B.Concerning August 21, 2015 Carlsbad city tried again to change the conditions ofour permit as proven by the years in which we were not required to submit to theoften changing demands of various city staff personal which all had differentdefinitions of progress. In 2018 we completed more progress on the building thanmost of the prior years we had an active building permit. For you to differ with other city staff who declared less progress as progress creates an impossible situation forus to determine what progress is. As we made far less progress in other years inwhich other city staff members said we made adequate progress. But the fact remains that progress was determined progress when we had a building inspectionevery 180 days as proven by our inspection card. C.You plan to expire our building permit because of code changes that may have occurred 17 years ago. Why we were we not notified years ago about the potentialdamage to our building permit when the code changes took place? It seems to me that some city staff member or members has been trying to invent different reasons to expire our building permit by trying to change the conditions in which we relied upon to develop our Teen center/ gym for Carlsbad youth. We invested well over a Million Dollars if you consider all of the variables. We did so based on the rules set forth after our law suit with the city regarding our permit. Some city staff member or members keep trying to change those rules. I don't know if you have been briefed or how much you know about our history with the city. But some city staff members gave false statements to the city council to deceive them into taking away Hundreds of Thousands of Dollars in CDBG funds we had signed agreements for. Some city staff members tried to destroy us then and some or one seems to be still trying to still damage us. That being said the vast majority of Carlsbad city staff members that I have encountered have been very nice and helpful. If you have any concerns or questions, please call or write me. Sincerely, Frank Sorino President/CEO CC: JHSAL Board of Directors Feb. 12, 2019 Item #3 Page 16 of 28 August 28,-2018 Frank Sarina Join Hands Saye-a-Life 3528 Madison Street Carisbad, CA. 92008 RE: Carlsbad _Building Permit-CB00-3222; 3275 Madison Stre1=t; APN 204-081-16-00 Appeal notification and processing Frank:· Cicyof Carlsbad This is to acknowledge your d_esire to appeal the decision of the Building Official made on August 20th fegarding the above referenced building permit. Under sections 1.8.9 and 113 of the Building Code. the city council is the appeals board for decisions or determinations made by the Building Official. Under Carlspad Municipal Code Section 1.20.310 you have ten calendar days from when the decision was made to request an appeal. The decision to �xpire your permit became final on August 20, 2018. You requested information on appeals on August 19. The city will consider the request to be timely, however the actompanying appeal form, supporting documentation and the payment of the appeal fee of $850 must be submitted to the City Clerk's Office by 5:00 Friday September 7th. Upon receipt of these materials the city manager will then place the item on a future council agenda for a city council determination. You will be timely notified of the date, time and place of the meeting. Frank Sorino City of Carlsbad Building Division Join Hands Save-a-Life CC: Debbie Fountain, Community & Economic-Development Director Community & Economic Development Building Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-2700 I 760-602-8560 f I www.carlsbadca.gov EXHIBIT 3 Feb. 12, 2019 Item #3 Page 17 of 28 647931 'tUSTOMER'S ORDER NO. DEPART�.rJ c::_ IDATEq /, /(& " NAME W2K\ V-Gf)(WvO l, I ADDRES½t;,--0 1/\�_df &)/\ 6\-.:ITY,STe�\ s�, CC\-q �SOLD BY -CASH C.O.D. I CHARGE I ON. ACCT. I MDSE. RETD. I PAID OUT ) r QUANTITY 1 \ 2 l 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 DESCRIPTION PRICE ()V>CY -� \ z_.q \CV\id�� \ �.t\'Z-- � (aVl<:k& fu'-\al@.�-1, ,;+- ' f\ p., de/>-�222 � \) :2,�7c:, M�A��t� s\vto1---- ,.........,_ /I --. . -fmo.AY\ l I '-RECEIVEQ&V j � -q/, Ii to A-5605 T-46320/46350 KEEP THIS SLIP FOR REFERENCE AMOUNT ,��5Dil»-hlo1� ,i li �(o.:?9- 01-11 Feb. 12, 2019 Item #3 Page 18 of 28 August 21, 2015 Frank Sorino Join Hands Save-a-Life 3528 Madison Street Carlsbad,Ca.92008 (cicyof Carlsbad Re: Code Compliance Case: Join Hands Youth Facility; 3275 Roosevelt Street; APN 204-081-16 Dear Frank: Thank you for your correspondence of August 14, 2015 regarding the efforts made to date to complete construction of the Join Hands facility. Although we understand that you do not wish for us to set schedules for you and threaten expiration of your building permit, the reality is that is the situation within which we find ourselves for many reasons. As the Code Compliance Officer and the Building Official, we are required to ensure that this project completes its construction in a more expedited manner; the municipal code requires us to evaluate progress in order to extend building permits beyond 3 years following issuance. We do agree that there has been substantial progress, and that progress must continue at an accelerated rate towards completion in order to retain the current building permit. As we have discussed previously with you, the unwritten policy that "as long as there is an inspection at your construction site every 6 months the building permit will be extended" is no longer in effect; and, it is important to note this policy has not been in effect for many years. For the past 10 years or so, the building department has sent written notices to you, your architect or other representatives indicating that the building permit was due to expire. On each of these occasions, the Building Official reviewed your progress as of that date and then granted an extension of the building permits as appropriate regardless of whether or not you formally requested this extension. Th is is the process we have been and are continuing to use to grant building permit extensions for your construction project; we have not changed our position or process but have simply acknowledged progress through the years. The building permit was recently extended past June 30, 2015 as a result of the substantial work that had been completed as of that date. If this work had not been completed, the building permit would have expired with no'further extensions possible. In order to determine if you have continued to make adequate progress to allow for an additional extension of the building permit, you were asked to list the activities that have taken place to complete construction of the exterior of the building and install other exterior site improvements and to describe your new critical path forward to complete construction. Within your correspondence, you indicated that you have completed the following work since June 30, 2015: ,.. Purchased additional materials, tools, and bought food, snacks and drinks for volunteers; o Rented required equipment to complete detail work; o Cleaned up the site and scaffolding a couple of times and removed construction debris; •Installed drywall; Community & Economic Development Department Housi11g and Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 ! 760-434-2810 t Feb. 12, 2019 Item #3 Page 19 of 28 Mr. Frank Sorino August 21, 2015 Page 2 " Installed security camera wires and completed detail work at the top of the building; o Installed roUup doors, exterior doors, and door frames; welded framing and door frames; o Processed changes to door types with Planning Department;" Completed plastering work and color coat; o Cleaned, caulked and covered previously installed windows;o Continued meetings with various specialists, contractors, donors, volunteers and other assistants to complete construction as soon as possible. While we understand and appreciate the difficulties of scheduling volunteers and gathering donations, the progress made on construction of the facility is the only measure we will be considering in a decision to extend or expire the building permit. The manner in which you choose to have the construction work completed or to acquire materials is not pertinent to the decision on the building permit. Most of the above noted tasks are part of the normal construction activity or part of project management and do not represent completed construction tasks. We do, however, consider completion of the highlighted tasks as demonstrating adequate construction progress and significant enough to warrant an additional short extension of the building permit. On the issue of revisions to your landscape plan, Will Foss had indicated in his recent email to you that the city would be willing to process a change to the landscape plan if you and your landscaper provided an alternative design which included drought tolerant plants. You are encouraged to work with your landscape design team to develop an alternative design and submit to Austin Silva, your project planner, at your earliest convenience. It was our hope that you would have provided more specific dates to set forth a critical path for completion offacility construction. However, since you indicated you are unable to give us specific dates, we will approve an e}(tension of the building permit for the Join Hands Youth Facility to October 1, 2015. At that time we will again evaluate your construction progress and make a decision as to whether or not an additional extension of the building permit will be granted. Please continue to progress in an expeditious manner to complete the exterior building and site work and remove the scaffolding as quickly as you can. ain Housing and Neighborhood Services Director CC: Comrnw1ity & Economic Development Director Code Compliance Case File Dennis Holz, Join Hands Legal Advisor Building Manager/Official Feb. 12, 2019 Item #3 Page 20 of 28 May 1, 2018 Frank Sorino Join Hands Save-a-Life 3528 Madison Street Carlsbad,CA.92008 RE: Carlsbad Building Permit -CB00-3222; 3275 Madison Street; APN 204-081-16-00 Frank: ('Cityof Carlsbad On August 31, 2000, you submitted building plans to construct a recreation facility at the above referenced property. During the next year you worked with staff to obtain the required approvals and on August 31, 2001, the City of Carlsbad issued the building permit to construct your facility. During the past 17 years numerous staff have worked with you to complete your project so it could be used as you have envisioned, unfortunately we have not been successful and your building is still not available for use, at this time. The purpose of this letter is to inform you that the City of Carlsbad will be expiring your building permit on August 20, 2018 for the following reasons: a.You have been unable to provide a schedule with an agreed upon project completion date. b.On, August 21, 2015 you were given notice that the City of Carlsbad would be evaluating your progress to determine any future extensions, there has been minimal progress since then. c.The building when completed, will not be code compliant due to the several code adoptions with numerous code changes that have occurred over the past 17 years. If you wish to discuss thi otice of permit expiration further and would like to discuss your options, your earliest convenience. Thank you for your immediate attention to this matter. City of Carlsbad Building Division CC: Debbie Fountain, Community & Economic Development Director Community & Economic Development Building Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 760-602-2700 j 760-602-8560 f I www.carlsbadca.gov Feb. 12, 2019 Item #3 Page 21 of 28 Exhibit 4 Feb. 12, 2019 Item #3 Page 22 of 28 Feb. 12, 2019 Item #3 Page 23 of 28 Feb. 12, 2019 Item #3 Page 24 of 28 Feb. 12, 2019 Item #3 Page 25 of 28 Exhibit 5 Feb. 12, 2019 Item #3 Page 26 of 28 Feb. 12, 2019 Item #3 Page 27 of 28 Feb. 12, 2019 Item #3 Page 28 of 28 Andrea Dykes From: Sent: To: Subject: simon angel <srangel69@outlook.com> Friday, February 8, 2019 10:07 AM All Receive -Agenda Item # 3 For the Information of the: Clry-COUNCIL I ,@M h@.z. 14l!i ✓ Date 2-hg CM ✓ COO / Council Internet Email; Diana Diana; michael ajdour; Michele Montenez; T.j. Childs Appeal CB00-322, Mr. Frank Sorino With regard to the subject above, the appeal of a decision to terminate the building permit, the Barrio Carlsbad Community Advocates support the City's position not to ext end the Building Permit at 3275 Roosevelt Street. It is important to point out that this project was started in 2001 and it is still far from completion in 2019. Any benefit to the community this project may have provided in its inception has long since been lost. It is debatable whether a boxing gym would be the best use for this building in light of the teen gym provided at the Harding Center. Mr. Sorino may re-apply at any future time for a new building permit and maybe another use may be more appropriate. Should the City Council decide to uphold Mr. Sorino's appeal we strongly encourage clea r conditions be set forth to insu re completion of this project in a timely manner. Thank you for your consideration in this matter. 1 To the members of the: CIT.Y COU~IL / A(;MLCA ~J:C_j(_ Date~ cQ cooj/_ Feb. 12, 2019 Council Memorandum To: Honorable Mayor embers of the City Council From: Gary T. Barberio, Pf5!~~H-'l,l/ Manager Via: Scott Chadwick, Ci Re: Responses to Questions from Feb. 12 City Council Briefings {city of Carlsbad Special Agenda Item No.'s 1-3 -Beach Preservation Committee, Planning Commission, and Traffic Safety Commission Appointments Question: Should an applicant being considered for appointment to a Commission or Committee be disqualified from consideration based on the fact that he/she has a relationship with certain organizations in the city? Answer: No. Th e city is not aware of any specific information related to any individual applicant and organization that would create a conflict of interest such that the applicant could not fulfill the mandates of serving on a Commission or Committee. Therefore, no current applicant should be generally disqualified from consideration by the City Council. That is not to say that, if appointed to a Commission or Committee, an applicant could have a conflict of interest on specific items and/or issues that may come before the Commission or Committee. If that were to occur, the selected applicant must recu se themselves from participating in those items. To help ensure that no conflict of interest issue arises, all members of Commissions and Committees receive ethics training, are subject to the Ca lifornia Political Reform Act and must file a Statement of Economic Interests annually. Because the city and the City Council may not have all relevant information to judge an applicant's potential conflict s of interest, at the meeting, City Council Members are free to ask any applicant whether or not he/she is aware of any information that would pose a conflict of interest if he/she w ere selected to serve on a Commission or Committee. ' City Manager's Office City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Honorable Mayor Hall and Members of the City Council Feb. 12,2019 Page 2 Regular Agenda Item No.1-Request for Proposals to Sell the Property Located at 3701 Catalina Drive Question: Can the State density bonus law or SB 35 be applied to this site? Answer: No. State density bonus law requires a housing development of at least five dwelling units to be eligible for a density bonus. SB 35 is a permit streamlining law for projects of two or more residential dwelling units that dedicate at least 50 percent of the units for low-income households. Based on the size of the property and the General Plan and Zoning designations, the property could only be developed with one single family dwelling. Therefore, this site would not be eligible for either program. Regular Agenda Item No. 2 -Amend Title 8 of the CMC by Repealing and Replacing Chapter 8.32 to Create a Sidewalk and Food Truck Vending Equipment Permit Program Question: Can our Ordinance apply to the lower seawall since it is State owned? Answer: Yes. With the building of the lower sea wall, the city assumed the maintenance and operations responsibilities for the lower seawall area. The Parks & Recreation and Public Works Departments perform routine maintenance of th~ surface via the parks services contract and the street sweeping contract. The Public Works Department is also developing permits, and plans & specs for a project which will refurbish the upper walkway and the switchback stairs, and provide patching to the lower seawall walkway. The city also has authority to regulate allowed uses on both the upper and lower seawall walkways. Specifically to the lower seawall area, the Carlsbad Municipal Code regulates this area as follows: 11.32.070 Carlsbad seawall-Pedestrians only. The Carlsbad seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall ride skateboard, in line skates, roller skates, toy vehicle, coaster, or similar form of transportation on the Carlsbad seawall sidewalk. Law enforcement personnel shall be exempt from the provision of this section when in the performance of their duties. (Ord. CS-139 § 3, 2011; Ord. NS-152 § 1, 1991; Ord. 3222 § 2, 1987) Honorable Mayor Hall and Members of the City Council Feb. 12,2019 Page 3 Regular Agenda Item No. 3 -Appeal of Building Permit CB00-3222 Expiration, 3275 Roosevelt Street Question: Can staff ple_ase provide a copy of the original building permit CB00-3222, and any other discretionary review approval documents? Answer: Please see attached documents. Attachments: 1) Commercial Industrial Permit, Permit No. CB003222 2) Agenda Bill No. 306, dated 03/02/99, with HRC Resolution Nos. 305, 306, 307 cc: Celia Brewer, City Attorney Elaine Lukey, Chief Operations Officer vDIZ8 City of Carlsb~d 1635 Faraday Av Carlsbad, CA 92008 08-31-2001 Commercial/Industrial Permit Permit No: CB003222 Building Inspection Request Line (760) 602-2725 Job Address: Permit Type: Parcel No: Valuation: Occupancy Group: Project Title: 3275 ROOSEVELT ST CBAD COMMIND Sub Type: Lot#: $395,200.00 Construction Type: Reference #: JOIN HANDS SAVE A LIFE RECREATION FACILITY 6,175 SF COMM 0 NEW Status: Applied: Entered By: Plan Approved: Issued: Inspect Area: ISSUED 08/31/2000 JM 08/31/2001 08/31/2001 Applicant: Owner: KEN PURDY 2017 PINTORESCO CT CARLSBAD CA 92008 760 632-5352 Total Fees: $23,636.37 Building Permit Add'I Building Permit Fee Plan Check Add'I Plan Check Fee Plan Check Discount Strong Motion Fee Park Fee LFMFee Bridge Fee BTD#2 Fee BTD #3 Fee Renewal Fee Add'I Renewal Fee Other Building Fee Pot. Water Con. Fee Meter Size Add'I Pot. Water Con. Fee Reel. Water Con. Fee Inspector: 8917 08/31/01 0002 01 CGP Total Payments To Date: $640.30 Balance Due: $22,996.07 $1,657.08 $0.00 $1,077.10 $0.00 $0.00 $82.99 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Meter Size Add'I Reel.. Water Con. Fee Meter Fee SDCWA Fee CFO Payoff Fee PFF PFF (CFD Fund) License Tax License Tax (CFD Fund) Traffic Impact Fee Traffic Impact (CFO Fund) PLUMBING TOTAL ELECTRICAL TOTAL MECHANICAL TOTAL Master Drainage Fee Sewer Fee Redev Parking Fee Additional Fees TOT AL PERMIT FEES FINAL APPROVAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,752.28 $4,386.72 $210.00 $210.00 $60.00 $1,405.20 $9,795.00 $0.00 $0.00 $23,636.37 Date: _____ _ Clearance: _____ _ NOTICE: Please take NOTICE that approval of your project includes the "Imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to as "fees/exactions.• You have 90 days from the date this permit was issued to protest imposition of these lees/exactions. H you protest them, you must follow the protest procedures set forth In Government Code Section 66020(a), and file the protest and any other required Information with the City Manager for processing in accordance with Cartsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capactiy changes, nor planning, zoning, grading or other similar application processing or service fees iri connection with this project NOR DOES IT APPLY to any fees/exactions of which vou have oreviouslv been aiven e NOTICE similar lo this or as to which the statute of limitations has oreviouslv otherwise exoired. 02 22996-07 .. z 0 H E-t ~ ~ H fJl i 0 CJ CD HOUSING AND REDEVELOPMENT COMMISSION -AGENDA BILL AB# 30~ MTG . .:J/p./9CJ DEPT. CA TITLE: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY CASE NO.: RP 97-03 RECOMMENDED ACTION: J DEPT.HD. CITYATTY. c:@. CITYMGR~ If the Housing and Redevelopment Commission concurs, its action is to adopt Resolution No. 3 0 ? , amending Resolution Nos. 305 and 306 approving a major redevelopment permit (RP 97-03}, for the Join Hands Save-A-Life Youth Facility. ITEM EXPLANATION: On April 7, 1998 and May 12, 1998, the Housing and Redevelopment Commission reviewed and considered an application for a major redevelopment permit requested for a youth facility by Join Hands Save-A-Life, a non-profit organization. The Commission remanded the project as proposed for redesign, reduction in the size and bulk of the building, and to reduce the number of requested variances. At its meeting of February 2, 1999, the Commission reviewed and approved the applicant's revised proposal, subject to a number of conditions to ensure its design quality, compatibility with the neighborhood, and its primary use shall be for regular and routine activities designed for low income youths and teens. The amended resolution is attached for your review and approval. It includes the following conditions added by the Commission at the hearing: • The facility is limited to one (1) floor of 6,175 square feet. Additional space or second floor requires a separate permit and a parking demand analysis. • The facility is to be used primarily for regular and routine activities designed for low income youth and teens. • The front portion of the facility is to be redesigned to increase its articulation and visual appearance. • The facility is not approved for any type of residential use. • Ad_ults who work in the facility must satisfactorily complete a background check. The Commission also made it clear that when the applicant applies for or is granted CDBG funding or any other public financial assistance by the City of Carlsbad or the Redevelopment Agency, applicant should be aware that as a condition to receiving such funding, conditions and covenants will be placed against those funds ensuring that they will be used only for the purpose granted and that the funds shall be secured by a deed of trust, lien or other appropriate mechanism that runs with the land as a condition to such grant FISCAL IMPACT: In past years, the City has approved this proposed facility for public facility {acquisition and construction) funding through the federal Community Development Block Grant (CDBG) Program. To date, the City has approved the Join Hands organization for $82,000 in CDBG funds for property acquisition for a new youth facility. The site of the proposed project was purchased by Join Hands with the noted CDBG funds. In addition, the City Council has approved $217,000 to date in CDBG funds for construction of a new youth facility. I Agenda Bill # -30 Co Page2 No expenditure of funds from the City of Carlsbad General Fund or the Carlsbad Redevelopment Agency is authorized by approval of the subject permit. While the project itself will have very little financial impact on the City or the Redevelopment Agency due to the non'" profit status of the applicant (Join Hands), the project may serve as a catalyst for other private improvements in the area, either through new development or rehabilitation of existing buildings. The proposed project does provide for development on a currently vacant, blighted site and will provide for a social/recreational facility for youths in the neighborhood. ENVIRONMENTAL REVIEW: The Planning Department has conducted an environmental review of the original project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration was issued for the subject project by the Planning Director on Sept~mber 19, 1997 and made available for public review. No comments were received on the environmental document. The Design Review Board recommended approval of the Negative Declaration for this project through adoption of Design Review Board Resolution No. 259. The redesign of the project reduced the scope of the project and no new environmental impacts have been identified. Therefore, no additional environmental analysis is required. The attached Housing and Redevelopment Commission Resolution approves the original Negative Declaration. EXHIBITS: Housing and Redevelopment Resolution No. 3D? Housing and Redevelopment Resolution No. 305 Housing and Redevelopment Resolution No. 306 0 iwl ...,;;: ~ ~ !s Q ..J O W §I ~ l5 ~ ~ m E: z a: > a: o 0 o~ ~ ' :i ~ 0 iii~ u a:iE~-Oo~ ~8~ ~~~ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. _30_7 _ A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 97-03) INCLUDING VARIANCES FOR THE JOIN HANDS YOUTH FACILITY PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET, BETWEEN PINE AND WALNUT, IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. APPLICANT: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY APN: 204-081-08, 09, 10 . CASE NO: RP 97-03 WHEREAS, on November 24, 1997, the Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 97-03) for construction of a new youth facility on property located on the west side of Roosevelt Street, between Pine and Walnut; and WHEREAS, said hearing was continued for further consideration to January 26,1998;and WHEREAS, the hearing of January 26, 1998 was continued for further consideration to February 23, 1998, and the Design Review Board adopted Design Review Board Resolution No. 260, recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 97-03) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on April 7, 1998 and May 12, 1998 held duly noticed public hearings to consider the recommendations and heard all persons· interested in or opposed to Major Redevelopment Permit RP 97-03; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on February 2, 1999 held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to Major ~ g ID W a, Cl)> .... -' ~ m ~08 ~ u. ~ ~ 0~$ . j!: -~ io~~ • ~::i £ii~ cl a:Za: -a:< 0 go ia <~~ j!:-~ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Redevelopment Permit RP 97-03 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued by the Planning Director on September 19, 1997 and recommended for approval by Design Review Board Resolution No. 259 on January 26, 1998 and February 23, 1998, NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the foregoing recitals are true and correct. 2. Based on the evidence presented at the public hearings, the Housing and Redevelopment Commission approves a Major Redevelopment Permit for the Join Hands Save-A-Life Youth Facility, RP 97-03, including variances for the rear · setback, which exceeds the maximum range and for off-site loading and unloading for persons using the facility, based on the following findings and subject to the following conditions: A. Housing and Redevelopment Commission Resolution No. 305 approving the major redevelopment permit RP 97-03 for this project is amended to read: 1. The developer shall be alJowed to construct the building with interior improvements to provide for only one floor under this permit. This restriction shall allow for a maximum of 6, 175 square feet of building space. The developer shall be required to submit a separate application for an amendment to this permit at a later date if it d~sires to expand the interior space to include a second floor. 2 IL ~ a, mw:§l ~>~ ir d, ~c8 ~ w Bl u. C, 0 ~ :$ . ~ -ti lC -> 0 i O ~ u. ~ ~ ~ ~ ~ ~ . Oo; ~8 ~ ~ ~ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The developer shall not be aJlowed to expand without a further assessment of the parking needs for the project and the applicable parking standard nor without prior approval from this Commission. 2. The facility shall be primarily used for regular and routine activities designed for low income youths and teens only as set forth in the permit application. The facility ~hall not be leased for any non-organization, adult-oriented activities at any time. 3. The front portion of the building shall be redesigned and recessed, as applicable, to increase its articulation and enhance its visual appearance on Roosevelt Street to the satisfaction of the Housing and Redevelopment Director. 4. This facility is not approved for any type of residential use and no person shall be allowed to live in the building nor shall any residential eating or sleeping facilities be included. 5. All adult persons whether employed or volunteers, who administer or assist in the administration or operation of the facilities for teens, shall be subject to a background check and approval by the Chief of Police prior to commencing any such activities. 6. When the applicant applies for or is granted CDBG funding or any other public financial assistance by the City of Carlsbad or the Redevelopment Agency, applicant should be aware that as a condition to receiving such funding, conditions and covenants will be placed against those funds ensuring that they will be used only for the purpose granted and that the funds shall be secured by a deed of 3 f,> ,-, ..,, ~ g: al w ... ~:?: ... !i ~ 8 ~Ow~ u. CJ 0 :s :$ m ~ _, z 0:->a: a O ~ le _, • ::l ~ rii en~ 0Zfi!. a:a:<c Oo< ~g~ ~ <\I a: .... < a o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 trust, lien or other appropriate mechanism th~t runs with the land as a condition to such grant. 7. Any change in use for the subject property shall require approval of the appropriate redevelopment permit with the requirement for. a full assessment and analysis of parking obligations. Any new use will be required to provide additional parking in compliance with regulations in effect at the time of application. 8. Except as specifically modified above, all other terms and conditions of Housing and Redevelopment Commission Resolution No. 305, which is hereby adopted, shall remain in full force and effect and are incorporated h~rein by the reference. 9. Housing and Redevelopment Commission Resolution No. 306, which is hereby adopted, is not modified by this resolution. and shall remain in full force and effect and its terms and conditions are incorporated herein by this reference. 10. A notice of issuance of this permit or the actual permit, as appropriate, shall be recorded in the office of the County Recorder of the County of San Diego to ensure that subsequent owners or encumbrancers are aware of the terms and conditions of this permit which shall run with the land and be binding on such persons or entities. B. This action is final on the date this resolution is adopted by the Housing and Redevelopment Commission. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 4 ~ "' ID W !§l ~ > .. a: cc ~ < C ~ (.) w ~ IL. C, 0 ~!!i . ~-~ a:u>f2 9 . ~ ::I i~mc3 ~ z ~ . a: < 0 Oo< ~o~ "'@ ~ .. < 0 (.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT'' ''The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of. Carlsbad, 1200 Car1sbad· Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on· the 2 nd of March 1999, by the following vote, to wit AYES: Commissioners Lewis, Nygaard, Finnila & Ku~chin NOES: None ABSENT: Comm;i.ssioner Hall ABSTAIN: None · ATTEST: 5 day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 305 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 97-03) INCLUDING VARIANCES FOR A REAR SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE AND AN OFF-SITE LOADING/UNLOADING AREA FOR THE JOIN HANDS YOUTH FACILITY PROJECT ON PROPERTY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET, BETWEEN PINE AND WALNUT, IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY APN: 204-081-08, 09, 10 CASE NO: RP 97-03 WHEREAS, Join Hands Save-A-Life, a California Non-Profit Corporation, "Developer", has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Join · Hands Save-A-Life, a California Non-Profit Corporation, •owner", described as Lots 27, 28, and 29 in Block 31, in the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 ("the Property); and WHEREAS; said application constitutes a request for a Major Redevelopment Permit and variances for a rear setback which exceeds the maximum of the standard range and an off-site loading/unloading area for participants, as shown on Exhibits A-C, dated January 5, 1999 on file in the Housing and Redevelopment Department, "Join Hands Project RP 97-03" as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, on November 24, 1997, January 26, 1998 and February 23, 1998, the Carlsbad Design Review Board held duly noticed public hearings to consider a Major Redevelopment Permit (RP 97-03), including signage, for construction of a new 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. JO S · Page2 youth facility on property located on the west side of Roosevelt Street, between Pine and Walnut, and adopted Design Review Board Resolution No. 260 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 97-03) be approved with requested variances; and WHEREAS, on April 7, 1998 and ·May 12, 1998 the Housing and Redevelopment Commission held public hearings to consider Major Redevelopment Permit RP 97-03 for the proposed Join Hands Youth Facility; and, WHEREAS, as a result of Housing and Redevelopment C.ommission review of Major Redevelopment Permit 97-03, the developer was required to redesign the project to reduce the number of variances required for the project; and, WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution held an additional duly noticed public hearing to consider the project redesign proposed by the developer for Major Redevelopment Permit RP 97-0~ and to consider the recommendations and heard all persons interested in or opposed to Major Redevelopment Permit (RP 97-03); and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued for the subject project by the Planning Department on September 19, 1997 and recommended for approval by Design Review Board Resolution No. 259 on January 26, 1998 and February 23, 1998. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. j () 5 Page3 B) That based on the ev_idence presented at the public hearing, the Housing and Redevelopment Commission hereby APPROVES a Major Redevelopment Per!Tiit for the Join Hands Save-A-Life Youth Facility Project, RP 97-03, including variances for the rear setback which exceeds the maximum range and for an off-site loading/unloading area for participants, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. 2. 3. 4. The Housing and Redevelopment Commission concurs with the Design Review Board's recommendation for approval of a Negative Declaration for the subject project. and the Commission has determined that the project will have no significant environmental impact. The redesign of the subject project reduced the scope of the project and no new environmental impacts have been identified. Therefore, no additional environmental analysis is required. The Commission has approved the Negative Declaration issued for the project on September 19, 1997. The Project qualifies as a Major Redevelopment Permit with requests-for variances under Chapter 21.35 of the Carlsbad Municipal Code because the project involves new construction of a building , or addition to an existing building, with a building permit valuation which exceeds ·$150,000. The Project is not located within the Coastal Zone. Therefore, no Coastal Permit is required. The Project is determined to be consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth with the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with approval of the following required findings to allow for variances for the rear setback that exceeds the standard range and the off-site loading/unloading area for parlicipants: a) The application of certain provisions of the Village Master Plan and Design Manual and the Carlsbad . Municipal Code will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan. A need has been publicly expressed for additional youth activities within the community which will provide a diversion to gang activities and other activities which may have an adverse impact on the community. The requested variances are-necessary in order for the developer to construct a youth facility which is appropriate for the type of programs to be offered to youths within the neighborhood. The rear setback which exceeds the standard range is necessary to accommodate the ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. !JO S Page4 parking required at the rear of the property. This is desired and encouraged by the Village Master Plan for projects located on Roosevelt Street. Without the variance, the project would not be able to provide the required parking at the rear of the project. As related to the off-site loading/unloading area, the Commission finds that the off- site location will not impede vehicular traffic or create conflicts with pedestrians. In addition, the proposed project is located mid-block in an area where vehicle speeds are lower and the street is wide enough to accommodate the off-site· loading/unloading area. b) There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to· other properties or developments which have the same standard, restrictions, controls. The proposed project represents a unique use· with unique circumstances. Because the project provides for a facility which is not typical in terms of other commercial buildings in the area, there are certain facility design requirements such as the rear setback and on-site loading/unloading area which present a conflict for the developer in terms of the programs to be offered within the subject facility. It is desired that the parking be provided at the rear of the site to prevent conflicts with pedestrians in the area. Without the required rear setback variance, the developer could not provide the parking at the rear of the site. Becaus~ of the nature of the programs to be offered by the developer, there are also exceptional circumstances which result· in less need for an on-site loading/unloading area. The participants will arrive at differing times throughout the afternoon and evening, which is much different than an elementary school where students are arriving basically at the same time in · the morning and leaving at the same time in the aftemoon and creating a much more significant potential for traffic conflicts. A majority of the participants in the Join Hands programs will be arriving as pedestrians or bicycle riders. The Commission finds that the exceptional circumstances due to the type of programs provided by the developer justify a variance from the subject development standards. c) The granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. The rear setback which exceeds the standard range will not be detrimental because it allows the parking to be located to the rear of the site, which will actually eliminate conflicts with pedestrians using Roosevelt Street. There is. very little pedestrian activity on Tyler Street, which is located to the rear of the property. The off-site loading and unloading area will have no detrimental impact on surrounding properties due to the already existing mixed use nature of the land uses within the area. Employees of surrounding businesses will generally arrive at work prior to the opening of the youth facility and will leave the businesses prior to the 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 3 OS Page5 highest anticipated usage period for the youth facility. The youth facility use hours are at off-peak hours in terms of commercial compatibility and will provide for closure at an hour which should have minimal impact on the neighboring residential. d) The granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual because those ~tandards were intended to be somewhat flexible in order to encourage diversity and variety. The granting of the subject variances will not contradict the standards set forth in the Village Master Plan and Design Manual because the project has been designed in a manner consistent with the pedestrian orientation which is desired for the area and set forth as an objective of the Village Master Plan and Design Manual. There is adequate area to the rear of the proposed building (within the public right-of-way, off of Tyler Street at the sidewalk curb) to allow for participants to be dropped off and picked up safely without having a detrimental impact on traffic flow within the area. These conditions are all consistent with the standards set forth in the Village Master Plan and Design Manual. e) The project is in a location where adjacent buildings are setback further than the permitted standard (range), adjacent buildings are likely to remain, and setting the structure back to the desired standard will maintain and reinforce the Village character of the area. The subject property is in a location which has varying setbacks. To the north, the residential un_its have varying setbacks. To the south, the commercial property is setback in the rear by nearly 77 feet. It is expected that these buildings will remain for many more years. The larger rear setback allows for a private outdoor ·patio and a rear parking rat, which are both desirable features of the project. f) The project is in a location which is in a transition area to residential development and where increased setbacks would soften the visual transition between commercial and residential development or would protect the livability of the residential development. · The project is located in a very mixed use area with a gradual transition into residential. The proposed project serves as a "bridge• between the uses in terms of the mixed setbacks. The increased setback in the rear will• help to create an appropriate transition from the residential to the north to the commercial property to the south. 5. The Project has been determined to be consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth with the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with approval of the findings noted above to grant the requested variances. The following required findings will allow for the reduced f~ont and side yard setbacks, to six (6) feet and the minimum of five (5) feet {of the acceptable range), respectively: IJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 305 Page6 6. a) The reduced standard will not have an adverse impact on surrounding properties. The project is located in an area which has a mix of uses, both commercial and residential. The commercial property to the south has a similar {5 feet} front setback. The residential property to the north is setback approximately 15 feet from the property line. The reduced front setback will have no adverse impact on the residential property to the north or the commercial property to the south. This setback allows for more pedestrian interaction which is desired for both this facility and the area in general. The commercial property to the south has no side yard setback on the side of the property which is adjacent to the subject property. Any new building on the adjacent sites, however, will have the same minimum side yard setback requirement (5 feet). b) The reduced standard will assist in developing a project which meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is to be located. The reduced standard is necessary in order to allow the developer to construct a building which can provide needed services to the youths of the area. It allows for a more visually appealing design and assists in the effort to create a facility which is an appropriate size to accommodate the desired activities. c) The reduced standard will assist in creating a project which is interesting and visually appealing and reinforces the Village character of the area. The project design is consistent with the guidelines for the Village. The reduced setbacks provide for appropriate articulation in the building which assists in the effort to make the building visually interesting and more appealing. The Housing and Redevelopment Commission finds that the applicable parking requirement for the proposed project shall be the same as that applied to elementary schools, as set forth within Chapter 21.44 of the Carlsbad Municipal Code. The project shall provide for a total of three parking spaces which meets the applicable standard for elementary schools under the representation of the developer that only two (2) employees will be employed at the facility. The required loading and unloading area shall be provided at the curb off of Tyler Street, to the rear of the subject project. The Commission has determined that the loading and unloading area to be provided off of Tyler Street at the sidewalk curb is acceptable and meets the intent of the applicable parking standard. The applicable findings, as noted above, have been made in order to grant a variance to allow the loading/unloading area to be provided off-site. Jj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. j O $ Page7 GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS: 7. The Housing and Redevelopment Commission finds that the project, as conditioned herein is in conformance with the Elements of the City's General Plan, based on the following: · a) That the General Plan identifies the "Village" and references the Village Master Plan and Design Manual as the appropriate land use plan for the area. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Master Plan and Design Manual, effective as of January 12, 1996, with approval of the requested variances, because it will provide for a land use (youth facility) which supports the residential units within Land Use District 5 of the Village Redevelopment Area. b) That the existing streets can accommodate the estimated ADTs and all required public right-of-way has been dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been or will be constructed to seive the proposed project. The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. c) The proposed project will not have an adverse impact on any open space within the surrounding area. The project is being developed on a vacant lot which has appropriate zoning for a youth facility. The project is also consistent with the Open Space requirements for new development within the Village Redevelopment Area. d) The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. e) The proposed project has been exempted from paying public facilities fees because the developer is a non-profit organization. 8. The project is consistent with the City-wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer seivice is available, and building cannot occur within the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No.~ Pages project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. 9. The project has been conditioned to pay any new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code, which are applicable to the project. This will ensure continued availability of public facilities. 10. This project has been conditioned to comply with any applicable requirement approved as part of the Local Facilities Management Plan for Zone 1. 11. The project is conditioned to comply and remain consistent with the City's Landscape Manual, adopted by City Council Resolution No.90-384. 12. The Housing and Redevelopment Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. GENERAL ANO PLANNING CONDITIONS: 13. Staff is authorized and directed to make, or require Developer to make, all necessary corrections and modifications to the Exhibits and/or other documents to make them internally consistent and in conformity with final action on the project. Developer shall develop the property substantially as shown on the approved Exhibits for the project. 14. The Developer shall provide the Agency with a reproducible 24" X 36", mylar copy of the Site Plan for the project as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the Agency. The plan copy shall be submitted to the Planning Director and approved prior to building or grading permit approval, whichever occurs first. 15. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution on a 24" X 36" blueline drawing. 16. Building permits will not be issued for development of the subject property unless the District Engineer determines that water and sewer facilities are available at the time of application for such water and sewer permits and will continue to be available until time of occupancy. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 3 D 5 Page9 17. Prior to the issuance of the Redevelopment Permit, Developer shall submit to the Agency a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad's Redevelopment Agency has issued a Redevelopment Permit by Design Review Board Resolution No. 260 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director or the Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the developer or successor in interest. 18. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director or the Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director or Housing and Redevelopment Director. 19. An exterior lighting plan including parking areas shall be submitted for Planning Director or Housing and Redevelopment Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Planning Director or Housing and Redevelopment Director. 21. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director or Housing and Redevelopment Director prior to the approval of the grading or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving conditions, free from weeds, trash and debris. 22. The first submittal of detailed landscaping and irrigation plans shall be accompanied by the project's building, improvement and grading plans. 23. Building identification and/or addresses shall be placed on all new buildings so as to be plainly visible from the street; color of identification and/or addresses shall contrast to their background color. rlo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. ..3 lJS Page 10 24. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. 25. The Developer shall construct a six foot (6'} masonry block wall on the north side of the common property line. The height of the solid block wall shall drop to forty-two inches (42") ten feet (10') from the east and west property line for pedestrian visibility purposes. 26. The hours of operation for the subject facility shall be 3pm to 1 0pm, Monday through Friday, and 8am to 10pm on Saturday. No youths may remain in, or around, the facility after the noted hours of operation. 27. The developer shall ensure that full-time adult supervision is provided at all times during the hours of operation noted above. 28. The developer shall provide for the installation of permanent bicycle racks as noted on the preliminary lighting plan submitted by the developer and dated January 26, 1998. 29. The developer shall be allowed to construct the building with interior improvements to provide for only one floor under this permit. This restriction shall allow for a maximum of 6175 square feet of building space. The developer shall be required to submit a separate application for an amendment to this permit, or a new redevelopment permit, at a later date if a decision is made to expand the interior space to a second floor, adding a maximum of 2925 square feet of building space to the existing facility. The developer shall not be allowed to expand without prior approval of the Housing and Redevelopment Commission. 30. The developer shall not be allowed to conduct any type of special event, including dances, fund raising activities and/or other activities, at the subject facility. The facility shall be used for regular and routine activities designed for low income youths and teens only as set forth in the permit application. The facility shall not be used at any time for adult activities, or activities which will bring large numbers of adults to the site. The facility shall not be leased for any private, non- organization activity at any time. ENGINEERING CONDITIONS: 31. The developer shall pay all current fees and deposits required. 32. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No . ...SO 5 Page 11 33. Prior to issuance of any builc:ling permit, the developer shall comply with the requirements of the City's antr-graffiti program for wall treatments if and when such a program is formally established by the City. 34. Prior to issuance of building permit(s), the developer shall file and receive approval of a boundary adjustment application with.the City to merge the three existing lots so that the project site is situated on one lot 35. Prior to issuance of building permit(s), the developer shall obtain a City right-of-way permit to install driveway aprons in the public right-of- way on Tyler Street. WATER, SEWER AND FIRE CONDITIONS 36. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met 37. The Developer shall be responsible for"all fees, deposits, and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity chargewill be collected at issuance of application for meter installations. 38. ~equentially, the Developer's Engineer shall do the following: a) Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrlgational needs from appropriate parties. b) Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e., GPM -EDU). 39. This project is approved under the expressed condition that building permits will not be issued for development of the subject property unless the water district seiving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the project plans. 40. If any of the foregoing conditions fails to occur; or, if they are, by their terms, to be implemented and maintained over time; if any such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No . ..J OS Page12 approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the Agency's approval of this Resolution. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 41. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 42. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval. 43. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordin.ance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 44. TI:le project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 45. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 46. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Director. 47. The project shall comply with recycling collection area requirements pursuant to Section 21.105.060. The recycling area shall be noted on the final plans submitted for applicable building permits for the project. 48. This action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review'' shall apply: "NOTICE TO DEVELOPER" "This time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 -21 22 23 24 25 26 27 28 HRC Resolution No . ..> 0 5 Page 13 the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 2 nd day of March , 1999 by the following vote to wit: AYES: Coromission Members Lewis, Nygaard, Finnila, & ·Kulchin NOES: None ABSENT: Commission Member ABSTAIN: None 20 1 2 3 4 5 : 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 306 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF ~ARLSBAD, CALIFORNIA APPROVING A NEGATIVE: DECLARATION FOR A MAJOR REDEVELOPMENT PERMIT FOR THE JOIN HANDS YOUTH FACILITY, WITH VARIANCES FOR THE REAR SETBACK WHICH EXCEEDS THE STANDARD RANGE AND AN OFF-SITE LOADING/UNLOADING AREA FOR PARTICIPANTS, ON PROPERTY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET BETWEEN PINE AND WALNUT IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA .. CASE NAME: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY APN: 204-081-08, 09, 10 CASE NO: RP 97-03 WHEREAS, Join Hands Save-A-Life, a California Non-Profit Corporation, "Developer", has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Join Hands Save-A-Life, a California Non-Profit Corporation, "OWner", described as Lots 27, 28, and 29 in Block 31, in the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 ("the property); and WHEREAS, said application constitut~ a request for a Major Redevelopment Permit and variances for the rear setback which exceeds the standard ra~ge and an off-site loading and unloading area for participants, as shown on Exhibits A-C, dated January 5, 1999 on file in the Housing and Redevelopment Department, "Join Hands Project RP 97-03" as. provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Housing and Redevelopment Commission did on the date of this resolution hold a duly noticed public hearing as prescribed by law to consider said request for a Negative Declaration; and, -·x1 .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. _..,, o, WHEREAS, at said public hearing and upon considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, t~e Housing and Redevelopment Commission considered all factors relating to the Negative Declaration on RP 97-03. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission, as follows: FINDINGS: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Housing and Redevelopment Commission hereby APPROVES the Negative Declaration according to the one page notice and the EIA Part II Form attached hereto and made a part hereof, based on the following findings: 1. The Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered Negative Declaration(RP 97-03), the environmental impacts therein identified for this project and any comments thereon prior to approving the project. Based on the EIA Part-II and comments thereon, the Housing and Redevelopment Commission finds that there is no substantial evidence the project will have a significant effect on the environment and thereby approves the Negative Declaration. 1 2 3 4 :, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No.~ 2. The Housing and Redevelopment Commission finds that the Negative Declaration (RP 97-03) reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 2 nd day of March • 1999 by the following vote to wit: AYES: Commissioners Lewis, Nygaard, Finnila & Kulchin NOES: None ABSENT: Commissioner Hall ABSTAIN: None -. City of Carlsbad ■=U=i,i,O,t-1•24·&1 ,h,t§,1 1 NEGATIVE DECLARATION Project Address/Location: A through lot between Tyler Street and Roosevelt Street north of Walnut Street in the City of Carlsbad. Project Description: A 9,974 square foot recreation center with associated offices. The City of Carlsbad has conducted an environmental review of the above descnbed project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive docwnents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are· invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Christer Westman in the Planning Department at (760) 438-1161, extension 4448. DATED: CASE NO: CASE NAME: PUBLISH DATE: SEPTEMBER 19, 1997 RP 97-03 JOIN HANDS SEPTEMBER 19, 1997 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (1319) 438-0894 ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART Il (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO: RP 97-03 DATE: SEPTEMBER 15, 1997 1. CASE NAME: JOIN HANDS SA VE A LIFE 2. APPLICANT: -'F:..:RA=NK.:.:.:,,..:S=O=R=IN~O _________________ _ 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 3528 Madison Street Carlsbad. California 92008 4. 5. DATE EIA FORM PART I SUBMITTED: _,M=a=v..,...3.,.,.0 ~1=99:..:.7---'----------- PROJECT DESCRIPTION: . A 9,974 square foot recreation building which principal space is a basketball court on an existing infill lot within the City of Carlsbad redevelopment area. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Land Use and Planning D Population and Housing D Geological Problems D Water IZJ Air Quality fZI Transportation/Circulation D Public Services D Biological Resources D Utilities & Service Systems 0 Energy & Mineral Resources D Aesthetics D Hazards D Noise O Cultural Resources D Recreation D Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMlNAT[ON. (To be completed by the Lead Agency) D D □ □ 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 case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project Therefore, a Notice of Prior Compliance has been prepared. Planner Signature D~ . Date 2 Rev. 03/28/96 -,~· ENVIRONMENT AL IMr ACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except ''No Impact" answers that are adequately ~upported by an information source cited in the parentheses following each question. A ''No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer shoulq. be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigatio.q. Incorporated'' applies where the incorporation of mitigation measures ha$ reduced an effect from "Potentially Significant Impact'' to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects ( a)· have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration. pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including. revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 -..... • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant. and those mitigation measures are agreed to by the developer prior to public review. In this case. the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. · • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (I) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant~ (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation me~ures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a ·potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation mei,.sures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Infonnation Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (General Plan Master ElR 93-01) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (General Plan Master EIR 93-01} c) Be incompatible with existing land use in the vicinity? (General Plan Master EIR 93-0 I) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (General Plan Master EIR 93-01) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (General Plan Master EIR 93- 01) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (General Plan Master EIR 93- 01) b) Induce substantial growth in an area either directly or indirectly ( e.g. through projects in an undeveloped area or extension of major infrastructure)? (General Plan Master EIR 93-0 l) c) Displace existing housing, especially affordable housing? (General Plan Master EIR 93-0 I) !IL GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (General Plan Master EIR 93-01) b) Seismic ground shaking? (General Plan Master EIR 93- 01) . c) Seismic ground failure,· including liquefaction? (General Plan Master EIR 93-01) . d) Seiche, tsunami, or volcanic hazard? (General Plan Master EIR 93-01) e) Landslides or mud flows? (General Plan Master EIR 93- 01) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (General Plan Master EIR 93-01) g) Subsidence of the land? (General Plan Master EIR 93- 01) b) Expansive soils? (General Plan Master EIR 93-01) i) Unique geologic or physical features? (General Plan Master EIR93-0l) 5 Potentially Signifi=t Impact □ o·· □ □ □ □ □ □ D D □ D □ □ □ □ □ Potcntinlly Significant Unless Mitigation Incorporated □ .□ □ □ □ □ □ □ □ □ □ □ □ □ □ □ D Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ D □ □ □ □ □ No Impact Rev. 03/28/96 I Issues (and Supporting Infonm, •• on Sources). [V. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (General Plan Master EIR 93-0 I) b) Exposure of people or property to water related hazards such as flooding? (General Plan Master EIR 93-01) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (General Plari Master EIR 93-0 I) d) Changes in the amount of surface water in any water body? (General Plan Master EIR 93-01) e) Changes in currents, or the course or direction of water movements? (General Plan Master EIR 93-01) t) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (General Plan Master EIR 93-01) g) Altered direction or rate of !]ow of groundwater? (General Plan Master BIR 93-01) h) Impacts to groundwater quality? {General Plan Master EIR93-01) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (General Plan Master EIR 93-01) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? {General Plan Master EIR 93-01) b) Expose sensitive receptors to pollutants? {General Plan Master EIR 93-0 I) · c) Alter air movement, moisture, or temperature, or cause any change in· climate? (General Plan Master EIR 93- 01) d) Create objectionable odors? (G~neral Plan Master EIR 93-01) . VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 (General Plan Master EIR 93-01} b) Hazards to safety from design features (e.g: sharp curves or dan.gero~. intersections) or in9ompatible uses (e.g. farm equipment)? (General Plan Master EIR 93- 01) c) Inadequate emergency access or access to nearby uses? (General Plan Master EIR 93-01) d) Insufficient parking · capacity on-site or off-site? (General Plan Master EIR 93-01) e) Hazards or barriers for pedestrians or bicyclists? (General Plan Master EIR 93-01) 6 Potentially Significant Impact □ □· □ □ □ □ □ □ □ D □ □ rgJ □ D □ □ Potentially Significant Unless Mitigation Incorporated □ .□ □ □ □ □ D D □ □ □ □ □ □ □ □ D □ Less Than Significan t Impact D □ □ □ □ D □ □ □ □ □ D □ □ □ D □ □ No [mpact □ □ lZI Rev. 03/28/96 Issues (and Supporting Informi.,,on Sources). t) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (General Plan Master EIR 93-01) g) Rail, waterborne or air traffic impacts? (General Plan Master EIR 93-01) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (General Plan Master EIR 93-0 I) b) Locally designated species (e:g. heritage trees)? (General Plan Master EIR 93-01) c) Locally designated natural communities· (e.g. oak forest. coastal habitat, etc.)? (General Plan Master EIR 93-01) d) Wetland habitat(e.g. marsh, riparian and vernal pool)? (General Plan Master EIR 93-01) e) Wildlife dispersal or migration corridors? (General Plan Master EIR 93-01) VIIt ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (General Plan Master EIR 93-01) b) Use non-renewable resources in a wasteful and inefficient manner? (General Plan Master EIR 93-01) c) Result in the loss of availability of a known mineral resource that would be offu,ture value to the region and the residents of the State? (General Plan Master EIR 9~-01) IX. HAZARDS. Would the proposal involve: a) . A risk of accidental explosi_pn or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (General Plan Master EIR 93- 01) b) Possible interference with an emergency response plan or emergency evacuation plan? (General Plan Master EIR93-0I) c) The creation of any health hazard or potenti~l health hazards? (General Plan Master EIR 93-01) d) Exposure of people to existing sources of potential health hazards? (Gez:ieral Plan Master Ef!l 93-01) e) Increase fire hazard in areas with flammable brush, grass, or trees? (General Plan Master EIR 93-0 I) 7 Potentially Significant Impact □ □ □ □ D D □ □ □ □ □ □ □ □ □ -(- Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ D □ □ □ □ □ □ □ □ □ Less Than Significnn t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 31 -,.. ..... .. ( Issues (and Supporting Inform ... ,on Sour~es). Potentially Potentially Less Than No Significant ·significant Signitican Impact Impact Unless t Impact Mitigation [ncorporated X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (General Plan Master □ □ □ ~ EIR 93-01) b) Exposure of people to severe noise levels? (General □ □ □ lZI Plan Master EIR 93-01) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (General Plan Master EIR 93-01) □ □ □ ~ b) Police protection? (General Plan Master EIR 93-01) □ □ □ lZI c) Schools'? (General Plan Master EIR 93-01) □ □ □ 181 d) Maintenance of public facilities, including roads? □ □ □ 181 (General Plan Master EIR 93-01) e} Other governmental services? (General Plan Master □ D □ 181 EIR 93-01) XIl. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or sllbstantial alterations to the following utilities: a) Power or natural gas? (General Plan Master EIR 93-0 I) □ □ □ l8J b) Communications systems? (General Plan Master EIR □ □ □ IZI 93-01) c) Local or regional water treatment or distribution □ □ □ ~ facilities? (General Plan Master EIR. 93-0 l) d) Sewer or septic tanks? (General Plan Master EIR 93-□ □ □ ~ 01) e) Storm water drainage? (General Plan Master EIR 93-□ □ □ ~ 01) f) Solid waste disposal? (General Plan Master EIR 93-01) □ D □ ~ g) Local or regional water supplies? (General Plan Master □ □ □ -~ EIR93-0l) XIII. AESTHETICS. Would the proposal: . a) Affect a scenic or vista or scenic highway? (General □ □ □ ~ Plan Master EIR 93-01) b) Have a demonstrate negative aesthetic effect? (General □ □ □ ~ Plan Master EIR 93-0 I) c) Create light or glare? (General Plan Master EIR 93-01) □ □ □ 18] XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (General Plan □ □ □ IZ1 Master EIR 93-0 I) b) Disturb archaeological resources? (General Plan Master □ □ □ ~ EIR 93-01) c) Affect historical resources? (General Plan Master EIR D D □ [8J 93-01) 8 Rev. 03/28/96 r r" Issues (and Supporting Information Sources). d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (General Plan Master EIR 93-01) e) Restrict existing religious or sacred uses within the potential impact area? (General Plan Master EIR 93- 0 I) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (General Plan Master EIR 93-01) b} Affect existing recreational opportunities? (General Plan Master EIR 93-01) XVI. MANDATORY FINDINGS OF.SIGNIFICANCE. a) Ooes the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? . b) Does the project have impacts that are individually limited, but cumulatively considerable? (''Cumulatively considerable" means that the incremental effects of a 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 proj~cts)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or in<lirectly? . XVII. EARLIER ANALYSES. Potentially Significant Impact □ □ □ □ □ D □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ Less Than Significnn t [mpnct □ □ □ □ □ D □ No Impact jg] . -~ Earlier analyses may be used where, pursuant to the tiering, program BIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier BIR or negative declaration. Section 15063(c)(3)(D · 9 Rev. 03/28/96 ,• I DISCUSSION OF ENVIRONMENTAL EVALUATION GENERAL: The project is the construction of a single building less than 10,000 square feet. The site is zoned for commercial development and is vacant. Development of the site wiH not require significant modification to the land. There are no natural or historical significant resources onsite, therefore there will be no significant impacts due to development of the property. The development will not create significant impacts. There will not be a significant increase in traffic from the .use in that most users will not be of driving age. Noise will be contained within the structure, no hazardous materials will be used or stored onsite, the project will be constructed according to the requirements of a redevelopment permit which included review of the building for aesthetic compatibility in the existing neighborhood. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in in.creased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the llllplementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; apd 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact''. This project is consistent with the General Plan, therefore, the preparation ofan EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This ."Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. 10 Rev. 03/28/96 CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include _all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improv.ements, a number of intersections are projected to fail the City's ado.,ted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master BIR These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and• commuter rail systems; and 3) participation in regional circulation strategies when adopted. · The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated int~ the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this proj~t, therefore, no :further environmental review of circulation impacts is required. 11 Rev. 03/28/96 March 5, 1999 Join Hands -Save a Life Mr. Frank Sorino 3528 Madison Street Carlsbad,CA 92008 Enclosed for your reference are copies of Carlsbad Housing ·and Redevefopment Commission Agenda Bill No. 306. and Resolution Nos. 305,306 and 307. These documents went before the Housing and Redevelopment Commission on March 2, 1999, when ~he Resolutions were adopted, approving your Major Redevelopment Permit No. 97-3. If you have any questions regarding your permit, please call the Housing and Redevelopment Department at 434-2811. -<~~:r4 Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive• Carlsbad, CA 92008~1989 • (760) 434-2808 @ c~ 13c:() -s :;J-9-:)._, Section 5416. Health and Safety Code, State of California -:?'7 ?c---o ·-. t_ ;::::, .-.,;, f/--&C,se. ,v e,{r (a) There shall be not less than one water closet for each 20 employees or fractional part thereof working at a construction job site. The water closet shall consist of a patented chemical type toilet. (b) For the purpose of this section the term construction site shall mean the location on which actual construction of a building is in progress. (c) A violation of this section shall constitute a misdemeanor. All construction or work for which a permit is required shall be subject to inspection and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the inspector. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the inspector. --. ·, .-. -~ '\ t .., I -<t7, t, • __ • J~~ ·, .. / 1· I .. ~ (_f~,;2 0~ / -~------~ I ~1,1,y UJ tL,Uf"l,~'IJliJ,U 1635 Faratfay Av~n .. ~, Ca1l~bad California 92008 ll'~SPECTION RECORD tf?~,;;2. -~7°6 INSPECTION RECORD CARD \-Vl'fH APPROVED PLANS MUST BE KEPT ON i~E JOB CALL PRIOR TO 2:00 P.M. FOR NEXT WORK DAY INSPECTION . -BUILDING INSPECTION: (760) 602-2725 JOB ADDRESS: _____ _ ____ LOT NO./SUllE: ______ _ OW NERS NAME: __ _ USE/OCCLIPANCY BUILDING OTHER APPROVED TO COVER Type of Inspection Date Inspector Notes ----------------1---------------..----------------IJUILDING FOUNDATION REINFORCED STEEL 0 WALL DRAINS TILT PANELS -----------------+--------------.-----=---------~----POUR STRIPS _..,... ,• C COLUl\1N FOOTINGS ------------+-----------1-+---"'-~--'---"~--=-------S U BF RAM E O FLOOR 0 CEILING ROOF SHEATHING EXT. SHEAR PANELS FRAME INSULATION EXTERIOR LATH INTERIOR LATH & DRYWALL FINAL PLUMBING TOP O UT D WASTE O WATER TUB AND SHOWER PAN 0 GAS TEST O GAS PIPING D WATER HEATER 0 SOLAR WATER FINAi ---------------------+-----+--r-+----t----,-----,----,~---:--.::r--. · ELECTRICAL &ECTRIC UNDERGROUND 0 UFER ROUGH ELECTRIC WALLS _ ELECTRIC SERVICE O TEMPORARY -i:i BONDING O POOL FINAL MECHANICAL UNDERGkOUND DUCTS & PIPING 0 DUCT & PLEM.□ REF. PIPING -----------+------Hf AT· AIR COND. SYSTEMS VENTILATING-SY_,S __ TE_M_S----------+-----+-----r FINAL ---=====L:~:-=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--= CAU FOil FINAL INSPECTION WHEN .4LL Al'PltOl'ltlA. TE ITEMS AI OVE HAVF. BEEN APl'IHD,;.;..;.;VE;;;.;;D~------------- ANAL Sign When Appropri~te J I I Building Dept. (Inspections) (760) 602-27~: J _ Fire Department (760) 60.::-,6f.f!· 1 ----:==========.::============--------Planning Department (760) 81 5-67·J8 _ Engineering Dept. (Inspections) (760) 438-3391 ---------1-----q ding Inspectors (7am-4pm) (760) 602-:.!700 --, (760) 438-272!.!i/?_1_5_1 -+------t-----·-+-------_____ -_------ • / "\. -Type of lnspecdon Date Inspector -I F,IRE N S UNDERGROUND NS OVERHEAD A/S FINAL ~' AUTO EXTINGUISHING SYSTEM ' --MEDICAL GAS ALARM SYSTEM -\ -Section 5416. Health and Safety Code, State of California (a) There shall be not less than one water closet for each 20 employees or fractional part thereof working at a construction job site. The water closet shall consist of a patented chemical type toilet. (b) For the purpose of this section the term construction site shall mean the location on which actual consrruction of a building is in progress. (c) A violation of this section shall constitute a misdemeanor. All construction or work for which a permit is required shall be subject to inspection and all such construction or work shall remain accessibl.e and exposed for inspection purposes until approved by the inspector. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the inspector. --;7 • ADDITIONAL NOTES .•J ,., I<.. -;:. r::- 1f: Ii__· _Ir'----' --;;,~-=--o'--'-;.__;::"----=-='----'--___.;:;'--~-----+---1.r;:,j..,......_---.,,L_--"-H-'-----7'-' ~---~-'~-~--_-·-----: (/J ·If-It' .----·--· MICHAEL T. LARSEN, Esq., Bar #120617 LAW OFFICES OF MICHAEL T. LARSEN 6352 Corte Del Abeta Suite A Carlsbad, CA 92009 (888)276-7453 SUPERIOR OF CALIFORNIA, COUNTY OF SAN DIEGO NORTH COUNTY DIVISION JOIN HANDS SA VE A LIFE, a California nonprofit corporation; FRANK SORINO, an individual Plaintiff & Petitioners, vs. CITY OF CARLSBAD and DOES 1-100, Defendants & Respondents, I, Frank Sorino, declare as follows: ) Case No.: No. GIN 036823 ) ) ) ) ) ) ) ) ) ) ) ) ) DECLARATION OF FRANK SORINO IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION AND SUMMARY JUDGMENT Hearing Date: Hearing Time: Department: Judge: December 23, 2005 1:30 p.m. 31 Hon. Lisa Guy-Schall Complaint Filed: April 22, 2004 Trial Date: February 24, 2006 1. I am both an individually named Plaintiff and have served continuously as the Chief Executive Officer of Plaintiff, JOIN HANDS SAVE A LIFE (hereinafter "JHSAL"). I also appeared on behalf of JHSAL at the meetings and public hearings relevant to this action. I have personal knowledge of the facts stated herein, these facts are true and correct and if called as a witness I would and would competently testify to the statements as set forth herein. 1 2. In 1993 "Join Hands Save A Life" was certified as a non-profit charitable corporation. 2 In May 1993, JHSAL received a CDBG grant for $14,000.00 ... 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 In 1994 JHSAL found an empty lot in the middle of the neighborhood in which we served, zone perfectly. JHSAL received a $50,000.00 CDBG grant toward a land purchase in the form of a 5- year grant. 3. In 1995, escrow closed on our new lot JHSAL received a $32~000.00 CDBG grant in the form of a 5 year grant to purchase the lot for $81,000.00 and the City Council allocated a $74,000.00 CDBG commitment for the next year and we were told it would be in the form of a 5 year grant for construction. It was later changed to a 20-year loan agreement, while all other COBO recipients received 5 year grants. 4. In 1996, JHSAL turned in our first building application. JHSAL was allocated a $48,000.00 CDBG grant which was advertised and said to be a 5 year grant for construction, which was later changed to a 20 year loan agreement, while every other social service groups received a ~. year grants. 5. In 1997, JHSAL was allocated a $75,000.00 CDBG grant for construction that was said to be a·5;..year grant, but later changed to the 20-year loan, while every other agency received the 5-year grant. We went to countless meetings with city staff, redoing and redoing our plans, at times one staff member would tell me to do something and then another staff member would tell me not to do it. The process was very frustrating and time consuming. We finally ha staff support for a November 24,-1997 Design Review Board meeting, Staff later changed their mind shortly before the meeting. 6. Tn 1998, JHSAL was allocated a $20,000 CDBG grant for construction that was said to be a 5-year grant, but later changed to the 20-year loan, while every other agency received the 5-year grant. This grant must also be matched dollar for dollar (which JHSAL did). Every other CDBG recipient was not required to match funds and were given 5 year grants. 2 1 7. In 1999 JHSAL was alJocated a $100,000.00 CDBG grant for construction, which was 2 said to be, and advertised as a 5-year grant. 3 8. Housing and Redevelopment Commission reviewed and approved our revised 4 proposal after 3 years of planning and meetings. 5 9. On March 2nd 1999 the City Council sitting as the Housing commission approved a 6 major redevelopment permit for the Join Hands Save A Life youth facility. However, the 7 Commission made it clear that whenever JHSAL applies or are granted CDBG funding or any 8 other public financial assistance by the City of Carlsbad or the Redevelopment Agency, the 9 funds shall be secured by a deed of trust, lien or other appropriate mechanism that runs with the i O land as a condition to such grant. It is very clear to me in all of my experience with the City of 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 25 Carlsbad regarding CDBG funding that no other recipient had to have a similar restriction and have liens placed upon their land. JHSAL was sent, sometime later, an agreement, a deed of trust security agreement and a promissory note, in the fonn of a 20-year loan. All the other recipient organizations ofCDBG funds received 5 years grants this very same year. JHSAL objected to this different treatment by the City. It is clear to me that had the City treated JHSAL like every other CDBG recipient and gave 5 year grants, the facility would have been built at this time. 10. In 2000, JHSAL was allocated a $95,000.00 CDBG grant in the form ofa 20 year loan agreement, while others received as much as $125,000.00 in the form of a 5 year grant requiring no collateral such as signing their land over in a deed of trust security agreement. I felt we were being discriminated against because we dealt with and were lead by Hispanic peoples. 11. On November 20, 2000, due to staff threats, we entered a signed agreement with the City of Carlsbad. with the understanding that we could use volunteers, obtain in-kind services and receive material donations to satisfy some of the financing in the budget requirements of the Subrecipient Agreement. If the City just did what they said they were going to do and kept their 3 1 word, we could have built the whole building with those funds and the use of volunteers and 2 material donations. Frank Boensch told me that year that he was very encouraged by our 3 4 progress. 12. In 200!, JHSAL was allocated a $80,000.00 CDBG grant in the form ofa 2 to I 5 match (which JHSAL did match), while others agencies received as much as $100,000.00 6 without any matching requirement. 7 13. Between 6-19-0 I and 6-30-02 Join Hands made substantial progress. Here is a list of 8 dates and actual funding we received: 6-12-2001 North County Charities fund $5,000.00; 7-12- 9 2001 City of Carlsbad $7,800.00; 8-16-01 Community activities Grant $5,000.00; 8-14-01 to 8- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31-01 cash donations over $16,000.00; 8-30-01 Community Actfvities Grant $16~000.00; 9-20- 01 City of Carlsbad $6,000.00; 9-28-01 Wells Fargo Foundation $2,500.00; 10-1-01 The Bravo Foundation $25,000.00; 10-27-01 The Nordson Foundation $5,000.00; 12-28-01 NRG Energy, INC $2,000.00; 3-28-02 County of San Diego $25,000.00; 9-6-01 to 6-20-02 United, Way Funds over $5,000.00; 9-1-01 to 5-24-02 cash donations over $7,000.00; 5-30-02 Community Activiti Grant $4!000.00. Also donated rent& utilities over $11,000.00; in-kind services in the IO's of thousands of dollars. We secured a loan for over $180,000.00. We met all of our CDBG matching requirements to date. We already started spending the CDBG funs allocated toward the project. We obtained and paid for building permits. We anticipated many donors of materials. We had lenders willing to negotiate with us regardless if the City subordinated their first on our land or not. We had very prominent members in the County willing to help. My father and other JHSAL Board members were willing to take personal loans on their properties to make sure we had the fundi~g necessary to complete the pro_ject. 14. When this project was first initiated, JHSAL had a strategy in place to construct the building with combination of CDBG funding and the use of volunteer sub contractors, where available. In 2001, JHSAL received "volunteer" forms from City Staff for our Invitation to Bid 4 1 book. The staff authorized this use and kept a copy of the book themselves. The forms would 2 allow JHSAL to submit volunteer labor to count against the cost of the project. Then, Frank 3 Boensch, after bids had been received and the project set to move forward told me that Staff had 4 determined that there bad been a change in the CDBG requirements and that all labor on the 5 project would have to be paid for at prevailing wage. Needless to say, this was a great shock to 6 JHSAL, and an eleventh hour change in its building construction strategy. 7 8 15. The new requirement that the staff had imposed upon the project at the last moment changed more than just the obvious. This doubled and maybe even tripled the cost of the 9 construction for the facility. Not only could JHSAL not use volunteers or in-kind contributions, 10 11 12 13 14 HJ 16 17 18 19 20 21 23 24 25 but JHSAL now had to pay anyone who worked on the project the prevailing rate for union labor for the entire construction job. At the time that I signed the November 2000, I had been told·by the City for many years that the combination of volunteers and/or in-kind contributions with paid iabor did not make JHSAL ineligible for CDBG funding. JHSAL had continuaµy relied upon the statements and actions of the City with regard to the use of volunteers. Both the City and JHSAL knew how critically important the use of volunteers and in-kind contributions were goin to be in the construction of the youth facility. 16. Had the City provided JHSAL with the 312,000 from the CDBG allocation in Mayo 2001, JHSAL was definitely in a position to make up the difference between the cost of construction at that time and CDBG funding with a combination of in-kind contribution and volunteer labor. 17. After the City told me that it was an "all-or-nothing" restriction on volunteers and paid labor, I immediately began to attempt to find other funding sources. I spoke with Ms. Fountain and Mr. Boensch at length. This new requirement happened just prior to my signature on the June 2001 and August 2001 Subrecipient Agreements. Even though I had been told by the City that this was a HUD requirement, I had no other alternative than to sign these contracts 5 1 with the hope that either HUD would allow the volunteers or that the City would work with 2 JHSAL in our attempts to find this last minute money. I was not told by anyone at the City that 3 this was a "new interpretation" of an existing HUD regulation. I was told by Mr. Boensch that 4 this was a «new" HUD restriction. No one ever told me that I c-0uld appeal this either to the City 5 or directly to HUD. 6 18. Prior to this new inf onnation on the restriction on volunteers, in working with Ms. 7 Fountain and Frank Boensch, both had been very helpful in all of the years ofreceiving the 8 CDBG funding. Even when we had spent some of the monies and deserved a reimbursement, 9 they were very helpful in getting the proper forms accomplished so JHSAL could receive its 10 11 12 1J 14 15 16 17 18 19 20 21 22 23 24 25 money. As soon as I received the news of the new requirement, I immediately began to attempt to find new funding sources so that JHSAL could obtain the necessary differential between the construction costs and the CDBG funding. At first I spoke to staff about using fundraising to supply the fonds, then I came up with ideas about leasing the propeey to other organizations to raise funds, then we began to look at the possibility of a loan. When we would ask them for an opinion as to whether that was permitted by the HUD or City restrictions, they were always very non-committal -they would never give me a definitive answer on these items. The best example of this is our attempt to get a loan. This was only after they refused to provide us with answers on fundraising or leasing of the property. We had communications with two different institutions that provide loans to non-profit groups. Both were ready and willing to provide us with the necessary funds and did not require complex paperwork. Both said that they would prefer to not have their loan subordinate to the City loan however, one of the two told us that if the Citr refused to subordinate their loan, they would work on still.providin__g the money. I communicated this all to the City staff. JHSAL had submitted both a five-year budget and very specific fundraising infonnation to show the staff how JHSAL would raise money in the future. 6 1 19. It had always been my unde~standing that the staff of the City had a duty to help 2 JHSAL as the subrecipient to understand the HUD regulations and forms and to do everything 3 that is possible to enable the non-profit agency to obtain the CDBG funds in order to help the 4 underprivileged This was true about the staff from the City of Carlsbad up until the summer of 5 200 l. At that point the staff not only did not help, but did everything that they could to undercut 6 and prevent the project from being constructed with CDBG funds. It is c1ear that the staff was 7 under intense pressure to keep their jobs since HUD was being increasingly "aggressive" with 8 the City. After informing me that JHSAL could not use volunteers and the staff sent me the June 9 22, 2001 letter from HUD, the staff became increasingly difficult to work with and after the two 10 council meeting in May and June of 2002, it was clear that the staff had not been telling me the 11 12 13 14 16 17 18 truth. 20. When JHSAL provided the five-year budget, the specific earning capacity via fundraisin_g and all of the information on the loan, it was clear to me that we had provided the necessary information in order to satisfy the condition that we had the funds to complete the construction of the facility. At no time did anyone from the City every inform JHSAL that JHSAL had not complied with the terms of the Sub. Ag. Every time over 7 years that the City infonned JHSAL that they needed something, it was produced immediately. 21. On March 26, 2002 the City Council approved a $150,000.00 CDBG grant, which 1 ~ required a doUar for dollar match, and also requiredthe submission ofa 5-year operating plan. 20 21 22 23 24 25 This allocation identifies that both the Advisory Committee that makes recommendations to the Council regarding CDBG funds and the City Council understood that JHSAL was ready to begin construction. If it would not have been for the underhanded actions of the staff, this facility would be build today. The City would have never al located another $150,000 to a project that had no chance being build. Between the time of this allocation and the May 21, 2002 Council Meeting wherein the Council denied our request for a waive of the matching fund and denied our 7 1 request for an extension, the staff had blindsided our project, had mis-lead the Council into 2 believing that JHSAL had done nothing that the staff had asked for and had made it impossible 3 for JHSAL to construct the project with CDBG funds. 4 5 22. On April 16~ 2002 we secured a loan for $181~788.00 to ensure there would be enough funds to complete the building. After numerous meetings, phone calls and emails with 6 Staff, it was determined that the best overall strategy wouJd be to start construction by June 1st, 7 8 2002. One of the points at issue was the prior CDBG grants totaling $449,063.00 that was scheduled by City agreement to be spent by June 30th 2002. In conversations with Staff, they told 9 me that it made no sense to start construction and spend the $449,063.00 by June 30th 2002 then 10 11 12 D 14 15 16 17 18 19 20 21 23 24 25 have to pay all the extra costs involved with a construction company having to bring in all their equipment, barricades, trailers, and construction teams in. Then having them remove everything and bringing them back 4 months later when the rest of the funding became available in September or October of 2002. The estimate was that it would take about 6 months to complete the construction of the building. 23. During this whole time_. staff pretended to be working with us and instead was taking all of the necessary steps to insure that the Council would believe that the project was doomed. Instead of working with JHSAL to let us know what was necessary in staff's mind that would satisfy the "certification" of money, staff continually lead JHSAL to believe that everything was satisfactory; never gave me any indication that neither the loan nor the personal financing that w-a.s available was unsatisfactory. Then the staff goes to the City Cmmcil and lies to the cmmcil about the loan and about all of the good faith effort that JHSAL had put forth. 24. An April 22, 2002 letter from the City of Carlsbad, Hous111g & Redevelopment Department, Frank Boensch, Management analyst, with copies to the City Manager, Community Development Director & the Housing and Redevelopment Director, outlined what JHSAL needed to do & to submit all the documentation described to the City as soon as possible to allo 8 1 adequate time for review and approval if contracts were to be awarded in time for begin work by 2 June 1st 2002. When the City asked for a five-year operating budget, JHSAL gave them a five- 3 year budget; when the City asked for a construction budget, JHSAL gave the City a construction 4 budget; when the City asked for information on how JHSAL would pay for the difference 5 between the CDBGF funding and the construction costs, JHSAL provided a host of information, 6 leading up to the loan and later to the commitment for personaJ checks that would satisfy this 7 8 difference. 25. As I understood the Sub. Ag. and what the City told me and how the staff had always 9 consistently acted through this process in the last 5 years, when JHSAL needed to submit those 10 11 12 13 14 15 16 17 18 20 21 23 24 25 items and JHSAL did submit them to the City and if there were any problems or concerns with them, the City would let me know. During the first five year that I worked with the City on CDBG funding, if there was ever a concern or problem, the City would let me know and we always alleviated their concern. This is the one of the reasons that JHSAL was able to obtain CDBG funding for so many years in a row. 26. It should be noted that in the past, ''extensions" were given to others and us as a matter of practice of the City Council. Staff had made us understand that as long as we were making good faith progress with the construction that we would get the extension. We had made tremendous progress in the last year and especially in the last six months. We had our building permit, we had put the project out for bids, had awarded the lowest bidder, had a contract that was ready to be signed with this contractor and were ready to start construction. 27. Since it had been less than a month since a new CDBG allocation for 2002-2003 bad been_ given to JHSAL, JHSAL would secure a loan first to make sure the prq_iect would be completed, then start to raise the funds necessary so we would eventually not have to borrow any funds at all. At the time we had very prominent people in the community willing to help us get more funds, we also had funds that were verbally promised to us, we also were gearing up for a 9 1 golf tournament to raise funds and our Board of Directors were willing to come up with over 2 $100,000.00 ff need be. All ofthis had been communicated to the Ms. Fountain and Mr. Boensch 3 and they never gave me any indication that there were any problems. I had talked with my dad 4 Dominick Sorino and he said if need be, that we could take a loan on one of bis properties. We 5 also had a Board Meeting in which Barry McGrath mentioned he could also take a loan on bis 6 house, and Salvador Velazquez said likewise. So it was decided that if worst came to worst these 7 Board Members could come up with the necessary funding if need be. So it became our strategy 8 to first ask the City Council to waive the $150,000.00 matching funds requirement, like they did 9 for the Boys & Girls Club. I had read a newspaper article that said when the Boys & Girls Club 1 O had a $ 1 S0,000.00 matching requirement before the City Council waived the Matching 11 12 13 14 15 16 17 18 19 20 21 23 24 25 requirement. We felt very good about our situation and we were ready to start construction by June 1st 2002, and Bycor, the construction company that had the winning bid, said they could do substantial work by June 25th 2002 as Ci(y Staff su_ggested. We also had volunteer atto~ys that would make sure our contracts were in order. We also had a standard agreement ready to sign with the general contractor, which we shared with Frank Boensch. We also gave Frank Boensch the information concerning our bids, and he already had a copy of our invitation for bids book that he helped provide information for. Bycor won the bid fair and square; we showed Frank Boensch the results. We gave him everything he asked for construction budget, 5-year plan and everything in order to start construction by June I, 2002..-But Mr. Boensch never gave me any indication that everything was not in satisfactory or{ier. 28. Contrary to what Mr. Boensch states in his declaration, it was his suggestion that JHSAL_go to the Council and ask for a. "routine" extension. This is clear in his ~y 10, 2002 letter. After I learned that the combination of volunteers and paid labor would cause the project to lose its CDBG funds, I re-formulated my plans and I understood that it was all-or-nothing. I definitely did not tell Mr. Boensch or anyone else that JHSAL was going to use both paid labor __ 10 1 and volunteers. Even after the funding was taken away in 2002, I have continued to attempt to 2 obtain CDBG grants funding from the City. 3 29. Prior to May of 2001, our plan was to seek grants, in-kind services, material & cash 4 donations and volunteers to go along with CDBG funds to build our facility. After the City 5 changed the rules, so we bad a very short time to raise a lot of financing, as well as all the work 6 to successfully obtain building perm.its. So as noted here, JHSAL raised over you can see we ros 7 over $142,000 in cash between May of 2001 and early 2002 and thousands of dollars more in in- 8 kind contributions. 9 30. The City has required JHSAL to provide a lien on their property for every dollar that 1 O was allocated to JHSAL from the CDBG funding program. Even though the City admits that 11 12 13 14 15 16 17 1B 19 20 21 23 24 25 they only gave JHSAL a total of$44,000 in CDBG funds (in reimbursement), to this day the City maintains its liens on the JHSAL real property. These liens total more than $500,000. JHSAL has requested that the City release these liens voluntarily without the need to pursue legal action and the City has refused. Not only has the City denied JHSAL its legal right to the promised CDBG funds, by maintaining these liens the City makes it practically impossible for JHSAL to obtain any type of financing to construct this facility for these children on its own. Whether this is another example of racial discrimination by the City against this Hispanic organization is for someone else to answer. Even though the City knows this is illegal and knows the hardship that it places upon JHSAL, they maintain the liens in retaliation for JHSAL exerting it legal rights in this action and for attempting to demonstrate to the public that manipulative fashion that the city government actually treats its citizens. 31. "With regard t.o Paragraph 13 of Ms. Fountains declaration: (a) It is clear that the 20- year forgivable loan offered to the Boys and Girls Chili for the Bressi Ranch project was a ill- conceived attempt by the City to be able to assert that the City was treating all agencies the same after the City had already discriminated against JHSAL. The facts show that this project could _J_l 1 not conceivably be eligible for CDBG funds since there was no a shed of hope of proving that 2 50%, of the residents at the junction of Palomar Airport Road and El Camino Real were low- 3 income: The Boys and Girls Club, the staff of the City and HUD all knew this. So instead of 4 continuing with the farce, the Boys and Girls Club turned down those funds and would not agree 5 to the terms of the loan. (b) Regarding the rest of the proj_ects listed, they were given completely 6 different agreements than what we received It is my understanding that none of them had to put 7 their land up as collateral, and I also understand that none of them had to sign promissory notes 8 or deeds of trust or security agreements like JHSAL was forced to do in order to "qualify". Thus 9 these agencies were not hindered from getting a loan if they needed one, like JHSAL was 10 11 12 14 15 16 17 18 rn 20 21 23 24 25 hindered as a result of these liens (which as noted the City still refuses to release even though they admit that the funds have not been given). Many of the other agencies were given 5 year grants not 20 year loans. 32. The City knew that they did not have to have a trust deed, securit_y agreement and lien on the lliSAL property to protect their interest. Like any other Section 50 l (3) non-profit corporations, the assets and property of the corporation are irrevocably dedicated to charitable purposes, upon the dissolution or winding up of the corporation its assets remaining after payment, or provision for payment, of all depts. and liabilities of this corporation, would have been distributed to the only debt that existed, the City. If the City had acted the same with JHSAL as they acted with everyone else, and gave us the 5-year grant with the same terms as others, the City still would have great protection of its "loan". 33. The City first told us JHSAL would receive a 5-year grant like everyone else, which required no, Deed of Trust or Promissory Note. They imposed a 2Q-year loan, a Deed of Trust, a Promissory Note, a Security Agreement and placed liens on the real property. These continually hindered JHSAL from obtaining financing to pay for the project. The City also told us we could use volunteers, which would have saved us with the high cost of prevailing wages. Staff also 1 changed their minds on important issues at the last minute, which made the process slower and 2 harder. After the summer of 2001, Staff keep changing the rules, intentionally making it 3 impossible for IBSAL to construct the facility with CDBG funds. Any "slow progress" of the 4 Project was due to the City as much or more than JHSAL. The City did not do the things that 5 were promised; if they had done what they first told us they were going to do, the building would 6 have been built by 2001. 7 34. With regard to Paragraph 39 of Ms. Fountain's declaration: it is my understanding, 8 that the funds mentioned herein se were not the funds that were allocated to us, that were spent 9 but other funds the City had in the CDBG bank. The funds that were reallocated from us were 10 not spent until approxiinately a year after that April 15, 2003 HUD letter. 11 12 13 14 15 16 17 18 l9 20 21 23 24 25 35. With regard to Paragraph 46 of Ms. Fountain's declaration: JHSAL did everything that the City told us to do with regard to certification. The City never told us that we had to have, for example, one formal letter that identified that "there is $250,000 in the bank in cash". If t~ City had identified that that was necessary in order to "certify" then JHSAL would have done that, especially after the City Council rejected the extension on May 21, 2002. JHSAL had at least two different individuals who were more than willing to contribute cash and had the funds available to pay the complete difference between the estimated cost of construction and th allocated CDBG funds. 36. On June 12, 2002, I sent a letter to the City offering this amount in cash ($117,lgl). Ex. ) This was the based upon figure that we obtained from our contractor. He provided us wit the ••value-in" construction estimate. This was the figure that would produce the facility in a bare-bones _type of construction. It would pass all Ci_ty requirements but would not have any of "luxury" items that the completely finished facility would ultimately have. Thus the difference between that estimate and the allocated CDBG funding was this $117,119 and this was offered to the City in cash. _J_3 1 37. With regard to Paragraph 47 of Ms. Fountain's declaration: After we submitted both 2 the 50 page commitment from the winning bidder, ByCor. This document was capable of being 3 signed and binding as soon as the money was available, and the standard contract for this entire 4 project was submitted to the Mr. Boensch. After that time, I did not receive any notice, either 5 oral or in writing, from the City that anything more on that issue was necessary. There was 6 never any indication from the City that this proposal and contract were not approved or that there 7 8 were any problems with them. 38. With regard to Paragraph 48 of Ms. Fountain's declaration: this statement can not be 9 considered anything than an absolute attempt to deceive the Court. JHSAL definitely submitted 10 the construction budget. Both Ms. Fountain and Mr. Boensch admitted that at their depositions. 11 12 13 14 15 16 17 18 rn 20 21 . 2~ 23 24 25 Neither Ms. Fountain and Mr. Boensch ever told me, either in writing or orally, that the construction budget was defective in any way or that it did not have any necessary element that was required. As stated earlier, JHSAL did provide to the City, on more than one occasion, the project expenses ( these were again listed very specifically in the ultimate proposal from Bycor (which was accepted.as the final bid)) and had been submitted to the City. The "proof of revenues" is nothing more than another attempt to say that JHSASL did not produce evidence of the funds necessary. I have already shown that was proved in my declaration, in the paragraphs above. 39. With regard to Paragraph 49 of Ms. Fountain's declaration: this is an absurd statement. JHSAL provided the contract from the contractor, provided the cost of the construction in the form of a construction budget and proved that JHSAL had the funds to made up the difference between the construction costs and the allocated CDBG funds. The Cicy-staff did not tell JHSAL that any of those items had problems, then they go to the City Council and tell the Council that JHSAL had done "nothing" to provide any of the necessary documentation necessary or that the City had demanded. After the City Council denied JHSAL' s request for an _J.4 1 2 extension on May 21, 2002, JHSAL wrote to the City telling them that they had the cash ready to make up the difference between the cost of construction and the allocated CDBG funds. It is 3 impossible to understand how JHSAL could have then have done anything more what was done 4 in terms of requesting disbursement of the funds. I personally requested that the City disburse 5 the funds so that construction would be able to be commenced on several occasions. 6 7 8 40. With regard to Paragraph 50 of Ms. Fountain's declaration: It is impossible to respond to such an absurd statement other than to say in the most definite and emphatic terms possible: I, on behalf of JHSAL, responded at every occasion where the City even hinted that 9 some "documentation" was necessary on almost an immediate time frame. This project was/is 10 11 12 13 14 16 17 18 19 20 21 23 25 my lffo. I do not have any Job other than the completion of this project. If the City is going to stoup so low as to make a lie like this, then maybe it is impossible for a honest organization to work with them. I sat thru both Ms. Fountain and Mr. Boensch deposition and they did not give one example of any time where JHSAL failed to provide any requested "documentation"; on the contrary, there were numerous references to various demands from the City and at every turn both Ms. Fountain and Mr. Boensch admitted that the document was provided or the concern was alleviate. I declare under the penalty of perjury that the foregoing is true and correct. DATED: ill Ill ---~----- _j.5 FRANK SORlNO Declarant ·, 1 MICHAEL T. LARSEN, Esq., Bar #120617 LAW OFFICES OF MICHAEL T. LARSEN 2 6352 Corte Del Abeto Suite A 3 Carlsbad, CA 92009 (888)276-7453 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 19 20 21 22 23 24 25 SUPERIOR OF CALIFORNIA, COUNTY OF SAN DIEGO NORTH COUNTY DIVISION JOIN HANDS SA VE A LIFE, a California nonprofit corporation; FRANK SORINO, an individual Plaintiff & Petitioners, vs. CITY OF CARLSBAD and DOES 1-100, Defendants & Respondents, ) Case No.: No. GIN 036823 ) ) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF OPPOSITION AND OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION AND SUMMARY JUDGMENT Hearing Date: Hearing Time: Department: Judge: December 23, 2005 1:30 p.m. 31 Hon. Lisa Guy-Schall Complaint Filed: April 22, 2004 Trial Date: February 24, 2006 PLEASE TAKE NOTICE that Plaintiffs JOIN HANDS SA VE A LIFE, a California nonprofit corporation ("JHSAL"), and Frank Sorino, (collectively, "Plaintiffs"), do and will oppose and file and serve their Opposition to Defendant's Motions for a Summary Adjudication and for Summary Judgment. This Opposition is made pursuant of California Code of Civil Procedure section 437 et seq. and based upon the fact that the Defendant has failed to meet his burden. There are substantial issues of fact for a trier of fact to decide. -1- ..• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 This Opposition is based upon this Notice of Opposition, the accompanying Memorandum of Points and Authorities in Support thereof, the Declaration of Frank Sorino, the Separate Statement of Undisputed Material Facts, Notice of Lodgment and all of the files and pleadings of this matter on file with the Court and upon any and all such evidence and matters which may be presented at the time of the hearing on this matter. DATED: Ill Ill Ill -2- MICHAEL T. LARSEN, Esq. Attorney for Plaintiffs 1 MICHAEL T. LARSEN, Esq., Bar #120617 LAW OFFICES OF MICHAEL T. LARSEN 2 6352 Corte Del Abeto Suite A 3 Carlsbad, CA 92009 (888)276-7453 4 5 SUPERIOR OF CALIFORNIA, COUNTY OF SAN DIEGO 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NORTH COUNTY DIVISION JOIN HANDS SA VE A LIFE, a California nonprofit corporation; FRANK SORINO, an individual Plaintiff & Petitioners, vs. CITY OF CARLSBAD and DOES 1-100, Defendants & Respondents, ) Case No.: No. GIN 036823 ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY AD JUD I CATION AND SUMMARY JUDGMENT Hearing Date: Hearing Time: Department: Judge: December 23, 2005 1 :30 p.m. 31 Hon. Lisa Guy-Schall Complaint Filed: April 22, 2004. Trial Date: February 24, 2006 Plaintiffs and Petitioners, JOIN HANDS SA VE A LIFE, a California nonprofit corporation ("JHSAL"), and Frank Sorino, ( collectively, "Plaintiffs"), respectfully submits this Memorandum of Points and Authorities in Opposition to Defendant's Demurrer. -1- .; 1 2 3 4 TABLE OF AUTHORITIES STATE CASES Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826 ........................................................................................................ 3 5 Banerian v. O'Malley (1974) 42 Cal.App.3d 604 .............................................................................................. 14 6 Buehler v. Sbardellati 7 (1995) 34 Cal.App.4th 1527 ........................................................................................... 16 8 Cline v. Watkins 9 (1977) 66 Cal.App.3d 174 ............................................................................................. 18 10 Crouse v. Brobeck, Phleger & Harrison (1998) 67 Cal.App.4th 1509 ............................................................................................. 9 11 Day v. Rosenthal 12 (1985) 170 Cal.App.3d 1125 ............................................................................. .15, 16, 17 13 Feldesman v. McGovern 14 15 16 17 18 19 20 21 22 23 24 (1941) 44 Cal.App.2d 566 .............................................................................................. 17 Ishmael v. Millington (1966) 241 Cal.App.2d 520 ............................................................................................ 14 Lombardo v. Huysentruyt (2001) 91 Cal.App.4th 656 ............................................................................................. 17 Laube v. Laube (1998) 64 Cal.App.4th 421 ............................................................................................. 19 Musgrove v. Ambrose Properties (1978) 87 Cal.App.3d 44 .......................................................................................... 14, 15 Nichols v. Keller (1993) 15 Cal.App.4th 1672 ....................................................................................... 9, 17 Onciano v. Golden Palace Restaurant, Inc. (1990) 219 Cal.App.3d 385 ........................................................................... ; ......... .14, 17 Park Area Neighbors, 25 (1994) 29 Cal.App.4th 1450 ............................................................................................ 6 .· 1 Silva v. Lucky Stores, Inc. (1998) 65 Cal.App.4th 256 ............................................................................................ 13 2 3 Sukoff v. Lemkin (1988) 202 Cal.App.3d 740 ............................................................................................. 9 4 Van Dyke v. Dunker & Aced 5 (1996) 46 Cal.App.4th 446 ............................................................................................... 9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .· 1 2 3 4 CODES & RULES OF PROFESSINAL CONDUCT Code of Civil Procedure§ 437c ................................................................................................... 3 Code of Civil Procedure § 1011 ................................................................................................... 6 5 California Code of Evidence§§ 951-955 .................................................................................. .16 6 Rules of Professional Conduct Rule 5-102 (B) .......................................................................... .16 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Plaintiffs and Petitioners, JOIN HANDS SA VE A LIFE, a California nonprofit corporation ("JHSAL"), and Frank Sorino, (collectively, "Plaintiffs"), respectfully submits this Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication and Summary Judgment. I. SUMMARY OF ARGUMENT "A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter oflaw." (C.C.P. § 437c (c).) The Courts have consistently held that the party "movin for summary judgment 'bears the burden of persuasion that "'one or more elements of' the 'cause of action"' in question '"cannot be established,"' or that "'there is a complete defense"' thereto."' Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. (Code Civ. Proc.,§ 437c, subd. (a). As will be shown by the California authorities cited supra., the Defendant has failed to meet thei burden since they can not conclusively show that there are no triable issues of fact. There are four main reasons that the court should deny the motion for Summary Judgment: (a) the Defendant breached the agreement prior to any alleged breach or any alleged lack of performance by the Plaintiffs; (b) failure of the credibility and the questionable motives of the Defendants' witnesses; (c) the evidence presented by the Defendants is vague, ambiguous 19 20 21 22 23 24 25 and thus parol evidence must be allowed or ( d) any alleged defective performance by Plaintiffs is excused as a result of Defendant's actions and/or the Defendant has made it impossible for the Plaintiffs to perform. Plaintiffs have listed the evidence that supports their position on the Separate Statement, filed and served herewith and will clarify in these Points and Authorities not only how the -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Defendants failed to meet their burden of proof, and will use the Defendants' witnesses, employees and expert to show that these motions must be denied. II. BACKGROUND The Defendant City has granted JHSAL the necessary permits necessary for JHSAL to construct a Recreational Facility of 6,175 square feet on the Property. Between 1995 and 2004, in connection with the City's approval of the land use permits for construction and operation of the JHSAL property, the City also authorized CDBG grants to JHSAL in excess of $500,000.00. These construction permits and CDBG grants were approved by the Carlsbad City Council ("City Council") by written Resolutions and Council Minutes. On or about April I, 2004, the City, without prior notice, arbitrarily and capriciously, denied JHSAL the use of the previously allocated CDBG grant funds and re-allocated said funds to other agencies. Complying with Government Code section 810 et. seq., on or about September 25, 2003, the Plaintiffs filed a claim in the amount of $35,599,063.00 with the City. In that claim, Plaintiffs contend that the City entered into a contract with JHSAL wherein the City agreed to allocate funding of $599,063 to JHSAL by the use of CDBG grants for the construction of the Project; that JHSAL relied upon the agreement with the City and fully complied with all of its contractual obligations; that the City breached said contract in the denial of this allocation and 19 20 21 22 23 24 25 the allocation to other agencies; that the City discriminated against JHSAL in the process of the requirements imposed on JHSAL by the City and in the process of the denials and re-allocations of the CDBG grant funds; and that as a result of these illegal and unconstitutional acts and malfeasance, JHSAL was damaged. The Plaintiffs' Verified Complaint was filed on April 22, 2004. III. ARGUMENT -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Not only do the Defendants have the burden of proof, but the evidence of the moving party should be strictly construed and the evidence of the opposing party should be liberally construed. Van Dyke v. Dunker & Aced (1996) 46 Cal.App.4th 446, 450-1. "Doubts as to the propriety of granting the motion must be resolved in favor of the party resisting the motion." Crouse v. Brobeck, Phleger & Harrison (1998) 67 Cal.App.4th 1509, 1524. Furthermore, unless the court finds that the moving party has meet this burden by their initial showing, the burden does not shift to the plaintiff and the motion must be denied irrespective of the opposing party's showing. Nichols v. Keller (1993) 15 Cal.App.4th 1672, 1681-1682. A. ON ALL CAUSES OF ACTIONS EXCEPT FIRST, THIRD AND FIFTEENTH 1. FAIL URE OF DEFENDANT TO PROVE PLAINTIFFS EITHER BREACHED OR FAIL URE TO PERFORM The elements of a cause of action for breach of contract, one must plead the contract, his performance of the contract or excuse for nonperformance, a breach and the resulting damage. Lortz v. Connell (1969) 273 Cal.App.2d 286, 290. The Plaintiffs will show that there are reasonable questions of fact that must be heard and determined by the trier of fact in this case. The Defendant is asserting that they have shown that all Subrecipient Agreements (hereinafter "Sub. Ag.") have been breached and or that the Plaintiffs did not comply with some term of the Agreements and the court must rule as a matter of law that there is no evidence that would allow a reasonable person to differ on the evidence presented by the Defendant. The Plaintiff, herein, will show that this case has numerous issues that must be heard by the trier of fact and that the Defendant's actions caused any alleged defective performance by Plaintiffs. Initially the Plaintiffs will offer the Court the evidence, a great majority of will be from the Defendant's own witnesses. Then, the Plaintiffs will show how the Defendant has failed to -3- 1 meet their burden proof and the Plaintiff have provided more than adequate proof that each the 2 four theories presented earlier require that the evidence be heard by a trier of fact. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On November 20, 2000 JHSAL and the City of Carlsbad entered into a Sub. Ag. which allocated $312,307 in CDBG funds that had accumulated since 1994. (Sorino Dec. ,r11) There were three Subrecipient Agreements that had been signed by both the City and JHSAL. (Ex. I, 2, 3) In order to "qualify" for the CDBG funding, the City required JHSAL to sign a promissory note, provide a security agreement and sing a Deed of Trust. (Sorino Dec. ,r3, 4, 5, 6, 7, 30, 31, 32, 33). No other agency that received CDBG funds had any of these requirements. (Sorino Dec. ,r3, 4, 5, 6, 7, 30, 31, 32, 33). JHSAL was continually progressing in this quest to fulfill all requirements necessary in order to have access to the CDBG funds. (Sorino Dec.,r11, 13, 26, 33). Frank Boensch was the manager assigned by the City for the JHSAL project with regard to the CDBG funding. Mr. Boensch had never even "seen any major construction subrecipient agreements" prior to the JHSAL project and the JHSAL project was the "only one" he ever worked on. (BOENSCH DEPO. pg. 54, In. 12-17). Between 1994 and 2001, it had always been the plan of JHSAL to make up the difference between the allocated CDBG funds and the cost of construction using in-kind contributions and volunteer labor. (Sorino Dec. ,r11, 14, 15, 16, 17, 18, 19). At some point between March and May 2001, Defendant told JHSAL that a (a) combination of volunteer workers and paid workers or (b) a combination of in-kind service and paid workers were unacceptable practices and would make JHSAL ineligible for CDBG funding. (BOENSCH DEPO. pg. 108 2-25; 109 1-23; pg. 299, In. 14-25; Sorino Dec.,r11, 14, 15, 16, 17, 18, 19). As of this time frame, JHSAL had commitments of in-kind contributions and commitments of volunteer labor sufficient to finish -4- 1 the project. (Sorino Dec. if20). Between this time and June 2002, based upon the amount of in- 2 kind and volunteers that had been recently acquired, JHSAL is positive that JHSAL would have 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had enough contribution to complete this differential and to construct the facility. (Sorino Dec. ,r1 I, 14, 15, 16, 17, 18, 19). Between 1994 and this new information, the City had continuously and consistently told JHSAL that a (a) combination of volunteer workers and paid workers or (b) a combination of in-kind service and paid workers were acceptable practices and did not make JHSAL ineligible for CDBG funding. (BOENSCH DEPO. 134, 1-16; 135 16-19; 13; FOUNTAIN DEPO. pg 119, In 16-20; Sorino Dec. ifl 1, 14, 15, 16, 17, 18, 19). Prior to leamin this HUD "requirement", Frank Boensch did not know of this "requirement" and understood that a combination of in-kind/volunteers and paid labor would not make a subrecipient ineligible for CDBG grant funds. (BOENSCH DEPO.134 19-25; 135 1-19) Mr. Boensch admits that between the time he began work with the City handling the CDBG program in 1998 thru the summer of 2001, he did not know that the combination of volunteers and paid labor would make a recipient ineligible for CDBG funds. (BOENSCH DEPO. pg. 200, In. 17-24). Prior to learning this "requirement" from a HUD official, Mr. Boensch admits that he did not know this prior to that time. (BOENSCH DEPO. pg. 135, In. 11-16). Frank Boensch of the City staff claims to have learned about the "all-or-nothing" ruling from a HUD representative. (BOENSCH DJ;PO. pg 108, In 1-11). Within a week ofleaming o this "requirement", Frank Boensch informed his supervisor Ms. Fountain. It was his understanding from that conversation that she had not been aware of this prior to the information received from Boensch. (BOENSCH DEPO. pg. 203, In. 3-19; pg. 256, In. 3-8) The staff of the City acknowledges that it had given JHSAL wrong information since 1994 regarding the in- kind/volunteer issue. (Serino Dec. ,r11, 14, 15, 16, 17, 18, 19). The staff of the City admits -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that when they told JHSAL that a (a) combination of volunteer workers and paid workers or (b) a combination of in-kind service and paid workers were unacceptable practices and would make JHSAL ineligible for CDBG funding, the staff was not basing this information on any changed HUD ruling or regulation but only upon a "changed interpretation" of an existing rule. (FOUNTAIN DEPO. page 120, In. 13-25; 121, In. 1). City admits that "Whether or to a year later you could ask and get a different interpretation is subject to debate". (FOUNTAIN DEPO. page 122, In. 1-14). The City never informed JHSAL that this was just a "new interpretation" or that JHSAL could go to HUD and appeal this "interpretation". (Sorino Dec. ifl 7). The City informed JHSAL that this was an absolute HUD "requirement". (Sorino Dec. ,r17). From 1994 to the summer of 200 l, JHSAL consistently and continuously relied upon the representations of the City staff when staff told JHSAL that a (a) combination of volunteer workers and paid workers or (b) a combination of in-kind service and paid workers were acceptable practices and did not make JHSAL ineligible for CDBG funding. (Sorino Dec.,r11, 14, 15, 16, 17, 18, 19). At the time that JHSAL had signed the November 2000 Subrecipient Agreements, it was JHSAL's clear understanding that a (a) combination of volunteer workers and paid workers or (b) a combination of in-kind service and paid workers were acceptable practices and did not make JHSAL ineligible for CDBG funding. (Sorino Dec.,r11, 14, 15, 16, 17, 18, 19). JHSAL obtained this understanding from an affirmative statements given to Frank Sorino by the Defendant between 1994 and 2001. (Sorino Dec.,r11, 14, 15, 16, 17, 18, 19). Up until the summer of 2001, Frank Sorino understood that JHSAL would be able to use the combination of volunteers/in-kind and paid labor to obtain the differential between CDBG funds and the costs of construction. (Sorino Dec. ,r11, 14, 15, 16, 17, 18, 19). Had JHSAL been allowed to use the combination of in-kind/volunteers and paid labor, JHSAL would definitely -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 have been able to have a substantial portion of the construction completely by May of 2001. (Sorino Dec. ,16). This new requirement doubled and maybe even tripled the cost of construction of the facility. (Sorino Dec. ,15). Instead of being able to use volunteers and in- kind contributions, JHSAL was now required to use not just paid labor at the prevailing rate but union labor. (Sorino Dec. ,15). Even the City Council acknowledged that "every one of these projects at some point in time has had some sort of volunteerism". (Ex. 9, pg. 4, In. 7-9). Yet the City kept treating JHSAL differently than the City treated other similarly situated agencies. (Sorino Dec. ,3, 4, 5, 6, 7, 9, 10, 30, 31, 32, 33). Nonetheless, after staff claimed that the combination of volunteers and paid labor would make JHSAL ineligible for CDBG funds, the City staff steadfastly refused to cooperate with JHSAL and did everything in their power to prevent the JHSAL project from being constructed with CDBG funding. (Sorino Dec. ,17, 18, 19, 21, 33). It was the staff of the City which caused the delays or inability of JHSAL to meet any of the conditions of the Sub. Ag. (Sorino Dec. ,17, 18, 19, 21, 33). In all of the subsequent reporting to the City Council about this project and/or discussions on reallocation of the funds, the staff never once mentioned that is was the staff's fault that the Project was not able to be constructed on a timely basis and Staff made misstatements of fact and told the Council that JHSAL had not provide any of the 19 20 21 22 23 24 25 requested documentation. These were false statements. (Sorino Dec. ,17, 18, 19, 21, 33). Although this new "requirement" completely changed the complexity of the entire Project and drastically increased the difficulty of obtaining the differential in the money (between CDBG funding and the cost of construction), the staff of the City did nothing to enable the Plaintiff to have any more time to find this funding or to work with JHSAL in working with the proposed funding agencies. (Sorino Dec. ,17, 18, 19, 21, 33). In fact from this time on, the -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 staff of the City now begin to do everything in their power to place obstacles in front of the construction of the Project. (Sorino Dec. ~17, 18, 19, 21, 33). During this same time frame where the Defendant had completely changed understanding of the terms of the Sub. Ag. that the Plaintiffs had understood at the time of their negotiation and signing of the Agreement (Sorino Dec. ~I I, 14, 15, 16, 17, 18, 19), HUD was becoming more "aggressive" with the Defendant. (FOUNTAIN DEPO. pg. 94, In. 3-7; (Sorino Dec. ~19). HUD began to be more "aggressive" with the Defendant in 2001. (BOENSCH DEPO. pg. 135, In. 7-15). Defendant City started to received notices in 2000, and had received several letters in 2002. (FOUNTAIN DEPO. pg. 41, In. 13-15). However, the letters "continued to notch up their restrictions where they got to the point of saying there would be sanctions." (FOUNTAIN DEPO. pg. 91, In. 16-18). The first time that HUD mentioned possible sanctions was in 2001. (F pg. 94, In. 14-16). HUD was increasingly concerned that the Defendant would fall out of compliance by not meeting the obligation to spend the HUD funds on a timely basis. (FOUNTAIN DEPO. pg. 40, In. 13-19) The HUD requirement was that the Defendant could only maintain a balance of CDBG funds which was 1.5 times the City's annual allotment of CDBG funds. (FOUNTAIN DEPO. pg. 40, In. 13-19). At this time the annual allotment was 18 19 20 21 22 23 24 25 approximately 620 to 650k (FOUNTAIN DEPO. pg. 100, In. 18-19) and the City had until April 30 of2002 to get into compliance with HUD requirements. (BOENSCH DEPO. pg. 156 19-25; pg. 157, In. 1). Mr. Boensch doesn't know of any "law" or "written procedure" in the City of Carlsbad which would outline the criteria for the determination of when an extension can be made administratively versus when it need to be decided by the city council. (BOENSCH DEPO. pg. 47, In. 7-15). -8- 1 2 3 4 Although Mr. Boensch claims to be unaware of any written policy from HUD regarding out-of-compliance sanctions, he did admit that the first year, the City would not lose any CDBG funding as a sanction (BOENSCH DEPO. page 64, In. 15-25; page 65, In. 1-25; pg. 163, In. 3- 8). Later in the same deposition, Mr. Boensch states that after the first year, the City "would be 5 in danger oflosing a portion of your funds, your future funds." (BOENSCH DEPO. 163, In. 9- 6 12). The staff of Defendant city asserts that they "never formulated any policies to stay in 7 8 9 10 11 12 13 14 15 16 17 compliance." (BOENSCH DEPO. 68, In. 6-15). City admits that HUD is "being more aggressive" than since the City sent its May 23, 2001 to Subrecipients. (BOENSCH DEPO. pg. 135, In. 7-15). It is Frank Boensch understanding that by 9/4/01, the City was already out of compliance, even though he stated earlier that the City was still "in-compliance". (BOENSCH DEPO. pg. 157, In. 9-19; pg. 158, In. 8-11). He further asserts that the City went "out of compliance" between 6/22/01 and 4/30/02. (BOENSCH DEPO. pg. 162, In. 20-25; pg. 163, line 1). The "aggressive" letter from HUD of 6/22/01 did not result in any policy changes with the City regarding CDBG grant funds; nor did the staff plan to do anything different prior to the 4/30/02 deadline. (BOENSCH DEPO. pg. 160, In. 16-25; pg. 161, In. 1-4). In his declaration, submitted under the penalty of perjury, in support of Defendant's 18 19 20 21 22 23 24 25 Motions, Frank Boensch asserts that "On or before June 30, 2002, Plaintiffs did not submit a construction budget with project expenses and revenues with proof of revenues which are available for use on the proposed project." (BOENSCH DEPO. Dec. if21). However, at his deposition Mr. Boensch admits to receiving the "construction budget" from JHSAL. (BOENSCH DEPO. pg. 23, In. 11-13; pg. 40, In. 11-13; Ex. 8; pg. 92, In. 25; pg. 93, In. 1-9;) and a "final construction budget". (BOENSCH DEPO. pg. 225, In. 14-25; pg. 226, In. 1; pg. 249, In. 19-25). Mr. Boensch claims that the requirement of an "approved budget" derives from the Subrecipient -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agreement. (BOENSCH DEPO. pg. 103, In. 12-25). Boensch admits that he doesn't know if anyone at the City had told JHSAL that (a) the "budget" had to be approved; or (b) that there were any problems with the one that JHSAL had submitted to the City. (BOENSCH DEPO. pg. 137, 21-25; pg. 138, In. 1-3). He also admits that nobody from the City ever told JHSAL that their submittal did not comply with the "requirement of a final construction budget". (BOENSCH DEPO. pg. 226, In. 5-10). Mr. Boensch then admits that he doesn't know whether the condition of the Agreement "requires approval or just submittal" of the final construction budget. A review of the three Sub. Ag. do not reveal any requirement of an "approved budget". The staff is the policy-maker i.e. they determining policy that only elected officials should decide. Mr. Boensch asserts that JHSAL had not complied with the Sub. Ag. since they did not submit a "operational budget". (BOENSCH DEPO. pg. 150, In. 5-11). He then admits that JHSAL had submitted a 5-year operating plan. (BOENSCH DEPO. pg. 182, In. 13-17; pg. 188, In. 13-19). Again, he cannot recall whether anyone from City ever notified JHSAL that the 5- year operating plan was not "approved". (BOENSCH DEPO. pg. 182, In. 18-25; pg. 183, In. 1- 25). He later asserts that JHSAL was not ready for construction since "the operating budget hadn't been approved." (BOENSCH DEPO. pg. 186, 21-25; pg. 187, In. 1-2). He asserts that this is required by the Sub. Agreements. (BOENSCH DEPO. pg. 187, In. 3-20). He then admits that JHSAL had submitted a "five-year budget" to his department prior to May 10, 2002. (BOENSCH DEPO. pg. 215, In. 15). He also acknowledges that there are no "written guidelines' where a subrecipient could find the criteria for what "needs to be in the approved budget in order to be approved". (BOENSCH DEPO. pg. 217, In. 2-8). Mr. Boensch admits that City never wrote to JHSAL to inform them that the previously submitted "five-year operating plan" had -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 problems. (BOENSCH DEPO. pg. 221, In. 14-18). Staff is making rules that no one can ever challenge. These issues are ripe for a jury. Mr. Boensch admits that the certification of funds is distinct and independent of the submittal of a final construction budget; that a subrecipient could submit documents separately to comply with the Agreement. (BOENSCH DEPO. pg. 222, In. 1-25; pg. 223, In. 1-25; pg. 224, In. 1-25; pg. 225, In. 1-9) On May 13, 2002, Mr. Boensch wrote to the City Manager (Ex. ) and asserted that it is important to note that Join Hands project has also been conditioned to submit a construction budge for approval by the Housing and Redevelopment Director. The budge must be approved before any remaining CDBG funds may be released for construction purposes. The budget must show that adequate funds are available to complete construction of the facility. In addition, a five-year operating plan for the facility must also be approved by the Housing and Redevelopment Director prior to the release of additional funds. The construction budget and operating plan have not yet been submitted to the City for review. Although Mr. Boensch acknowledges that both of these documents were "submitted" (se above), he asserts that the construction budget and five-year budget were not submitted to the City prior to the letter of May 13, 2002, but were submitted to the City prior to the council meeting on 5/21/02. (BOENSCH DEPO. pg. 240, In. 1-22). He does admits that the purpose of the letter was to "inform the City Council" and that Mr. Boensch sends it to the City Manager only as a matter of protocol, but is sure that the letter will be passed from the City Manager to the City Council. Even though there is only 8 days between the letter and the council meeting, and Mr. Boensch acknowledges receipt of both documents prior to the City Council hearing, Mr. Boensch doesn't know anything that was done to inform the City Council of these inaccuracies. (BOENSCH DEPO. pg. 241, In. 3-16; pg. 245, ln. 14-25; pg. 246, In. 1-4). Based upon the testimony of the staff at the 5/21 /02 hearing, it is clear that these "inaccuracies" had not been eliminated by staff. (Sorino Dec. ,r9, 10, 30, 31, 32, 33). -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Ex. 31 (dated 5/13/02) is a "form that's used when doing subrecipient monitoring, that's filled out to show that the subrecipient monitoring had been done" (BOENSCH DEPO. pg. 243, In. 8- 12). Mr. Boensch admits that when he filled out this form, he did not find any other problem with JHSAL project except the need for a financial statement (which was submitted by JHSAL t). (BOENSCH DEPO. pg. 242, In. 4-9; pg. 243, ln. 16-25; pg. 244, 1-4). This is only eight days prior to the 5/21/02 hearing before the Council where all monies were taken away from JHSAL and Mr. Boensch does find any problem with JHSAL; one would never know that based upon staffs performance at the hearing. (Serino Dec. ~17, 18, 19, 21, 33). The Defendant has asserted that since the "~laintiffs failed to perform and that the City did not breach the November 2000 agreement" (Moving P&A pg. 9, In. 5-6), that the Judgment is "appropriate". An examination of the logic would mean that the Defendant is claiming to have produced absolute unequivocal evidence of a non-event i.e. Defendant's breach. Since that is impossible, we now know there is only one way that the Defendant is entitled to the Court's attention. Prior to the burden shifting to the Plaintiff, the Defendant must show that the Plaintiffs either breached the Agreements or failed to perform. The Plaintiffs will show that the Defendant has not met his burden that thus the Court need not go further. 19 20 21 22 23 24 25 The 11/20/00 Sub. Ag. has six conditions under the category of "Disbursement of Funds": (a) Contractor Estimate; (b) Budget; (c) Execution, Delivery and Recordation of City Loan Documents; (d) Redesign of Facility; (e) Building Permits; and (f) ~onstruction Contracts. The 8/24/01 Sub. Ag. is exactly the same except "Redesign of Facility" is non-existent in this Agreement. The 6/25/01 Sub. Ag. is exactly as the same as the 11/20/00 Agreement except that the category "Redesign of Facility" is eliminated and there is another category called "Matching -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Funds". The Defendants have not made any assertion that the Plaintiffs have failed to comply with any of the requirement of and of the categories of Contractor Estimate, Execution, Delivery and Recordation of City Loan Documents; Redesign of Facility; Building Permits or Matching Funds. The Defendants are asserting that the Plaintiffs failed to comply in some fashion with only the two categories entitled Budget and Construction Contracts. The category of "Budget" states: Subrecipient shall certify to the City in writing that the City Loan, together with any other financing to be provided by or obtained by Subrecipient, is projected to be sufficient to pay all estimated construction, and other related development cost of the proposed project. This certification shall include a construction budget with project expenses and revenue for said project. Payment for eligible expenses shall be made in accordance with said construction budget to be provided as Exhibit "B" to this Agreement and in accordance with performance. Subrecipient must certify that the budget includes only allowable cost and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. The Defendant has attempted to convince the Court that the Plaintiffs did not comply with the three Sub. Ag. since the Plaintiffs have failed to certify that there was in there possession adequate funds to supply the differential between the construction costs and the allocated CDBG funds. However, the evidence proves otherwise. Mr. Boensch admits that Sorino either told him or wrote to him telling City that "adequate funds are committed to complete the project." (BOENSCH DEPO. pg. 238, In. 19-25; Sorino Dec. ,r13, 18, 20, 22, 24, 27, 29, 35, 236, 38, 39). Mr. Boensch agrees that fundraising information was provided by JHSAL. (BOENSCH DEPO. pg. 145, In. 9-15; (Sorino Dec. if18, 20). ). He also claims not to know why it was submitted. (BOENSCH DEPO. pg. 145, In. 15- 25). JHSAL had offered to lease the property as another way to raise the money. (BOENSCH DEPO. 146, In. 3-16). Mr. Boensch never gave JHSAL an opinion as to whether this was acceptable or not. (BOENSCH DEPO. pg. 146, In. 17-25). Mr. Boensch admits that the loan -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with LaRaza either would have made up the entire difference between construction costs and CDBG funds or would make up the majority of that difference. (BOENSCH DEPO. pg. 149, In. 5-13). JHSAL had raised over 100k in fundraising in 2001 and was raising that much more in 2002. Mr. Boensch says that he didn't know whether that was true based upon a financial statements from JHSAL, but it could have been since it could have been funds that "had been promised". (BOENSCH DEPO. pg. 194, In. 15-25; pg. 195, ln. 1-12). He also admits that he never asks JHSAL for documentation to show whether it was true or not. (BOENSCH DEPO pg. 195, ln. 14-16). He also admits that JHSAL had contributed over 60,000 of their funds and had commitments of 160,000 in donated services. (EX. 25; B pg. 208, In. 4-7). Mr. Boensch admits that a document sent by JHSAL to Boensch "would help document any written certification as to what funds were available to finance the project." (BOENSCH DEPO. pg. 218, ln. 3-9). However, admits that City never told JHSAL that this document was "insufficient to meet the condition" of the Agreement. (BOENSCH DEPO. pg. 220, In. 5-12). He acknowledges that he didn't tell JHSAL after JHSAL had submitted Ex. 27 that this did not satisfy the condition of certification of funds. (BOENSCH DEPO. pg. 220, ln. 5-13). Mr. Sorino has declared that he did certify to the City that there was sufficient money t pay the difference between the estimated construction costs and the allocated CDBG funds. (Sorino Dec. ,rl3, 18, 20, 22, 24, 27, 29, 35, 236, 38, 39). Mr. Sorino did this at least twice i two distinct ways: (a) notice to the City that JHSAL had procured a loan which was sufficient· and (b) notice to the City that he had certified cash. (Sorino Dec. ,rl3, 18, 20, 22, 24, 27, 29, 35 236, 38, 39). The first of these two certifications arose when the City, at the last possibl moment prior to beginning construction, notified JHSAL that the plan that had been accepted b both parties for over 6 years was now unacceptable and would make JHSAL ineligible to receiv -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any CDBG funding. (Sorino Dec. ifl 1, 14, 15, 16, 17, 18, 19). Then again at the eleventh hour even though the City allocated another $150,000 to the JHSAL project, the City conditioned thi upon a dollar for dollar matching fund requirement. This did not happen until March 2002. (Sorino Dec. i[21) On April 22, 2002, Mr. Boensch wrote to JHSAL and told them that "Cit staff will not be able to support any further extensions on use of the funds unless constructio activity has begun by June 1st at the latest, and substantial work is completed on the project b June 25th." (Sorino Dec. i[24; Defendant Ex.18). However, Mr. Boensch, less than 60 days late writes that all funds have to be spend by June 30, 2002. (Ex. 5). JHSAL obtained commitment from two different loan agencies to obtain the necessary funds to certify that there wer sufficient funds. (Sorino Dec. i[22, 23, 24, 27, 31, 32, 33). Staff refused to even consider th details of these loans because they were claiming that the City could not subordinate their loan t any other lender. (Sorino Dec. ill 3, 18). JHSAL told the City staff that one of the lenders woul lend the money even without the subordination. (Sorino Dec. i[l 3, 18). Nonetheless, the staff di not tell the City Council this when this issue came before the Council on May 21, 2202. (Sorin Dec. i!13, 18). :rhe staff also told the Council that JHSAL had done nothing to satisfy th documentary requirements. (Sorino Dec. i!39). Then on May 21, 2002, the City Council, base upon entirely erroneous and malicious information from the City staff, refused to allow JHSA an extension to use the CDBG funds. (Sorino Dec. ill 7, 18, 19, 21, 33). After the decision by the Council, JHSAL submitted a letter to the City (Ex. ) explaining that they had the certified cash funds sufficient to complete the project. The City replied that: The City will not be able to release any of the CDBG funds for the project becau.se it will not be possible for Join Hands to utilize them all before June 30th deadline. Join Hands has not shown that adequate financing is available to -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 complete construction of the project without use of CDBG funds after the June 30th deadline. (Ex. 5). Thus the City had placed JHSAL in the ultimate catch-22 -the funds will not be release since you can't spend the funds. The City breaches the agreement and acts in bad faith whe they first tell JHSAL that "work began and substantial work completed by June 30, 2002' (Defendant Ex. 18) is sufficient to comply and now suddenly the condition changes to all mone needs to be expended by June 30, 2002 and since you can't accomplish this we will not give yo the money. The Plaintiffs have shown above that there is substantial evidence that the Plaintiffs would have had those funds via the volunteers and the in-kind contributions. Furthermore, the plaintiffs have also shown that the staff of the City took all necessary steps to insure that the Plaintiffs were not able to meet this condition through other means (loan, fundraising, or obtaining funds from leasing the property). Nonetheless, the Plaintiffs have produced evidence from Mr. Sorino that outlines that the necessary funds were available to Plaintiffs, prior to June 1, 2002, to meet this condition, but the staff of the City disallowed JHSAL from complying with this condition. The staff of the City admitted on numerous occasion that they had received construction budgets, budgets of operational costs and documentation on financial information. JHSAL has produced substantial evidence that they were willing and able to perform, including having the necessary funds. The category of "Construction Costs" states: Subrecipient must submit and receive City approval of all contracts that the Subrecipient has entered, or proposed to enter into, for construction of the subject facility. Each construction contract that the Subrecipient enters for construction of the proposed facility shall provide that at least ten percent (10%) of the costs incurred shall be payable only upon completion of said contractor's construction. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JHSAL has provided evidence that it did submit all contracts which would b entered into for the construction of the facility. (Sorino Dec. i!24, 26, 27, 36, 37, 39). JHSA has also provided proof that the City did not acknowledge or give any notice that there was an problems or concerns with the contractor proposal or contract. (Sorino Dec. i!24, 26, 27, 36, 37 39). JHSAL has shown uncontrovered evidence that the only thing that remained to be done wa to sign the contracts in order for them to be valid. (Sorino Dec. i!24, 26, 27, 36, 37, 39). Agai the City staff, because of their desire to eliminate the JHSAL allocation from their CDB budget, in order to regain compliance with HUD and to maintain their jobs, were making up th rules as they went. (Sorino Dec. ill 7, 18, 19, 21, 33). Even though the Sub. Ag. did not requir an "approved budget" or any "approved construction schedule", and because JHSAL continue to comply, the staff keep changing the rules. (Sorino Dec. ,rl7, 18, 19, 21, 33). When JHSA found a loan to certify the funds, the staff created the idea that this would somehow violated th "redevelopment permit". This is the pretext used as the claim that they could not approve th loan when they were deposed. The staff refused to tell the council that JHSAL could obtain loan irrespective of the subordination issue. (Sorino Dec. i!l7, 18, 19, 21, 33). When JHSA refused to stop there and told the City that there was cash that was sufficient to make up th difference, the City only response was: "too bad since you can't spend it all, I will not give yo any of it". The actions of the City have clearly made it impossible for JHSAL to comply wit the necessary condition of this contract. Furthermore, the staff admits that none of the decisions that were made regarding "approved budget", "approved construction schedule" et. al arose from any rule, regulation or written policy or procedure from which any subrecipient would be able to determine whether or not they were complying with the requirements. However, since there are no written policies or -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 rules to determine the "requirements", the staff had the ability and apparently the audacity to make up the rules as they went along. When staff is concerned that their job may be on the line if the City continues to be out of compliance with HUD, the most simple solution is to eliminate the biggest CDBG project that exists i.e. JHSAL. Since the Defendant has not meet their burden of prove and in fact the Plaintiffs have shown that the Plaintiffs neither breached the contract nor failed to comply with the terms thereof, therefore the Defendant's Motions must be dismissed. 2. EVIDENCE SHOWS DEFENDANT'S BREACH, FAIL URE OF CREDIBILITY OF WITNESSES AND NEED FOR P AROL EVIDENCE The Plaintiffs have produced incontrovertible evidence that at the time that the November 20, 2000 Sub. Ag. was signed by Defendant City and the Plaintiffs, there was a "meeting of the minds" regarding the use of a ( a) combination of volunteer workers and paid workers or (b) a combination of in-kind service and paid workers. This clear understanding was that these were acceptable practices and did not make JHSAL ineligible for CDBG funding. JHSAL relied upon these understandings and had worked for over six years in obtaining the necessary volunteers an in-kind contributions that would allow the non-profit recipient of the CDBG funds to supply the differential between the construction cost and the CDBG funding. The Plaintiffs have shown that the is clear evidence that not did the staff not do their job and go to ever length to find a way 19 20 21 22 23 24 25 that the agreed upon plan (use of volunteers) could still be used or provide information to JHS so that they could appeal this ruling to HUD or at the very least, be truthful with the City Council as to the reason that the construction had not already started. Instead the staff protected themselves and stabbed this project in the back and are now attempting to do the same thing again. -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "A person cannot take advantage of his own act or omission to escape liability. If h prevents or makes impossible the performance or happening of a condition precedent, th condition is excused. " Lortz v. Connell, (1969) 273 Cal.App.2d 286, 290. The Plaintiff have shown that it was the Defendant who breached this November 2000 contract by changing the agreed upon terms of the contract right when the Plaintiff was getting into a position to perform. The Defendant can not hide behind the law, claiming that it was the Plaintiffs responsibility to understand these vague and ambiguous HUD regulations, let alone new "interpretations". Ms. Fountain, has been certified as the Defendant's expert in this case on all issues relating to CDBG funding, and she did not know this "requirement" in 2001. The Plaintiffs properly relied upon the City to provide them the proper information in order to obtain the HUD funding and the City negligently or deliberately (doesn't matter) deceived JHSAL. When asked on two occasions whether the City had ever waived a matching fund requirement, Mr. Boensch strongly asserted that the City had not done so, nor had the City waived the matching fund for the Boys and Girls Club. (BOENSCH DEPO. pg. 116, In. 16-25). However, in a staff discussion regarding JHSAL with the City Council on May 21, 2002, Mr. Boensch responds to the Mayor by saying "There was matching funds attached to the Boy's and Girl's Club project, and we did also give them validity to waive a few years to start their project, that's true." (Ex. 7, pg. 1, In. 22-25). At this same meeting, Ms. Fountain did quite a job of not providing the Council accurat~ information. The Council was very concerned about losing the CDBG funding and Ms. Fountain played on that fear by providing the Council inaccurate and intentionally fearful news: HUD may "take $100,000 away from you", will come "from one of our projects or the Affordable Housing Reserve Fund"; and the ultimate scare tactic: "we do not know what the sanction against us" (Ex. 7, pg. 7, In. 5-16). The reality of the situation is in -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stark contrast to this bleak picture just painted (which had a clever motive of making sure that the Council did not allow JHSAL to have the CDBG funding for one more year). Even Mr. Boensch understood that there are no HUD sanction for the first year out of compliance. (BOENSCH DEPO. page 64, In. 15-25; page 65, In. 1-25; pg. 163, In. 3-8). An examination ofa letter (Ex. 11, pg. 2) sent to the City from HUD clearly explains that Ms. Fountain either knew or should have known that: HUD will partially reduce the next grant of any currently untimely grantee that fails to reach the timeliness standard of 1.5 at their next 60-day test, starting with those grantees with program years beginning May 1, 2002. The grant will be reduced on a graduated basis, ranging from 15% to 30% of the amount in excess of 1.5 times the annual grant HUD goes on to note exceptions that would make this even less. However, it is clear that Ms. Fountain could have easily given the Council concise information which would have allowed them to make an informed decision. Just another reason that this matter should go before a jury. There have been innumerable instance of questionable reliability and credibility that have been cited, using the Defendant's own words. In order for the court to find that there are absolutely no issue of fact which can be decided by a jury, the court must be able to rule as a matter of law that all of the statements made by the Defendant witness are true unequivocally true. This cannot happen now that the witnesses for the Defendant have been shown to tell different versions of the same thing, both time being under the penalty of perjury. A critical element that the Court must examine in its determination of whether there are triable issue of fact is whether the evidence that the Defendant has produced is uncontroverable. The only evidence that the Defendant has produced, in their attempt to show that the Plaintiffs have either failed to comply with the terms of or breached the three Sub. Ag., are the evidence from -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the employees of Defendant City, Ms. Fountain and Mr. Boensch, the three Sub. Ag., various correspondence and some evidence from the Plaintiff, Frank Sorino. Since neither the letters nor the Sub. Ag. themselves can meet that burden, it is incumbent upon the Defendant to produce evidence from these two witnesses that is uncontroverable. However, the Plaintiffs have shown that just the opposite is the reality. Not only are there numerous clear contradictory statements by both of these witnesses, but there is also substantial evidence that both of these witnesses had a very clear motive to prevent the JHSAL project from proceeding to construction with CDBG funding. In determining the credibility of a witness, the trier of fact may consider any matter tending to prove or disprove the truthfulness of the witness's testimony. (Evid. Code, § 780.) Another clear example of the staff providing inaccurate and extremely harmful information comes from the March 25, 2003 Council meeting, Mr. Boensch tells the Council: Join Hands has indicated that his organization is proceeding with the construction of their facility with a combination of volunteer and paid labor, which makes the project ineligible for CDBG funding. Mr. Sorino emphatically denies this assertion. (Sorino Dec. i!29). Even after the Council denied the right to use the CDBG funds in 2002, JHSAL continued to seek CDBG grants from the City in 2003. Logic would convince a trier of fact that one would not inform the person who holds the purse strings of their flaunting of the rules, especially when staff has not acted in the most trustworthy fashion with JHSAL since 2001. Since staff was in fear of losing their jobs, the actions of staff, who at first supported the project, now become clear. Claiming not to have created a policy or plan to do anything to get the City back into compliance would seem an odd behavior for a manager of a large significant part of the City budget, especially when there is impending crisis where that funding will be lost, and it would be obvious to the City Manager and the City Council who is responsible. The more likely scenario (which only a jury, by -21- 1 2 3 4 5 hearing and interpreting the evidence from the various witnesses, can determine) is that staff saw the simplest solution to this "compliance" problem, was to eliminate the largest project that the City had in its CDBG inventory --the JHSAL project. The Plaintiff has shown that the Defendant either breached the Agreements by making it impossible for the Plaintiffs to comply with the necessary terms or that there was an anticipatory 6 7 8 9 10 11 12 13 14 15 16 17 18 breach by Defendants, established by their actions. With regard to the former, the evidence shows that the staff of Defendant City changed critical terms of the contract at a critical juncture, then instead of providing sufficient time for the Plaintiffs to meet the new terms of the contract, did allowed every attempt by the Plaintiffs to meet the new burden (loan, leasing of the property, and fundraising). Consequentially the City staff handling the CDBG funding is under increasing pressure from HUD to stay in compliance. Thus between the summer of2001 and May of 2002, not only did the staff not do something to aid JHSAL (since it was staffs error that caused this dilemma), but instead staff did everything in its power to make sure that JHSAL could not reach a point where the City would have to provide the CDBG funds to JHSAL. Suffice it to be said that there was a very strong motivation to eliminate the JHSAL project. This would allow, and did allow (as the evidence will show) that the City would come back into compliance without suffering any 19 20 21 22 23 24 25 sanctions from HUD and instead oflosing their jobs, the City staff handing these CDBG funds receive congratulations from the City and HUD. The Paro! evidence rule "generally prohibits the introduction of any extrinsic evidence, whether oral or written, to vary, alter or add to the terms of an integrated written instrument." Alling v. Universal Manufacturing Corp. (1992) 5 Cal.App.4th 1412, 1433. However, the rule does not prohibit the introduction of extrinsic evidence "to explain the meaning of a written -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contract ... if the meaning urged is one to which the written contract terms are reasonably susceptible." BMW of North America, Inc. v. New Motor Vehicle Bd. (1984) 162 Cal.App.3d 980,990. The rule is codified in Civil Code section 1625 and in the Code of Civil Procedure section 1856. The Plaintiffs have shown that there is more than sufficient evidence to require parol evidence to allow the determination of what is and was required to satisfy the various terms of these Agreements. Furthermore, the Plaintiffs have offered clear and convincing evidence that shows that the Subrecipient Agreements are vague and ambiguous. The "experts" from the City, who are in charge of handling these matters for years and are trained in such processes, fail to be able to identify what is required of a Subrecipient in order to satisfy the terms of the Agreements. Mr. Boensch could not explain, several years later, at the time of his deposition, whether the Agreement requires an "approved budged" whether simply the submission is adequate; whether the Agreement requires that the five-year operating budget gets approved or not and several othe very critical elements. The staff admits that there is no written procedure that an applicant may look at to determine what exactly is required. This is up the to whim of the staff at the time, and it is obvious that they can mis-direct the Council very easily. IV. SPECIFIC CAUSES OF ACTION A. WRITTEN AGREEMENTS The Defendant admits that the three Subrecepient Agreements exist and were signed by both the City and Join Hands. The Plaintiffs have clearly shown via the Deposition testimony of Boensch, Fountain and Sorino that the Plaintiffs had performed or were ready and able to perform all condition precedents mandated by the contracts. These transcripts also reveal that it was the Defendant City who continually placed obstacles such that any conditions that were not -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 completely performed by the Plaintiffs were the direct result of Defendant's actions. (See Points and Authorities pages 4-6, 10-11). The Defendant's Motions with regard to these causes of action should be denied. B. VIOLATION OF 42 USC SECTION 1983, EQUAL PROTECTION AND SUBSTANTIVE DUE PROCESS The Plaintiffs have shown that the City not only failed to treat JHSAL the same as other similarly situated agencies, it also disallowed JHSAL from having a right to a fair hearing on the substantive issues since the staff continually presented false information to the City Council. Furthermore the City also violated the Civil rights of both Frank Serino when the City unreasonably, arbitrarily and capriciously deprive him of his right to work, to use and enjoyment of his property, and the economic viability of that property. (See Declaration of Sorino ). (See Points and Authorities pages 4-7, 9). Therefore the Defendant's Motions with regard to these causes of actions should be denied. C. ESTOPPEL The Defendant City not only made representations (JHSAL could use both paid and volunteer workers and remain eligible for CDBG fundings"), upon which JHSAL relied to its detriment, but the City also acknowledged that is was not even a codified rule, but only a new interpretation thereof. As soon as it became clear that HUD was going to become tough in the application of its rules with the City, the staff needed a large project to disappear. The obvious choice was JHSAL and between the summer of 2001 and June of 2002, the staff did everything possible to create obstacles such the staff could justify to their superiors the alleged right to withhold the promised monies from JHSAL. Not only has the Defendant failed to meet their burden, but Plaintiffs have shown that this cause of action should be applicable with regard to -24- 1 2 3 4 5 this public entity, in the same fashion it would against any other legal entity. (See Points and Authorities pages 6-8). Therefore the City Motions should be denied. D. INVERSE CONDEMNATION AND VIOLATION OF VESTED RIGHTS The Plaintiffs have provided evidence that by refusing to allocate the previously allocated 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CDBG grant funds and thus delaying the JHSAL project, and by engaging in a pattern of conduct, as alleged, in order to prevent or frustrate implementation of the approved project, including denying the Plaintiffs' rights to the previously allocated CDBG grant funds and re- allocating said funds to other agencies, the City has effectively deprived plaintiffs of all economically viable uses of the subject property. Additionally the testimony shows that the Plaintiffs performed substantial work and incurred substantial liabilities in a good faith reliance upon the permit issued by the City. The City changed the terms of the permit when it disallowed the Plaintiffs to construct the Project. An integral part of the permit to build the Project was the agreement by the City to grant to JHSAL funding via CDBG grant funds. The City, without proper notice, arbitrarily and capriciously, changed the requirements for the allocation of the CDBG grant funds to JHSAL. (See Declaration of Frank Sorino and Points and Authorities pages 9-12). Thereby the City have violated both of these causes of action that thus the Defendant's Motions thereto must be denied. E. DECLARATORY RELIEF AND INJUNCTIVE RELIEF The evidence clearly provided proof that an actual controversy has arisen and now exists between Plaintiffs and the City regarding the Plaintiffs' rights to use the previously allocated CDBG grant funds and on the validity of any purported imposed restrictions and conditions upon -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the use by JHSAL of said funds. Furthermore, the City's wrongful actions, unless and until enjoined and restrained by this Court, will cause significant and irreparable injury to Plaintiffs by, among other things: (a) interfering with Plaintiffs' vested right to construct the Project; (b) interfering with Plaintiffs' property rights and interest in the approved Project; ( c) interfering with Plaintiffs' beneficial use and enjoyment of its property; and ( d) interferes with the Plaintiffs' beneficial service to the community and the children that to whom it provides such a useful and free service. Thus the Plaintiffs have shown that there are sufficient facts which require a jury deliberation to determine and the Defendant's Motions with regard to these causes of actions must be denied. (See Points and Authorities pages 4-6, 8-10). V. CONCLUSION The Defendant did not meet their statutory burden; using only the evidence as presented by the Moving Party, evident triable issues of fact are clearly present on each and every elements of the contract actions and every other cause of action alleged by the Plaintiffs. Additionally, should the court require it, the Plaintiffs have elaborately shown that there are factual disputes regarding all elements of this cause of action; these issues require the trier of fact to clarify. Therefore, the Plaintiffs respectfully request that the Court deny the Motions for Summary Adjudication and for Summary Judgment. DATED: ----- -26- Michael T. Larsen, Esq. Attorney for Plaintiffs .. · ,, . JM2 Consulting 2260 El Cajon Blvd #177 San Diego, CA 92104 Phone: (619) 291-4247 Fax: (619) 255-5098 jm2consulting@cox.net JOIN HANDS SAVE A LIFE COST BR-EAKDOWNS COSTAS BID General Contractors Base Bid Payment And Performance Bond Metal Building · Met~I Building Price Increase Allowance Metal Building Erection Building Subtotal Consultants, Inspections and Hook Up Fees 10% Contingency 4/1/2003 . ------------- $ 501,896.66 $ 4,200.00 $ 74,181.00 $ 4,400.00 $ 39,500.00 $ 624,177.66 $ 36,000.00 $ 62,418.00 $ 722,595.66 1 of 1 ---------·-----· .... ~-·-· -... _,_ BIDDER PROPOSAL OF 6490 MARINDUSTRY PLACE, SUl1E A, SAN DIEGO CA 92121 -----~-Name of Company/Contractor 1. I/We agree to perform "The Project" on behalf of JOIN HANDS SA VE A LIFE, as set forth in the description of "The Project" attached_ hereto, in accordance with all Plans, Spec~cations, Soils Reports, this Bid Proposal, and C.D.B.G. Project Documents, hereinafter "The Contract". 2. Contractor will commence work per The Contract within fourteen (14) days of JOIN HAND SA VE A LIFE's issuance of a Notice To Proceed. Contractor will compiete said Project within no more. than one hundred and fifty (150) days of the commencing of work required by the Notice To Proceed. Contractor understands that any delay in substantial initiation of the construction may jeopardize the construction funding and cause irremediable injury to JOIN HANDS SA VE A LIFE. Contractor agrees that the site will be prepared and all necessary elements completed for purposes of initiating steel building construction within sixty (60) days of the commencement of work required by the Notice To Proceed. 3. Proposed Construction Schedule: Complete and attach hereto your proposed construction schedule which is incorporated herein as part of the construction documents, and the earliest date you are available to initiate construction. DATE AVAILABLE TO START CONSTRUCTION __ I_m_m_ed_i_a_t_el ..... Y _____ _ 4. LUMP SUM: Construction of The Project as per The Contract $ 506,-0-96. 66 (To be a qualified bid, this lump sum must be detailed in an attachment hereto provided by the bidder within a line item breakdown per C.S.I. format, and included as part of this proposal by this reference. 5. 6. Payment and Performance Bonds Estimated total base bid $ 4,200 $506,096.66 BID ALTERNATIVES (See Pages 1-2 of Specifications): A. B. C. D. E. F. SIGNED: $4,522.94 $33,927.36 $10,993.22 $3,857.99 $3,216.57 $3,236.80 aevcoR GENERAL CONTRACTORS INC.a 64SO MARINDUSTRY PLACE. SUITE A. SAN DIEGO CA 92121 Name of Company/ContractQr .. .. BIDDING DOCUMENTS BVCOR GENERAL CONTRACTORS 6490 Mar Industry Place, Suite A San Diego CA 92121 Pursuant to "Notice Inviting Bids", specifications, instructions to bidders, and requirements on file with.KENNETH A. PURDY, A.I.A., Architects and Planners, 2017 Pintoresco Court, Carlsbad, CA 92009, and subject to all provisions of the Charter and Ordinances of the City of Carlsbad, and applicable laws and regulations of the United States and the State of California, the undersigned hereby proposes to furnish to JOIN HANDS SA VE A LIFE, 3528 Madison Street, Carlsbad, CA 92008-5034, complete at the prices stated herein, the items or services hereinafter mentioned. The undersigned further warrants that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham, thatthe bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else, to put in a sham bid, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding The Contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not directly or indirectly submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. The undersigned bidder(s) further warrants that bidder(s) has thoroughly examined and understands the Contract Documents (Plans, Specifications, Soils Reports, this Bid Prop- osal, and C.D.B.G. Project Documents,) and the Bidding Documents herein, and that by submitting said Bidding Documents as its Bid Proposal herein, bidder(s) acknowledges and is bound by the entire Contract Documents, including any addenda issued thereto. Such Contract Documents are incorporated by reference into these Bidding Documents. IF A SOLE OWNER OR SOLE CONTRACTOR, SIGN HERE: ~/ A 1. Name under which business is conducted --------------------------- 2. Signature (given and surname) ofproprietor _____ -_____________________ _ 3. Place of business --------------------------(Street and Number) City and State ________________ Zip Code ______ _ 4. Telephone and Fax Numbers ____________________ _ 5. Contractor's State Contractor Licensing Number ____________ _ BYCOR BIDDING DOCUMENTS (Continued) IFAPARTNERSIDP,SIGNHERE NjA GENERAL CONTRACTOR& 6490 Mar Industry Placa, Suite San Diego CA 92121 1. Name under which business is conducted ----------------- 2. Name of each member of partnership -indicate character of each partner, general or special Oimited) ________________________ _ 3. Signature (given and surname and character of partner). NOTE: Signature must be made by a general partner _____________________ _ 4. Place of business --------------------------(Street and Number) City and State ________________ Zip Code ______ _ 5. Telephone and Fax Numbers ____________________ _ 6. Contractor's State Contractor Licensing Number _____________ _ 7. Name on Contractor's License --------------------- IF A CORPORATION, SIGN HERE 1. Name under which business is conducted BYCOR General Contractors Authorized to sign for the corporation (Impress Corporate Seal Here) 3. Incorporated under the laws of the State of __ c_a_l_i_f_o_r_n_ia _________ _ 4. Place of business 6490 Mar Industry Place, (Street and Number) City and State __ S_a_n_D_i_e_go_._, _C_a_. _________ Zip Code ___._9 2 .... 1 ..... 2 .... 1 ___ _ 5. Telephone and Fax Numbers ___ ( 8_5_8_)_5_8_7_-1_9_0_1 ___ F_a_x_:_( 8_5_8..;.)_58_7_-_1..;.9..;...0.;;..3 __ 6. Contractor's State Contractor Licensing Number 444203 -------------- 7. Name on Contractor's License BYCOR General Contractors --------------------- BIDDING DOCUMENTS (Continued) GENERAL. CONTRACTORS 6490 Mar Industry Place, Suit, San Diego CA 92121 To perform the work described in these specifications, the bidder must hold a California State Contractor's License for any of the following classifications: -B-- The construction of the Project located at A.P.N. 204-081-08-00, 204-081-09-00, and 204-081- 10-00, Roosevelt Street, Carlsbad, California, consisting of preparation and completion of work integrated with the erection of a new 6,000 sq. ft. steel building as per plan and specifications. The description herein is incomplete and abbreviated, but implies that each improvement shall be complete for the scope of work affected. Coordinate related work and modify surrounding work as required to properly integrate work of each alternate. The descriptions and drawings of alternates are primarily scope defmitions and do not necessarily detail the full range of materials, workmanship, and processes needed to complete the work. All work shall be installed and provided in conformance to manufacturer's requirements/standards, contract documents, and to all Federal, State, and local laws, ordinances, and building codes. This proper license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must do advise the Agency at least seven (7) days prior to the bid opening. A review of the job will be made and the decision as to the propriety of such license will be final. MY/OUR STATE CONTRACTOR'S CLASSIFICATION IS: B -------------- LICENSE NO. __ 4_4_4_20_3 ______ EXPIRES ___ 8_-3_1 ______ _, 20 03 This license classification must also be shown on the front of the bid envelope. Failure to show license classification on the bid envelope will cause return of the bid unopened. THIS PROPOSAL MUST BE NOTARIZED BELOW I certify, under penalty of perjury, that the representations made herein regarding my-State Contractor's lice er, classification, and expiration date are true and correct. . ~ Title SUBSCRIBED AND SWORN TO BEFORE ME, THIS /O 1>AY OF /1{?12-1 L , 2002, i············ a VAURJE J. HUDSON J -Comrnmlcn I 12MJTYI i Nofcry N:,IJc-~faria f Sa"I Diego Ccunty - M'/Ccmm.&p-aWof 12.~ Notary Public in and f~e C County of <;;;;;,:,-0 V--1 €Gr0 , pi-- State of Cl 4 L, ~oYL ~, /J. . ,-BVCOR 6490 MARINDUSTRY PLACE SAN DIEGO, CA 92121 858-587-1901, F: 587-1903 GENERAL CONTRACTORS LICENSE # 444203 Date: 4/10/02 Project: Join Hands Save A Life Center 3275 Roosevelt Street Prepared By: Greg Melton Carlsbad, Ca 92008 Contact: Rich Byer Contact: Frank Serino Plan Date: 2/5/2002 Phone: 760-720-0540 Architect: Purdy Fax: Addm: 1, 2 & 3 CSI DESCRIPTION TOTAL UNIT UNIT SUB CODES QTY PRICE TOTAL TOTAL 01000 GENERAL CONDITIONS: 01001 Supervision 20 $1,450.00 wk $29,000.00 01005 Project Manager 1 $6,444.44 Is $6,444.44 Mobilization 1 $300.00 Is $300.00 01010 Auto Expense 20 $50.00 wk $1,000.00 01030 Job site labor 100 $25.83 hr $2,583.00 01080 Barricades/Protection 1 $1,850.00 Is $1,850.00 01170 Temporary Fencing 150 $5.00 If $750.00 01500 Storage bin 5 $160.00 mo $800.00 01510 Chemical Toilets 5 $110.00 mo $550.00 01520 Job site phone 5 $150.00 mo $750.00 01530 Temporary utilities 5 $110.00 mo $550.00 01535 Temporary power poles & boxes 1 $1,850.00 Is $1,850.00 01600 Tools & Equipment Rental 1 $1,000.00 Is $1,000.00 01800 Dumpsters 3 $545.00 ea $1,635.00 01810 Clean up -Continuous 6175 $0.07 sf $432.25 SUBTOTAL $49,494.69 01000 JOBSITE REQUIREMENTS: 01130 Surveying 1 $2,550.00 Is $2,550.00 01850 Clean up -Final 1 $950.00 Is $950.00 SUBTOTAL $3,500.00 02000 SITE WORK: Grading 02200 Rough grading 1 $12,295.00 Is $12,295.00 Remove & recompact Backfill 1 $2,200.00 Is $2,200.00 SUBTOTAL $14,495.00 02700 Fencing Chain link gate -6' high 2 $325.00 ea $650.00 SUBTOTAL $650.00 02480 Landscaping 1 $15,511.00 Is $15,511.00 SUBTOTAL $15,511.00 Pest Contrell For Soil 1 $600.00 Is $600.00 Join Hands 1 . , SUBTOTAL $600.00 Erosion Control (ALLOWANCE) NO CITY APPROVED PLAN PROVIDED 1 $1,200.00 allow $1,200.00 SUBTOTAL $1,200.00 02500 Paving ( Allowance, no section provided ) Parking area asphalt [3" AC on 4" class II base] 1 $5,200.00 Is $5,200.00 Scarify 12" & recompact to 95% 1 $1,500.00 Is $1,500.00 02640 Striping 1 $280.00 Is $280.00 Signage 1 van accessible SUBTOTAL $6,980.00 02650 Site Concrete 1 $14,875.00 Is $14,875.00 SUBTOTAL $14,875.00 03000 BUILDING CONCRETE Concrete: 03300 Building slab 1 $38,800.00 Is $38,800.00 SUBTOTAL $38,800.00 04050 MASONRY Site wall and trash enclosure 1 $10,500.00 Is $10,500.00 SUBTOTAL $10,500.00 05000 METALS: Attic access ladder 1 $720.00 Is $720.00 Trash enclosure gates 1 $1,092.50 ea $1,092.50 SUBTOTAL $1,812.50 06000 WOOD: 06100 Rough Carpentry: Provide and install 5/8" ply on metal roof framing 1 $13,287.00 Is $13,287.00 Provide and install3/4" T&G ply on metal CJs Shutters and trellus at false balconie SUBTOTAL $13,287.00 06200 Finish Carpentry Install rought iron, shutters and misc. 1 $3,600.00 Is $3,600.00 SUBTOTAL $3,600.00 06400 Millwork: Break Room, Mens, Womens and Rest Room 1 $7,314.00 Is $7,314.00 Shelf at roll up window SUBTOTAL . $7,314.00 07000 THERMAL/ MOISTURE PROTECTION: 07200 Insulation: Install R-19 FS25 batts at exterior walls 1 $4,560.00 Is $4,560.00 Install sound attenuation batts at interior walls SUBTOTAL $4,560.00 07500 Roofing Install 30 lb. roof felt only 1 $1,623.00 sq. $1,623.00 SUBTOTAL $1,623.00 07600 Flashing/Sheet Metal Join Hands 2 . Gable and dryer vents 1 $785.00 Is $785.00 SUBTOTAL $785.00 08000 DOORS/WINDOWS: 08200 Doors/Frames/Hardware: 1 $14,264.00 Is $14,264.00 SUBTOTAi.. $14,264.00 08250 Door Labor/Installation: 1 $4,725.00 Is $4,725.00 SUBTOTAL $4,725.00 08330 Roll-Up Doors Atlas 8' x 1 O' roll up door ( 1 ea ) 1 $2,138.00 Is $2,138.00 Atlas 6' x 4' -6" roll up door ( 1 ea ) SUBTOTAL $2,138.00 08800 Glazing: All windows bid as aluminum painted white. 1 $8,550.00 Is $8,550.00 314hr rated windows (4 ea ) 4 $990.00 ea $3,960.00 SUBTOTAL $12,510.00 09000 FINISHES: 09200 Lath/Plaster: Lath and plaster, scaffolding and clean up 1 $28,000.00 Is $28,000.00 SUBTOTAL $28,000.00 09250 Drywall/Framing: Metal stud framing at interior and exterior walls, 1 $65,880.00 Is $65,880.00 metal joist ceiling framing and drywall finish. Add for dormer roof framing 1 $4,938.00 Is $4,938.00 SUBTOTAL $70,818.00 09300 Ceramic tile (Allowance): Install Dal-Tile 4x4 at shower floors and walls 1 $3,117.00 Is $3,117.00 SUBTOTAL $3,117.00 09760 Floor/Concrete Sealer 6175 $0.35 sf $2,161.25 SUBTOTAL $2,161.25 09900 Paint: Stucco, drywall, doors and misc. metal. 1 $11,900.00 Is $11,900.00 SUBTOTAL $11,900.00 10000 SPECIAL TIES: 10600 Toilet Partitions and Accessories: (P-Laminate) Includes toilet partitions.accessories, mirrors and 1 $3,770.00 Is $3,770.00 FRP wainscoat to 48" high in rest rooms Folding shower seat 2 $275.00 ea $550.00 SUBTOTAL $4,320.00 11000 EQUIPMENT: 11020 Security Equipment NOT INCLUDED 12000 FURNISHINGS: 12500 Window Coverings: Join Hands 3 . NOT INCLUDED SUBTOTAL 15000 MECHANICAL: 15400 Plumbing: SUBTOTAL 15560 Fire Extln"gulshers Fire Extinguisherswith cabinet SUBTOTAL 15800 Heating/Air Conditioning: Bid per plan, FAU #4 & #5 have no ductwork. SUBTOTAL 16000 ELECTRICAL: Per plan SUBTOTAL 16700 Data/Communication Systems 16500 Life Safety system 16720 Security System SUBTOTAL 01025 Profit & Overhead 01140 Bond Premium 01145 Insurance TOTAL ESTIMATE 1 $47,960.00 Is 1 $150.00 ea 1 $32,929.00 Is 1 $35,500.00 Is $47,960.00 $150.00 $32,929.00 $35,500.00 N.I.C. N.I.C. N.I.C. $460,079.44 $36,806.36 $4,200.00 $5,010.86 $506 096.66 $0.00 $47,960.00 $150.00 $32,929.00 $35,500.00 $460,079.44 Square footage of Building: 6175 $81.96 costs per sq ft NOTES [1] Estimated job duration is 20 weeks. EXCLUSIONS Building pem,it and processing fees, SDGE/Water assessment fees, asbestos abatement, backflow prevention devices, bonds, engineering, plans, ADA issues not referenced above, excavation of rock, ALTERNATES: [A] Provide and install fiberglass shower and associated accessories. Total add for this work is $4,522.94. [BJ Provide and install resilient athletic floor surfacing in Multi Purpose and Exercise Areas. Total add for this work is $33,927.36. [CJ Provide and install continuous 2" wall pading to all soild wall surfaces to 7' -O" high including projections around columns in Multi-purpose Area. Total add for this work is $10,993.22. [DJ Provide and install sheet vinyl flooring to Men, Women, Break Room with integral 6" base at perimeter. Total add for this work is $3,857.99. Join Hands 4 .· [E] Provide and install sheet vinyl flooring to Office 1 and Office 2 with 4" topset rubber base at perimeter. Total add forlhis work is $3,216.57. [F] Provide and install Laminated glass mirror surface to 7' -O" high to all solid wall surfaces at perimeter of Exercise area, one wall of 26 If and one wall of 3 If, nothing above or below windows. Total add for this work is $3,236.80. Join Hands 5 THE AMERICAN INSTITUTE OF ARCHITECTS I AJA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we BYCOR GENERAL CONTRACTORS, INC. as Principal, hereinafter called the Principal, and FEDERAL INSURANCE COMPANY a corporation duly organized under the laws of the State of NEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto JOIN HANDS SAVE A LIFE c/o JM2 CONSULTING as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF AMOUNT BID Dollars ($5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for STEEL FRAMED SHELL & Tl 6,125 SF@ 3528 MADISON ST., CARLSBAD, CA 92008 {BID DATE: 4-10-02) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 10TH day of APRIL, 2002. (Witness) (Witness) AIA DOCUMENT A310 • BID BOND• AIA «>•FEBRUARY 1970 ED• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 BYCOR GENERAL CONTRACTORS, INC. (Seal) By FEDERAL INSURANCE COMPANY By~ rnty}} liM ct••Q Valerie M. Pearce, Attorney-in-fact (Title) 1 .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~M'-c<:«..«~M'~~M«~mMm«MMMft~llll'cy~M,,E¢,q(.'ll,c<;&--0,;_"),' I --~ ~ State of UJJ,,,f7? m,cv I § Countyof SanD1430 § I On !i /Jo l:,oa-. before me,, :.....J....:.~~~::........i....lo!.IC..-¥-J--<14,,L.l.,1,~':f-L--.ILI...L.!:=..0 I ~ personally appeared Name(s) ,g ) ~ ~ 0Personally known to me -OR -□ proved to m:~~!~en~:~~~f i!~~i::~~:~~~dde~c~h~o !i~h~~~:;~~~~~! ~ g and acknowledged to me that he/she/they executed the 1 ~ -...................... ~-----~ same in his/her/their authorized capacity(ies), and that by % ~ ~~• • • • :0?~~:~~:3• ( ~~s~:r~~~~~s~gp~~u~:~s~1~~ft~hii~~t~~~~r~~:c=~s:~~s~'. -~ ~ j • Notary Public -California ~ executed the instrument. .'.'> ~ J • • • ,!"'~,;;..::,-;"::51 WITNESS my hand and official seal. i ~ ( /)/',~ . -p; ~ ~~$_ reo otaryPublic ~ ~ ~ g ~--,: ----------OPTIONAL----------ei_g ~: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent :'.'> ~ fraudulent removal and reattachment of this form to another document. g i Description of Attached Document ~ ~ g ~ Title or Type of Document:_________________________ ~ i Document Date: __________________ Number of Pages:____ ~ ~ Signer(s) Other Than Named Above:_____________________ ~ @ Capacity(ies) Claimed by Signer(s) ~ ~ Signer's Name:___________ Signer's Name:___________ ~ fl ~ ~.~---.. □ Individual D Individual g,x_ · ~ □ Corporate Officer D Corporate Officer ,'.S ~ 1 1•._. 1 • litle(s): ___________ litle(s): ___________ ',i:>i_g <'ii D Partner -D Limited D General □ Partner -D Limited □ General ,;.c, I~ D Attorney-in-Fact D Attorney-in-Fact g,i:>i_· · □ Trustee D Trustee :"> □ Guardian or Conservator □ Guardian or Conservator ~ O Other: ________ Top of thumb here O Other: ________ Top of thumb here ~ ~ I~ ~ ~:' Signer Is Representing: Signer Is Representing: ,;,, ! I ----------------~ ~ g ! -----~~ -----~-~ ~ ~ g ~""'@"'"·"";®=·~""'..:.=·@,.....:."""@'""· =;g;= .. =;g.;=·"'";@"';g,;""'..:.=:®,.....:.=·;g,;,....:...=·;-(X;""• =·@""· =·@=·=@=·;g;""'..:.=·&x::,.....:.=·:«;"""• =-:g;=. =:«;=·;g;:"".:.=·:<:;;¢,..., =@""· ""·:<X;=~===@""'..:.""·~=-=:g;;=. "'·:<X;"""'":g)""'·~"".:.=@'""..:. =-;@;;=-=';@;;""·:,g;""'.:."";@;;'""..:.=:-®""· =';@;;=·:g;""'.:."'"';@;;,.....:.'""@""· ""';,@;;....,.·=';@;;=~===:g;;'"". '""i@..:""· "79:cg;'.)'_ c, 1995 National Notary Association• 8236 Remmel Ave .• P.O. Box 7184 • Canoga Parx. CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1·800-876-6827 . . .. CALIFORMIA AL~·PURPOSE AC~NOWLEDGMENT State of California County of San Diego On ___ 4_-_1_0-_0_2 _____ before me, America San Martin, Notary Public DATE NAME, TITU: OF OFACER • E.G .• "JANE DOE, NOTARY PUBLIC- pe_rson~lly appeared _____ v_ALERI __ E_M_._P_EA_R_CE _______________ , NAME(S) OF SIGNER(S) ·@personally known .to me -OR -D proved t6 me on the basis of satisfactory evidence to be the person(s'.) whose name(I) is/m subscribed to the within instrument and ac- . knowledged to me thatm/she~ · executed the same in m/herglih;eir& authorized capacity(m); and that by mK'her:i2t.1:lnt signature(x) on the instrument the person(,;), or the entity upon behalf of which the person(z:) acted, executed the instrument. Though the data below i.s not required by law, it may prove valu9ble to persons relying on the document and could prevent fraudulent reattachment bf this form. · · CAPACliY CLAIMED BY SIGN~ij- 0 INDIVIDUAL □ CORPORATE OFFICER llTLE(S)_ . 0 PARTNER(S) 0 LIMITED . □ GENFRAL 0 ATTbRNEY-IN-FACT D TRU~TE_E(S) . 0 GUARDIAN/CONSERVATOR D OTHER: -----,--------- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT \ NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE . No. 5907 01993 NATIONAL NOTARY ASSOCIATION• 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 POWER OF ATTORNEY Federal Insurance Company •· Vigilant Insurance Company Pacific Indemnity Company Attn.: Surety Department 15 Mountain View Road Warren, NJ 07059 Know AD by These PreNlds, That FEDERAL INSURANCE COMPANY, an Indiana c:orpaalia1, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC N>EMNrTY COMPANY, a Wisconsin c:orporatlon, do each hereby constitute and appoint Jerold D. Hall, Valerie M. Pearce, Jack T. Warnock, Sandra J. Little, Chris A. Lydick, Bart B. Stewart and Leticia San Martin of San Diego, California------------------------------------ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to aff'IX their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of Its business (but not to include any Instruments amending or altering the same, nor consents to the modification or alteration of any Instrument referred to In said bonds or obligations). In WHness Whereof, said FEDERAL INSURANCE COMPANY, VIGIL.ANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and atrDCed their corporate seals on this 18th day of October, 1999 STATE OF NEW JERSEY } A. County of Somenet On thia 18th day of October, 1999 , before me, a Notary Public of New Jersey, pensonally came Kenneth C. Wendel, to me known lo be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE CCMPANY, and PACIFIC INDEMNITY COMPNfY, Ille companies which executed the fot9going Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he la Asaislant Sec,eta,y of FEDERAL INSURANCE Ca.APANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate -Is thereof, that the -• affb1ed to the foregoing Power of Attorney are such corporate uals and -. thereto all"ixed by authority of the By-Laws of said Companies; and that he signed said Power of Attorney u As&lstant Secretary of said Companies by Uka authority; and that he ia acquainted with Frank E. Robertson, and knows him lo be Vice President of said Companies; and that the signatunt of Frank E. Robertson, sut.cribed lo said Power of Altomey Is in the genuine handwriting of Frank E. Robertson, and was thereto sut.crlbed by authority of said ~ and In deponenra presence. Notarial Seal Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURAN~~m:fflraind°i?A<:1F1iciN1 • All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be atrDCed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which ft is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies0 ) do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly &censed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized b-f the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. s. Virgin Islands, and Federal is~ in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. • Given under my hand and seals of said Companies at Warren, NJ this 10TH day of APRIL, 2002 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com Ferm 1~10-0220 (Ed. 4.QQ) NON-CONSENT --10 !Task Name I Duration , DEMOLITION 1 day ----2 GRADING 4 aays Start Mon 4129102 ; ! Jul7/02 Finish SIM Men 4129102 'I 3 , EXPORTnMPORT DIRT 1 day 4 STAKEO(ir 1 aay :::~; M:::1 ·=-----------,c---,-~-~T~u-e~5/7=102 --Tue5777oi I ------·-~~--.-~ 5 -UNDERGROUND PLUMBING 6 ; UNDERGROUND ELECTRICAL -.,---;-FOOTINGS ANO SL.AS 8 !MASONRY 9 [ STEEL ERECTION 10 ; STEEL ROOFING 11 i STEEL STUDS 12 STEELFRAMING ______ _ 5days 5 days; 5days [ I .:::1 10days Wed518102; Tue&14102 i~ ·.'!"'..,.~ Wed 518102 Wed&15I02 Wed5122102 WedS'29102 Wed6112102 Tue &14102 I~ ;;~ ___ ,,....gf Tue &21102 j§jt ~ -=Tue--,&2=8/02=c1_,"""'1 ~ Tue 6/11102 II@ ~ . Tue 6/2&021-~ ~ -~ ---5days --Wed7/3/02 --Tue-719102 ·.;;;G T w 5 daysf' Wed 6/26/02 Tue 77im. I I:-:==='"' I :,:::::::;:;::::::: 7/t 13 'PLASTER 26 days: Wed 7110102 I Wed B,/14/02 ~ I """· -Thu 7/11102 £ 14 ! DOORS WINDOW 2 days I Wed 7/10/02 1s , ROuc.tfELECTRJCAL sciaysf -w,;a 1ii0102 T · rue 111sro-ili -,1f-iROUGH PLUMBING 5 days Wed 7/101021 Tue 7/16/021~ 7110 ri:::::::::::s· ·; _-_-_-_-:: ;:·:·:·:·:·. I 17 ROUGH HVAC 5 days Wed 7/IC Ji 18 · DRYWALL -102 I Tue 7/16102 · ·-··5c1a;:st ·we<11n1m1 Tue 7/23102 -·19-,fAPING 8 days Wed 7124 . _ ,-102 Fri 8/2102 _ ,~;::: 20 , INTERIOR PAINT 7 davs Men B,15102 ' 21 , CERAMIC TILE 3days: . iicin a,sioi : i ! ·u--·FRP 1 day, Men B,l5/02 23 -TOft:ET ACCESSORIES 1 day Wed6114/02 24 EXTERIOR PAINT 4 days Thu 6115102 25 SITE CONCRETE 7 days Wed 8121102 ' 26 GRAOTNGIPAVING 4 days Fri 6/30/02 27 LANDSCAPE 4 days Thu 9/5/02 -28 · ELECTRICAL FINAi. 1 day Wed9/11/02 ___ 29 ___ PLUMBING FINAL 1 day WedS/11/02 30 HVAC FiNAI. 1 day Wed 9/1.1/02 Wed 9/11/02 ;:.-·· 31 FINAL INSPECTION 1 day: Thu&/12/02 Thu 9/12102 1 day --Fri 9/13/02 ! Fri 9/13/02 32 FINAL WALKTHRU i;-:J, ,1..;:-... ~~­ROUGH PLUMBING 7/10 Ir.·.·.·.·.·.·.·.·.·.·.·:.·.·::.·.·.·.·.·. c~~ ROUGHtNAC 1110 1····················rrrr,·,·rr=-. -... =. . , : : -::'" ·•.·::• 7/16 7/16 Project: Date: Task Split (:,:::,:;:,:,::::::::,::::j Progress Milestone ♦ Surrmary ,. Rolled Up Task ~~h~' • JOIN HANDS S WIT IF :;~~ PLASTER I Ji~ 7124 1:.:.: .. :.: .. :.:,:,:;:,:;:·:·:-:::·::·::·:·: II .-·:..., .. ,.,, ~-• -. . :, ·<-.,! ~Isl • Rolled UpSplil ········· 1·=·=·=···=·=·=·=·=·=·=·=·~ Rolled Up Mileslcne ◊ Prepared By Bye A LIFE CENTER Au 4. '02 11, '02 18. '02 Au 25. '02 Se s S M T w T F s s M T W T F S S M T W T F S S M T W T F S S :.:.:.:.·.·.·.·.·.·.·.·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_·_ a/14 Project Surrmary • led Up PrOllress tmal Tasks Mi&iiiiiif External Mileslone ♦ ~neral Contractors ~-= ~-::-:; f.:::: :f:;:) . .. ; ~..;., ·--,· .. --:;·:: '";; "i• • . ,-.: -. -;: . r.-,:1 -::.-_ .:,; __ ·.:.1 :,; ::, :, .:-. ,:. ·. •;·:. -~i -: ·---..... ' ---~--:·-.:.:: Q Deadline BYCUH GENERAL CONTRACTORS 6490 Mar Industry Placa, San Diego CA 92121 1. '02 s a. '02 MTWTFSSMT Suits A Sep W T F S S .. : .. -, ... I ; :., ·:; .. \ ~-. ' ..... ' ~ -.. :..--,· -., ... FINAL ~KTHRU . 9113 LJ 9/1~ ' ID I Task Name DEMOLITION 0utalion I Start Finish ! s I s I M-I t ! w I T 1 day, Mon4129/02 Mon 4129/02 2-JGRADING 4days Tue 4/30/02 3 I EXPORTnMPORT DIRT, 1 day Mon S/6/02 4 ISTAKE-OUT 1 day 5 I UNDERGROUND PLUMBING 5days Wed 5/8/02 ii -I UNDERGROUND ELECTRICAL 5days Wed 5/8/02 77 FOOTINGS AND SLAB 5days Wed5115102 Tue 5121/02 8 MASONRY 5days · Wed 5/22/02 I Tue 5128/02 9 STEEL ERECTION 10days Wed 5129/02 10 STEEL ROOFING 10 days i Wed 6112102 ! 11 STEEL STUDS 5days / Wed 6126102 j 12 STEEL FRAMING 5days: Wed 7f'JI02 ! 13 PLASTER 26days' Wed 7/10102 I Wed8/14/02 u DOORS WINDOW 2days: Wed 7/10102 §[~ ~if~ I 15 16 ROUGH ELECTRICAL ROUGH PLUMBING 17 18 19 ROIJGHHVAC DRYWALi.. -TAPING 5days We;fiT,"01021 -Tue it16/02 5days; Wed 7/10102 : Tue 7/16102 I I 5 days' Wed 7/10102 1 Tue 7/18/02 I 5days Wed7/17/02J Tue 7/23/02 i I Bdays -Wed 7124102 ' Frfai2Jo2 I 20 liNTERIOR PAINT 7 days Mon 8/~ : ,~:~:"~'-~ I ! i/02-Tue 8/13/02 21 CERAMICTIL.E 22 FRP 23 TOILET ACCESSORIES 24 EXTERIOR PAINT 25 SITE CONCRETE 26 GRADING/PAVING 27 LANDSCAPE 28 ELECTRICAL FINAL 29 PLUMBING FINAL 30 HVAC FINAL 31 FINAL INSPECTION 32 FINAL WALKTHRU Project: Date: Task Splil 3 days Mon 8/S/02 ; Wed en 102 ' . J 1 day : Mon 8/5102 1 Mon 8/5102 1 day Wed 8/14102 Wed 8/14iil2 4 days, Thu 8/15102 i Tue 6120/02 7days Wed 8121/02 Tnu 8/29/02 4days Fri 8/30/02 Wed9i4/02 4 days Thu 915102' Tue 9110/02 1 day Wed 9/11/02 ; Wed 9/11/02 1 day_ Wed 9111/02 ; Wed91fiioi 1 day. Wed 9/11/02 I Wed 9111/02 1 day' Thu 9/12/02 : Thu 9/12/02 1 day Fri 9/13/02, -Fri 9/13/02 ·:::,·..::.: :· ·• •:-1:~ tJt -~~ :·;)0" -,· .... :.~ .· -~-~-.-.:~ :-,---. - I ;•~:. .· ; i, :::.;: :.:-:: ~' "'. .• ' 1~· . :'}}~ I j!: j:.:.:::.::::::::::::·::•j Progress Milestone • I ~ ·-·.;rt•::; ~ .:~·/:~]t :?:•-:',:: . -::.:'".·1. :._:d~:; ,i[§ ~it Surmiary Rolled Up Task JOIN HANDS S May 19. 'O WITJFJSISIM I ;r.~-:".~".--:-:::·::.::::':':::".:::~._., 611.c ~1~~-• t;:f~ ;~~!i '.J11{ ltij •,· :_;-} ·=t ,~~i ' ~ 4 [il}I FOOTINGS AND SLAB ~t:i~. ~-tr~ lfl?· ;:-; ~/-,:::_ ta; ;,::., ~-t~~; r·· !::;~~:-·--.:· .. · .--.. , --. .. -;r• .·.:~, ··•·· ,:·.;··:_. -. -~ .. ::·•--. -~--~//7;: ~:Jj ;itt illf Rolled Up Split .... , .. r_-_-_-_-_-_-_-_-_-_-_-_-J RolledUpMilestone ◊ Prepared By B~ 5. 'EA LIFE CENTER 26, '02 JU11_2, '02 Jun 9. '02 Jun 16. '02 T I F MIT I WIT FISISIMITIWIT FISISIMITIWIT FISISIMITIWIT £ma 5'.i•~ til1 ·1 ::::::::_:::::_:::·:=:.:::::·:·:·:·:·:: 2il!i i5~ STEEL ERECTION I J!li I I 5129 :·····:·:·:·.·.·.·:·.·:·:·:·:·:·:~;:-;~~-:-:·:·.·:·.·.·:·.·:·····:·:·····:·:· ,;,J's~J STEEL ROOFING Jun 23,'02 BY&:;OR GENERAL CONTRACTORS 6490 Mar Industry Place, Suite A San Diego CA 92121 Jun30~'02 FISISIMITIWIT F SISIMITIWITIFIS ~,;n tH?:: '. ~:·-: :· :::;-'_,i,". .-: : . ~--. -_.;-• -:.:-: .;;;_:,·! .-. ---.. ··-·· ··=-~-·.'.-:: ... . \}.; ~~ -:_:;:?:··-· :.:,;., ·:;;•,_ . ..:. --~•~ ' :"'."·• \ ~ .. ..... , ..•... ,-.. ~!t1 ·f::;t;:~ ···1 if}t~ Z:::{t" --·::,:.:::: · .. ·:.· '.~-:.!~'.":,_:,_ '. -: .. j-:; -:·~;;: ~-;:-:. :...-.::. :'.;. u 1/12 :.:.-:-:-::.:.:,:.:.:.:,:.:.:.: ... ~.:.:.:.:.:.:.' ... :.:.:,:_:_:_:_· ... :.:.:_:_:_:_:.::: ... :, 1/25 ;~/:;~ j ~ ;;·.-...... '.;·:,, :oiled Up Progress xlemal Tasks . ~, -_ . .:..~-t~t::: Project Sunmiry • External MilHlone ♦ ieneral Contractors "· ~ ~ ,s~, -~tt'. .. .;9:'"t;;~ri,,,.'.i ~~ l}l~~ • Deadline I J"L. V STEEL.STUDS ~ [se,,sasa,,,,,,,,,<a[sssa,,,,,,,,,,,,,[., ... ~·~. I Ill }:~:?:; .,.:.-·-::.,• Ii~ )rt!?~ :i;;::: !It/ II ;~r'. .. .:..;·.·: ?f~~i ::·::'2"/'.·:·; <.:..-. ~-!f .·fff~.'i t~ l:-" ~~/:['.'~) ii~ '• March 5, 1999 City of Carlsbad l•J ift.J=lt·i Ai ii◄ib PM&t4itl Join Hands -Save a Life Mr. Frank Serino 3528 Madison Street Carlsbad, CA 92008 RP 97-3, JOIN HANDS-SAVE A LIFE YOUTH FACILITY Enclosed for your reference are copies of Carlsbad Housing and Redevelopment Commission Agenda Bill No. 306, and Resolution Nos. 305,306 and 307. These documents went before the Housing and Redevelopment Commission on March 2, 1999, when the Resolutions were adopted, approving your Major Redevelopment Permit No. 97-3. If you have any questions regarding your permit, please call the Housing and Redevelopment Department at 434-2811. • -1 "'r ....., -:-·~ '~:..--av(:~:.:,,..,,,.__ ..Y _j ji.£--:-Y Kathleen D. Shoup Sr. Office Specialist City of Carlsbad 1635 Faraday Av Carlsbad, CA 92008 08-31-2001 Commerclatnndustrial Permit Permit No: CB003222 · Building Inspection Request Line {760) 602-2725 Job Address: 3275 ROOSEVELT ST CBAD Permit Type: · ·COMMINO Sub Type: Parcel No: Lot #: Valuation: $395,200.00 Construction Type: Occupancy Group: Reference#: Project Title: JOIN HANDS SAVE A LIFE RECREATION FACILITY 6, 175 SF COMM 0 NEW Applicant: Owner: KEN PURDY Status: Applied: Entered By: Plan Approved: Issued: lnspect Area: ISSUED 08/31/2000 · JM 08/31/2001 08/31/2001 2017 PINTORESCO CT CARLSBAD CA 92008 760 632-5352 fll 7 08/JV0l 0002 01 02 Total Fees: $23,636.37 Building Permit Add'I Building Permit Fee Plan Check Add'I Plan Check Fee Plan Check Discount Strong Motion Fee Park Fee LFM Fee Bridge Fee BTD#2Fee BTD#3Fee Renewal Fee Add'I Renewal Fee Other Building Fee Pot. Water Con. Fee Meter Size Add'! Pol Water Con. Fee Reel. Water Con. Fee Inspector: ----- CGP 22996.o· Total Payments To Date: $640.30 Balance Due: $22,996.07 $1,657.08 $0.00 s1.on.10 $0.00 $0.00 $82.99 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Meter Size Add'I Reel. Water Con. Fee Meter Fee SOCWAFee CFO Payoff Fee PFF PFF (CFO Fund) License Tax License Tax (CFO Fund) Traffic Impact Fee Traffic Impact (CFO Fund) PLUMBING TOTAL ELECTRICAL TOTAL MECHANICAL TOTAL Master Drainage Fee Sewer Fee Reclev Parking Fee Additfonaf Fees TOTAL PERMIT FEES FINAL APPROVAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,752.28 $4,386.72 $210.00 $210.00 $60.00 $1,405.20 $9,795.00 $0.00 $0.00 $23,636.37 Date: ____ _ Clearance: ____ _ NOTICE: Plaase take NOTICE hat epptCMII d your prqed ilcb:les lie illl)CISilon" d fees, ded'calians, raserva1ions, or olher exa~ hereal1Er collectively raferred lo aa ,ae&'axactilns. • You have 90 days m lhe dale tis perrrt was isSued lo protest i"1)0Sition d lhasa fees/91actix\s. n ycu protest them,, you must follow lhe protest prccadunis sat forth h Gawmment Code Section 66Cm(a), and lie the J)l'OIBSt and 1111y Dlier raquiad information with rie City Manager for J)l'0C8SSi'lg in aa:ionance with Cartsbad Muric:ipal Code Section 3.32.COO. Falkne lo lmefy fulbw that procedunt wll bar any sub51iquenl legal adi)n ID attack, raview, set aside. void, a BMul !heir lq>oSitiln. You are hereby FURTHER NOTIAED that your ~ht lo prolesl: lhe spdied lee$1exactions DOES NOT APPi. Y ID water and $8WS coonectm lees and capactiy changes, n« planning, zoning, gramg a other sinilar applcaoon proc.essing or sel't'i:la lees rn connection MV1 tis project. NOR DOES IT APPLY kl any leesi'e.ucti:>ns of lfl'llk:h llllLI haYi? -• been ciYen a NOTK:E simiar ti lhis or as to wtich ~ statute ol lmlalions has oreviouslv olherwise emied. City of Carlsbad .. 1635 Faraday Av Carlsbad, CA 92008 08-31-2001 Water Meter Permit Permit No:WM010036 Building Inspection Request Line {760) 602-2725 Job Address: Permit Type: Parcel No: Reference #: Pro;ect Title: Applicant: 3275 ROOSEVELT ST CBAD WMETER 2040810800 Lot#: 0 Construction Type: NEW CB003222 JOIN HANDS/SAVE A LIFE RECREATIONAL USE FACILITY Owner: FRANK SORIN0 C/0 JOIN HANDS SAVE A LIFE 3528 MADISON ST CARLSBAD CA 92008 760-720--0540 Total Fees: $21,121.00 Total Payments To Date: Status: ISSUED Applied: 03/19'2001 Entered By: JJ Plan Approved: 08/31/2001 Issued: 0BfJl/2001 Inspect Area: 9'117 08/31/01 0002 01 02 CGP 21121-00 $0.00 Balance Due: $21,121.00 Units Meter Size Potable 1 01.5 1 D5/8 0 Meter/SDCWA Fee $6,377.00 $2,144.00 $0.00 Connection Fee $10,200.00 $2,400.00 $0.00 $0.00 Add'I Connection Fee Reclaim 0 0 0 Add'I Connection Fee JumperFee Construction Meter RentJJJ Construction MelN O.poBlt Service Install Fee Additional Fees TOTAL PERMIT FEES Inspector: ____ _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FINAL APPROVAL Date: ____ _ $0.00 $0.00 $0.00 $0.00 $0.00 $21,121.00 Clearance: ____ _ NOTICE: Please lake OOTJCE lhat apprOYal of your project lncll,.les lhe "lmposil<xf ol !Hs, dedlca1im, raservati:rls, a olhel' exadms herea~r cdlectively 1111Brred to as "lees/exactions." You have 90 days tom the date this perml was IS&U8d b pr0l8st i"l)OSilion of ttiase fee&lexadions. II Y0CI prolllst lle!n, Y0CI must follow 1he protest prooedures set~ In Gov8mment Code Section 6611.!0(al, and file Iha prolest and any olhar raqured inlormaion ~ 1he Cll'f MINger b ~ In aa:adance with Car1sbad MuniciJ)al Coda Section 3.32.0:ll. Fabe to lmely folow 1hat procedure wil bar any subsequent legal actkm ID attad(, review, set aside, void, or amul heir in'poslion. You ara hereby FURTHER NOTIFIED lhat YW' right ti protest the specified fee&'exadions DOES NOT APPLY lo wamr and sewer<XlM8dion lees and capacUy changes, nor plaining, zoning, grad~ o, other simlar appllcallon processing or secvi:e lees in O)M8C(ion with this project NOA DOES IT APPLY b any 1ees/etaetions of which 'VOll have... • been aivan a NOTICE similar k> ltiS. or as b whld! 1he stalul& cl rrrilation.s has ,,,...,.,. IIW atlewise emired. • • UC: • a -w City of Carlsbad ■n1 dPfh,Gl·il·iiild11iii CERnncATE or cohm.IA.~a . . fA.~fE,l\l OF SCHOOL flES OR 01DR Mll]GA110.S This torn, mul1 b• cornp:eted by the City, lhe applicant. ano the~ IChod distrk:ts and returned to the C;ty prier 10 issuing a buPding permit. The City wll not ;s.11.1e 8Trf bl:idng perr.;lt wilhoul a oonl):eted Khooi fN form. Project Name: Jt,/11 /pfJ{,V cAvu 4:Y/-L: BuHding Permit Plan Check Number: Project Address. A.P.N: Project Applicant (Owner Name): Project Description: Bulldtr-,g Type: Resldentiai: Se-:onc Dwemng Unit: Resioerihai Additions: C!fotJJ2~2- NLUDbec a( New P,YelUng Unit§ Square Feet cf 1=_;..,1r.~ A!"'ee in New Dwelling Squere Feet of Living Area in SOU Net Squara Feet New Area Commercial/lndustriat Square Feet Floor Area t 175 City Certification of , --ldlJJ?.?~ Applicant Information: / Date: ,-~~~~'-1-....LJ~~+------===--P-LA~~-- ~--c - / Culsbat! Unif>ed School Pi&rric~ · Slll Pinc Ave. ~ C~b'bad CA 9l009 (729-9291) Encltw:as Umcll Sclwol DiarAt 101 Soath~CMSantaF~R.d Fociniw_ CA 92024 (944~300J ' } ✓- . San MatcCM: U.ufied Sdiool I>istrie1 2l5Mab\\'a.l- S~ Maicei, CA 9l069 (736•2lCiO) .San D1c,wto 'liiucn Hip Scaool Dirtr~t 710 Encii!ms Blvd. EociAira&, CA 920:aA (753~91) Certfl2Uon 0• Appicant'O-r,era. The person wicut111; lhls declaratiOn ('OWrM'j cetlll!ti under Jl'lf\8~ of Pl(ji.;~• hit (1J th9 lnformalior. paovidod ~w i1 :crrect and trw ID Ira. ~ of tM ~r's la'IOw~. and that 1l"le Owner wit 1118 an #nllNfed t»rtir~n of paymlfal 8l'IC o,y the addw~I lee I 0~ ~ M lncteue In "9 t1u~er Of dMII~ units or aquaire rootage arter U'lft builds,; pen-nit is i&su.ld ~• If 1he inikl ~tion cl LJ"lb er square footage ii four.d ta i. Inc.or~. al\d that t2l 1ho:! Own« is the owneddevekJper of the libel~ oescribed proiect(s), or tnat t'l6 person ex.eaitl."'111 lhra ~tion is au\111,11\.zed to sigr, on ~'half of tne ~- S1~l2:I':: J-' {__ ~ ~ Dase: ?-~ ~ :2<'--.:>} 1 ass Faradey Al.'finue • Carlsbad. CA e2ooe-?314 • (760) eo2-:aoo • FAX (760) B02-8560 (!) ~: "IJe< « . .-200.- JOIN HANDS SAVE A LIFE BID RESULTS A ·110 2002 ,pn I 0 > 0 0 (.) z w 0 w CONTRACTOR a:: co z BASE BID ALT. A ALT. B ALT. C ALT. D ALT. E ALT. F w 0 (9 ~ co en I- 1 Murray Builders 3:25 PM X X $613,100.00 $ (1,500.00) $27,300.00 $18,000.00 $3,800.00 $3,600.00 $4,200.00 2 Balance Builders 4:09 PM X X $610,674.00 $ 5,800.00 $27,890.00 $ 1,995.00 $2,100.00 $2,253.00 $2,500.00 3 Bycor General Contractor 4:23 PM X X $ 506,096.00 $ 4,522.94 $33,927.36 $10,993.22 $3,857.99 $3,216.57 $3,236.80 4 Fordyce Construction 4:44 PM X X $625,511.00 $ 1,400.00 $ 2,400.00 $16,646.00 $4,000.00 $3,700.00 $5,700.00 5 Phillips National 4:50 PM X X $ 559,000.00 $ 3,000.00 $26,000.00 $17,000.00 $3,000.00 $3,000.00 $9,000.00 6 John Carey Construction 4:54 PM X X $516,767.00 $ 2,015.00 $20,974.00 $16,700.00 $2,200.00 $6,700.00 $7,500.00 7 8 9 10 11 12 13 14 15 16 17 / l ' ( I l 1 Hotmail Folder: lnbox Page I of2 MSNHome I My MSN I Hobnail I Web Search I Shopping I Money I People a Chat -,,.. ... "'"""'""'""r\"'l Search tf 10 top NIHna dlaHal canw:w 1 ~ ,,, jolftha1dl11'tflfllll .. hatlllllll.c:otn I Save Addfess(es> 11 Blodt I Prom : "Dennis Holz" <DennisH~.org> To : <FboenOd.cartsbad.ca.us> cc : <joinhandsAveallreOhotmail,CXJITl> Sultject : Re: Join Hands Permit ----_>.::;_~ 0...: Tue, 09 Oct 2001 13:50:36 --0700 I Reply 11 Re4>lv All I I Fonwerd I I DeidJe jtPut ii Folder ... I Option• Help Frank, our goal is to refine our bid package, value engineer the project (cut as many costs as possible with the purdy the architect and a consultant) and then rebid. I anticipate getting athe package done this month, so we could go out in November, although we may wish to wait as the economy slows, and since Thanksgiving and Christmas always are a touch sell. By the way, Frank Sorino has email at joinhandssavealife@hotmail.com, as I understand it. I will forward this to him to try it out. Thanks, Dennis >>> "Frank Boensch" <fboen@ci.carlsbad.ca.us> 10/09/01 01:36PM >>> Great! Any idea when Join Hands might be going out to bid again? I will need t o provide them with new prevailing wage rates contractors will need t o use in coming up with their bids . Thanks again for your help, Frank >>> "Dennis Holz" <DennisH@lassd.orq> 10/09/01 12:56PM >>> Frank, thanks f or the information. We will be able to start so we hopeful ly will not need to use this. I appreciate you looking into it for us. Thanks, Dennis >>> "Frank Boensch" <Fboen@ci.carlsbad.ca.us> 10/09/01 10:30AM >>> Dennis, Pat Kelly provided me with the following info that I thought might be useful to you and Frank. ( I don't have email for Frank, so I' 11 snail mail him the info. ) Following up on concern that this project may not come to fruition due to funding issues, the permi t was drawn on 8-31-01, the last day the application was valid. The language i n the building code ordinance gives them 180 days to commence work. This "commencing work" is defined as securing an approved inspection. The ordinance also allows permittees to receive a one-time (180) day extension. So they may be able to wait until B-31-02 until the permit expires . Si nce that day falls on a Saturday, we typically allow the permit to roll to the I Hotrnell Free New Spe::ial 0 Pop Mail Find Mes! Reminder DirectDriE Air Tldcet 0\81:Roo And Frier Free Garn Hear Mus My Photo Personals 5end Mof 5tDClc Que More ... next working day. September 2, 2002 is probably Labor day, so say September 3rd, _ ____- 2002 at the outside. Once they begin securing inspections, they must continue e:::::-- ---->-passing inspections every 180 days to keep the permit valid. Once they burn the one-time extension, the City cannot allow another. I f the project never starts, and the permit expires, they are entitled t o some of the fees returned: http://pv2fd.pav2.hotmail.msn.com/cgi-bin/getmsg?curmbox=FOOOOOOOO 1 &a=ffi927el 1302,... 11/20/01 ~ I \ 1 t Hotmail Folder: Inbox Generally all impact fees are fully refundable. Permit fees for inspections are refundable at 80% of original cost. We retain 20% for administrative costs. Rough estimates of those fees are as follows: Water meter fee -$21,000 (est)-this should be refundable if they never secure the service and meter. Traffic, sewer, Drainage Fees -$20,000 (est)-also refundable if the permit expires and they have not begun. Building permit inspection fees -$2200 -refundable@ 80% level if they never start. Let me know if you have any questions. Thanks for your help, Frank I ~ 11 Reply Al I I Forward I I Delete II Put In Folder ... I MSN Home I My MSN I Hobnail I Web Search I Shopping I Money I People a. Chat - © 2001 Microsoft: Corporation. AH rights reserved. TERMS OF USE lRUSTe Approved Privacy Statement Page 2 of2 I http://pv2fd.pav2.ho1mail.msn.com/cgi-bin/getmsg?curmbox=F000000001&a=fo927el l302,... 11/20/01 / [oen"nis Holz -Re: JHSAL From: To: Date: Subject: Dennis, "Frank Boensch" <Fboen@ci.carlsbad.ca.us> <DennisH@lassd.org> 3/19/02 9:31AM Re: JHSAL City staff would be willing to consider recommending approval of subordinating the City's loan under certain conditions. We would want to ensure that there is enough value in the property to protect the City's interests and we would need to know that the new loan could be repaid through fund raising or another way that would not violate conditions of the project's redevelopment permit. I would recommend that we hold off on meeting to discuss specifics until we know how large a loan might be needed. I imagine you will have a better idea about that after bids are opened. Thanks for your help on the project. Please let me know If you have any questions. Frank >» "Dennis Holz" <DennisH@lassd.org> 03/15/02 11 :59AM >» Frank: Thanks for all your help this morning. This Is a status update for you, and a request that the City allow a subordination of its contract to a loan to complete the balance of the contruction costs, if needed. 1. Status: JHSAL has a construction manager on staff handling the bidders' questions and tightening the specs even beyond the booklet that was produced to squeeze the last drop out of the bids coming in. JHSAL is organizing a major fundraising drive to meet the final construction goal. It may be necessary to get a loan to finance the balance of the bid price if It Is beyond the amount of the City's and JHSAL's cash. 2. Loan: We have been in contact with an organization in Orange County that specifically lends to municipal oriented projects handled by 501 (c)(3) organizations. The amount needed to bridge the gap to complete construction will be based upon the actual bids we receive. They will lend without any qualification since the amount is less than 70% of the project costs, and even less than that when considering the total value of the completed project including land. We request the City give JHSAL preliminary approval to consider this means of completing the project if needed. JHSAL understands there may be concerns, but believes that those can be met with discussion and a mututally acceptable set of conditions and terms. Please let us know the viability of moving fOIW8rd on this front. JHSAL currently has expended almost $60,000 of its own money on this project, and $44,000 of CDBG money. The project has a new well informed construction manager working with the bidders, the building permits are in place, and all that is left is to close any shortfall in funding to get the project underway. The loan altematiVe is viable, would be a small part of the overall cost, and would not jeapordize the City's interests in the project. Finally, it is not clear that JHSAL will actually need the loan. But it is important to determ1Ae the parameter-s for using this strategy and have it in place in the event it is necessary, so that the project can continue on the current schedule. May JHSAL have a reply that the City will consider this under a yet to be determined set of criteria, and can we set a future time to meet and discuss the j Dennis Holz -Re: Jt-iSAL parameters? Your help has been invaluable, and we continue to trust in the City's efforts to see this through. Thanks, Dennis CC: <joinhandssavealife@hotmail.com> ' ' April 22, 2002 Frank Serino • C Join Hands-Save a Life 3528 Madison Street Carlsbad, CA, 92008 Dear Mr. Serino: • Thank you for meeting with me recently regarding progress on the proposed Join Hands- Save a Life recreation center. This Jetter will outline City staff positions on topics discussed during our meeting. Matchine Requirement for 2002-2003 Program Year Funds The $150,000 allocation for the 2002-2003 Program Year requires that matching funds be used on development (construction) of the project prior to disbursement of an equal amount ofCDBG funds. Subordination of City Loans Prior to considering entering into any subordination agreement related to the City's Joan of COBO funds for the project, tenns of the proposed new loan and a draft subordination agreement must be submitted to the City for review. Key to staff's support of the proposed subordination agreement will be the intended repayment plan for the loan. ~ City will require assurances that the loan can be ,:q,aid before we will recommend subordination of our substantial loans for the project. In addition, the subordination agreement must include language requiring that the City receive notice of any default on the new loan and that the City would have first right to cure any defauJt. This will allow the City to protect the investment of COBO funds in the community. Documents to be Submitted for Amoval Prior to Award of Contracts Before any contact is awarded for die p•;«t. Join Hands must submit the bids from the finn(s) it wishes to work on the project, clmft. WD11at1(s). and a construction budget. The budget must include a five-year opeallliug .--mowing bow revenue wilJ be generated to cover start-up costs for the facility ..a• adla'CMlp&nt opaating expenses. City staff is concerned with the current proposal to r-+el,!y ow,,ly with the matching requirement on the 2002-03 COBO Program Year alloc•MMI ..tS1')J)OO with loan proceeds. The five- year operating plan must indicate bow 1rw IIClllkl be generated to repay any loans with activities that are in compliance wilb ow(I· -w:t bib in the project's Redeve]opment Permit. 2965 Roosevelt St., Ste. B • Carlsbad, CA P I 1111 • (780) 434-2810/2811 • FAX (760) 720-2037 * --~ . ~'-~ r_--~-~~;;.· I -. .. '.i;. I ' r: ·' . > . ·.' ., ' PAGE2 Join Hand-Save a Life • • June 30. 2002 Deadline for Use ofCDBGFunds The City Council has extended ~ deadtinc on use of CDBG funds on the project until June 30, 2002. City staff will not be able to sup_port any further extensions on use of the funds unless construction activity has begun by June 1• at the latest, and substantial wm is completed on the project by June 256. Join Hands ·must submit all of the documentation described above to the City-as soon • possible to allow adequate time for review and approval if contracts arc to be awarded in time for begin work by June 1 •. Thank you ,again for the recent status report on the project. As always. feel free to call me at 434-2818 if you have any questions reganting the City's CDBG Program. Sincerely, FRANK BOENSCH Management Analyst c: City Manager Community Development Director Housing and Redevelopment Director May 10, 2002 • Ci pe_~\,-,e.. ~()v,(\~ir\ 0<' 5a_j & q PPT" o-.J ~J. w i +h our l,.Ja 5 w <" o "' ~ N-e \Je < ct I'\ 7 .f J, ; ,,., 'J \o uJ.,e+.f She-J.,~ Frank Sorino, President Join Hands -Save a Life 3528 Madison Street Carlsbad, CA 92008 OV" e>p e--f"A..+1-,..j p\civ,. .J J.e.. (',;eJ o.. ?oe-k~+ v-e..+-o Cf "~ ~ue..n Dear Mr. Sorino: . · , ) ,....,.. fe(e,.'\V \J\ <"j -,h~r•• .,. Thank you for submitting documentation to support compliance with the matching funds requirements related to the CDBG funds allocated to the Join Hands project. The documentation indicates that Join Hands has spent $60,499 on construction related expenses. This satisfies the matching funds requirements for the 1998-99 program year ; grant for $20,307 and the 2000-2001 program year grant for $80,000. Those grants will now be available for construction purposes after the Housing and Redevelopment -Director has approved the construction budget and five-year operating plan for the facility as required by other grant conditions. As previously discussed over the phone, Join Hands wm also need the City Council to approve another extension on the use of CDBG funds for the project since construction wj)) not be completed by June 30, 2002. This may be done at the City Council meeting during which you plan to request a waiver of the matching funds requirement for the 2003-2003 program ye~ allocation of $150,000. Please feel free to contact me if you have any questions regarding the City's CDBG program. Sincerely, -7 ~ /~~ FRANK BOENSCH Management Analyst c: Housing and Redevelopment Director EXHIBIT F°3:>< ~"1N, U u l I ;? I 2965 Roosevelt St., Ste. 8 • Carlsbad, CA 92008-2389 • (760) 43;4-2810/2811 • FAX (760) 720-2037 @ -• tTOD.'r ... D. • 11A V.17 A AZrlll .r .•.•. A.11. May IO, 2002 Honorable Bud Lewis, Mayor a••• ••dbloa ,,,,.._, aa,,.._d, CA ••oo• .. , . .,.o-.,•o-o•,eo Council Members: Ramona Finilla, Matt Hall, Ann Kulchin, and Julianne Nygaard, City of Carlsbad I 200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Review of Conditions for JOIN HANDS SAYE A LIFE C' JHSAL .) Dear Mayor and Council Members: JHSAL hereby requests the Council to take two actions in suppon of its youth facility. I. Allow the use of the previously-granted CDBG funds in fiscal year 2002-2003. 2. Waive the "dollar-for-dollar" matching fund requirement of the recently- appropriated $ I 50,000.00 in 2002-2003 CDBG funding. JHSAL is ready to break ground on the current facility. However, even though it raised in excess of $100,000.00 in the year 200 l, and is well on its way to raising that much or more in 2002, it will need a bridge loan to complete the construction funding package for this project. This decision has not been made lightly by JHSAL. In 1999, when this project was first initiated, JHSAL had a strategy in place to construct the building with some CDBG funding and the use of volunteer sub-contractors where available. In 200 I, JHSAL received "volunteer" forms from City Staff which would allow it to submit volunteer labor to count against the cost of the project. Then, during the summer of 200 I, after bids had been received and the project set to move forward, Staff determined that there had been a change in the CDBG requirements and that all labor on the project would have to be paid for at the prevailing wage. Needless to say, this was a great shock to JHSAL, and an eleventh hour change in its building construction strategy. \ ' Carlsbad Mayor and Co1 "'4embers May 10, 2002 Pase2 - JHSAL has subsequently dropped many of its relationships with existing sub-contractors and spent its time pursuing additional funding for the project. All CDBG matching requirements for all funds provided through June 2002 have been met. JHSAL has expended over a quaner of a million dollars on this project already, with $43,000.00 of that coming from the City of Carlsbad. JHSAL has put in over $60,000.00 of its own funding and received over $160,000.00 in donated services and materials. JHSAL is ready to proceed with the construction of the facility. However; some time may be needed to work out the final arrangements for the loan and the JHSAL repayment schedule which is required by both the Oty and the lender. The loan commitment has already been made by the lender, and accepted by JHSAL. The Oty Staff is willing to consider the loan on the propeny so long as the payment schedule is approved. The final paperwork and documentation may push JHSAL close to the deadline for the use of the previously-committed CDBG funding. FOR nus REASON, JHSAL REQUESTS THAT 1HE QTY EXTEND ALL CDBG FUNDING INTO FISCAL YEAR '02-'03. Additionally, when Oty Staff proposed, in March ofthis year, that JHSAL receive the full requested amount of $1 so,000.00 from 2002-2003 CDBG funding, the rationale was that "the cost of completing the project will require additional matching funds". This is true. JHSAL will, as indicated by the chan showing available project funding, and TI-IE construction budget, need to inject additional amounts of capital into the project to complete it. However, the original Staff recommendation did not mention "dollar-for-dollar" match funding. JHSAL wishes to work with regional building suppliers for donations and reduced cost materials. Additionally, it will value engineer the project in an effon to funher reduce costs under the proposed bid from Bycor Corporation, the low bidder. Since JHSAL must also provide operational funding from the moment the center is completed, it wishes to work in its own interests to save as much funding as possible, reduce any loan to the bare minimum required, and diven any excess funding into its operational budget. TiiEREFORE, JHSAL REQUESTS TiiE CITI DROP ITS MATCHING REQUIREMENT ON THE 2002-2003 CDBG FUNDING. Carlsbad Mayor arid Cou .embers May 10, 2002 Page3 • Again, this will not mean that JHSAL will not raise the necessary funding to complete the building and to operate it. Approximately $100,000.00 beyond City funding is currently estimated to complete the funding package. But, eliminating the matching requirement will give JHSAL the flexibility to use donations, contract negotiations, and any other possible activities to reduce its construction costs and diven the program funding into its operational budget so that this project gets off to a good stan. Your consideration and suppon of these items is requested and needed. Sincerely, JOIN HANDS SA VE A LIFE FRANK SORINO Executive Director FS/b tliIN HANDS SA VE A LIFE. I FYl002 FY2003 FY204M FY2005 FY2006 I REVENUE County of San Diego 25,000 40,000 SO,000 50,000 50,000 Donated Rent/Utilities/Storage 13,200 0 0 0 0 Public Support 15,000 15,000 20,000 20,000 20,000 Foundation Grants 7,500 30,000 35,000 35,000 35,000 Cozporate Grants 9,500 12,000 15,000 20,000 25,000 Fundraiaen 59,000 70,000 70,000 75,000 85,000 United Way 5,500 10,000 12,000 12,000 12,000 City of Carlsbad 31,000 32,000 32,000 32,000 32,000 TOTAL INCOME 16!,700 209,000 234,000 2"4,000 259,000 EXPENSES Salaries 52,200 65,000 75,000 85,000 100,000 Payroll Taxes 5,500 6,875 7,906 8,934 10,506 Employee Benefits 4,800 6,000 6,900 7,797 9,169 Worker's Compensation lnsurance 2,850 3,563 4,026 4,549 5,350 TOTAL EXPENSES 65,350 81,438 93,831 106,280 125,025 OPERATING Rent/Uti1ities/Storage 13,200 0 0 0 0 Auto and Travel 2,616 2,694 2,775 2,859 2,944 Accountins/Comultants/Legal 5,000 5,150 S,305 5,464 5,628 Insurance/Fees/License/Taxes 6,021 2,400 2,472 2,546 2,623 Gym Equipment and Supplies 4,334 4,464 4,598 4,736 4,878 Office Equipment and Supplies 3,230 3,327 3,427 3,530 3,636 ... -. -.. ... --o?~-'1 • • JOIN HANDS SA VE A LIFE J.H.S.A.L. 2001 FINANCES JBSAL has $643,000.00 City of Carlsbad CDBG ( community development block grants) earmarked for construction including the $150,000.00 ofCDBG funds for the 2002 -2003 cycle. $44,000.00 of those funds have been spent for pre-development costs leaving a balance of$599,000.00. JBSAL has spent approximately $57,000.00 of it's own money, including the building pennit costs. Thus a total of$101,000.00 has been spent to ready the project to start. In 2001, exclusive of City of Carlsbad CDBG funds earmarked for construction, JHSAL has raised $104,211.72. City of Carlsbad (for operating costs) ............................................... $34,800.00 Service Clubs ............................................................................ $5,515.00 Corporations ............................................................................. $8,391.46 United Way .............................................................................. $5,519.26_ Foundations ............................................................................. $32,SOO.OO ()ther .......................................................................................... $21.00 Fund-raisers$ sales ......... .-............................................................. $2,160.00 Individual Donations ................................................................... $15,305.00 Total ..................................................................................... Sl 04,211. 72 In Kind Services in Excess of ........................................................ $100,000.00 (Legal, architectural, consulting, engineering) Equipment Donations .................................................................. $11,125.00 Donated Activity, Office, Storage Space, and Utilities ............................ $11,400.00 • JOIN.HANDS SA VE A LIFE • JHSAL 2002 PROJECTED INCOME RECEIVED LIKELY1 __ -:ounty of San Diego -Discretionary Funds $25,000 - - County of San Diego Office of Education :ounty of San Diego Oilldren's Services City of Carlsbad -CDBG Jnited Way City of Carlsbad -Matching Operations Grant FUNDRAISING :oncert Parking Lots ]olf' Tournament 'inner/Auction .Jvidual Donations r'OUNDATIONS .Jonh County Times Wells Fargo CORPORATIONS lordson Power Plant :arlsbad Self' Storage Other TOTAL $6,600 $1,500 $3,500 $1,500 $750 $500 $4,000 $1,000 $15,000 $8,000 $15,000 $5,000 $2,500 $S,000 $2,000 $7S0 ssoo $39,350 $58,7S0 POSSIBLE $25,000 $18,000 $12,000 $25,000 TOTAL $50,000 $18,000 $12,000 $6,600 $5,500 $25,000 $3,500 $2,500 $15,000 $8,000 $15,000 $5,000 $2,500 $S,000 $2,000 $1,500 $1,000 $80,000 $178,100 1 "Like1y" means there is historical suppon for this level of funding. JOIN HANDS SA VE A LIFE FINAL CONSTRUCTION BUDGET Bycor Bid for Building Construction Pascal Steel Bid for Building Frame and Roof Contingency Soft Costs (estimated) Base Building Costs Alternatives B - F (optional) Expanded Building Costs $501,896.001.z $113,361.oo3 $30,000.00 $60,000.004 $705,257.00 $57,232.00 $762A89.00 1Mathematical error in original bid: $4,200.00 was added for bonds which was already included. That cost has been removed from the $506,096.66 bid. 2 JHSAL believes this bid figure will be reduced upon value engineering discussion between Bycor and JHSAL Construction Manager prior to signing contract, and donations or reduced costs for materials. 3Reflects 5% steel cost increase due to Federal Steel Tariff, and credit for initial payment of $6,S00.00 to Pascal in 2001. 4Project Construction Management S 14,000.00 Testing $4,000.00 Utility Hookups $30,000.00 Contingency $12,000.00 -- JOIN HANDS SA VE A LIFE CONSTRUCTION FUNDING EXPENDED TO DATE For architecture, engineering (HVAC, electrical, soils, plumbing, etc.), boundary adjustment, landscape plans, City building permits, water fees and hookups, bid packages, blueprint sets, accounting and project development consulting. City of Carlsbad CDBG Funds JHSALFunds Total Related Services Donated to JHSAL Total Expended to Date $43,915.74 $60,499.27•.2 $104,415.01 $162,934.003 $267,349.01 1With these expenditures, all required matches for CDBG funding through fiscal year 2001-02 have been met. 20f this total, $45,000.00 paid to City of Carlsbad for permits. 3See Attachment for breakdown. -- JOIN HANDS SAVE A LIFE PROJECT ORA W SCHEDULE AND APPROVALS I. Draws will occur monthly, at the end of each month. The project is based upon a I SO-day schedule which may be modified to a 120- day schedule. There will be a 20% hold-back for completion of the punchlist and release of all claims. 2. Each draw will receive prior approval from the City of Carlsbad, the JOIN HANDS SA VE A LIFE Construction Manager, and the Project Architect. 3. This tri-level independent review and the limited number of draws will provide security for correct and verifiable payment. 4. JM Consulting, or the Construction Manager, will be on site as needed, but at least weekly. The City of Carlsbad will provide building inspection services for compliance with the Unified Building Code. The Architect, Ken Purdy, will independently view all improvements prior to approval. -- JOIN HANDS SA VE A LIFE UNCHARGED BUILDING SERVICES PROVIDED TO JHSAL 1. Legal $50,500.00 2. Architect & Planning $38,825.00 3. Specifier $30,000.00 4. Construction/Project Manager $5,504.00 s. Design Concept $7,000.00 6. Consulting Services $10,125.00 ,. Land Use Planning $7,875.00 8. Soils Report $2,015.00 9. Office Furniture and Equipment $9,625.00 IO. Office and Rec Room Donations $1,465.00 TOTAL S 162,934,00 1. 2. 3. 4. s. 6. 7. 8. 9. 10. 11. 12. 13. 14. IS. 16. 17. 18. 19. 20. -- JOIN HANDS SA VE A LIFE FINAL DOCUMENTATION OF QUALIFIED EXPENDITURES TO MEET ALL MATCHING REQUIREMENTS FOR CDBG FUNDS FROM THE CITY OF CARLSBAD FISCAL YEAR 2001-2002 GeoSoils,lnc. G. Goertz General Building Contractor Haynal Co •. North County Tunes GeoSoils, Inc. Carlsbad Unified School District $1,000.00 $2,800.00 $500.00 $94-30 $162.00 $2,037.75 Oty of Carlsbad $23,636.37 Oty of Carlsbad $21,121.00 Kenneth A. Purdy $4,391.00 Bell Blueprint Co. $234-78 Kenneth A. Purdy $204-35 Universal Reprographics San Diego, Inc. $59-40 Oty of Carlsbad $385.00 Bell Blueprint Co. $S18.63 Bell Blueprint Co. $877.20 Office Depot $57.87 Bell Blueprint Co. $2S9-79 North County Tunes $106.00 JM Consulting ($789.35 + $971.75) $1,761.10 San Diego Daily Transcript $292.73 TOTAL $60,499.27 /P-/1 . ' - JOIN HANDS SA VE A LIFE (J.H.S.A.L) A non-profit Charitable Corporation 3528 Madison street Carlsbad, CA 92008-5034 (760) 720-0540 June 12, 2002 · Debbie Fountain Housing and Redevelopment Director Frank Boensch Man4gement Analyst Dear Debbie & Frank: The J.H.S.AL. Board of Directors would like to know ifwc were to present you with a check for the $117,191.00 needed to complete the building project, would the City of Carlsbad release our CDBG funds and anow us to immediately begin construction? Our plan is to contract with the Cotmty of San Diego for the morning use of the building by a court school, if that plan should somehow fail, we would pursue a contract with Mental Health Systems and other agencies which would fit into the existing use of the building. Once construction is underway we would be able to focus our energy on our already planned fund-raisers, charity golf tournament, dinner auction, concert ect. We raised $115,000.00 out of our garage in the wake of 911 last year and feel that we can easily match and exceed this with our new facility. Time is of the essence and we would appreciate an immediate response. Thanks for all your past support and guidance. Sincerely, Frank Anthony Sorino Founder/CEO & / CJ The Join Hands Save A Life Board of Directors. C: Dennis E. Holz, Managing Attorney Lf l -1 Ii I 'I , I 4: .-., JOIN HANDS SA VE A LIFE (JHSAL) FINAL CONSTRUCTION BUDGET Building Construction (A&B) Pascal Steel Bid for Building Frame and Roof Cl Soft Costs (D) Contingency Base Building Costs S 471,896.00 S 113,361.00 S 36,000.00 S 62,125.00 $ 683,382.00 (A) Mathematical error in originaJ bid: $4,200.00 was added for bonds which was already included. That cost has been removed from the $506,096.66 bid (B) Bycor Bid ofSS0l,896.00 will be reduced a minimum of$30,000.00 further value engineering between Bycor and JHSAL Construction Manager prior to signing contract wiJJ also Jower construction costs. (C) Reflects 5% steel cost increase due to Federal Steel Tariff, and credit for initial payment of $6,500.00 to Pascal in 2001. (D) Project Construction Management $12,000.00 Testing $4,000.00 Utility Hookups $20,000.00 (E) Alternatives B - F (optional) are a additional $57,232.00 CONSTRUCTION FUNDING AVAILABLE City of Carlsbad CDBG Matched Funds S 449,000.00 City of Carlsbad CDBG Fund 2002-03 (matching up to S 150,000.00) JHSAL (match) Total Available Funding $117,191.00 I 2 $ 683,382.00 t-/ 1-Q COMMUNITY PROJECTS PROGRAM NAME OF ORGANIZATION: EXHIBIT A FOR2001-02 Join Hands Save A Life DATE OF AWARD BY THE BOARD OF Sl.JPERVISORS: January 15, 2002 (29) DISTRICT: Supervisor Bill Hom PERIOD OF CONTRACT: February 21, 2002 -April 22, 2003 SCOPE OF SERVICE: Construction Cost, Insurance, Staffing, Fee's Equipment and/or General Operating Expenses. AWARD AMOUNT: $25,000.00 I agree to the Contract terms stated" above: - Signature I l -2 ,-'2 PD~ Date RECEIVED· M1'\l 1 6 1002 Per.~~$- February 7, 2002 Mr. Frank Sarina President, CEO Join Hands Save A Life 3 S28 Madison Street Carlsbad.1 CA 92008-5034 Dear Mr. Sorino, • BILL HORN Supervisor -~iff h Oistric t San Diego Cour'\ty Boord of SL•per-1isors 1600 Pocifi:; >-jghwoy. £on Diego. CA 92101 619.531.5555 FAX: 6l9.6S5.2~62 l'ru looking fonyard to the next step forward for ''1 oin Hands Save A Life~ on February 14, 2002 at 3575 Roosevelt where you will bl.lild your new facility in Carlsbad. It will be my pleasure to prcs~nt you with a check for $25,000 from our County Comn1unity Projects fund. i•m happy that Carlsbad ~!ayor Bud Lewis will also be part o: the ceremony. Your organization is dedicated to the well bieing of young people, and for that reason it would be fittjng to have children at the ceremony to share in this important da}'· for you and the City of lsbad. I hope you'll be able to work with 1ocal school administrator& to make thi ap en. It ill be an excellent opponunity for the young people to use this as a real•liii du tiona1 erience. December 16, 2001 Frank Anthony Sorino Join Hands Save A Life 3528 Madison Street Carlsbad, CA 92008-5034 Dear Ronald, "You can Count on Us!" City of San Diego Employee Share Program The Employee Share Program, City of San Diego, is pleased to provide Join Hands Save A Life a Share Community Grant of $550. Your efforts to provide insurance and program costs to build a youth center will make a major difference in our community. The Employee Share Program is providing a share to all the agencies who applied to meet the community needs in the San Diego area. Unfortunately, we are unable to fully fund your request at this time. These funds can be used for the most critical needs of your agency. If you have any questions regarding your funds, please call Georye Morton Jr. at (858) 492-5035 or ESP's president David Arce at (619) 531-2737. eorge orton Jr. Allocations Chairperson Employee Share Program City of San Diego City Administration Building, 2oi "C" Street Mail Station 150. San Diego. CA 92 Io I October 30, 2001 Join Hands Save a Life 3528 Madison St. Carlsbad, CA 92008 Dear Mr. Frank Anthony Sorino: Asymtek Headquarters 2762 Loker Avenue West Carlsbad, CA 92008-6603 USA Tel: 760-431-1919 Fax: 760-431-2678 Email: info@asymtek.com Website: http://www.asymtek.com Asymtek (a Nordson Company) is pleased to announce that Join Hands Save a Life has been approved to receive a $5,000.00 grant from the Trustees of the Nordson Corporation Foundation. We are most enthusiastic and supportive of the work you are doing in the community and hope that this grant will encourage others to support your efforts as well. As a condition of the grant, we will require a report on the progress your organization has made during the grant year. We ask that your report contain information on how the dollars were spent, how the grant allowed your organization to impact the community or issue that was being addressed, and what lessons were learned during the grant year. This report will be due in our office by October 31, 2002. Sincerely, U\11~C"1~ Ray A. McHenry Human Resources Manager Asymtek October 29, 2001 Mr. Frank Sorino Executive Director Join.Hands-Save a Life 3528 Madison Street Carlsbad, CA 92008 Dear Mr. Sorino: We are in receipt of Join Hands-Save a Life's memorandum of understanding. Accordingly, please find enclosed a check in the amount of $25,000.00. If you have any further questions regarding this grant, please do not hesitate to contact our office. Sincerely, ~~ Executive Assistant Enclosure Michael Bravo Lopez • President and C.E.O. • E-mail: mblopez@bravofdn.com 613 West Valley Parkway • Suite 310 • Escondido, California 92025 • (760) 740-6630 • Fax: (760) 740-6633 Los Angeles Regional Commercial Banking Office 333 So. Grand Ave., 3rd Floor Los Angeles, CA 90071 October 10, 2001 Mr. Frank A. Sorino Join Hands / Save a Life 3528 Madison Street Carlsbad, CA 92008 Dear Frank, ■ I am pleased that our earlier phone conversation turned into a contribution from the Wells Fargo Foundation! Please find enclosed a contribution in the amount of $2,500 for Join Hands/Save a Life from the Wells Fargo Foundation. As I mentioned when we spoke, I am attaching the Wells Fargo Foundation's "Contribution Guidelines" brochure to assist you in applying for a grant next year from the Foundation. (I have sent a photocopy because our new brochures are being printed. Guidelines will not change.) This will remind you of the best strategy and the necessary paperwork to be considered for further Foundation contributions. Please do not hesitate to contact me at {213) 253-6221, should you have any questions or comments. I wish you all the best in your capital campaign and the building of your youth center! Best regards, ~°'½9 Emerging Markets Manager \-· June 26, 2001 Frank Sorino Join Hands Save a Life 3528 Madison Street Carlsbad, CA 92088 MATCHING CITY FUNDS AGREEMENT On June 5, 2001 the Carlsbad City Counclf approved your o,ganization to receive $25,000 in matching funds. This letter Is to serve as a Letter of Agreement between your organization and the city of Carlsbad. The term of this agreement is one year beginning July 1, 2001. The funds will be disbursed in $5,000 increments, or more, once evidence of matching funds is submitted. The definition of matching funds for this purpose is: • Any grant funds received from other than the city of Carlsbad • FundraisJng revenue (net of fundraising expenses) • Cannot be the same funds used as matching funds of other City grants • Received by your organization between June 5, 2001 and June 30, 2002. AJI evidence of matching funds must be submitted by July 15, 2002 In order to be eligible for these City funds. Please sign the agreement and return it in the encJosed envelope. · Should you have any questions, please feel free to call Cheryl Gerhardt at 602-2428. Sincerely, ~~RAND Finance Director I agree to the above conditions Frank Sorlno Date ◄D~C C-•-...J-•• A,•--••-• ,-..--1-h-.J ,-..11, nr,r'\nl"I -,.,,_. A -,~ran,""'""'""'•""" -r-A'\.# ,...,.,,.._" ,...,..,.... ,.....,r,... " North County Times Charities Fund A fund of the Robert R. McCormick Tribune Foundation June 15, 2001 Mr. Frank Serino Executive Director Join Hands-Save a Life 3528 Madison Street Carlsbad, CA 92008 Dear Mr. Serino: We are pleased to inform you that the Board of Directors of the Robert R. McCormick Tribune Foundation approved the following grant from the North County Times Charities Fund on Thursday, May 10, 2001. Amount: Purpose: Payment Schedule: $5,000.00 For general support Tuesday, June 12, 2001 A check for $5,000.00 is enclosed. Please review the attached."General Conditions for McCormick Tribune Foundation Grants," which are an integral part of this grant award letter. Please note that if you are asked to reapply for funding, your next application must include information on how this grant was used. Please indicate your acceptance of this grant by signing and promptly returning the enclosed grant acknowledgement form. We wish you success. Sincerely, UA.P~ David Pesqueira Senior Program Officer Enclosures Helping children and families in North San Diego and Southwest Riverside counties P.O. Box 300639, Escondido, California 92030 • 760/740-3503 GOLD DIGGERS Gifts of Loving Donors Frank Anthony Sorino, Executive Director Join Hands -Save A Life 3528 Madison Carlsbad, CA 92008 Dear Mr. Sorino, April 2, 2001 On behalf of the Gold Diggers' Philanthropy Committee, we are pleased to award Join Hands -Save A Life, the enclosed amount of $2,000.00. This is in response to your application for Gold Diggers to assist with the purchase of a boxing ring or to make repairs to your van. , ·· ----. :.~-; · <:-We ,are delightecf ~o do this donation during our 2000-2001 granting cycle. We , ,, : ·., would ttppieci~(e receiving ;ahy updated m~terial,. ~uch a$. ~11nual reports, press ... · releases, and.other vitaI fr1fornjation that wouicf~keep' us 'iriform~·a bf the assisted fµnding,: as wen as copies of any mention· of Gold. Diggers .. name 'fcfr recognition.>· '. \ : -:.f / .,)::,., :\·,:,·. ':·, . ·.. ·t . . . . .-. . . ·,.•; . . ;,. ~ . 1 You are welcome to attend our eighth annual Hats Off "In Full Bloom" Luncheon, June 26th, at the Doubletree Hotel. Please call Tanya Alpert at (858) 481-4250 to add any names you wish to the mailing list to receive an invitation. You may request an application to enter a decorated hat in the hat show, possibly allowing you to receive more money based on the voting of the favorite hat entry. If we can answer any questions for you, please call us. We wish you and your organization continued success. Congratulations for all that you do to help our fine city and so many who live here. Enclosure: 1 Sherry Hughes 1573 Hamilton Lane Escondido, CA 92029 (760) 747-7711 Sincerely, Rita McNeely 9833 Edgar Place La Mesa, CA 91941 (619) 286-4131 a s :: i I THE BRAVO FOUNDATION 613 WEST VAU.E.Y PARKWAY, SUITE 310 ESCONDIDO, CA 92025 760-740-6630 BANK OF AMERICA ESCONDIDO, CA 92025 16-66/1220 ma Oct 1, 2001 16350 CHECK NO. tlXlli!idi ******$25,000.00 · IB',I Twenty-Five Thousand and 00/100 Dollars T01lfE Join Hands-Save a Life ~DER 3528 Madison Street Carlsbad, CA 92008-5034 Jolemo: PAV TO THE OROEROF _ .......... ,••--· ._,;_ .. --··--. ---.. . THE NORDSON CORPORATION FOUNDATION 28801 CLEMENS RD. WESn.AKE, OHIO 44145 Join Hands Save a Life KEYBANK NATIONAL ASSOCIATION CLEVELAND, OHIO 44114 6-1~10 .. 348 10/23/2001 s ••s,000.00 Five Thousand and 00/lOO•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• DOLu MEMO Join Hands Save a Life 3528 Madison Street Carlsbad, CA 92008 -~-~--------------11•□□ 3 t.88n• 1:□a.. Ii □□ lO 3i 'i•:□□ 100111 2 1 'i 3 Su• -----··----· ----------· ··-·· -------------------------· . . . . . . . ·-..... -···---. 6102 ~ -.;I ?-0 I !UT£ .. ..__ UNITED WAY OF SAN DIEGO COUNTY 4699 Murphy Canyon Road San Diego, CA 92123 {858) 636-4149 ****Two Thousand Fifteen and 92/100 Dollars PAYTOTIIE ORDER OF: Join Hands -Save A Life 3528 Madison Street Carlsbad, CA 92008 Califomla Bank and Trust 11752 El Camino Real San Diego, CA 92130 I·:. . . :: -:·. ::~::·.}-~-. : . ij'. .)))_;:~/.:. I;•:.:• • : ••• .. • • CHECK NUI\-IBER: CHECK DATE 11/26/2001 PAY THIS AMOUNT $2,015.92 To The Order Of Join Hands,Siiv,, A !-lie . _; • '. .i:)F ~~=.~-= 5:;~fa::_;i_}_ .. ··:~ .. t~!}if Jt?1:}if ~\F:¾[C_;"L,:. "· ·--_::::~:__,~=--JI.~------::_. CITY OF SAN DIEGO EMPLOYEE SHARE PROGRAM .202 C STREET, M.S. 150 SAN DIEGO. CA 92101 PAV TO THE ORDER OF JOIN HANDS SAVE A LIFE .. WELLS FARGO BANK, N.A. 11/30/2001 $ -sso.oo Five Hundred Fifty and 00/100••••••••••••••••••••••••••••.-........................... , ............................................. ..., ..... ..,.,...., .... ,., ........................ ..., •• H., .... H .... , ... , .... .,., .... ,,.,,, .......... ,..., ...... . MEMO WA.a ~ ·.~~ ~ 1 3337 DOLLAR~ M THE fHONT 0~ rHIS DOCUMENT HAS A MUlTICOlOREO 8ACK6ROUND ON ltt'HITf PAP FR TH( BACk or THIS OOCUM[liT COkTAINS ~N ARTIFICAL WATERMARK· HOLD AT AN ANGIF TO \llfW ■ Rcmitll:r: \\.'ELIS FARGO FOUNDATION -SIXTH AND MARQUETTE MINNEAPOLIS, MN 55479 Payor: WFB OHIO-FOONDATIO." (MN) I IS HOSPJTA.L DRIVE VAN V.'ERT, 0032873 Date 09128/2001 Pay Amount S2,580.00°• Pay .... TWO THOUSAND FIVE HUNDRED AND XX 1100 US DOLLAR.•••• Tone Order Of JOIN HANDS -SA VE A LIFE 3528 MADISON STREET CARLSBAD, CA 92008 --~~~~ •• ~L-• ••• •••--~UU19 . gnature ---···----. -·--··--··-··-----··-·-····---. ··----· ... ELIZABETH R FERGUSON MARVIN D FERGUSON CARLSBAD, CA 82C>18 Date 0478 .. 1349 $/H~ !:'':::.~:-:-L...::.~~.::.::..-=:..:..i-.,=..___.L!...==----=--=--=--=-===-=-=~_.;:.,-- ~SAllh 1UJ1 W11. --- 6092 DOMINICK J. OR NORMA SORINO CARl.SBAD. CA 92008 -If DAr. August 14, 2001 ,,.v ,o •Ht __ J_O_I_N_H_A_N_D_S_-_S_A_V_E_A_L_I_F_E _______ __,I $ looo. oo O'tDU l'f . One Thousand and 00/100---------------------'i'=.,:•-------------=--------------oouAa~ u,._.,. ... _ • ~~~~ <!!? ~• =::tion _~_a.=._-_ ~~a{J·,42 • J!!f1 -.... tJfflNM:d e i¼ L♦♦ I I mr & Fnc•ii,W f-P·=•:.nm? * b 5 J: .. . . . -·----------- rt1'1'fl'T!E'D W~Y Since we are one ef V.nitedWay's 'Agency Services, you can yfecfge a donation direct{y to our non yrefit organization Gy · using our name and V.nitedWay number: :Join 1-fands Save 'A Life number: 6337 * All donations are ta"< deductable. Federal tax exempt ID# 33-0592140 California Corporation# D-1857764 "JOIN HANDS-SAVE A LIFE" 3528 Madison Street Carlsbad Ca 92008 (760) 720-0540 ( A non-profit charitable corporation ) Chief E"<ecutive Officer Frank Anthony Sorino Procopio Cory Harg!eav~sh & Savitc LLP 7ounifdl9.f6 Mr. Frank Sorino Executive Director Join Ha.rids Save a Life 3528 Madison Street Carlsbad, CA 92008-5034 530 B Street , Suite 2100 • San Diego • California 92101-4469 Telephone (619) 238-1900 • Facsimile (619) 235-0398 • www.procopio.com November l 5, 2000 Patrick \V. Mar1in Di~t Dia.I 619m5-J2J0 lntemet: pwrn@prc..:opio.cor:, VIA U.S1 MAIL Re: Engagement Agreement Dear Mr. Sorino: On behalf of Procopio, Cory, Hargreavc:-s & Savitch LLP ("PCH&S") we are pleased to be able to provide legal services with respect to tax advice concerning tax deductible donations (e.g. used vehicles, boats, etc.), and the use of a third party company to solicit such donations on a pro-bono basis. As we discussed over the telephone, we will represent the nonprofit entity Joint Hands Save a Life and not you in your individual capacity. I have enclosed an Engagement Agreement ("Agreement") from our law finn which is required by PCH&S before we can provide JegaJ services to you. PJease carefully review the Agreement and familia.Iize yourself with it, and contact me with any questions or comments you might have. If the Agreement is acceptable,. please sign where indicated and return an originally signed Agreement at your earliest convenience. We thank you for your consideration. Please do not hesitate to call us with any questions or comments you might have regarding the enclosed Agreement or any other matter. PWM:rcd Enclosure With kindest regards, & PATRICK W. MARTIN. for Procopio, Cory, Hargreaves & Savitch LLP Karen L. Gleason Huss 1739 Sorrel Court. Carlsbad. California 92009 COUNSElOA & ATTOANEY AT lAW (760) 438-4082 January 30; 1999 To Whom It Moy Concern: RE: Join Hands -Save A life This letter ·may be used in s_upport of or as documentation for any public or private grant or other financial or programming request by the Boord of Directors of the non-profit incorporation known as Join Hands -Save A Life. I om on attorney duly licensed to practice law in the State of California and have provided legal 09vice and services --all free of charge --to the Officers and Directors of Join Hands since September 1992. Those services include, but ore not limited to, developing the articles of incorporation and bylaws, preparing the federal and state applications for non-profit incorporation status, provi_ding advice regarding management and financial requirements and procedures, and reviewing contracts (including the purchase of real property) and grant applications. I do not hove the total number of pro bono hours for legal services provided over" , the years except to report that the hours ore in the several hundreds and represent a significant investment of my professional time. ' As a citizen of Carlsbad, my husband and I hove also continuously supported the group with donations of cash and tangible property which was used directly for programs and indirectly for fund-raising. Professionally and personally, I om proud of what the Officers and Directors of Join Hands -Save A Life have accomplished so for and of their goals. I om impressed with their dedication and that of their supporters. I wish them luck and intend to continue my support as I hove always done. Sincerely, ~ ~1/u-~ Karen L Gleason Huss . KLGH:lad cc: JHSAL, Boord of Directors January 31, 1999 Carlsbad City Council 1200 Carlsbad Village Dr. Carlsbad CA 92008 Dear Mayor Lewis and City Council Members, I am writing this letter in support of Frank Sorino and Join Hands Save a Life. As is indicated in the name, you have the opportunity to "save a life" by approving their gym. Mr. Sorino has worked with youth, particularly 'at risk' youth, for many years. He has provided a positive role-model for adolescent boys, some of whom lack a solid male influence in their lives. The community and City of Carlsbad offer a plethora of activities for children. Unfortunately, there are fewer and fewer programs available as children grow older. Extra-curricular sports programs offered by the schools provide some options, but they serve only about 25% of the student population. Join Hands Save a Life takes the next step by targeting youth who would not typically participate in school programs - with an emphasis on those who need extra attention. These are youth who are at a turning point. Join Hands Save a Life is committed to helping these youth become exemplary citizens. Now, they are asking for your commitment. You have the opportunity to make a statement about how Carlsbad values its youth. Your support of this program will speak volumes. I urge you to speak with a clear and unanimous voice, to approve the Join Hands Save a Life gym. Our kids are depending on you. Sincerely, // // '-;v . . . I' ,. v~t -l?J.,.::d-.. t-'-'' ( / , Nicole Pappas 2689 Garfield St. Carlsbad CA 92008 760-4-34-5951 cc: Frank Sorino March 9, 1999 To whom it may concern, I am writing this letter on behalf of Frank Serino and his program Join Hands Save a Life. I am a licensed Marriage and Family Therapist and independent contractor with the Carlsbad Police Department. For the last twelve years I have coordinated the GUIDE program whereby I counsel "at risk" youth in the Carlsbad Unified School District. I come in contact with children ages 1 0 to 1 8 years old who are experiencing school and or family problems. As a counselor I recommend and refer students and their families to different resources in the community. I often recommend Join Hands Save a Life to male teens who are having difficulties with expressing their anger and channeling their energy in constructive ways. "Join Hands" has a reputation amongst the youth in the community as being a comfortable place to spend time and learn physical, social and job skills. Mr. Sodno has struggled to keep ., Join Hands" open long hours so that the kids have a place to go after school and in the evenings, during the time that criminal behavior is most common amongst minors. Additionally, "Join Hands" remains cost free so thet §11 the children in the neighborhood may have the opportunity to participate. I am aware that besides providing the time and place for kids to meet and work out on a daily basis, u Join Hands" and it's youth members reach out to the community in the following ways: 1 . Organizing work crews to clean up yards of weeds and debris 2. Painting homes 3. Providing transportation for students to go on field trips 4. Providing weekly barbecues for the school district's "critical hours" program 5. Regular fund raising activities 6. Presentations to local government These extracurricular activities provide great learning opportunities for youth. I will continue to use this unique and beneficial program as a resource for youth, especially those who have difficulties expressing their anger and dealing with conflict constructively. The process of learning the highly physical and skillful sport of boxing within a positive environment and with good roll models is invaluable to the youth I work with. \ ~·ncerely, ' }{; P nn~e~ M.S., MFT Coordinator/Counselor GUIDE Program Carlsbad Police Department (760) 931-2167 AON PACKARD ,.1 ,., o,s,••c•. C••••o•••• , . .,,.,a.u,,rr Af•fllttr"kl& 110'1S \· •tof ,.u•,1•1 II f' 1 .. 1111111• , ....... , .. . } I 6] It•,,.,,_.,, lldll!i.f c,,, ,, 1 A1111 o,r,r. .,,. .. ,.,,;11,,. DC 10515 115~8 11011 ns. Jsos (l[ong-ress of tlJe <AI nitrb ~tntrs Ji) o u B'e of .f\c p resr II tn tit.Jr s' December 8, 1994 Mr Frank Anthony Sorino, Presidenl Join I lands -Save a Life 3528 Madison Street Carlsbad, CA 92008 Dear Mr. Serino: PllASl RtrlY 10 I J 221 [ASI V1SIA WAY Su111 205 V,u,. CA !120114 101!11 6J1 1Ju4 1 I ti]~ l:AMlftU Ill I u::-. , .. , .. Mt, Su11t 2114 !) at, l: I l a.11 t, I l c' ,\ ~ .! 0 / f Cl 1-1/ J:JIJ .' fl I I am writing lo express my support and gratitude for your "Join I lauds, Save a Life" non-profit organization. The Ci1y of Carlsbad is privileged lo have a dedicated man like yourself working on behalf of rhe youth of rhe community. I am extremely impressed that your program, which s1ar1ed our as just a boxing team, has grown to include a comprehensive set of extracurricular activities for the youth of the Carlsbad area. As a former Mayor of Carlsbad and now Congressional representative for your area, I have seen a need for our young people to have ou1lets to more constructively channel their enormous energy. There are few belier ways lo mold their characters than through the teamwork and fellowship that they gain through the programs offered by your organization. I oITcr the full suppon of my staff and me 10 you and your colleagues as you seek ways to lunher expand the "Join Hands, Save A Life" facilities and programs. Please do not hesitate to contact me whenever I may be of assistance to your much-needed organization. My thanks and congratulations for rhe successes you have already achieved. Member of Congress RCP/djp f I II' •~ 1 • , U • •1 • · '' · • ''" ' COMMITTEES: EOUCATION NATURAL RESOURCES PUBLIC RETIREMENT & SOCIAL SECURITY SELECT COMMITTEES: MARINE RESOURCES CALIFORNIA-MEXICO AFFAIRS SUPERINTENOENT OF PUBLIC EOUCATION STATEWIDE IMMIGRATION 1MPACT TASK FORCES: CHAIRMAN LEGAL REFORM & BUSINESS COMPETITIVENESS voun~ ANO GANG VIOLENCE J\ssemhl~ C!Inl ifnrnin 1fie9islnture BILL MORROW Frank sorino Join Hands-Save A Life 3528 Madison Street Carlsbad, CA 92008 Dear Mr. Serino, ASSEMBLYMAN. SEVENTY· THIRD DISTRICT October 24, 1994 STA Tl CAPITOL ,.o. 90X 9'2141 SACIW,IEHT0. CA 11420-0001 PHONE: 11111 .. s-1111 FAX: 11111323-IJII OISTNCT omcu OAAHGE COUNTY 27126A PASEO ESl'AOA. SUITE •= SAN NAM CAPISTRANO. CA r.NS7$ PH()HE: f7UJ Cll-2-0, fAX:f7UJflt.n6t SAN OIEGO COUNTY MAILING AOOR£SS "'r.b. I 12 J.G St 1 0111 N0ATH Hill STREET OCEANSIO£. CA 12054 HONE: 11111 1$1·101A fAX•flltf 1$1-1081 I would like to take this opportunity to offer my congratulations and support for the Join Hands-save A Life organization. Your organization has become an asset to the communtity by providing at risk youths with a promising alternative to the gang lifestyle. The work of your organization is greatly appreciated. It is my pleasure to recognize the contributions of Join Hands-save A Life to the communtity of Carlsbad. I wish to further extend to you, my support in your efforts to expand the organization's facilities, as you attempt to accornodate the growing number of Carlsbad youths. Your commitment to the at risk youths of Carlsbad is to be commended. Once again, it is a pleasure to recognize an organization such as yours. Sincerely, ~DROW Assernbl an, 73rd District Represenlu>9 Soulh Orange County, Nonh San Die90 Counly, ,neluding Ille following commuMoes; Ae9Mn Hills, Aliso Vie,o, Bonsau, Buena. Camp Pendleton. Cap,s~•no Beach. Cartsbaa. Dana Point. De Luz. Fallbrook, Laguna Beach. Laguna Hills. LAguna N,guel. Le,sure World. M,ss10n Voe,o. Monarch Bay, Oceana. Oceans,de, San Clemenle. San ,1u-, Capisnno. San Lu,s Rey, San wis Rey HeighlS. San Onofre. SOUlh Laguna. Soulh OceanslCle, Three Arch Bay anC1 V,sta City of Carlsbad i•)ldfFI-SliU43ttffii-Jl®it3§ April 27, 1993 Frank Sorino 3528 Madison Street Carlsbad, California 92008 Dear Mr. Sorino: I am writing in support of the "Join Hands, Save A Life Boxing Club". I know that the Carlsbad Police Officers' Association has donated equipment and time to the program, and that we all wish that more could be done to help with the costs of youth programs such as yours during times of dwindling resources and revenue. I am informed that the anti-drug and anti-gang message of the club reaches out into the community and has had a positive influence of young men who are at risk. The physical training has provided a productive evening activity that teaches discipline and self-esteem. I am pleased to hear that your coaching and training methods have produced some promising athletes. I also appreciat_e the opportunity for young people to interact with our officers in a positive way. · Please accept my invitation and that of my staff to continue your Monday night workouts at the Safety Center with Lieutenant Hawks and other volunteers. db 2560 Orion Way• Carlsbad, California 92008-7280 • (619) 931-2100 • FAX (619) 931-8473 August28,2006 Fox & Fox CPAs, PC 4€?2~ $91).th W~ndl~r Driv~, $1).it~ 111 Tempe, AZ 85282 480-730-9545 To whom it may concern, · Fox and Fox CPAs, PC prepares the federal and state corporate tax returns for Join Hands-Save A Life, and has done so for several years. Our firm donates its time and service to Join Hands-Save A Life. We typically spend 10-15 hours each year to complete the corporation's tax returns, and donate an additional 20-30 hours each year for consulting purposes. Fox and Fox CPAs, PC plans to continue donating its time to Join Hands-Save A Life each year. Sincerely, Susan A Fox CPA Fox & Fox CPAs, PC JOIN HANDS SAVE A LIFE Giving Kids A Fighting Chance Join Hands Save A Life JHSAL A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad, CA. 92008 Tel/Fax (760) 720-0540 Joinhandssavealife@yahoo.com February 12, 2019 Mayor, City Council Members, City Manager and To Whom It May Concern; I am submitting these documents for the record concerning Agenda item # 3. APPEAL OF BUILDING PERMIT CB00-3222 EXPERATION, 3275 ROOSEVELT STREET. These documents are given for the purpose of historical accuracy. It was brought to my attention is numerous ways that the Carlsbad City Council and City Staff were given false, misleading and incorrect information regarding the history of Join Hands Save A Life and the City of Carlsbad. It is my hope that these documents will shed light on the truth regarding these matters. Other very important documents are not included because of the time limitations imposed on us by the City of Carlsbad which did not give us enough time to properly prepare. Thank you, Frank Anthony Sorino President/CEO -~ February 28, 2006 Mr. Frank A. Sorino Board of Directors Join Hands Save A Life 3528 Madison Street Carlsbad, CA 92008-5034 9,U~'.U 'I:~~ Jlttorney a,ul Counsd.or at £aw 6352 Coru <D,{)(6eto Sviu)( ca.rt:s&ul; CJf. 92009 (888) 276-7453 Re: Join Hands v. City of Carlsbad Dear Mr. Sorino and Board of Directors: Mr. Sorino specifically requested that I attempt to deliver the basics of our most recent conversations and events concerning the on-going litigation with the City of Carlsbad. As you are probably aware by this time, the Judge in this action has dismissed, in its entirety, your case against the City of Carlsbad. This ruling by the Court is coupled with the recent ruling, on the City's Motion for Summary Judgment, wherein the Court dismissed the other causes of action in this case. These rulings came prior to be allowed to present your case to a jury. The Court's most recent ruling decided that any breach of the Subrecipient Agreements by the City must have happened by July 1, 2002 (based upon the assertion that the City did not grant an extension to expend all of the promised CDBG funds and thereby the funds had to be expended by June 30, 2002). Thus Join Hands claim against the City became ripe at that point and pursuant to statute, Join Hands had only one year to file its claim with the City. Join Hands did not file its claim with the City until September 25, 2003. The Court refused to accept any assertion that the breach date was June 2003 - since this is when the City actually re-allocated the promised funds to another agency. My first recommendation to Mr. Sorino upon providing him with this devastating news was and continues to be: sign the legal documents that have been provided by the City to eliminate all of the liens on the real property (except for the $43,951 lien). Then * 1+ is \Je.cy ir>1pa-,-+a.~+ +., f1c)+e_ +h~+--fJ.,~ C,+-_y c, F Cc..r' Is bq~ k-ef'+-/;e.,,1s C,/J our proper-41 du,,'n5 v..P ht> / e., pe M i + pro c e ~ s u fl + ; o u r "3 'j-e.&>\, s h ~ ot ...,_ l <"e. "I :!.,Y ex p;re:J,. We.. ~c>-I-c,\), perv-"\·,+ In 2.oo I +-'1-c. L"-'-c) S"'-',+ e',1.,,,,l"'t',i1 ,i f/f) ;2 C> t:) 6. :1/2-e C ,/7 h,,r:. L // e.,, · I O f-1 ov r ;° n, r✓ p --;I-A e le;, he )e -I-iJYl ~ ~ L-r _,s t rvipar~eu-,+ -r~ no+e_ -l'h&>i_+-Cil-y S-f2:tr,.C d/:d no+-r Cf f-:. e.,._ / n+tJ Cl?h.S Ide_ r 4. 4-( O /1 -ft,q -f /./--l--oo--I:. -rAe Soyr +' b I 'rl r Cfvb over 'j /e_o....r~· -1-0 do a ,-ernode.-/ 0/f-/, ,fc:f'o:3/ 33'/,.oc;, ~c~ c... ,n -fh C/Ty d"/' Cp,/< .i,,,...,L • f 'o e HISTORY OF BOYS AND GIRLS CLUB FUNDING AND CONDITIONS 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 Total FOR CLUB RENOVA TIO NS AND NEW FACILITY SINCE 1994-95 $150,000 (for renovations, includes matching funds requirement) $73,720 (for renovations) $75,000 (for renovations) $75,000 (for renovations) $125,000 (for renovations) $125,000 (for renovations) $100,000 (for new facility, includes 20 year loan condition) • $67,114 (for new facility) $12.500 (for renovations, includes dollar for dollar matching funds requirement) $803,334 -1-i~ """'C / '(, fAe:, {;;r ,NC L,v :~ /t)O r~ 4 vil'e-d s~cvrrt7 IV' re .. ' .µ. .. ~, 'Jr111tff I l'I 1•1-trv' 11'61~+ ,F It 5 '1e1>er f o~n. /,All' rG-~ ,'" e /1 ~e l,/t-,e. ~I(~ .s-'·, ,,., ~t'r-tl o F -frvJt- * In .::i_ a, tJ lo whe 11 WI!-l">"'lc.,,J-L Gl.n Q.j ('~-e..r"eA-f tvrfh ,flte C ;1/ o.,C CC<r )~ ~ • -f'/2,4-/--q~ /.o,:'5 ~-'" ~ e.,; "1;-os-. pt-t~~ q., ,. " s p-ec.+•o/1 euey JS>o d47s 0~ ;:,e.r,,,,_, + (.uov lat (le-'4'\.~ I ..... cic.+.iue---:£-f O"Y -l-ooK U~ Cf ye~r~ -/-o ),l,(;id Fro,,., .5covr,J. '-f 4u +~ no c 1 +7 Fv n~,'.,.....S ct.'"'cl Cl ()1.v c. l,, (Y\ortt:.. '€)L te,,siv<.tl-C't?~.£-/-rvc:-+10A ;:'l"''?_Jec..-f-a.c" we.. ct:h.>/~ /2~ve. ..,C//?/~l,ed /.11 .:2o/$"' ... Andrea !2kes From: Sent: simon angel <srangel69@outlook.com> Friday, February 8, 2019 10:07 AM lll■tc !ht-Agendafb!m # ~ For the Information of the: ~COU~l -., .. --< i4 I . ! ~ Date 2-l-t'f CM ✓coo / To: Subject Council Internet Email; Diana Diana; michael ajdour; Michele Montenez; T. j. Childs Appeal CB00-322, Mr. Frank: Sorino With regard to the subject above, the appeal of a decision to terminate the building permit, the Barrio Carlsbad Community Advocates support the City's position not to extend the Building Permit at 3275 Roosevelt Street. It is important to point out that this project was started in 2001 and it is still far from completion in 2019. Any benefit to the community this project may have provided in its inception has long since been lost. It is debatable whether a boxing gym would be the best use for this building in light of the teen gym provided at the Harding Center. Mr. Serino may re-apply at any future time for a new building permit and maybe another use may be more appropriate. Should the City Council decide to uphold Mr. Sorino's appeal we strongly encourage clear conditions be set forth to insure completion of this project in a timely manner. l hank you for your consideration in this matter. 5LAnOntA~ rn < A "'") ,d ("\ °'>' rt,, -l-I, ,._ "" w .. "' "--fl, ... + --f{,-e. po l' .., I ....+ ; p ,, h~ < '3 re>,., n -I,, o ue r / / <;', "'"'" /~ C <'tr Is J.,,,,..J. • ]: /1 +In"-7 o's -H,,ere w-, .-o,, t7 I", OP"' /'"?'"'-Je,f-' -/k/e to ere />? .,H ;,' Mor-,, ot.c..+~...,.+1-e.S .Cor yt:?v+J, ,6&:ic~ ~-.e/7. rt\r /Clra")el /Vl'--'Sr+ h,:::,..:>4!-?o r-70 -1-4-e,. ,I, J-,,.,f f' ; ".,,_ f "-r k h ,ad (:;, h ,,..-,le.,_ -l-/:x; I I Co '-' r+ S. , V,,,.ol b,. II, u oll~y b.., l \J '1 s q~-,rs, ./-e -1-h,c,,r los I l r ou,..+ ~, 1' '"' f jf"' """ q 5 o<c er +:'. , ,e, I ,l q,, d a, 'c,4 Se 6,. (\ ,{:'. , "'\ of I,,) he re_ 1-, Cl" dl'~.I '!, ., ,p y o ,rl-h u:>Pu I J r"-';r~~<.,~.,, a,F-/Pr se-h•-l "-"'"" o~ we,e\ce.,,J.~. 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I y O .,,~...) .,f,-'2C/2 f70 / o;) y ) c~ />1 /v ./-eJ f, /f'} € Yl +or , '1 ~ J o.b -f. r" l l"'I, "' G ,.,., · 11 -~ , • rJ. L , • , \/ / ./ > e,,,P-/'rlr'll.)r"Jl-'t7_ S'er(..)tc...-e.-1 /'t'-'t'"T"'I.::;/ rr,-r~) C CJ '-'/1? / ~ "7 5 q""d ,,,,,.,q1/ c,-f'/,, tr /?en, ·-,,c;+r ~.--/-1.-e. 4 // q~'-" .,,,~ l'J~ecl_/ c,~ ~~.dPr/J d7 '7' 0 ._) ..,t-~ "' ,,.,,. ,ouau, .... ,... um,,.....,; }el rmre ome 10 nrnsh 00>11119 g~ -The San Diego Unkn-Tribune Place your ad here. Click triangle to begin. ◄ 0 <~arlsbad nonprofit seeks yet more time to finish boxing gym :::'•"- ... ' ' -~ . I, l A Carlsbad nonprofit has been trying to build a boxing g~ and recreational center in the Barrio neighborhood for 25 years. (Photo by Phil Diehl) By Phil Diehl ;.~BRUARY 4. 2019, 6:00 AM /\ youth service organization that's been trying to build a boxing gym in downtown Carlsbad for 25 .rf~ ~ years is asking for a little more time. •·rank Sorino, president and CEO of the nonprofit Join Hands Save A Life, has appealed the city's '-::.cision to terminate his 18-year-old building permit for the partially completed, 6,200-square-foot, ·,v0--st0ry stucco structure on Roosevelt Street in the city's Barrio neighborhood. .:JA~·,-.,.~,san::liegouniontribune.com'corrrrunities/north-countyscl-no--bolCing-gyn-20190130-story.html 1/5 ,--2/~19 Carlsbad nonproot seeks }el rrore time to finish tx»dng g~-The San Diego Unioo-Tribune I r .. awe're in the process of building a $3 million facility to help your Carlsbad teens," Sorino told the City ~ouncil, which agreed Wednesday to delay a decision on his appeal until its next meeting on Feb. 12. , City officials say Sorino needs a new permit, subject to current building codes, to continue the project. That would cost the nonprofit a lot more money to meet the new requirements, and money has been a 11 ~~ob_lem from the beginning. Construction has been~ pay-as-you-go effort, with progress in fits and starts over the years. Councilwoman Cori Schumacher opposed the continuance. 7 'Staff bas gone above and beyond to do everything possible ... to help this project along," Schumacher said. "There is a point at which it's time to say, enough." The original building permit was issued May 1, 2001, and expired Aug. 20 last year after numerous extensions. Sorino operates a youth boxing program out of the garage at his home on Madison Street, where he has been since the Join Hands group broke away from the Boys & Girls Clubs of Carlsbad in 1991. In addition to boxing, he provides young people with free recreational opportunities such as softball games, barbecues, and other activities. His long-term goal has always been to build a boxing gym and recreational center for disadvantaged young people. The new building will have a multipurpose room for basketball, volleyball and aerobics, a fitness room for weight-lifting and martial arts, and a tech room for kids who want to work on computers and make videos. "It's a place where teenage kids can go and do positive things, and stay out of trouble," Sorino said Friday. But raising the money has been tough, and Sorino has been at odds with city officials at times over the years because of things like inspections, deadlines and regulations. "It's little us against the big city and their tough staff members," Sorino said. "It's been 18 years, but not because of us. They took away our grant funds. We were ready to build this thing in 2002 and 2003." The City Council gave the nonprofit $82,000 from its share of federal Community Development Block Grant money in 1995 to buy the Roosevelt Street property a few blocks from Sorino's home. Sorino and city officials held a groundbreaking ceremony later that year. httpsJfw.N.N.sardiegouniontribune.com'COOYTU1ities/north-cou,tysd-ro-tx»dng-g 11l"20190130-story.htm 215 2/4/2019 Carlsbad nonprofit seeks ~t more time to firish boldng g~ -The San Diego Union-Tribune But after the groundbreaking, there was no money for construction. Join Hands Save A Life depends entirely on grants, donations and volunteers. Over the years, it's received help from city residents, elected officials and community service groups, but the biggest single source of funding was the block grant money. From 1995 through 2002, the city allocated the group more than $600,000 in annual block grants that Sorino planned to use for construction. However, the money wasn't spent in a timely manner, as required under federal guidelines. Because of that and other difficulties, the city had to rescind the grants. "It was just an issue-with the federal regulations," said Debbie Fountain, Carlsbad's housing and comm unity development director. Sorino disputed the block grant decision, with no luck. He filed a $36 million lawsuit against the city for breach of contract and other issues. A Superior Court judge dismissed the case on the day it was set to go to trial in 2006. Sorino is still sore about the block grants, and thinks he should have won the case. Eventually, Sorino began construction using volunteer labor and donations from other sources, but progress was slow. He's had help from numerous Carlsbad residents, elected officials and community service organizations. They poured the concrete foundation in the mid-2ooos. Worked stopped for a few years, then they erected the building's steel frame. "That sat for a while," Fountain said. "That's when we got the most complaints from the neighborhood." Even though the lot was fenced, she said, people were living in tents on the property and the exposed beams were a safety hazard. City officials told Serino in 2014 he had to show substantial progress by the end of the year or his building permit would not be extended, Fountain said. They wanted the exterior finished, in part to keep the site safe. He missed the deadline, but finished the exterior in mid-2015. "Basically, you have the shell of a building right now," Fountain said. "There's a little drywall and a little plumbing, but it's not in any condition to be occupied." ~ _Ne,f 11?U£ Fountain said little work has been done since 2015, but Serino disputes that. https-Jlwww.saooiegouniontribune.com'cormu,ities/~county'sd-no-bold ng-g ~20190130-story.htm 315 2/4/2019 Carlsbad nonprofit see~~• rrore tirre to finish boJdng Q}ffi-The San Diego Union-Tribune Volunteers have framed the entire interior, put in sub-floors and joists, placed all the electrical lines in the walls, and put in plumbing for showers and sinks since then, he said. The building is 90 percent finished and could be completed next year under the original permit, he said. Fountain said the remaining work will not be easy or inexpensive. Rough plans call for a small kitchen, offices and bathrooms, which require skilled electricians and plumbers. , ,,,.,.. ,_ l d -1 / l..Vv, ~ q_ C"e q-7 U\011 e • Codes for public buildings such as a recreational center are more strict than the requirements for private structures such as homes, she added. Also, city and state building codes have changed since the building permit was issued. The updated codes require fire sprinklers, water conservation measures, more efficient insulation and lighting, improved disabled access, and upgraded plumbing, mechanical and electrical systems that were not included in the building's original plans. City officials say the best solution is to terminate the original permit and issue a new one for the remaining work, subject to the current codes. Sorino opposes that and wants to finish under the original terms. "The expiration of our building permit will result in additional costs that could be in the hundreds of thousands of dollars," Sorino said. -r~ey ;>v f v? 'f"oett:lilcckr cu,J /?Jove✓ Jo"f I p os-fs-.. Fountain said city officials have tried to work with Sorino and help him finish the building. "It's amazing what he's been able to accomplish," she said. "He has a great vision, and we've always complemented him on his persistence. N o r /A'U€ "We are not trying to be adversarial," she said. "We are just trying to help him get it done." Some of Sorino's supporters attended the recent council meeting. "We just don't have the funds," said Fredrick Gonzalez, a friend of Sorino and Join Hands Safe A Life board member. "You need to consider, they had to work with basically both hands tied behind their back," said another board member, Salvador Velazquez, a retired Kaiser physician who's worked with the youth program since the 1990s. "We're a low-budget outfit, so it's been all-volunteer labor," Velazquez said. https :/lvww.sandieg ouni ontri bune.com'corrmmi Ii es/norlh-county'sd-no-boxi ng-g yn-20190130-story.htm 4/5 2/4/2019 Carlsbad nonprofit seel6 }el more time tofinish boxing g~ -The San Diego Unioo-Tribune Join Hands Save A Life received about $46,000 in donations in 2016, according to the group's Form 990 on file with the Internal Revenue Service. Total net assets were listed as $875,000. philip.diehl@sduniontribune.com Twitter: @phildiehl Copyright© 2019, The San Diego Union-Tribune https://www.sandiegouniontribune.com/conmunilies/north-countysd-no-bmcing-gym-20190130-story.htm 515 2/7/2019 Judge dismisses $35 million suit against Carlsbad I The San Diego Union-Tribune SignOn qo.com IIY THIE UMDN•1'RiauNl5 Weather I Traffic I Surf I Maps I Webcam Thu~day, Feb. 7, 2019 Home Today's Paper Sports Entertainment Jobs Homes Auten, Classifieds Shopping Visitors Guide Forums Wednesday »Next Story» News Local News Opinion Business Sports Quest Food The last Week Weekly Sections ! Choose Category -· ·-----·--------·-··---" Judge dismisses $35 million suit against Carlsbad Boxing gym funds were the issue By Michael Burge STAFF WRITER March 8, 2006 CARI.SBAD-Ajudge has dismissed a $35.6 million lawsuit filed against the city by the head of a nonprofit organization that lost funds it was promised to build a boxing gym downtown. Frank Sorino, founder and director of the nonprofit Join Hands Save A Llfe, sued the city in April 2004, contending that officials broke a pledge by withdrawing $599,063 in federal Community Development Block Grant funds that the City Council had awarded the group. He also sought $35 million in damages. The city said Sorino's charity lost the funding after missing the grant program's deadlines. The city also said the U.S. government, the source of Community Development Block Grant funds, told Carlsbad in 2002 that it would lose future funds if projects already awarded grants were not completed. Sorino and Join Hands Save A Llfe sued on multiple points, including breach of contract and violations of due process and civil rights. Superior Court Judge Lisa Guy-Schall ruled in the city's favor on several motions on Feb. 27 and dismissed the case. Beginning in 1994, the city allocated Sorino and Join Hands Save A Life a series of grants and loans over eight years to build his gym for low- income youth. Sorino was operating the program out of his garage. The city gave his organization $82,000 in block grants to buy property on Roosevelt Street near Walnut Avenue in 1995. Sorino was required to raise matching funds to obtain the $780,000 needed to build his 6,175-square-foot gym. The council gave Sorino several extensions to use the grants, but warned him in June 2002 that he would lose them if he didn't make progress on the gym. In April 2003, the council stopped the extensions. http://leg acy.sandieg ouniontri bune.com/uniontrib/20060308/ne\Mi_ 1 mi8cdbg .html 1/2 LI~ Judge disnisses $35 nillion suit against Carlsbad J The San Diego Union-Tribune "He had an agreement that ex pired and the funding was no longer available to him because he didn't do what he needed to do," Deborah Fountain~ the city's housing and redevelopment director, said yesterday. Block grant funds operate on a reimbursement basis, so Sorino had never been given the money directly. Sorino said yesterday he stood by his lawsuit and believed the city violated the agreements, despite Guy-Schall's ruling. He said he didn't know if he would appeal, and that Join Hands Save A Life would go on. "Our goal is to build a free gym fo r the kids of Carlsbad," Sorino said. He still has his building permit, has installed some utilities on the property, and hopes to get someone to donate concrete to build the foundation, he said. • Michael Burge: (760) 476-8230; michael.burqe@uniontrib.com »Next Stm,32> Sponsored Links Contact SignOnSanDiego.com I Online Media Kit I Print Media Kit I Frequently Asked Que stions I Make us your homepage Contact the Union-Tribune I About the Union-Tribune I Site Index I Privacy Policy I Your California Privacy Rights © Copyright 2006 Union-Tribune F\Jblishing Co.• A Copley Newspaper Site Utr http:/i1eg acy.sandieg ouniontribune.com'uniontrib/20060308/nev.s_ 1 niBcdbg .html 212 1/12/2019 Bc»dng club !av.suit dismssed • The San Diego Uni~ Tribune Ad Place your ad here. Click triangle to begin. ◄ [jj Boxing club lawsuit dismissed By BARBARA HENRY -Staff Writer MARCH 9, 2006 C ARLSBAD ---A man who wants to build a youth boxing gym in Carlsbad's Barrio neighborhood has had his $35.6 million lawsuit regarding a city grant funding decision dismissed. Despite last month's Superior Court setback, Frank Sorino said Wednesday that he will continue to pursue the project. He'll do it with private financing instead of city support, he added. He already has a building permit, the land has been graded and the underground utilities have been installed, he said. "We are ready pour concrete and erect our building after that," he said Sorino first proposed building the center after establishing a youth boxing program and other recreation activities at his Madison Street home in the early 1990s. What was initially a drop-in spot for about 15 children has become a place where some 300 youngsters come to each year, Sorino said As the number of participants grew, Sorino formed a nonprofit organization --Join Hands Save a Life -- and began collecting donations to build a 6,175-square-foot recreation facility at 3275 Roosevelt St. Many donors stepped forward, including the city of Carlsbad. Initially, the city gave the organization $82,000 to purchase the property and to fund architectural drawings, City Attorney Ronald Ball said Wednesday. Then, from 1995 through 2002, the city committed to giving the organization a series of construction grants totalling near $600,000. That grant money was aside, but wasn't distributed because construction work hadn't started and the organization hadn't filed the necessary budget paperw~ Ball said. L / E In 2003, the city announced it was revoking the promised grants because "substantial" progress hadn't been made on the project. The city took this course of action because it was coming under pressure from the federal Housing and Urban Development agency to settle the situation, Ball said "It was only when HUD said you'd bettered spend the money or you'll lose it ... that the city redirected the funds to another public purpose," he said. https://www.sarv;Jiegouniontribune.com'sdut-boiong-club-lav.suit-dismssed-2006mar00-story.htm 1/2 1/12/2019 Bo><ing club lawsuit dismssed -The San Diego Union-Tribune Sorino said his organization was making progress, but things were taking longer than expected. Part of the problem, he said, was that he was initially told he could use volunteer labor to build the structure and then told that the grant program wouldn't allow it. After the city pulled the funding, he filed the lawsuit, charging breach of contract among other things. The city filed a motion to dismiss, which a judge granted Feb. 27 --the date the case was to go to trial. "We're pleased with the successful defense because we didn't believe there was any legal responsibility the city had incurred," Ball said. Sorino said he hasn't decided whether to appeal the decision. Contact staff writer Barbara Henry at (760) 901-4072 or bhenry@nctimes.com. Copyright© 2019, The San Diego Union-Tribune https:/lwNw.sandiegouniontribune.com'sdut-bo>dng-club--lawsuit-dismssed-2006mar09-story.html 212 JOIN HANDS SAVE A LIFE Giving Kids A Fighting Chance 1 of 3 loin Hands Save A Life (JHSAL) A Non Profit Charitable Corporation Federal Tax ID # 33-0592140 3530 Madison Street, Carlsbad CA. 92008-5034 Tel/Fax (760) 720-0540 joinhandssavealife@yahoo.com 5-20-2014 Debbie Fountain City of Carlsbad -Housing and Neighborhood Services Director Will Foss Building Official Glen Van Peski Community and Economic Development Director Dear Ms. Fountain, Mr. Foss and Mr Van Peski.: In response to Debbie Fountain's email sent April 10, 2014 and letter dated April 18, 2014, we would like to acknowledge and address your concerns. In regards to any complaints you may have received, we would be happy to meet with that person or people to discuss any concerns and work with them to resolve any problem in a positive way. In regards to slow progress it was brought to our attention when a volunteer roofer inspected the roof beams before we were to install the roof, that surface rust should be removed, treated and painted first. This was a grueling, labor intensive process that was very time consuming. Instead of installing the roof, we had to backtrack, and remove all the surface rust, clean the steel, apply rust inhibitor, let that dry, then sand down a white buildup, rinse it down with water, let it dry, apply a primer, let it dry, then paint it again. What made it more difficult was the shape and curves in the steel roof beams, meaning it all had to be done by hand. The other challenge was the work was 20 to 30 feet high above the ground and the roof is approximately 7,000 square feet. The 10 step process was also done by an all volunteer workforce, which takes longer due to their other commitments. This has delayed our progress, but it is now done and we are back on track. 2 of 3 Yes, we plan to have substantial construction completed within the next few months. Our construction schedule is based on the maximum amount of time it would take to finish that aspect of construction, so it well may be less than this projected time frame. We have always worked within our agreement with the building department that our project would remain active with the City so long as we passed an inspection every 180 days, which we have done. There are only a few more inspections to pass until the building is enclosed; we thank the city for working with us and believe now is not the time to stop us when we are so close to completing the exterior. In regards to enclosing the building our written construction schedule is as follows: We plan to pass our roof sheathing inspection and or complete the building framing for inspection within the next 105 days. Then we plan to pass our next inspection by completing construction on the roof or framing and possibly the exterior lath within the 180 days after that. Finally, if needed, we plan to pass our exterior lath inspection before the 180 days thereafter. This will complete enclosure of the building, improving the neighborhood with one of the best looking buildings on the block. The project thus far has been constructed by an all volunteer labor force making it impossible to state exact dates, but we have been able to complete timely inspections with their involvement, with their other trade commitments, within the timeline stated. As we work towards the final inspections to enclose this youth facility we believe the Pros far outnumber the Cons regarding the health and welfare of our citizens and visual beatification of our neighborhood. The final outcome of our Spanish style building will improve the scenic value where a mixture of auto shops, storage facilities, vitamin factory, warehouses, empty lots, commercial businesses, buildings vacant or in disrepair and residential housing exists. At this stage of construction I cannot believe it would it be more appealing to convert the site back to an empty lot of weeds. If this happened we believe many more complaints would occur if it took many more years to develop a different building. But far more importantly is the impact a free teen & youth center can make on improving the lives of so many people. Over the past 24 years since we started Join Hands Save A Life, the number of youth in the City of Carlsbad has grown dramatically. Yet the number of free youth related activities has decreased in our neighborhood. Pine Park was remodeled into a nice passive place for BBQ's and a beautiful field rented out for league play. The neighborhood lost the soccer field used for pickup games, all the basketball, handball and volleyball courts where hundreds of local youth used to play after school. As I work at the construction site I sometimes see swarms of little kids from Jefferson elementary school walking to the Boys and Girls Club where they serve hundreds of children. A free place where the older youth 3 of 3 can call their home is drastically needed in our neighborhood; our project will address those needs. We hope these actions have addressed the City's concerns. We appreciate the City's grace in continuing to work with us to provide this facility for the youth of Carlsbad, and we look forward to working with you in a cooperative spirit. If you have any concerns or questions, please call me. Sincerely, Frank Anthony Sorino, Founder/President/CEO CC: JHSAL Board Members, Dennis Holz Attorney, S. Bryant CPA [SA] SOMMERS ARCHITECTURE July 17, 2014 To Whom it May Concern: Myself and a team of local contractors have joined with the Rock Church of North County Men's Ministry in support of Frank Sorino, President of 'Join Hands Save A Life' (JHSL). JHSL is a nonprofit organization in Carlsbad CA that provides youth outreach for teens and young adults through boxing training and personal development. Mr. Sorino has been working diligently over the past decade to design and build a youth outreach center to expand his organization within the community. At this point he has completed the foundation and erected the structural steel while managing to stay debt free. Currently we are working to frame the exterior walls and will move to roofing the structure this fall. At this time we have a significant volunteer workforce however we are in need of building materials and equipment. If you can help us in any way we would be grateful for your support. It's important to note that your donations to JHSL may be tax deductible and we will work with you to make sure you receive all financial benefits available. If you have any questions or would like additional information regarding JHSL and this project please call or email at your earliest convenience. Thank you for your time and consideration, we are grateful for any assistance you can provide. Sincerely, Trent Sommers LEED AP Principal Architect Sommers Architecture In partnership with: Mr. Josh Baroni General Contractor JB Custom Wood Sommers Architecture Mr. Craig Bartman General Contractor Boardwalk Construction Mr. Fermin Estrada Mr. Eric Vance General Contractor General Contractor North Shore Builders PO Box 211 Solana Beach, CA 92075 Architecture and Land Planning LEED and Sustainable Design Ph: 530.781.3112 TSommers@sommersarch.com November 4, 2014 Frank Sorino Join Hands Save-a-Life 3528 Madison Street Carlsbad, Ca. 92008 Ccityof Carlsbad Re: Construction Status of Youth Facility at 3275 Roosevelt Street; APN 204-081-16 Dear Mr. Sorino: The City Council, Building Official and I as well as other city staff are continuing to receive complaints regarding the fact that construction of the youth facility for Join Hands Save-a-Life located at 3275 Roosevelt Street is not yet complete. This community concern was also raised numerous times during the recent public workshops to discuss a new Master Plan for the Village and Barrio neighborhoods. Residents of the Barrio are extremely concerned that the unfinished building is unsightly, not safe and reflects poorly on the character of the neighborhood. The City of Carlsbad has continued to defend its decision to allow the building permit to remain valid (since 2003) because staff knows that you continue to work diligently to raise the funds and other resources needed to complete construction of the facility. You have made some progress, but that progress is not appeasing those that are complaining about the unfinished project and are not adequate to demonstrate a good faith effort to complete t~e work per my April, 2014 notice to you. Therefore, staff finds it necessary to put you on notice that the City will expire out your building permit by the end of the calendar year if you have not completed at a minimum the exterior/shell of the building. The exterior of the building and related exterior improvements must be complete no later than December 31, 2014 to avoid the expiration and cancellation of your current building permit by the City; there will be no additional extensions of the current building permit if compliance with this notice is not achieved. As we have shared previously with you, per the Carlsbad Municipal Code, Chapter 18.04, all building permits become null and void if the construction is not complete within 3 years. The Building Manager has not taken action to expire your building permit as a generous courtesy to you. Unfortunately, the Building Manager will not be able to extend this courtesy to Join Hands past the end of this calendar year 2014 if substantial construction progress is not made as noted above. If your building permit is determined to be expired, you will need to reapply for building permits and meet all current building and fire code requirements (which may have changed since your original building permit was issued) and pay all of the related fees again. The Building Manager and I encourage you to take immediate steps to complete construction of at least the exterior of the building and related exterior improvements. As I offered in the past, if you no longer believe the project is viable for financial or other reasons, I would invite you to meet with me to talk about the options for re-purposing the identified property to Community & Economic Development Department Housing and Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2810 t Mr. Sorino November 4, 2014 Page 2 an alternate CDBG-eligible program or project. You may also wish to consider the opportunity to partner with other civic groups or non-profits to obtain the funding needed to complete the existing project or consider transfer of the property for another eligible use. Thank you for your immediate attention to this matter. If you have any questions, please contact my office at (760) 434-2815. Sincerely, Debbie Fountain Housing and Neighborhood Services Director CC: Building Official Community and Economic Development Director -~ .. ,t·;· t ·~loin Hands Save A Life (JHSAL) A Non Profit Charitable Corporation Federal Tax ID # 33-0592140 3530 Madison Street, Carlsbad CA. 92008-5034 . _. Tel/ Fax (760) 720-0540 Giving Kids A Fighting Chance · joinhandssavealife@yahoo.com 12-31-2014 1 of 4 Debbie Fountain City of Carlsbad -Housing and Neighborhood Services Director Will Foss· Building Official Glen Van Peski Community and Economic Development Director Re: Join Hands Save A Life Project Dear Ms. Fountain, Mr. Foss and Mr. Van Peski. : I am in receipt of Ms. Fountain's letter of November 4, 2014. Subsequent to my receipt of this letter I talked via telephone with Mr. Foss. I would like to thank Mr. Foss for sharing his ideas on how we can best solve any issues that members of the public might have in regards to the free teen center we are building to help Carlsbad youth. Mr. Foss expressed that we should temporarily stop our work on the interior of the building and concentrate our efforts and finances toward working on the exterior of the building. We have invested significant funds in purchasing materials for the interior of the building. But we are willing to put that on hold so we can focus solely on the exterior of the building. Mr. Foss mentioned that since the eye does not generally focus on the windows we could leave them out while focusing on the exterior walls. Mr. Foss and I also talked about different materials that could possibly be used. Some of our team members have been discussing different methods and materials with city staff. Although the effort has been time consuming we feel that there have been some gains which may allow us to increase the overall speed of enclosing the building. We are still waiting for the City of Carlsbad staff approval of certain materials. I would also like to thank Ms. Fountain for meeting with me in person on Friday November 14, 2014. It was a pleasure speaking with her and I was very relieved that during our conversation Ms. Fountain said her letter dated November 4, 2014 was written as a means to encourage volunteers to work faster. I was also very pleased when Ms. Fountain mentioned that she was going to write another letter encouraging the volunteers to finish enclosing the building by the end of February, 2015. 2 of 4 I will say I was very shocked when I received the letter dated November 4, 2014. In April of 2014 I received a letter from Ms. Fountain requesting a schedule to enclose our building. In response thereto, in May of 2014, I complied with that request and set forth our planned schedule to enclose our building before or by the summer of 2015. I did not receive a response to the letter. In reliance upon that seeming acceptance of my proposed schedule, I moved forward to implement the schedule. In fact, we (Join Hands Save A Life) did complete the roof sheathing and had it inspected before the 105 day schedule set forth in my May, 2014 letter. We are now on pace to enclose the building much sooner than we expected. All the finish roofing materials are on site and are being installed. The DensGlass exterior sheathing is already on site and ready to install. Once we set up all the scaffolding, the exterior sheathing, lathing & stucco are planned to go on rather quickly ( one after the other) so as to not keep the scaffolding on site for any extra time or cost. In my conversation with Ms. Fountain I mentioned that with the Holiday's (Thanksgiving weekend, Christmas weekend and New Years) were fast approaching. Some of our crucial construction team members would be on extended vacations with personal and family plans during the Holiday's. As a result a December 31, 2014 deadline would be all but impossible to meet. After I told her of all the materials we had on site and of our plans to aggressively strive to enclose the building, she asked me if it would help to write another letter allowing more time so as to encourage the volunteers with extra time. Of course I said yes, but as of the writing of this letter, I still have not received it. Even though we have been short handed recently, and our volunteers were rained out of a few days, we still made tremendous progress. The framing on the exterior of the building was finished, and the framing and sheathing of the doghouses on the roof was finished. We purchased and installed the underlayment for the roof and started installing the met-tile finish Spanish style roof. We purchased and had the gutters fabricated and delivered. We also purchased and had delivered the exterior sheathing. We are now taking the necessary steps to align volunteers and materials needed to enclose the building. When the City did not respond to my letter dated May 20, 2014 until the November 4, 2014 letter from Debbie Fountain, my first reaction upon reading the letter, was that this was the scenario we foresaw years ago. That is why Dennis Holz and I had a conference call in his upstairs office at the Legal Aid Society with the City of Carlsbad's high ranking official The Building and Code-Enforcement Manager. Since the 3 year construction timeline was impossible, and the City had taken away the CDBG funds that were allocated to us, we asked him what we should do at that point. It was conveyed to him that we did not want a scenario where we would invest Hundreds of 3 of4 Thousands of dollars only to have the City expire our permits as we neared the end of the enclosure of our building. He told us not to worry as long as we pass a building inspection every 180 days the City won't expire our building permits. So our plan was to make sure we passed a building inspection every 180 days while simultaneously having fundraisers; seeking grants, material donations, donors and volunteers during those time periods. We also avoided the problem that caused the Girls Club to foreclose on their building by not taking out loans that were hard to pay back. So far our building has been paid for without having to pay for any loan payments. In regards to any complaints you or others in the City may have received, we would be happy to meet with that person (or people) to discuss any concerns. We would be happy to address our timelines, construction schedule and work with them to resolve any problem they may have in a positive way. As some of you may know, there have been many people who have complained about other projects the City allowed to be built and some of those projects took much longer than 3 years to build. I also remember years ago when the City conducted meetings regarding the Barrio Specific Plan and the Village Master Plan. A small group of people convinced some City Council Members and City Staff that the people who owned property and lived in the Barrio wanted the changes that were being outlined. But to the surprise of those City Leaders, when the proposal went to a City Council meeting the vast majority of Barrio residents did not in fact want those changes to occur. Likewise today, the vast majority of the Barrio residents want a free teen center to help their children, and it is in fact a small minority of people trying to destroy our project as they can see with their own eyes that our building is very close to being enclosed and time is running out for them to stop us. It makes no reasonable sense for the City to force the demolition of the improvements constructed to date now that we are only months away from the building being enclosed. Whereas it will take years and years of extra eyesores if we are forced to start over again. The letter of November 4, 2014 states that "Residents of the Barrio are extremely concerned that the unfinished building is unsightly, not safe and reflects poorly on the character of the neighborhood". Please let us know specifically what is unsafe so we can fix the problem ASAP? We will also do everything in our power to quickly finish enclosing the building. It should also be noted that as far as unsafe buildings, there are buildings on the same street that are in disrepair made of dry broken old wood, so bad that you can't step on the floor without falling in the broken wood flooring and when you look up you see sky through the rotted wood of the ceiling. These buildings have existed that way for more than twice as long as our building has been around. The buildings would seem to be a greater safety concern because of the fire danger they present as opposed to the steel building we have constructed. 4 of 4 There are also old auto shops with car lifts that are unsightly. There are stores with unsightly visible trash bins and old warehouse buildings with unsightly tin roofs. Those places will take years to become sightly, whereas our building is scheduled to become beautiful in a short amount of time. While we understand that enclosing our building soon is the priority we hope the City Leaders and staff understand that we have been building our project according to the guidelines given to us by the City which was to pass a building inspection every 180 days. As we work towards the final inspections to enclose this youth facility, we believe the Pros far outnumber the Cons regarding the health and welfare of our citizens and visual beautification of our neighborhood. The final outcome of our Spanish style building will improve the scenic value where a mixture of vacant (or disrepair) buildings, auto shops, storage facilities, warehouses, empty lots, commercial businesses, and residential housing exists. At this stage of construction, I cannot believe it would it be more appealing to convert the site back to an empty lot of weeds. If this happened, we believe many more complaints would occur if it meant taking many more years of an eyesore to develop a different building. But far more importantly is the impact a free teen & youth center can make on improving the lives of so many people. Over the past 24 years since we started Join Hands Save A Life, the number of youth in the City of Carlsbad has grown dramatically, yet the number of free youth related activities has decreased in our neighborhood. Pine Park was remodeled into a nice passive place for BBQ's and a beautiful field rented out for league play. The neighborhood lost the soccer field used for pickup games and all the basketball, handball and volleyball courts where hundreds of local youth used to play after school. As I work at the construction site I sometimes see swarms of little kids from Jefferson Elementary walking to the Boys and Girls Club where they serve hundreds of children. Unfortunately, there is no free place where the older youth can call their own and our project will address those needs. This teen center is drastically needed in our neighborhood and the vast majority of Barrio Residents support our project. We hope these actions have addressed the City's concerns. We appreciate the City's grace in continuing to work with us to provide this facility for the youth of Carlsbad, and we look forward to working with you in a cooperative spirit. If you have any concerns or questions, please call me. Sincerely, Frank Anthony Sorino, Founder/President/CEO CC: JHSAL Board Members, Dennis Holz Attorney, Suzanne Bryant CPA March 11, 2015 Frank Sorino Join Hands Save-a-Life 3528 Madison Street Carlsbad, Ca. 92008 Ccicyof Carlsbad Re: Code Compliance Case: Join Hands Youth Facility; 3275 Roosevelt Street; APN 204-081-16 Dear Frank: Thank you to your legal advisor (Dennis Holz), Board member (Fred Gonzalez) and to you for meeting with city staff (Will Foss and Debbie Fountain) on March 5, 2015 to discuss the status of construction of the youth facility for Join Hands Save-a-Life located at 3275 Roosevelt Street. As we have shared previously with you, per the Carlsbad Municipal Code (Chapter 18.04), all building permits become null and void if the construction is not complete within 3 years; extensions are permitted for extenuating circumstances as approved by the Building Official. Current and past Building Officials have generously granted building permit extensions to Join Hands far beyond what can now be considered reasonable given the fact that the original building permit was issued in 2002. This is the reason why the notice from the City dated November 4, 2014 was sent to you indicating the Building Official would not be able to extend the building permit beyond December 31, 2014 if substantial construction progress was not made on construction of the facility by that date. "Substantial construction progress" was defined in the November 4th correspondence as complete construction of at least the exterior of the building and related exterior improvements. You subsequently submitted correspondence on December 31, 2014 outlining the reasons why Join Hands was unable to demonstrate substantial construction progress as required in the notice and you requested an additional extension of the building permit to allow for completion of the exterior and related improvements by Spring, 2015. While city staff understands that you have made great strides in coordinating the completion of facility construction by volunteers and donated equipment and we empathize with the difficulty of this task, the deadline set forth by the City for completion of the building exterior was not met by December 31, 2014. In our effort to be completely transparent, city staff shared with you in our meeting last week that there is no staff support for continued extensions of the building permit or for further delays in completion of the facility without strong and convincing assurances by Join Hands that the substantial construction progress will be completed within the next few months. The purpose of our meeting on March 5, 2015 was to discuss your proposed schedule and for staff to assess whether or not you have appropriately identified a critical path to complete construction of the facility or have identified an alternate exit strategy. Staff understands from our discussion that you wish to complete the facility and do not wish to develop an alternate strategy for meeting the goals of Join Hands. While city staff understands the reasons for why you are acting as general contractor for this construction project and using volunteer labor to limit your financial liabilities for the future, staff Community & Economic Development Department Housing and Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2810 t ,_ Mr. Frank Sorino March 11, 2015 Page 2 continues to have serious concerns and reservations about your ability and resource capacity to complete this project in the stated time due to your general lack of construction knowledge and project management experience. Therefore, the Building Official will grant an extension of the building permit to July 5, 2015 If and only if Join Hands meets the construction deadlines set forth in the critical path schedule noted below: Join Hands Critical Path-Milestone Construction Phases and Completion Dates Item 1. Installation of DensGlas substrate 1st row 2. Install Scaffolding 3. Complete DensGlass substrate (exterior) 4. Install doors and window frames 5. Plaster exterior (EFIS) 6. Install doors and windows 7. Install roof underlayment and roofing material 8. Install landscape improvements 9. Install Parking lot and striping 10. Install Interior rough electrical 11. Install Interior rough Mechanical 12. Install interior rough Plumbing 13. Install interior drywall 14. Install fixtures 15. Install Cabinets 16. Paint and install finished carpentry Completion Date 3/16/15 3/16/15 3/19/15 4/06/15 4/20/15 4/20/15 4/27/15 5/20/15 5/20/15 5/20/15 5/27/15 6/01/15 6/08/15 6/15/15 6/15/15 6/30/15 Note: Critical path milestones will be monitored on a continuing basis to determine if reasonable progress is being made toward a timely completion of the project. The Housing and Neighborhood Services Director and Building Official will have sole discretion in deciding whether or not sufficient information is available and progress toward completion is being made to change any of the noted completion dates, If a determination is made at any time by city staff that there has not been adequate progress on construction, the building permit will be subject to immediate expiration by the Building Official and the project will need to be terminated. If this happens, city staff will work with you to develop options on other actions that might be taken for Join Hands to continue to meet its mission. Mr. Frank Sorino March 11, 2015 Page 3 Please understand that the City appreciates the constraints and hurdles you have had with this project and we commend you for your persistence and dedication to serving the at-risk youth within the Carlsbad community. Unfortunately, however, neither the city nor the Join Hands goals are being met at this time and there must be an end date assigned to this project from a code compliance standpoint, which is the purpose for this letter. If you have any questions, please contact my office at {760) 434- 2815. Debbie Fountain Housing and Neighborhood Services Director CC: City Manager Assistant City Manager City Attorney Economic Development Director Code Compliance Case File Dennis Holz, Join Hands Legal Advisor wdf~ Will Foss Building Manager/Official JOIN HANIS SAVE A LIFE Join Hands Save A Life (JHSAL) A Non Profit Charitable Corporation Federal Tax ID # 33-0592140 Giving Kids A Fighting Chance 3530 Madison Street, carlsbad CA. 92008-5034 Tel/Fax (760) 720-0540 joinhandS$8veaJife@yahoo.com 06-30-2015 1 of6 VIA E-MAIL AND U.S MAIL Debbie Fountain City of Carlsbad -Housing and Neighborhood Services Director Will Foss Building Official Glen Van Peski Community and Economic Development Director City Manager Assistant City Manager City Attorney Code Compliance Case File Mayor Matt Hall Re: Join Hands Save A Life Project Dear Ms. Fountain, Mr. Foss, and Others: I am in receipt of the Debbie Fountain and Will Foss letter of March 11, 2015. I must say out of historical accuracy, I did not, as Debbie Fountain claims in her March 11, 2015 letter, request "an additional extension of the building permit to allow for completion of the exterior and related improvements by Spring, 2015". I have not requested a building extension in approximately 10 years. I and Join Hands Save A Life have also not received any notifications during all those years from any Building Official granting us any building permit extensions. It has always been our understanding as relayed to us by Carlsbad City staff that if we passed a building inspection every 180 days our building permits would not expire and history proves that. Also, historically the City of Carlsbad allowed the Four Seasons and other projects to construct their projects beyond 3 years. The fact of the matter is that years ago the City of Carlsbad leaders were given false information by Debbie Fountain and Frank Boensch concerning the actions of Join Hands Save A Life for the approximately $600,000.00 in CDBG Grant Funds Agreements we had secured in signed contracts with the City of Carlsbad.1 Those proven falsehoods by Debbie Fountain and Frank Boensch led the City leaders to take those funds away from Join Hands Save A Life. Those actions by the City led to a lawsuit in which the judge determined the case had merit to go to a jury. However, the judge also determined the case to be time-barred because it was not filed on within the statute of limitations according to state rules of civil procedure. When the lawsuit concluded in 2006, our building permits were already over 3 years old. Around that time, my attorney, Dennis Holz, and I had a conference call in his office with the City of Carlsbad's high ranking Official the Building and Code- Enforcement Manager. Since the 3-year construction timeline was impossible, and the City had taken away the CDBG grant funds that were allocated to us, we asked him what we should do at this point. It was conveyed to him that we did not want a scenario where we would invest hundreds of thousands of dollars only to have the City terminate our permits as we neared the end of the enclosure of our building. He told us not to worry and that as long as we pass a building inspection every 180 days the City won't expire our permits. Following the termination of the litigation in 2006, and well after the City is now claiming the permits were set to expire (but did not), on May 20, 2014, as requested by the Debbie Fountain in an April 18, 2014 letter and April 10, 2014 email, Join Hands Save A Life sent City staff a construction schedule for the project including 180-day inspection timeline .. The letter states that Join Hands Save A Life's plans were to enclose the building during the summer of 2015. This Mary 20, 2014 correspondence also reminded City staff of the agreement we had with the City of Carlsbad that our permits would remain active if we pass a building inspection every 180 days. Debbie Fountain did not respond to that May 20, 2014 letter until November 4, 2014. Despite the commitment outlined in the May 20, 2014 letter, and Join Hands Save A Life's continued good faith effort to construct the project despite numerous constraints, the November 4, 2014 letter threatening to terminate our permits in less than 2 months. Specifically, the notice stated the Building Official would not be able. to extend the building permits beyond December 31, 2014 if "substantial construction progress" was not made on construction of the project by that date. . This letter Intimidated a number of volunteers, including a church men's ministry composed of various general contractors, who, subsequently, decided not to participate in the agreed upon work on the project. In a private conversation with Debbie Fountain she said the letter was meant to encourage volunteers to work faster, but in reality it had the opposite effect. 1 Please see Exhibit A attached hereto for detailed history of the project funding issues. 2 of6 3 of6 Since the timeframe was during the holiday season and many of the volunteers had already made other plans they felt overwhelmed and thought it impossible to meet those heavy demands on such short notice. Due to the intimidating tone of the November 2014 letter, the volunteers stopped working on the building; thus, detrimentally delaying the project construction. In late 2014, during a long phone conversation between I and the Carlsbad Building Official Will Foss, different options and strategy1s to enclose the building were discussed, including among other things, ignoring the interior construction to focus entirely on the exterior of the building. Join Hands Save A Life changed its plans accordingly and scheduled the Plasterers Union, Carpenters Union, lronworkers Union, Church Groups, Local Contractors and various volunteers to focus on completing the exterior of the building. Join Hands Save Life subsequently submitted correspondence on December 31, 2014 outlining the progress made by Join Hands and demonstrated its ability to complete the enclosure of the building in short order. On March 5, 2015, City staff and Join Hands Save a Life met to discuss the Project. Those in attendance included: Debbie Fountain, Will Foss, Frank Sorino, Dennis Holz, and Fred Gonzales. During the meeting, City staff informed Join Hands Save A Life that, traditionally under the City Municipal Code, building permits are null and void if the construction of a project is not complete within three years of permit issuance. As demonstrated, the City continually acted in a way that indicated that the permits issued to Join Hands Save A Life were still in effect despite the end of the three-year deadline. Join Hands Save A Life has detrimentally relied on the City's actions regarding the apparent continued life of its permits. During the March 5, 2015 meeting, City staff also stated that, pursuant to the City Municipal Code, the life of building permits is typically only extended in "extenuating circumstances" as approved by the Building Official. At no point during the approximately 10 years or more prior this meeting did the City intimate an extension was necessary or voluntarily award one to Join Hands Save A Life. Additionally, during the past approximately 10 years or more, Join Hands Save A Life has not requested an extension, and had not done so prior to the March 5, 2015 meeting because City staff had repeatedly indicated that as long as Join Hands Save A Life continued making good faith progress with the construction that the permits would remain active, and not require an extension. In addition, Join Hands Save A Life has had a long term agreement with the City that if a building inspection was passed every 180 days the City would not terminate the permits. In a subsequent correspondence dated March 11, 2015, the City outlined critical "milestones" construction phases and completion dates with a permit termination date of June 30, 2015. In an attempt to meet these deadlines, 4 of6 Join Hands Save A Life employed volunteer subcontractors and workers. City staff then attempted to dictate the construction process, which was contrary to common practice and the law. The City's "suggestions" resulted in further delays in the construction due it the haphazard and contrarian nature of the City's demands. City staff also demanded to speak with the volunteers and attempted to tell them how to do their jobs, which distanced a number of volunteers and actually caused a number to quit the project. In addition the City determined the project could only be inspected by the Building Official. Due to the Building Official's impacted schedule, this demand resulted in an additional loss of work on the project. By way of example, I called the Building Official on a Wednesday to inspect the insulation so the previously scheduled volunteers could install the drywall. However, the Building Official did not respond to this request until the following Monday, resulting in the loss of 3 critical work days. This inactivity caused by the City threw the whole schedule off and caused Join Hands Save A Life to lose its second team of plasterers. To put this in perspective, we set up teams of over 20 people who can accomplish a lot in 3 days -as they installed the DensGlass in 3 days -, so the loss was great. In total, the City's actions have resulted in loss of work from church volunteers, Union volunteers, plumbers, and carpenters, among others, which caused detrimental delays in the construction of the project. Since we must schedule the various union apprentice classes well in advance, timing proved crucial. The Plasters Union told me they schedule their classes and activities 6 months in advance. Later in March of 2015 when the Plasters Union sent representatives to inspect the site, much to my surprise, they informed me the Join Hands Critical Path-Milestone Construction Phases and Completion Dates schedule as set forth in the March 11, 2015 letter from Debbie Fountain and Will Foss was out of order and against their construction practices. This resulted in the loss of the first stucco team, which was scheduled to stucco the building in April 2015. The Plasters Union, Carpenters Union, lronworkers Union, and various plaster company owners all informed me we should secure the interior of the exterior walls with drywall before we plaster and stucco the building. This forced Join Hands Save a Life to reverse course and complete the interior work on short notice. Despite the City's actions, Join Hands Save A Life has been able to enclose the building. Specifically, Join Hands Save A Life has made tremendous progress in the last year and especially in the last six months. As of the date of this letter the following "milestones" have been met: • Installed scaffolding; • Installed exterior DensGlass substrate sheathing; • Installed electrical; • Installed cables, fiber optics, security, sound system, TV, telephone wires; 5 of6 • Installed Insulation; • Installed drywall; • Installed roof underlayment and roofing material; • Installed door frames, window frames, window flashing and windows (doors are onsite but currently off until after exterior color is completed); • Installed heavy duty rain gutters; • Installed all the exterior lathing; and • Plastered and applied stucco to the exterior of the building. As defined in the November 4, 2014 City correspondence, this work · constitutes "substantial construction progress" because it is qualifies as "complete construction of at least the exterior of the building and related exterior improvements." As such, we believe Join Hands Save A Life has complied with all requirements to keep its building permits in affect as allowed under the November 4, 2014 correspondence. Alternatively, we believe Join Hands Save A Life is entitled to good faith and fair dealing on the City's part. Join Hands Save A Life has complied with every arbitrary, capricious, and discriminatory demand, suggestion, and instruction put forth by City staff. It is so close to finishing the construction of the Project, which will be an advantageous addition to the City and Barrio community it will service. To force Join Hands Save A Life to re-enter the permitting process or demolish the building will substantially hinder the City's · ability to provide the youth facilities offered by the project. Not only is it in Join Hands Save A Life's best interest that the permits be remain in effect past of June 30, 2015, it is also in the City's best interest for its citizens, its community and its future. It should also be noted that Debbie Fountain has associated the project with "slow progress." Contrary to her opinion, Join Hands Save A Life is actually on a faster pace than when it was planning to use the CDBG grant funds that were allocated to the organization. Like the Boys and Girls Club when they remodeled their Village branch, Join Hands Save A Life accumulated years of CDBG grants, starting in 1995 through the years to 2002, accumulating the funds to complete the building. If you add 3 years to that to complete the building construction it comes to a total of approximately 11 years. Since the lawsuit ended in 2006, when we had to start over, it has been approximately 9 years and we have already enclosed the building without any help from the City of Carlsbad. We are in fact on a faster pace than the pace Debbie Fountain and Frank Boensch set for us with the use of CDBG grant funds. This is even more impressive, when one factors in the fact that the price of materials and construction have skyrocketed over the past 10 years. Also many neighbors have walked by the Project recently as we have been working on it. 100% of them that we talked to were very encouraged and 6 of6 delighted with the progress we have been making. Our neighbors to the North and South both commented that our building would increase the value of their properties. We hope these actions have addressed the City's concerns. We appreciate the City's grace in continuing to work with us to provide this facility for the youth of Carlsbad, and we look forward to working with you in a cooperative spirit. If you have any concerns or questions, please call or write me. Sincerely, Frank Anthony Sorino, Founder/President/CEO CC: JHSAL Board Members, Dennis Holz Attorney, Suzanne Bryant CPA Whitney A. Hodges for Sheppard, Mullin, Richter & Hampton LLP EXHIBIT A Sheppard Mullin June 30, 2015 VIA E-MAIL AND U.S. MAIL Debbie Fountain Housing and Neighborhood Services Director City of Carlsbad Community and Economic Development Department 1200 Carlsbad Village Drive Carlsbad, California 92008 E-Mail: debbie.fountain@carlsbadca.gov Re: Join Hands Save A Life Building Permits Dear Ms. Fountain: Sheppard Mullin Richter & Hampton LLP 501 West Broadway, 19th Floor San Diego, CA 92101-3598 619.338.6500 main 619.234.3815 main fax www.sheppardmullin.com 619.338.6542 direct whodges@sheppardmullin.com File Number: 0010-210814 I am writing to you on behalf of my client, Join Hands Save A Life ("Join Hands"), in relation to the development of a youth center located at 3275 Roosevelt Street in the City of Carlsbad (APN 204-081-16) (the "Project"), and in response to your March 11, 2015 correspondence. By way of background, Join Hands is 501(c)(3) organization aimed at providing free constructive alternatives for teens in the City of Carlsbad ("City") and surrounding communities in order to reduce destructive behavior, including drug use, alcohol abuse, criminal activity and gang affiliation. Since its inception Join Hands has served an annual average of 250 individuals, or approximately 5,000 visits. Join Hands strives to serve as a beacon of hope to deter young people from negative life choices and encourage them to partake in constructive alternatives. To further facilitate its mission, Join Hands proposed development of the Project. To date, Join Hands has had a tumultuous journey in attempting to complete construction of this Project. Despite the City's vacillating policies and subjective requirements as detailed below, Join Hands has complied with the obligations outlined by the City in a March 5, 2015 meeting that required substantial construction progress of the Project by June 30, 2015. Therefore, we request the City refrain from terminating the building permits and allow Join Hands to continue to construct the Project as permitted under the existing permits. I. Project Funding By way of background, in May 1993, Join Hands received a Community Development Block Grant Program ("CDBG Program") grant from United States Department of Housing and SheppardMullin Debbie Fountain June 30, 2015 Page2 Urban Development ("HUD"). In 1994, Join Hands found an empty lot in a neighborhood with the requisite zoning in Carlsbad that Join Hands was currently serving. Join Hands received an additional five-year CDBG Program grants to put towards the purchase price of the property. Additionally, the City of Carlsbad City Council ("City Council") committed a five-year grant for construction of the Project. In 1995, Join Hands closed escrow on this property. Aside from these grants and allocations, Join Hands was also awarded a number of additional loans and grants, some of which required Join Hands to match dollar-for- dollar. Join Hands has complied with all grant and loan requirements to date. With initial funding apparently secured, Join Hands submitted its first building application in 1996. Join Hands attended countless meetings with City staff, which resulted in numerous plan revisions due to conflicting information given by City staff. This process has proved to be very frustrating and time-consuming. In one of many examples, the City's Design Review Board supported the Project, only to revoke its' support. After three years of meetings and planning, the City's Housing and Redevelopment Commission ("Housing Commission") reviewed and approved a revised proposal. On March 2, 1999, the City Council, sitting as the Housing Commission, approved a major redevelopment permit for the Project. As part of this approval, the Housing Commission required that each time Join Hands applies for or is granted CDBG Program funding or any other public financial assistance by the City or the Redevelopment Agency the funds shall be secured by a deed of trust, lien or other appropriate mechanism that runs with the land as a condition to such grant. The City has not traditionally required other CDBG Program funding recipients to implement similar restrictions upon their land. Sometime later, the City sent Join Hands an agreement, a deed of trust security agreement and a promissory note, in the form of a twenty-year loan, which would apply retroactively to the previously awarded five-year grants. It must be noted that other recipient organizations of CDBG Program funds who received five-year grants in the same years as Join Hands were not required to execute an agreement and a promissory note. At the time and in subsequent discussions with the City, Join Hands objected to this discriminatory treatment. Had the City treated Join Hands like every other CDBG Program recipient, and its five-year grants were permitted to remain as awarded, we believe the Project would have been fully constructed as of the date of this letter. Despite its objections and as a result of City staff threats, Join Hands entered a signed agreement with the City on November 20, 2000, with the understanding that it could use volunteers, obtain in-kind services and receive material donations to satisfy some of the financing in the budget requirements of the Subrecipient Agreement. This same year, Frank Boensch, Management Analyst for the City's Housing and Development Department, told Join Hands representatives that he was very encouraged by the organization's progress. Between June 19, 2001 and June 30, 2002 Join Hands made substantial progress on the Project. During this time, Join Hands already started spending the CDBG Program funds allocated toward the Project. SheppardMullin Debbie Fountain June 30, 2015 Page 3 When the Project was first initiated, Join Hands implemented a strategy to construct the building with combination of CDBG Program funding and the use of volunteer subcontractors, where available. In conjunction with this, Join Hands received "volunteer" forms from City staff for its Invitation to Bid book (the "Book"). The City staff authorized this use and kept a copy of the Book themselves. Specifically, the forms would allow Join Hands to submit volunteer labor to count against the cost of the Project. After bids had been received and the Project was set to move forward, Frank Boensch informed Join Hands that City staff had determined that there had been a change in the CDBG Program requirements and that all labor on the Project would have to be paid for at prevailing wage. Needless to say, this was a great shock to Join Hands as this eleventh-hour change substantially altered Join Hands's building construction strategy and doubled and, maybe even tripled, the cost of the construction for the Project. Not only could Join Hands not use volunteers or in-kind contributions, but Join Hands now had to pay anyone who worked on the Project the prevailing rate for union labor for the entire construction job. Join Hands had continually relied upon the statements and actions of the City with regard to the use of volunteers. Both the City and Join Hands knew how critically important the use of volunteers and in-kind contributions were going to be in the construction of the Project. On April 16, 2002, Join Hands secured a loan to ensure sufficient funding to complete the Project. After numerous meetings, telephone calls and emails with City staff, it was determined that the best overall strategy would be to commence construction by June 1, 2002. An April 22, 2002 letter from the City's Housing & Redevelopment Department, with copies to the City Manager, Community Development Director and the Housing and Redevelopment Director, outlined the requirements Join Hands was subject to and stated Join Hands must submit all the documentation described to the City as soon as possible to allow adequate time for review and approval if contracts were to be awarded in time for begin work by June 1, 2002. To facilitate development of the Project, Join Hands employed a third party certified public accountant to draft a five-year plan and a third party project manager to draft a building budget. Additionally, Bycor, the contractor awarded the construction bid, drafted construction cost estimates. Join Hands submitted these documents, and every additional document asked of it, to the City despite Debbie Fountain's allegations she has not received them. Join Hands also submitted a letter on June 12, 2002 stating that its Board of Directors would submit a check to the City for the amount needed to complete the Project. This money was intended as a donation and not a loan. Ultimately, the City reallocated CDBG Program funds originally allocated to Join Hands to other recipients. At the time, very prominent members in the community were willing to contribute funds and lead fundraisers, leading Join Hands to believe it was in a good position to complete the Project. Despite this, and the substantial progress Join Hands has made to date, problems have persisted between the City and Join Hands to point of litigation between the parties. II. Conclusion During the entire process, City staff has pretended to be working with Join Hands when in reality it was taking all necessary steps to convince the City Council the Project was doomed SheppardMullin Debbie Fountain June 30, 2015 Page4 from the start. Instead of working with Join Hands, City staff has continually misled Join Hands. The City has caused Join Hands to believe it was complying with all requirements and the progression of the Project was satisfactory when in fact the City has been undermining the Project at nearly every step. City staff didn't indicate Join Hands must apply for an extension, nor did it grant any extension sua sponte during the ten years since the issuance of the buildings permits. City staff also never gave any indication that neither the loan nor the personal financing made available were unsatisfactory sources of funding. While Join Hands was attempting, against all odds, to complete the Project, City staff was misrepresenting the facts of the loan and Join Hands's good faith effort to the City Council. We appreciate the opportunity to talk to you about this issue at your earliest convenience. Please do not hesitate to contact me with any questions, concerns and comments regarding this request or anything related to the Project. Sincerely, ✓JJJ~1P~ Whitney A Hodges for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP SMRH:439760712.3 cc: Frank Serino Dennis Holz Mayor Matt Hall City Manager Assistant City Manager City Attorney JOIN HANDS SAVE A LIFE Giving Kids A Fighting Chance 1 of 5 Join Hands Save A Life (JHSAL) A Non Profit Charitable Corporation Federal Tax ID# 33-0592140 3530 Madison Street, Carlsbad CA. 92008-5034 Tel/Fax (760) 720-0540 ioinhandssavealife@yahoo.com 8-14-2015 Debbie Fountain City of Carlsbad -Housing and Neighborhood Services Director Will Foss Building Official Glen Van Peski Community and Economic Development Director Re: Join Hands Save A Life Project Dear Ms. Fountain, Mr. Foss and Mr. Van Peski. : Before I tell you what we have completed since June, 30, 2015 I would like to thank you all for the different tone in your correspondence with me and Join Hands Save A Life as a whole. I hope that we are all on the same page as to wanting to finish the exterior look of the building as soon as possible. No one on the face of the earth wants to finish this facility so we can help more Carlsbad youth then I. As you may know Join Hands Save A Life is a non- profit charitable corporation that has been serving Carlsbad youth for almost 25 years. We are a group of loyal volunteers who have embarked in a project at our expense to build a Free Teen Center to help guide Carlsbad youth in positive directions. We have many success stories of youth who joined the military to serve our country, joined the various construction trades, become professional athletes, college students, teachers, nurses, coaches, firefighters, peace officers and many other occupations which have made them productive members of our society. Our project accomplishes a few of the goals set forth in the barrio meetings city staff had with the citizens. We in a very short amount of time will have one of the most beautiful buildings in the neighborhood. Our building is the most modern, structurally sound, most fireproof, safest and "Bullet Proof' (as Will Foss has said) structure in the barrio. Our building will add value to the properties of our neighbors. But most importantly we will deter gang membership and provide positive daily activities that have a proven track record of almost a quarter of a century to guide youth into better health, higher education and more productive lives. 2 of 5 Since June 30, 2015 we had to purchase materials, tools, rent equipment, and buy food, drinks, and snacks for all the volunteers and Union Trade crews. Plus we had to make long trips to pick up donated and purchased materials, in addition to purchasing and having delivered whatever else was needed. We cleaned up the site multiple times and took multiple loads to the dump. The scaffolding also had to be cleaned a number of times to make it safe for the work crews. We rented two scissor lifts for three weeks so we could reach all the high places as we had volunteers willing to install drywall in all the hard to get to complicated time consuming places. To achieve this we had to screw in thousands upon thousands of screws to affix the drywall to the building. The scissor lifts were also necessary in adding extra security camera wires and other details to the upper regions of the 30ft high building. Continuing to move forward, we installed roll up doors, exterior doors and door frames as well as weld the framing and door frames. The windows were also cleaned, caulked, re-taped and covered with plastic after the scratch and brown coats to prepare for the color and texture coats. I, Juan, Dan and Scott had various meetings with City staff regarding door sizes with Will Foss, Austin Silva and other City staff members. We appreciate their flexibility and giving us permission to change the door sizes and switch certain double doors to single doors without changing our occupancy. This, however, required us to get skilled professionals who had limited hours each week to change the door framing, add custom designs, install new door frames, Densglass, lathing and perfectly match the scratch and brown stucco coats. We also had to work around the schedule of a professional welder who volunteered to help us weld various components. As mentioned in my June 30, 2015 letter you received, various circumstances led to changed schedules, loss of volunteers, skilled tradesmen and Union trades crews which slowed construction. Those delays also almost caused the loss of the Union members who were to do our color and texture coats, as they had problems trying to reschedule us in a timely manner. So we recruited other plasterers who volunteered to do the color coat on Saturday July 18, 2015. We then purchased and had delivered all the stucco color coat bags on Friday July 17, 2015. As it turned out we had a sudden heavy rainfall which caused the work not to get done. I thank God that Tom from the Plasters Union recruited a team of instructors, teachers and the retired to go along with members of the Plaster Tenders Union to start the color and texture coats on July 28, 2015 and come back to finish on July 30, 2015. Tom's crew were old school plasterers in their 50's and 60's. Some, as in Tom's case had not performed such physical labor in over ten years. But they loved the cause of Join Hands Save A Life and understood the value of keeping teens occupied with daily positive activities. They spoke of the great 3 of 5 potential our Free Teen Center has to help so many youth stay off of drugs, out of gangs and out of trouble. I'm sure they were sore for day's and maybe weeks, but they smiled and said it was well worth it as they drove all the way back home to Ontario. In addition to all the physical labor and the acquisition of all the materials, tools and all the other supplies that were needed, we had many meetings from June 30, 2015 to the date of this letter. We met with attorneys, advisors, CPA, architects, landscape professionals, plumbers, roofers, general contractors, irrigation specialists, people who specialize in concrete, pavers, plants, possible funding sources, those who could donate materials and labor. Even still, we have continued to be diligent and have made substantial progress during that time period. Much of the work had to be done by skilled tradesmen such as welders, framers, roll up door installers, carpenters, fiber optics expert, drywaller's, plasterers, metal and wood door installers. An extraordinary amount of high cost finish, detail (we all know how time consuming the detail work is), and expertise has been added to the volume construction that was completed from June 30, 2015 to the date of this letter. Someone may drive-by and report that nothing is being done on the building (at that particular moment) or think there is lack of progress, but that is not true. If anyone has the expectation that over 20 people have to be there every day doing massive amounts of physical work is unrealistic. Those people have other jobs and responsibilities. Like I shared with City staff before, we set up a large amount of people who can do a lot of work in a short amount of time but city staff must also understand that the arrangement of schedules, planning in advance, fundraising, donations, obtaining all the tools, equipment, supplies and materials takes a lot of time. But the large crews make up that well spent time by doing the work so much faster than normal size crews. City staff must understand it makes our job so much harder when we are constantly being threatened with the expiring of our permits and the extraordinary damage that it would cause to be inflicted on Join Hands Save A Life. Those threats do more harm than good; they cause us to waste valuable time writing letters like this. Having to meet with attorneys, consultants and advisors to discuss what we must do to counter any attacks on our basic survival. Plus it has caused us to lose potential funding as it makes it very difficult to get grants and funding when the City is threatening to expire our permits. Also, the rush out of sequence demands has caused us to waste valuable funds purchasing some materials at the retail price which could have been donated. The facility will be built much faster if we are allowed to focus on the task at hand. In our May 20, 2014 letter we shared our planned schedule to enclose our building by the summer of 2015. If we would have been allowed without 4 of 5 threat's from City staff to flow with the natural order of our planned schedules of construction we would have enclosed the building during the spring of 2015. We would have been much farther along to the completion of our building and would have finished all the exterior landscape and improvements during the summer of 2015. In regards to the July 2, 2015 email, we did clean up the property and remove the trash. But we could not start the landscape and make the property no longer look like a construction site. Because we still needed the scaffolding to color coat the building and the trailer which holds all of our tools. We understand our trailer must be moved before we grade the site. We also still need all the sand piled up for our pavers. As for the schedule you asked for we will immediately this Saturday August 15, 2015 work on the high detail work and make the site more presentable by removing the extra color coat bags and materials we don't need any more. We would like to keep the scaffolding up for another few weeks to allow the experts to safely finish the complicated details along the edges of the roof, walls, windows, gutters and to allow us time to clean, break down and return the scaffolding. During this time period we would like to meet with ASAP the free consultant Will Foss told us about from the City who can advise on drought tolerant landscaping. We will need to meet with that person and then get the City to adjust our landscape design due to the severe California drought. We already have the company set up to do the exterior cement improvements they will need a maximum of 2 weeks to finish their work. I am awaiting a phone call most likely early next week from a company who has sent a request to corporate for the go ahead to do our landscape improvements. If for some reason that fails to materialize we have other volunteers who can step in. It would be well worth a short waiting period if they were to send a large crew and supply all the materials free of charge. Our goal is not to play games or stall we wish to complete the exterior improvements ASAP, but as you can see we still need to iron out a few details with the City. So as of now we anticipate our exterior landscape and improvements should be done during early fall of 2015. We did have a pre-planned meeting Tuesday August 11, 2015 in which we discussed the exterior improvements. It was recommended that we get City approval for any drought tolerant changes we make before we start that particular work. The sooner we get approval from the City of Carlsbad as to what they will allow us to do the sooner the landscape improvements will be done. Please let me know what days and times we can meet to find out ASAP? We were also warned of the difficulties of trying to predict an exact date to finish. They said there were just too many variables in the construction field. As a matter of historical facts we were rained out of a few days last August 2014, and we were rained out July 18, 2015. Other unexpected events have also happened such as our door installer could not meet his 5 of 5 commitment because his wife was sent to the hospital in critical condition. The area we are discussing is not that large of an area so we don't foresee too many difficulties. We have been planning, anticipating and looking forward to the day the whole exterior looks great and we are so close we can taste it! If there are any deal breakers please let us know so we can if possible amend our schedule to best meet your demands. It makes no reasonable sense for the City to expire our permits now that we are such a short time away from finishing all of the exterior work. Whereas it will take years and years of extra eyesores if we are forced into legal action or to start over again. Can the City consider supporting our mission to help local youth instead of threatening us? There are so many good hearted, decent people involved with Join Hands Save A Life volunteering their time, energy and finances to make sure the approximately 2 ½ to 3 million dollar facility is completed and ready to help Carlsbad youth for years and years to come. Most Cities' would love to have such generous concerned people dedicated to helping their youth. Since Mid-March 2015 Join Hands Save A life has completed 1 00's and 1 0O's of thousands of dollars worth of construction. We have always played by the rules the City set years ago, that if we pass a building inspection every 180 days our permits would remain active. But as you very well know we have made tremendous gains recently and we wish to work with the city of Carlsbad in a common goal (regardless of individual personalities) to enrich the lives of Carlsbad youth and the community at large. We hope these actions have addressed the City's concern. We appreciate the City's grace in continuing to work with us to provide this facility for the youth of Carlsbad, and we look forward to working with you in a cooperative spirit. If you have any concerns or questions, please call me. Sincerely, Frank Anthony Sorino, Founder/President/CEO CC: JHSAL Board Members, Dennis Holz Attorney. Debbie Fountain Community & Economic Development Director Mike Peterson Building Official February 12, 2019 Appeal Of The Building Permit Expiration For The Project Located at 3275 Roosevelt Street Location Map Project Description The project was approved as a 6,175 square foot single story building with the intended use to be a youth facility and gymnasium. Building Permit Timeline Date Event August 2000 Submitted For Plan Check August 2001 Building Permit Issued January 2004 1st Approved Building Inspection Permit Inspections 2004-2014 39 Requested/26 Approved August 2015 1st Letter Regarding Expiration Building Permit Timeline cont’d Date Event Permit Inspections 2015-2018 20 requested/ 10 Approved May 2018 Notice Of Permit Expiration On August 20, 2018 September 2018 Appeal Filed With City February 2019 City Council Hears Appeal Some Code Changes Over Last 17 Years •The building would now require fire sprinklers •Structural provisions have become more restrictive •California Green Building Standards are now applicable •Energy requirements are more stringent •Disable access requirements have become more restrictive CMC 18.04.030 Section 105.5 Amended Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 calendar days from the date of such permit, CMC 18.04.030 Section 105.5 Amended cont’d or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 180 calendar days, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Project As It Stands Today Tyler Street Next Steps •Work with Mr. Sorino on the scope of work •Issue a new building permit •Inspect required work •Final building permit •Process refund •No Occupancy allowed Conclusion •Staff Recommendation: –Approve Council Resolution denying the appeal of Frank Sorino of the Expiration of Building Permit CB00-3222 for the project located at 3275 Roosevelt Street. Questions?