HomeMy WebLinkAboutReso 1976-8031RESOLUTION N0. 8031
RESOLUTION OF T]IE CITY COUNCIL OF TFiE C1TY OF CfiULA
VISTA, APPROVING AGFtEr~ti]}~NT [3ETWf:iN 'I']iE CI rY OF CffULA
VISTA AND CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION
AND AUTIiORIZING THE CITY PQANAGER TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
h'OI4, TIIEREFORE, BE IT RESOLVED that that cartain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
State of California Coastal Zone Conservation Commission
dated the 29th day of December , 19 75 , a copy of
which is attached hereto and incorporated herein, the same as thouclh
fully sot forth herein be, and the same is hereby approved.
BE IT r~URTHER RESOLVED i.hat the City Manager of the City of Chula
Vista be, and he is herby authorized and directed to axecute said
agreement for and on behalf of the City of Chula Vista=
Presented by
/s/ Paul Desrochers
Approved as to form by
~ y-,
Paul Desrochers, Director or Gec2r~e D. Lindberg, City Attorney
Community Development
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 27th day of January , 19~, by
the following vote, to-wit:
AYES: Councilman
NAYES: Councilmen
ABSENT: Councilmen
Hobel, Hamilton, Hyde, Egdahl, Scott
None
None
/s/ Thomas D. Hamilton, Jr.
Tiayor of the City of Chula Vista
ATTEST /s/ Jennie M. Fulasz
C_tl Clara
STATE OF CALIFORNIA)
COL'N:'1' Or SAN DIEGv) ss .
CITY OF Cl1ULA JIS I'A)
I, JENNI_E M_._F_U_L_ASZ _ _ _ _ ____, C~ ty Clerk oL the C,. t. ,'
Of C}lUlc3 V1SLd, C;i1`11L-'il-lli a, li0 lil:}tI:I~Y ~~I,}tl'1.1')~ tlldt t]li1 ~~l~OV~'. 1;> 1 L"ll~ ~_,
true and correct cor>y of ]?r~s~olur.,c>n 1Jo. 8031 , :Inca t:haL- th~~ s~~me h~~a
not bef±n ~zmondc.l ar tcpcalc:d. llAT}~.D Februa~ 4, 1976 ._
__ t~~. ~ ~ f i //''
/~ ..
Firm No, 342
Rev j~ 74
RED ~Li.JTI~UN NO, 8031
~_ . ,. _
_ _ Y _~
JIj'1'A, '~k.`PF`t=.-s` _ i'~;~ ~~<E~~`~i'.~ti"i." B~TirJS~,N ~`EI~ ~ ~ i r ~ r' ~H~TL
'.TiSTy ANr~ CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION
AIv'D AUTLI{~ l T ~ r ^'-, TFIR CITY MANAGER TO EXECUTE SAID AGREEMENT
resolve as r,_,l~r?;^;C;
crow, TEIE~tErr"`"~:E, LF~ I1 ~:J~~ _.:~~'D that ~. _..._n agi~cmv:,*
between THE CITY OT~ ~"~IL1LA °vISTA, ~. ~~;~:~~c:~p~l ~~r_~=~r~ * i.~:: ~, at-~d
State of California Coastal Zone Conservation Commission
dated the 29th day of December 197; a copy cf
which is attached hereto and incorporated herein; tr~~ Lame as tI'iJi,iti~
fully set forth herein be, and the same is hereby ap~r~.~ved:
BE I:T r'URT't3r/J'rt ~zEU~~L,%ED z:.iza;~ t.~.e City Manager of the City of Chula
Vista be, and he ~: hUr~by author..z zee and d r ~:~ Lam:? r Jx^ ~a~~ _~ : -?
agreement .for and Ln b.~~a"' f of the City ~f~ i'h~,zi.a tii~_v,;~-:
Frese to y Ap~,~_ ~ ~,{~ ~ _, r~_ _:~.~~ Q:~.
,.
~ __ - ,
- -"
;. ~
Paul Desrochers, Director of~ George D. Lindberg, City Attorney
Community Development
ADOP`T'ED AND APPROVED by the CITY COUNCIL of .he TTY Or' CfiULA
VISTA, CALT.FORNiA, tr.~L 27th day of January , 19 76 , by
the following vote, co-wit:
AYES: Councilmen__ Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES: Councilmen None
ABSENT: Councilmen None
r1 yor of the ~.z. r' of ~h.z?.a~V, 7~a
A'T i E ~1~1~ _ y~L~ -
n ~,i~~
~.. ~ t ~~ ~. ,. r .. Chi f/
STATE OF CALL ~~'OkN I A)
COUNT' Or SAN DIEC~) ~s
CI'T'Y OF CEIUL~1 ~1S a a
i ` -__.' C z t~ ~~ L :~ e r k o f t, ~ : ~ t, .. t ~;
of Chula Vista, Californ~.a, DO HEkEBY CER?'L~'~Y treat the ubr~ve 1~ a r_uli.;
true and correct copy of Re soiut:o~ iJc , and tt~,~.t t;hp same has
not. been amended. or r_ ~nealed < D?i:.'.,~~? ~~~~~
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ORIGINAL SIGNED BY /'
ThOMAS FI. CLAYTON P ~~-~--~"s~.Jr=`-~-- ..
STANDARD A~=REFM~`.TT NUMBER R7-75-
COMPENSATION (continued)
dollars and no cents,
payable as invoiced according to the attached Annual Work Program Summary and
Payment Schedule, which is hereby incorporated into and made an integral part
of this Agreement. Each invoice shall be approved by the State's Office of
Planning and Research and shall be in triplicate and shall contain the follow-
ing items: the Contractor's complete name and address; the Agreement number;
a brief but itemized statement as to the nature of the invoice; the amount of
the invoice; any necessary cross references to the Annual Work Program Summary
and Payment Schedule; and the original signature of an authorized officer or
official of the Contractor.
TIME OF PERFORMANCE AND CANCELLATION
The term of this Agreement is from January 1, 1976 through September 30, 1976
unless it is cancelled by either party with or without the consent of the other
butt with ten (10) working days notice from the withdrawing party to the remaining
party.
In the event of cancellation, the State will be responsible for any reasonable
debt incurred by the Contractor in the performance of this Agreement up to the
effective date and hour of cancellation and to the monetary limit of the Agree-
ment.
AUTHORITY
Section 272/0 of the Public Resources Code provides that:
"The Commission and each Regional Commission may:
. .(b) Contract for any professional services if
such work or services cannot satisfactorily
be performed by its employees; ."
APPROVALS
This Agreement is subject to the advanced review and approval of the State's
Department of Finance, and the Department of General Services. It is exempt
from the approval of the State Personnel Board.
(1)
. STANDARD A~sREIl~7FdVT NUMBER. R'?-'75-
RESOLUTIONS
The attached resolution statements from the respective policy-making bodies
of the contracting parties which indicate the authorization of this Agreement
by those bodies is hereby incorporated into and made an integral part of this
Agreement.
STATII~IENT OF ASSURANCES
The attached statement of assurances is hereby incorporated into and made an
integral part of this Agreement.
FIDERAL MANAGII~IENT CIRCULARS ( FMC )
FMC 74-1~: Cost principles applicable to grants and contracts with State and
local governments, and FMC 'jl~-7: Uniform administrative requirements for
grants-in-aid to State and local governments are hereby incorporated into
this Agreement by reference and made an integral part of this Agreement as
if they were attached.
FAIR DKPLOYMENT PRACTICES ADDENDUM
The attached copy of State Standard Form 3, Fair F3nployment Practices Addendum
is hereby incorporated into and made an integral part of this Agreement.
FEDERAL FUNDING
This Agreement is funded from a third development grant from the National Oceanic
and Atmospheric Administration to the California Coastal Zone Conservation Commis-
sion, and is subject to all of the conditions of that grant.
CONTRACTOR'S MATCHING SHARE
The Contractor agrees to match the State's sub grant, either in cash or in kind,
in an amount equal to fifty percent, (50f) of the State's sub grant to the
Contractor. This arrangement will fund this Agreement on a 2~3's Federal~State
and 1~3 local government basis.
(2)
Q~ X03/
RF~OLUTION STATIl~III~1T
At its regularly scheduled meeting of Wednesday, January 7, 1976
the State Commission of the California Coastal Zone Conservation Com-
mission authorized the execution of ten Agreements between the Commis-
sion and the public agencies which follow and for the amounts indicated
after each agency.
(1) State of California, Office of Planning and Research - $4,000.00;
(2) City of Trinidad - $20,000.00;
(3) Marie County - $30,000.00;
(4) City of Santa Cruz - $22,000.00;
(5) Santa Barbara County - $24,000.00;
(6) City of Laguna Beach - $28,000.00;
(7) City of Chula Vista - $9,0.00;
($) Monterey County - $19,000.00;
(9) City of Santa Monica - $22,000.00; and
(10) City of Carlsbad - $16,000.00.
The purpose of these Agreements is to assist local governments
with the revisions of their General Plans, Codes, and Ordinances so
that they will be in agreement with the California Coastal Zone
Conservation Plan.
I certify that the above is true and correct to the best of my
lmowledge and belief.
/ ~
JOSEPH E. BODOVITZ
Executive Director
/`~S1a3~
r~:~.1G 7=4-7~
At tr~ch:~t?nt '~t
PART IV
ASSURAfdCES
The F~,PGllcant herby assur=;s ~nrl certifies that he will comply with the r.:~iulations, policies, guid=;linss, ar,d requirements
inc'uding U?:1 c: Crrcu'::r .vu. ~~ ;.+d Ft,+rs i~ ~„d 71 7; as they r + .te io tire', 2,~olic<iiun, aCCep ;nr,:~ and us ~ of Federal
func!s for this Fed:rally assis*~d p,oject. Also the Applicant .,ssur?s :.nd cart;f ~s v,ith respect to the Grant that:
t. It p.ossess2s I=c;al c,uthority to apply for the grant; that a
resolution, motion or similar action has bean duly
a~io,~ted or passed as i,n o`ticial act of the applicant's
go';erning body, a!;thorizing the filing of the applic.;:ion,
including all understandings and assurances contained
therein, and directing and authorizing the parson identi-
fi~d as the official represeniaiiv? of ih~ applicant to act
in connection with the application and to provide s+!ch
additional information as may be required.
2. I~t ~°Jill comply ~..ith Title Vl of the Civil F2igiits Act of
1°64 (P. L. 82-352) and in accordance with Title Vi of
that Act, no person in the United States shall, on the
ground of race, color, or national origin, be excluded
from participation in, t;z denied the benefits of, or be
otii~r~rrise subj°cted to dis:,rimin.ation under any pro-
. gram or activity for which ihs applicant receives Federal
financial ass stance anal will imrn~-diate!y take any mea-
sures necessary to effectuate 'his agreement.
3. It vJrll comply ~~:ith Title VI of the Civil Richts Act of
19~ {42 USC ZCuOdi p.rchibitinc ~~rnp?oyment c!iscrimi-
n•~tion +.•/her2 (1) the primary purpose cF a Grant is to
provide employmznt ur (il discriminatory ernploymen.r
practic°s will ras~.!lt in unzquai treatment of persons +rJho
are or should ba b~n_fitir.g from tF,e nr~nt-aided activity.
4. It '.will comply ~•rth rec;uirs;-+ents of Titl^ II and Title II I
of tt:e Uniform Re!oc~t,on ASSisic:nC~ and "Heal F'roperiy
Ar.,q~~isitiuns Act of 1970 (t'.L. 91-0=16) :~ihich provic!es
for fair and equitable treatment of persons displaced as a
result of Federal and Feder+lly assisted programs.
5. It bvill comply with the provisions of the Hatch Act
which limit the political activity of employees.
6. It ,rJili comply with the minirnurn wage and maximum
hours provisions of the Federal Fair La':!or Stanc!ards
Aci, as they apply to hospital and Fduc~;tional institu-
tion employees of Stag and local governments.
7. Ii ~^rill establish safeguards to prohihit employees frcrn
using their positions for a purpose that is or gives t;:e
appearance of being r„otivated by a desire for priv<;te
gain for thernselv~s or others, particularly those wi~-h
whom they have family, business, or other ties.
8. It ,,vi11 give the grantor agency cr the Cerr,ptrol'er Gen-
era{ through any authnrirec! r~:presentative iha access to
and ti+e right to examine atl recorc!s, books, papers, or
documents rzlated to tii~: urant.
9. IC ~~:ift comply ~Jith all reciuir~mzr i,nposed by t.`!=
Federal grantor agency concerning special requirernzr u
of Ia~rJ, program r•~q~!iremer.ts, and o~hzr ad,ministrati•,e
requir,ments apprcvec} in acccrdar.ce with F'•iC ?-'.-1•
Exhibit :~:-5. Application for E'ederal Assistance (Short Form)
(Page 5 of ~)
34
/~ ~'i 3 /
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate
against any employee or applicant for employment because of race, color, reli-
gion, ancestry, sex, age*, or national origin. The Contractor will take affirm-
ative action to ensure that applicants are employed, and. that employees are
treated during employment, without regard to their race, color, religion, an-
cestry, sex, age, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
The Contractor shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the State setting forth
the provisions of this Fair Employment Practices sectior_.
2. The Contractor will permit access to his records of employment, employment
advertisements, application forms, and other pertinent data and. records by the
State Fair Employment Practices Commission, or any other agency of the State of
California designated by the awarding authority, for the purposes of investiga-
tion to ascertain compliance with the Fair Employment Practices section of this
contract.
3. Remedies for blillful Violation:
(a) The State may determine a willful violation of the Fair Employment
Practices provision to have occurred upon receipt of a final judg-
ment having that effect from a court in an action to which Contrac-
tor was a party, or upon receipt of a written notice from the Fair
Employment Practices Commission that it has investigated and deter-
mined that the Contractor has violated the Fair Employment Practices
pct and has issued an order, under Libor Code Section 1426, which has
become final, or obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision,
the State shall have the right to terminate this contract either in
whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shall be borne and paid for
by the Contractor and by his surety under the performance bond, if
any, and the State may deduct from any moneys due or that thereafter
may become due to the Contractor, the difference between the price
named in the contract and the actual cost thereof to the State.
* "It is unlawful employment practice for an employer to refuse to hire or
employ, or to discharge, dismiss, reduce, suspend, or demote, any indivi-
dual between the ages of 40 and 64 solely on the ground of age,..." (Labor
Code Section 1420.1)
STD. 3 (Rev. 8/~3)
~~63/
1
r
. WORK PROGRAM
Chula Vista Bayfront Redevelopment Project,
Relative to Certification Process of the Coastal Plan
ISSUES, PROBLEMS AND OPPORTUNITIES
The•cities and counties within the coastal resources management area
must bring their plans into conformity with the Coastal Plan. It is the
purpose of the Coastal Commission's pilot program to fund specified
communities in undertaking the planning process necessary to achieve
• this conformity. In this regard, the City of Chula Vista has developed
the following program to undertake a study of the Bayfront Redevelopment
Froject and its relationship to the policies of ttze Coastal Plan. •~
Goals
.
The goal of this study is to procede towards the local implementation
of the Coastal Plan. by undertaking the program outlined below,
PROGRAM SUBCATEGORX 100: Evaluation of Chula Vista Bayfront Plan in .__
Relationship to the Coast Plan
Objective
Identify relevant Coastal Plan policies that impact on the Bzyfront
Plan.
Haior Work Elements
--
1. Review Coastal Place and identify Coastal Plan policies which
affect the Chula Vista Bayfront Plan.
2. Identify city plans and policies affected by Coastal ~'1an. ~.
3. Review special jurisdictional plans and policies and identify
any constraints they place on local implementation of Coastal
. i'lan (e.g., Port District, Sewer District, Water District,
. Cal Ttans, etc.)
Products and Results
1. A working document i,dent9.fying the local impacts of the Coastal
Plan.
2. A working document outlining the significance of special
jurisdictional plans.
1Q~'o3/ •
_ __ _ _ ~ __
WORK PROGRAM ~ ~
Chula Vista Bayfront Redevelopment Project .
Page 2
Estimated Cost and Manpower
. ~ Man-Weeks Costs
Staff ~ 2 1/~ $ 1,900 _
Consultant - ___.~
Total 2 1/2 $ 1,900
Source of Funds
Local ~ $ ~ 6~3
federal C7.k~ 1, 267 ~ ~ .
Total $ 1,900
~~03~
WORK PROGRAM `, ~
Chula Vista B.~yfront k. welc~pment Project .'
Page 3 ~ _"
PROGRAM SUBCATEGORY 200: Develop Alternatives •
Objective
To develop and analyze planning options consistent with the Coastal
Plan.
Major Work Elements _
1. Based on the planning contract for local implementation, select
planning options for analysis.
2. Analyze impacts of these options.
3. Present planning options to pali.cy-tlmakers for review and to
Regional Coastal Cocs~aission.
4. Selection of preferred alternatives.
Products and Results
1. A report identifying the planning options and analyzing their
impact. .,, .
2. Selection of options by decisionmakers.
Estimated Cost and Manpower
. Man-Weep Costs
Staff
Consultant
`Total
3 _
9
Source of Funds
I.acal X2,334
Federal CZM 4,666
Total X7,000
~~a3/ -
$ 4,000
$ •3 000
~ T,000
WURK PROGRAM '''.
Chula Vista Bayfront Re..,:velopment Project '
-Page 4
PROGRAM SUBCATEGORY 300: Implementation of Planning Options and
Certification Process
Objective
To take appropriate action to carry out selected options. and to identify
the step--by-•step process necessary to certify the Bayfront Plan.
Major Work Elements
1. Detail and refine chosen options.
2. Determine ordinance revisions necessary to implement acceptable
Bayfront Plan.
3. Develop step-by-step process necessary to bring plans and
ordinances to level of Coastal Commission certification..
4. Draft any appropriate resolutions or ordinances necessary to
implement ehosen options.
Products and Results _
1. Proper discussing and refining chosen plan options.
2. -A report on ordinances to be revised and a discussion of methods
avafla~Ie -~ta bring-about these revisions.
3. Preparation of any necessary modified resolutions anc)/or ordinances.
Estimated Cost and Manpower
Man-Weeks Costa
Staff 6 ~ ~a,100
Consultant 1/2 - SQO
Total 6 1/2 ~ ~a,6Q(t
Source of-Funds
Local ~ 1,533
Federal CZM 3 067
- Total $ 4,500
/L ~4 ~~ lmf
~-13--75
ANNUAL ~~JRiC PROGRAM SUf~1~IlRY AP~1D PAYMESJT SCHEDULE
NAME OF JURISDICTION: Chula Vista CZM 76°2
' PROJECT TITLE: Bayfront Redevelopment/Coastal Plan Certification
DATE: January 1, 1976 - September 30, 1976
.ANNUAL WORK PROGRAM SUMMARY PAYMENT SCHIDULE
PROGRAM SUBCATEGORY (Reference No. and Title) Estimated Allowable
Cost Payment
100 E9ALUATTOIQ OF BAYFRONT PLAN AND COASTAL PLAN $ I,900 $ 1,267
200 DEVELOP ALTERNATIVES 7,000 4,666
. t
300 IMPLEMENTATION OF PLANNING OPTIONS AND
CERTIFICATION PROCESS s ~- x,600 ~ 3,067 '::
~
Y t
i
TOTAL EST IPIATED Ci~ST $ 13 , 500
~/Q 3 ~ TOTAL ALLOWABLE PAl"MENT (E~uals CranC Award) $ 9 000
Qo
W
. ,atii I~ SAL 4~I~Q< PP~GP~~`1 SG~E~I!l
A,`IE OF PROJECT
Bayfront Redevelopment/Coastal Plan
Chula Vista
LE
I FISCAL
- 4/30/76
yE~ 1/1/76
:
T
T
°LIC~~.NT: _
ROG2~L`1 SUBCATEGORY JAN ~g MAR I APR MAY JUN JUL AUG ~ SEP I
(Reference No. and Title) -- ----- -- --
100 EVALUATION OF BAYFItONT PL '
W
A,\D COASTAL PLAN
1. Review Coastal Plan
2, Identify local plans
affected
3. Review special ~uris=
dictions plans & pol. ~ ~~
200 DEVELOP ALTER'vA':'.VES i
1. Selection. of alterna- i
tives
2. Analyze impacts
3. Present to policymaker
,~
4. Selection of preferred
alternatives .,.,_ ~ ..
300 IMPLEriENTATION OF PLANNING
l
1. Detail and refine ~ ~ ~.
chosen planning option , '
2. De~.era~ine ordinances ! e
to be reviewed ~
~ ? ~ ~ _._
3, Develop step-~y-step ~ ~
process
4. Draft any appropriate
resolutions or ordir.-
antes -, _ ~., ..
:. ..
. _ ~ • ~ .. ;
a 1 ~.
I