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HomeMy WebLinkAbout2014-05-06 Agenda Packet I declare under penaity of perjury that I am empioyed by the City of Chula Vista in the Office of the City Clerk and that I posted this - �,� document on the builetin board according to �°'-`%-f" ' Brown Act requirements. —s---_.. Y�,`'' ut—��S// - - a:. ` ��;� � (� Signed ' � l::.H � - �- cm oF - - CHUTA VLSTA =;�r_ ;._: . .�t o e .,i n _ � (���L���,G[/ � Cheryl Cox, Mayor Patricia Aguilar, Councilmember James D. Sandoval, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey Rudy Ramirez, Councilmember ponna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, May 6, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETINGS OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL: Council Members Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0257 PRESENTATION BY FINANCE DIRECTOR MARIA KACHADOORIAN, OF EMPLOYEE OF THE MONTH TESSA NGUYEN, PRINCIPAL MANAGEMENTANALYST B. 14-0250 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT AGENT MATT HARDESTY PROCLAIMING MAY 15, 2014 AS PEACE OFFICERS MEMORIAL DAY IN THE CITY OF CHULA VISTA Ciry oI Chula visfa Paga f Pnnted on 5H/I014 City Council Agenda May 6, 2014 C. 14-0277 PRESENTATION OF A PROCLAMATION TO ELKS LODGE 2011 PROCLAIMING MAY 1 THROUGH MAY 7, 2014 AS YOUTH WEEK IN CHULA VISTA D. 14-0232 PRESENTATION OF A PROCLAMATION TO NORMAN PARK SENIOR CENTER MEMBERS CLARA SCHOLLIAN, NENA RODRIGUEZ AND JOANNE SCOTT PROCLAIMING MAY 2014 AS OLDER AMERICANS MONTH IN THE CITY OF CHULA VISTA E. 14-0138 PRESENTATION OF A CLIMATE LEADERSHIP AWARD BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO CHULA VISTA'S MULTI-DEPARTMENTAL CLIMATE ACTION PROGRAM TEAM F. 14-0213 PRESENTATION OF A PROCLAMATION TO SAN DIEGO I-COMMUTE MARKETING ANALYST JOSHUA ELIANO AND CITY OF CHULA VISTA STAFF MEMBERS PROCLAIMING MAY AS NATIONAL BIKE MONTH IN THE CITY OF CHULA VISTA G. 14-0200 PRESENTATION BY SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL (SCEDC) CEO CINDY GOMPPER-GRAVES OF THE RESULTS OF THE SCEDC'S 2014 BUSINESS OUTREACH INITIATIVE H. 14-0215 PRESENTATION REGARDING THE 2014 SAN DIEGO COUNTY FAIR BY DEL MAR FAIRGROUND MARKETING DEPARTMENT'S REPRESENTATIVE MONICA EMANUELE CONSENT CALENDAR (Items 1 - 6) The Council/Agency will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Council/Agency Member, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 14-0242 APPROVAL OF MINUTES of February 18 and 25, 2014. Staff Recommendation: Council approve the minutes. City of Chula Vista Page 2 Printed on 51212014 2014-05-06 Agenda Packet Page 2 City Council Agenda May 6, 2014 2. 14-0244 WRITTEN COMMUNICATIONS Letter of Resignation from Jovita Juarez, Commission on Aging. Staff Recommendation: Council accept the resignation. 3. 14-0202 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PCM-13-22) TO ALLOW A HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS AT 751 MEDICAL CENTER COURT (SECOND READING AND ADOPTION) Department: Development Services Department Staff Recommendation: Council adopt the ordinance. 4. 14-0179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING FISCAL YEAR 2014/2015 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT / CONTRACTOR / DEVELOPER IDENTIFIED IN THE ACTION PLAN; (3) AUTHORIZING THE CITY OF CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF RECREATION FOR THE IMPLEMENTATION OF TWO CDBG FUNDED PROGRAMS; AND, (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HOUSING AND URBAN DEVELOPMENT GRANTS Department: Development Services Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 3 Printed on 51212014 2014-05-06 Agenda Packet Page 3 City Council Agenda May 6, 2014 SUCCESSOR AGENCY ITEM: 5. 14-0260 A. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) APPROVING THE REVISED LONG-RANGE PROPERTY MANAGEMENT PLAN (REVISED LRPMP) REQUIRED UNDER HEALTH AND SAFETY CODE SECTION 34191.5 EXCEPT THAT PORTION OF THE PLAN THAT ADDRESSES PARKING LOT PARCELS; (2) AUTHORIZING THE CITY MANAGER IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE SUCCESSOR AGENCY TO WITHHOLD SUBMISSION OF THE REVISED LRPMP TO THE OVERSIGHT BOARD AND THE STATE DEPARTMENT OF FINANCE SHOULD THE SUCCESSOR AGENCY ELECT TO INITIATE LITIGATION AGAINST THE DEPARTMENT OF FINANCE REGARDING DENIAL OF THE ORIGINAL LRPMP; AND (3) RESERVATION OF RIGHTS B. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) APPROVING THAT PORTION OF THE REVISED LONG-RANGE PROPERTY MANAGEMENT PLAN (REVISED LRPMP) REQUIRED UNDER HEALTH AND SAFETY CODE SECTION 34191.5 THAT ADDRESSES PARKING LOT PARCELS; (2) AUTHORIZING THE CITY MANAGER IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE SUCCESSOR AGENCY TO WITHHOLD SUBMISSION OF THE REVISED LRPMP TO THE OVERSIGHT BOARD AND THE DEPARTMENT OF FINANCE SHOULD THE SUCCESSOR AGENCY ELECT TO INITIATE LITIGATION AGAINST THE STATE DEPARTMENT OF FINANCE REGARDING DENIAL OF THE ORIGINAL LRPMP; AND (3) RESERVATION OF RIGHTS Department: Development Services Department Staff Recommendation: Council adopt the resolutions. City of Chula Vista Page 4 Printed on 51212014 2014-05-06 Agenda Packet Page 4 City Council Agenda May 6, 2014 6. 14-0240 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO ADD CHARTER REVIEW COMMISSION AND DISTRICTING COMMISSION MEMBERS TO THE LIST OF OFFICIALS WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS Department: City Attorney & City Clerk Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the body's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. 14-0227 CONSIDERATION OF CHULA VISTA'S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Department: Public Works Department Staff Recommendation: Council conduct the public hearing and adopt the resolution. City of Chula Vista Page 5 Printed on 51212014 2014-05-06 Agenda Packet Page 5 City Council Agenda May 6, 2014 8. 14-0207 CONSIDERATION OF AMENDMENT TO CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE, INCLUDING SETTING THE FEE AT $40 FOR FISCAL YEAR 2014/2015 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE, ESTABLISHING A FEE TO RECOVER STAFF COSTS RELATED TO PROCESSING APPLICATIONS FOR PARK CLOSURE OR DISCONTINUANCE UNDER CHAPTER 9.40 OF THE CHULA VISTA MUNICIPAL CODE Department: Finance & Development Services Departments Staff Recommendation: Council conduct the public hearing and adopt the resolutions. CITY MANAGER'S REPORTS Time Certain 5:00 p.m. MAYOR'S REPORTS 9. 14-0265 CITY COUNCIL REQUEST FOR INPUT FROM THE COMMUNITY AT LARGE (INCLUDING CITY EMPLOYEES) REGARDING THE ATTRIBUTES AND SKILLS THEY ARE LOOKING FOR IN THE CITY'S NEXT CITY MANAGER COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 10. 14-0263 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b) Title: City Manager City of Chula Vista Page 6 Printed on 51212014 2014-05-06 Agenda Packet Page 6 City Council Agenda May 6, 2014 11. 14-0243 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Kelley Bacon, Maria Kachadoorian, Simon Silva, Dave Hanneman, Jim Garcia and Gary Ficacci Employee organization: CVEA, IAFF, POA, Mid-Managers/Prof and WCE 12. 14-0264 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Barbara Gonzalez-Nieves v. Manuel Alejandro Frutos, et al., San Diego Superior Court, Case Number 37-2012-78606-CU-WM-SC SUCCESSOR AGENCY ITEM: 13. 14-0267 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One (1) case vs. California Department of Finance regarding denial of Successor Agency's Health and Safety Code section 34191.5 Long Range Property Plan. ADJOURNMENT to the Regular City Council Meeting on May 13, 2014, at 2:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. City of Chula Vista Page 7 Printed on 51212014 2014-05-06 Agenda Packet Page 7 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0257, Item#: A. PRESENTATION BY FINANCE DIRECTOR MARIA KACHADOORIAN, OF EMPLOYEE OF THE MONTH TESSA NGUYEN, PRINCIPAL MANAGEMENT ANALYST City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet Page 8 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0250, Item#: B. PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT AGENT MATT HARDESTY PROCLAIMING MAY 15, 2014 AS PEACE OFFICERS MEMORIAL DAY IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 5/1/2014 powered by Legis 2014-05-06 Agenda Packet Page 9 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0277, Item#: C. PRESENTATION OF A PROCLAMATION TO ELKS LODGE 2011 PROCLAIMING MAY 1 THROUGH MAY 7, 2014 AS YOUTH WEEK IN CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 10 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0232, Item#: D. PRESENTATION OF A PROCLAMATION TO NORMAN PARK SENIOR CENTER MEMBERS CLARA SCHOLLIAN, NENA RODRIGUEZ AND JOANNE SCOTT PROCLAIMING MAY 2014 AS OLDER AMERICANS MONTH IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 11 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0138, Item#: E. PRESENTATION OF A CLIMATE LEADERSHIP AWARD BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO CHULA VISTA'S MULTI-DEPARTMENTAL CLIMATE ACTION PROGRAM TEAM City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet Page 12 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0213, Item#: F. PRESENTATION OF A PROCLAMATION TO SAN DIEGO I-COMMUTE MARKETING ANALYST JOSHUA ELIANO AND CITY OF CHULA VISTA STAFF MEMBERS PROCLAIMING MAY AS NATIONAL BIKE MONTH IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 13 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0200, Item#: G. PRESENTATION BY SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL (SCEDC) CEO CINDY GOMPPER-GRAVES OF THE RESULTS OF THE SCEDC'S 2014 BUSINESS OUTREACH INITIATIVE City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet Page 14 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0215, Item#: H. PRESENTATION REGARDING THE 2014 SAN DIEGO COUNTY FAIR BY DEL MAR FAIRGROUND MARKETING DEPARTMENT'S REPRESENTATIVE MONICA EMANUELE City of Chula Vista Page 1 of 1 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 15 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0242, Item#: 1. APPROVAL OF MINUTES of February 18 and 25, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 16 City of Chula Vista Meeting Minutes - Draft Tuesday, February 18,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETINGS OF THE CITY COUNCIL AND PUBLIC FINANCING AUTHORITY CALL TO ORDER Regular Meetings of the City Council and the Public Financing Authority of the City of Chula Vista were called to order at 2:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Deputy Mayor Aguilar arrived at 2:10 p.m. and Councilmember Bensoussan arrived at 2:17 p.m. Also Present: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Director of Library Waznis led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0023 PRESENTATION BY LIBRARY DIRECTOR BETTY WAZNIS OF LEAN PROCESSES TO RE-THINK SPACE USE AT THE CHULA VISTA CIVIC CENTER PUBLIC LIBRARY Director of Library Waznis, Library Digital Services Manager Sawina, and Senior Librarians Taylor and Whatley presented information on efficiency(Lean) efforts at the Chula Vista Public Library. B. 14-0074 PRESENTATION BY ASSOCIATE PLANNER LYNNETTE TESSITORE-LOPEZ, DEVELOPMENT SERVICES DEPARTMENT, ADVANCE PLANNING DIVISION, OF THE GREENBELT CENTENNIAL TRAIL MARKER PROGRAM AND CENTENNIAL TRAIL MAP Associate Planner Tessitore-Lopez gave a presentation regarding the Greenbelt Centennial Trail Marker Program. City of Chula Vista Page 1 2014-05-06 Agenda Packet Page 17 City Council Meeting Minutes -Draft February 18,2014 CONSENT CALENDAR (Items 1-14) 1. 14-0092 APPROVAL OF MINUTES of December 17, 2013. Recommended Action: Council approve the minutes. 2. 14-0093 WRITTEN COMMUNICATIONS Memorandum from Deputy Mayor Aguilar requesting an excused absence from the January 28, 2014 City Council meeting. Recommended Action: Council excuse the absence. 3. 14-0061 ORDINANCE NO. 3304 OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN THE IMPROVEMENT AREAS OF COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 4. 13-0183 RESOLUTION NO. 2014-025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REVISIONS TO COUNCIL POLICY NO. 478-01 THAT REFERS TO THE PARTICIPATION BY PRIVATE DEVELOPERS IN THE FINANCING AND/OR INSTALLATION OF TRAFFIC SIGNALS AND APPROPRIATING $16,358 TO THE FISCAL YEAR 2013-2014 TRAFFIC SIGNAL FUND (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 5. 14-0027 RESOLUTION NO. 2014-026 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) FOR THE F STREET PROMENADE STREETSCAPE MASTER PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF CONSERVATION Recommended Action: Council adopt the resolution. City of Chula Vista Page 2 2014-05-06 Agenda Packet Page 18 City Council Meeting Minutes -Draft February 18,2014 6. 14-0035 RESOLUTION NO. 2014-027 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "TRAFFIC SIGNAL MODIFICATIONS, THIRD AVENUE/J STREET AND THIRD AVENUE/NAPLES STREET IN THE CITY OF CHULA VISTA, CA (TF382) FEDERAL NO. HSIPL 5203(038)" PROJECT TO T&M ELECTRIC, INC. DBA PERRY ELECTRIC IN THE AMOUNT OF $264,035 Recommended Action: Council adopt the resolution. 7. 14-0050 RESOLUTION NO. 2014-028 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF REGIONAL GRANT APPLICATIONS FOR CALRECYCLE GRANTS FOR WHICH CHULA VISTA IS THE LEAD AGENCY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND IMPLEMENT PROJECTS FUNDED BY CALRECYCLE REGIONAL GRANTS, FOR A PERIOD OF FIVE YEARS, ON BEHALF OF THE PARTICIPATING AGENCIES Recommended Action: Council adopt the resolution. 8. 14-0057 RESOLUTION NO. 2014-029 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MASTER LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS FOUR ADDITIONAL 5-YEAR TERMS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Recommended Action: Council adopt the resolution. 9. 14-0040 RESOLUTION NO. 2014-030 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $120,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR OPERATION STONEGARDEN (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 3 2014-05-06 Agenda Packet Page 19 City Council Meeting Minutes -Draft February 18,2014 10. 14-0055 RESOLUTION NO. 2014-031 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $50,000 FROM THE U.S. DEPARTMENT OF JUSTICE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 11. 14-0058 RESOLUTION NO. 2014-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $75,507 FROM THE COUNTY OF SAN DIEGO AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2013/2014 POLICE GRANT FUND FOR REGIONAL REALIGNMENT RESPONSE PROGRAMS (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 12. 14-0051 RESOLUTION NO. 2014-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) AUTHORIZING THE TRANSFER OF $8,017,453 IN WIRELESS TELEPHONE USERS TAX (T.U.T.) REVENUES FROM THE GENERAL FUND TO THE T.U.T. COMMON FUND AND APPROPRIATING FUNDS THEREFORE (B) APPROPRIATING $3,789,234 IN THE T.U.T. COMMON FUND FOR EXPENSES RELATED TO THE SETTLEMENT AGREEMENT IN THE MATTER OF CARLA VILLA, ET. AL., V. CITY OF CHULA VISTA (4/5THS VOTE REQUIRED) Recommended Action: Council adopt the resolution. 13. 14-0056 INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2013 Recommended Action: Council accept the report. 14. 14-0089 RESOLUTION NO. 2014-034 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $38,750 TO FUND THE LAW OFFICE MANAGER POSITION IN THE CITY ATTORNEY'S OFFICE FOR THE REMAINDER OF FISCAL YEAR 2013/2014 TO BE OFFSET BY REVENUES FROM REIMBURSEMENTS FOR LEGAL SERVICES PROVIDED TO THE SUCCESSOR AGENCY RESULTING IN NO NET FISCAL IMPACT (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 4 2014-05-06 Agenda Packet Page 20 City Council Meeting Minutes -Draft February 18,2014 Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS John Hess, representing International Association of Fire Fighters, expressed lack of confidence in the Fire department leadership. He requested professional mediation services and the presence of the fire chief. Mayor Cox stated the item would be referred to City Manager Sandoval and requested that he provide an update to the Council. PUBLIC HEARINGS 15. 14-0052 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION NO. 2014-035 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. In response to Councilmembers' questions, Treasury Manager Allen provided additional information regarding the accrual of fees on certain account types. Director of Finance Kachadoorian stated that staff time for managing the billing of trash and sewer is paid for via reimbursement or fees and that the funds are not paid by the City's general fund. City of Chula Vista Page 5 2014-05-06 Agenda Packet Page 21 City Council Meeting Minutes -Draft February 18,2014 ACTION: A motion was made by Councilmember Bensoussan, seconded by Deputy Mayor Aguilar, that this item be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 16. 14-0054 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION NO. 2014-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Councilmember Ramirez, seconded by Deputy Mayor Aguilar, that this item be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION ITEMS 17. 13-0225 CONSIDERATION OF APPROVAL OF THE REFUNDING OF THE 2002 CERTIFICATES OF PARTICIPATION TO GENERATE DEBT SERVICE SAVINGS TO BE SHARED BETWEEN THE GENERAL FUND AND THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND A. RESOLUTION NO. 2014-037 OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS, AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION WITH THE SALE AND DELIVERY OF THE 2014 REFUNDING CERTIFICATES OF PARTICIPATION (POLICE FACILITY PROJECT), IN A PRINCIPAL AMOUNT NOT TO EXCEED $49,000,000 AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH. City of Chula Vista Page 6 2014-05-06 Agenda Packet Page 22 City Council Meeting Minutes -Draft February 18,2014 B. RESOLUTION NO. 2014-001 OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION WITH THE SALE AND DELIVERY OF THE CITY OF CHULA VISTA 2014 REFUNDING CERTIFICATES OF PARTICIPATION (POLICE FACILITY PROJECT), IN A PRINCIPAL AMOUNT NOT TO EXCEED $49,000,000 AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH. Director of Finance Kachadoorian provided additional information and background on the item. Raul Amezcua, Consultant, representing De La Rosa and Company provided information regarding the status of the current financial market, as well as anticipated savings the City would realize through approval of the item. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, that this item be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Sandoval reported he and the Port of San Diego would be making a presentation on the Chula Vista Bayfront to potential investors in Dallas, Texas. MAYOR'S REPORTS Mayor Cox announced a fundraiser supporting the Mosaic Community Garden of Chula Vista on February 18, 2014. 18. 14-0097 RATIFICATION OF APPOINTMENT OF MAX ZAKER TO THE HOUSING ADVISORY COMMISSION ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to ratify the appointment of Max Zaker to the Housing Advisory Commission. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 COUNCILMEMBERS' COMMENTS Councilmember Ramirez announced that Team California would be holding a reception on February 18, 2014. Councilmember Bensoussan announced the Harbor Fest 2014 and encouraged individuals interested in volunteering for the event to contact her office. She also announced opportunities to assist in fundraising for a dog park in Chula Vista. City of Chula Vista Page 7 2014-05-06 Agenda Packet Page 23 City Council Meeting Minutes -Draft February 18,2014 Councilmember Salas thanked Councilmembers Ramirez and Bensoussan for their initiative in supporting community events. She also spoke in support of requesting City Manager Sandoval to provide an update on labor negotiations at an upcoming meeting in closed session. Mayor Cox confirmed that her referral to the City Manager was to update the Council in closed session. 19. 14-0086 COUNCILMEMBER RAMIREZ Consideration of City support of the International Friendship Games to be held at Mater Dei High School, June 7, 2014. ACTION: A motion was made by Councilmember Ramirez, seconded by Mayor Cox, to support an endorsement of the International Friendship Games to be held at Mater Del High School on June 7, 2014. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 Mayor Cox announced that the Council would convene in closed session to discuss the items listed below. Mayor Cox recessed the meeting at 3:14 p.m. The Council reconvened in Closed Session at 3:20 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 20. 14-0068 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case. There is an ongoing disagreement that between the "Participating Agencies" (including the City of Chula Vista), on the one hand, and the City of San Diego and Padre Dam Municipal Water District, on the other hand, over responsibility for reimbursing Padre Dam for its overpayment of wastewater fees dating back to 1998 under the terms of the Master Wastewater Disposal Agreement between the parties. There was no reportable action. ADJOURNMENT At 4:10 p.m., Mayor Cox adjourned the meeting to the Special City Council Meeting on February 25, 2014, at 6:00 p.m., for the purpose of the State of the City Address, in the Council Chambers. City of Chula Vista Page 8 2014-05-06 Agenda Packet Page 24 City Council Meeting Minutes -Draft February 18,2014 Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 9 2014-05-06 Agenda Packet Page 25 City of Chula Vista Meeting Minutes - Draft Tuesday, February 25,2014 6:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 STATE OF THE CITY ADDRESS CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox WELCOMING REMARKS City Attorney Googins welcomed the audience to the 2014 State of the City Address, and introduced special guests and dignitaries present at the meeting. INVOCATION City Attorney Googins introduced Chaplin Mark Weber, who offered the invocation. PLEDGE OF ALLEGIANCE TO THE FLAG City Attorney Googins introduced Police Captain Roxana Kennedy, who led the Pledge of Allegiance. NATIONAL ANTHEM Christine Umali, fifth grade student at McMillin Elementary School, performed the National Anthem. INTRODUCTION City Attorney Googins introduced San Diego County Supervisor Greg Cox, who introduced Mayor Cox. STATE OF THE CITY ADDRESS BY MAYOR CHERYL COX Mayor Cox presented the State of the City Address. ADJOURNMENT At 6:41 p.m., the meeting was adjourned to a reception. City of Chula Vista Page 1 2014-05-06 Agenda Packet Page 26 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0244, Item#: 2. WRITTEN COMMUNICATIONS Letter of Resignation from Jovita Juarez, Commission on Aging. RECOMMENDED ACTION Council accept the resignation. City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet Page 27 Jovita Juarez Chula Vista_ CA 91911 April 1 b; ?014 Dear Commissioners. This letter is to inform you that I must resign as a member of Chula Vista Commission on Aain2 effective immediately. V It has been my pleasure to serve on the Commission for the past couple of years. However, I feel I have no choice but to step doa-n, due to my recent employment ..ith the Institute for Public Strateeies as their Senior Prevention Specialist- Yrn workine in the South Bav region addressing the prevention of underage drinking initiatives v ith the San Diego County Alcohol and Drug Ser.rices. This job takes up most of my day and I am no longer available to attend the meetings. 1 hope to cross paths\%ith you in the future.. especially because one of my areas is workine in the beautiful city of Chula Vista. 1 ..ish you only the best for the future. and regret any inconvenience my resignation my cause. Sincerely Jo•ita Juarez 2014-05-06 Agenda Packet Page 28 2014-05-06 Agenda Packet Page 28 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0202, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PCM-13-22) TO ALLOW A HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS AT 751 MEDICAL CENTER COURT (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 29 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PC M 13-22)TO ALLOW A HEIGHT OF 120 FEET(45 MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT 751 MEDICAL CENTER COURT. WHEREAS, the area of land which is subject to this Resolution is diagrammatically represented in Exhibit A attached to this Resolution, and commonly known as Sharp Chula Vista Hospital campus, and consists of site located at 751 Medical Center Court("Project Site"); and WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on November 26, 2013 by Sharp Chula Vista Medical Center(SCMC) ("Applicant"), ("Owner' and"Developer") requesting approval of a Precise Plan in order to allow for the maximum building height to be increased from 45 feet to 120 feet); and WHEREAS,the applicant has complied with the Applicant has complied with the requirements of Section 19.56.042 of CVMC(Required maps and information)by providing an application submittal package which includes detailed site plans and elevations; and WHEREAS, the Project consists of developing a six story parking structure (seven levels) consisting of 718 parking spaces; and C. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 12,2014, and voted 5-1-1-0 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on March 12,2014, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and D. City Council Record of Application WHEREAS,the City Clerk set the time and place for the hearing on the Project application and notices of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project at least ten (10) days prior to the hearing; and, 2014-05-06 Agenda Packet Page 30 Ordinance No. Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2014, in the Council Chambers in the City Hall, City of Chula Vista Civic Center,276 Fourth Avenue,at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and E. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on April 8, 2014 the City Council of the City of Chula Vista approved Resolution , by which it approved a Design Review Permit for the Project; F. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA)and has determined that the project qualifies for Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Project) of the State CEQA Guidelines; and NOW THEREFORE,the City Council of the City of Chula Vista does hereby find,determine and ordain as follows: Section 1 NOW THEREFORE,BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKES THE FOLLOWING FINDINGS PURSUANT TO CVMC SECTION 19.14.576: A. PRECISE PLAN FINDINGS The City Council finds by clear and convincing evidence that: SUCH PLAN WILL NOT,UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE,BE DETRIMENTAL TO THE HEALTH,SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY; The Precise Plan being requested is limited to allowing a deviation from existing development standards for building height within the existing hospital campus. The hospital campus has been in development for approximately 35 years and contains two existing towers of approximately 68 feet in height.The parking structure being proposed is an important component of the ongoing medical center expansion and will ensure adequate parking for patients and medical staff using the medical center facilities. 2014-05-06 Agenda Packet Page 31 Ordinance No. Page 3 Therefore,its construction,along with additional support facilities,will contribute to the general well-being of the community. The parking structure will be located adjacent to or near existing hospital facilities well within the campus boundaries. The parking structure is located approximately 167 feet from the nearest residential property located to the northeast of the project site.Building design is consistent with City Design Guidelines. The parking structure will not generate any new traffic. The proposed height increase is to allow development consistent with hospital uses. Existing towers on site are approximately 67 feet in height. The Project will contribute to the well-being and general welfare of the Chula Vista residents by allowing the existing hospital facility to operate more efficiently to meet the needs of the Chua Vista and South Bay residents. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION OF THE P MODIFYING DISTRICT AS SET FORTH IN CVM 19.56.041 The Precise Plan (P)Modifying District was attached to the C-O zoning at the time the subject property was rezoned from R-I-H to C-O-P in January, 1990. The site has been developed as a hospital campus since approximately 1970.The hospital site had received prior approval for two hospital towers with a height of approximately 68 feet,prior to the effective date of this rezone. Given the existing hospital use,the P modifier was added to this new zoning designation in anticipation of the need to provide future flexibility in the implementation of the underlying development standards of the C-O zone,especially the ability to provide for structures which exceeded the underlying 45-foot height limit. The Precise Plan will allow for flexibility in building height that will enable the site to be developed consistent with the needs of a state of the art medical facility. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTICT. Exceptions to the underlying zoning requirements are warranted due to the fact that the site contains an existing hospital campus. Such use is unique within the C-O zone in that hospitals usually contain buildings/towers that are over 45 feet in height.The inability for future development to exceed the current height limit of 45-foot would preclude the ability to provide necessary expansions that meet the needs of the surrounding community. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND THE ADOPTED POLICES OF THE CITY. 2014-05-06 Agenda Packet Page 32 Ordinance No. Page 4 Approval of a Precise Plan is consistent with the Public/Quasi-Public designation of the General Plan for the property and the General Plan Objective PFS 19 to provide art and culture programs, childcare facilities and health and human services that enhance the quality of life in the City of Chula Vista. A height exceeding the current height restriction of 45 feet under the C-O(Administrative and Professional Office) zone,has been established by the two existing hospital towers on the campus and will allow the site to be developed consistent with the needs of the state of the art medical facility. B. ADOPTION OF PRECISE PLAN In light of the findings above, the Precise Plan is adopted to increase the existing building height limit of 45 feet be increased to 120 as set forth and diagrammatically represented in Exhibit"A" and described in Exhibit "B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance,is for any reason held to be invalid,unenforceable or unconstitutional,by a court of competent jurisdiction,that portion shall be deemed severable,and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance,or its application to any other person or circumstance.The City Council of the City of Chula Vista hereby declares that it would have adopted each section,sentence,clause or phrase of this Ordinance,irrespective of the fact that any one or more other sections, sentences,clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict,applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 2014-05-06 Agenda Packet Page 33 Ordinance No. Page 5 Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2014-05-06 Agenda Packet Page 34 �► i� �I�� tears I I ■11+s r ��+ - ♦ �♦ ♦ I ♦1 �� ��I �rw�� �r r I►��►Iftlll>,� I 11i11N1� !1111 ��1TI � i*� +►�:•#�� ��`1f111 11� �� ��I ++`` �r/r�lllllll►� a• �Vtttt►tuir_ -1��� i1��■.��A WISH � •. . t���� - ■�r1►r1���1111111, • s o O� • X1111111111■ Alto j1 ���nruluf111�G�t��`���� ♦O��O������•� :111►►►►11►y11►� r� ��Ilgli11N1{111►a♦I �� ����rlri► ��i�� .�` . ► 11r1rr►r 111tilt r �iliNlll�,�s, ��1�j� �`• ►■�■1L111�►iiiiiii sii��`v�����u; WF •\IgIII��� 1 i.� r�u• aft m vigil vigil Ills VS ♦I�����+,�� `Il►H\t � i+�1`� `��� , ��� � ,,r rte` ��►E ��• i i� � . rtll•rrr�rlrr �INM,►►►►►►►► ►11 ��� r r ' . ���WARAIROO jl fir: ��111 t►►itritit►''►►�c= �`��. � ►���II���0�: �rriuiii+►s :� •� t►tit ►►� t► r - ►r�r-WIii �� ?. ►►i►Nitt�� �� ittttiil� ti+iii= all V •�1l: 1i►iu►►►it►►ir � � • • �0�`��o% i*►a<gs Lit'it tittr r,►►► �� .+•`'� ' 11�~' =:: i G���►�1����1r �t�ri t►►{11 t11�111a I� �-�' ,\�•*�* ►►�� � 1� ter. � / I� Rigs � .� �_ � ♦ �►�►� ►ir to . • ��►i �r►If .� �, � �� � . a1rr+��+ �r� ��p 1111111� �, . ,� � � �/ � �I�f►{If ��V� .+ I_ Q ��`! � � :� •lei �+ �y 1� � � ~ � �� �111� i v i �4�a�•�H1��R���aR�� �/i 1►��+ .♦ 11111i11I/j11`♦i�: �a� gill ii -r.r 751 Medical Center Ct. EXHIBIT "A" Precise Plan Boundary Map Ordinance No. Page 7 EXHIBIT B PRECISE PLAN DEVELOPMENT STANDARDS Building Height: 120 feet All other development standards: Subject to the development standards contained in the Chula Vista Municipal Code (CVMC) 2014-05-06 Agenda Packet Page 36 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0179, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING FISCAL YEAR 2014/2015 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT / CONTRACTOR / DEVELOPER IDENTIFIED IN THE ACTION PLAN; (3) AUTHORIZING THE CITY OF CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF RECREATION FOR THE IMPLEMENTATION OF TWO CDBG FUNDED PROGRAMS; AND, (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HOUSING AND URBAN DEVELOPMENT GRANTS RECOMMENDED ACTION Council adopt the resolution. SUMMARY As a U.S. Department of Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) and the HOME Investment Partnerships Act Program (HOME). The HUD grant funds are distributed to provide housing, economic opportunities and a suitable living environment for low and moderate income persons. On March 11 , 2014, the City Council held a Public Hearing on draft recommendations for the 2014/15 CDBG, HOME and ESG funds to be included in its Action Plan as application to HUD. Staff is requesting approval of the final 2014/15 Action Plan. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activities for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The proposed activities, with the exception of one, are not considered "Projects" as defined under Section 15378(b)(5) of the State CEQA Guidelines because the proposals consist of a reporting action, is not for a site specific project(s) and will not result in a direct or indirect physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, these activities are not subject to CEQA. Under NEPA, the activities qualify for a Certification of Exemption pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary at this time. The remaining project is a tenant improvement of the interior of an existing building located at 192- 196 Landis Avenue and therefore, is categorically excluded under NEPA pursuant to 24 CFR 58.35 (a)(3)(ii) of the NEPA regulations. This project is also exempt from CEQA pursuant to CEQA City of Chula Vista Page 1 of 6 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 37 File#: 14-0179, Item#: 4. guidelines Section 15301 (existing facilities). The activity will not affect density or land use and will have no significant effect on the environment. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION As an entitlement community with the Department of Housing and Urban Development, the City receives funds under three block grant programs: • Community Development Block Grant (CDBG) • Home Investment Partnerships (HOME) • Emergency Solutions Grant (ESG) The annual entitlement amounts allocated to each jurisdiction are determined using a formula based on statistical and demographic data. These HUD grant funds are to provide housing, a suitable living environment, and to expand economic opportunities, principally for low- and moderate-income persons. As a recipient of these funds and in meeting HUD's program goals, the City is required to develop a five-year plan outlining its housing and community development needs and objectives, known as the Consolidated Plan. On an annual basis, the City submits an Action Plan indicating how the City plans to use the grant funds for that program year to address the priority needs identified in the Five- Year Consolidated Plan. The Action Plan serves as the City's formal funding application to HUD for the grant funds. 2014/15 ACTION PLAN Table I below indicates the grant fund amounts which will be received and utilized in Fiscal Year (FY) 2014/15. These funds include the annual entitlement amount, available balances from previous year's unprogrammed funds, and program income. Table I- Funding Amount ENTITLEMENT GRANT PROGRAM AMOUNT Community Development Block Grant (CDBG) CDBG funds $2,123,714 include an estimated CDBG entitlement grant of$1,719,498 and$404,216 in program income and unprogrammed funds. HOME Investment Partnership (HOME) $ 631 ,125 Emergency Solutions Grant (ESG) $ 141 ,899 Total $2,896,738 In developing its Annual Plan, the City released a Notice of Funding Availability (NOFA) for the available HUD grant funds in December 2013, with the NOFA published in the local Star News and notifications sent out to various networking groups with participants from social service organizations and affordable housing developers. Once applications were received and funding recommendations City of Chula Vista Page 2 of 6 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 38 File#: 14-0179, Item#: 4. developed, the City held a public meeting on March 5, 2014 and a public hearing before the City Council on March 11 , 2014. The Action Plan was then made available for a 30-day review and comment period from March 14, 2014 to April 14, 2014. No comments were received during the review period. Based on the public comments and input received at the March 11, 2014 Public Hearing, staff prepared the final FY 2014/15 Action Plan to be submitted to HUD. The Action Plan includes Public Services (Table II), Capital Improvement and Community Development (Table III), CDBG Planning and Administration (Table IV), ESG Projects (Table V), and HOME Projects (Table VI). Table II- Public Services Projects PROGRAM/PROJECT FUNDING AMOUNT Meals on Wheels of Greater San Diego - Meals on Wheels Chula Vista $ 12,000 Interfaith Shelter Network of San Diego - Rotational Shelter Network $ 11 ,000 Lutheran Social Services - Project Hand $ 12,200 SBCS - South Bay Food Program $ 10,000 San Diego Food Bank - Food 4 Kids Backpack Program $ 15,000 SBCS - Services for High Risk and Homeless Youth $ 39,550 SBCS - Family Violence Treatment Program $ 39,000 CV Collaborative- Family Resource Center $ 39,312 City of Chula Vista Recreation - Therapeutic Recreation Program $ 20,100 C.E.O. - Employment Reentry for At-Risk Young Adults $ 14,000 Family Health Centers of San Diego - KidCare Mobile Medical Unit $ 13,600 Recreation - Norman Park Center Senior and Disabled Svcs $ 30,000 Fair Housing Services $ 32,000 TOTAL $287,762 Table III- Capital Improvement and Community Development Projects PROGRAM/PROJECT FUNDING AMOUNT City of Chula Vista - Section 108 Payment $ 756,715 Development Services - Housing Services $ 50,000 Urban Corp of San Diego - Green Streets $ 150,000 SBCS - Landis Studios $ 450,000 Production of Affordable Housing Projects/Programs $ 112,372 TOTAL $1,519,087 Table IV - CDBG PLANNING AND ADMINISTRATION PROJECTS City of Chula Vista Page 3 of 6 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 39 File#: 14-0179, Item#: 4. PROGRAM/PROJECT FUNDING AMOUNT CDBG Administration and Planning $ 316,865 TOTAL $ 316,865 Table V- ESG PROJECTS PROGRAM/PROJECT FUNDING AMOUNT ESG Administration and Planning $ 10,642 SBCS Casa Nueva Vida $ 68,277 SBCS Homeless Prevention and Rapid ReHousing $ 62,980 TOTAL $ 141,899 Table VI- HOME INVESTMENT PARTNERSHIPS ACT PROJECTS PROGRAM/PROJECT FUNDING AMOUNT HOME Administration and Planning $ 63,112 Tenant Based Rental Assistance $250,000 Production of Affordable Housing $ 318,013 TOTAL $ 631,125 At this time, staff is requesting Council's review of the proposed activities to be included within the final 2014/15 Action Plan to be submitted to HUD by May 14, 2014. IMPLEMENTATION OF THE 2014/15 ACTION PLAN Upon HUD's approval of the Action Plan, the City will enter into an agreement with HUD for each of the grant programs (sample HUD grant agreements are included as Attachment 5). In compliance with HUD regulations, a written contract and/or Memorandum of Understanding (MOU) will then be executed between the City and each department, non-profit, entity, and/or client that is a direct recipient of HUD grant funds, including those entities operating a project/program and beneficiaries of rental assistance funded through the CDBG, ESG and HOME. The sample Subrecipient Agreement, Development Agreement, and MOA for the CDBG and ESG programs are included as Attachments 2 through 5. DECISION-MAKER CONFLICT All proposed activities, with the exception of one (1), are generally not site specific and does not trigger the 500-foot rule found in California Code of Regulations section 18704.2(a)(1). One proposed activity is for the interior tenant improvements of an existing building located at 192-796 Landis Avenue. As such, Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of 192-196 Landis Avenue considered in this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. City of Chula Vista Page 4 of 6 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 40 File#: 14-0179, Item#: 4. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The activities funded through the federal grant programs are directed towards the revitalization of neighborhoods, economic development opportunities, and improved facilities and services. The nature of these activities is consistent with the Goals, Strategies and Initiatives in Goal 5: Connected Community. Strategy 5.1: Encourage Residents to Engage in Civic Activities Initiative 5.1.2 Fosters an Environment of Community Involvement The City has developed a detailed Citizen Participation Plan (CPP) which requires the participation of the community. The CPP requires the City to provide citizens with reasonable and timely access to meetings, information, and records related to the grantee's proposed and actual use of funds. A minimum of two public hearings are held annually to obtain citizen participation at all stages of the Five-Year Consolidated Plan and Action Plan. This includes the identification of priorities, review of proposed activities, and review of program performance. Strategy 5.2: Provide Opportunities that Enrich the Community's Quality of Life Initiative 5.2.1 Provide Services and Programs Responsive to Residents Priorities Consistent with the funding priorities established in the 2010-2015 Consolidated Plan, the CDBG, HOME and ESG activities selected are aimed at providing affordable housing opportunities and a suitable living environment with adequate public facilities, infrastructure and services. Services that support the elderly, disabled, homeless, and youth all contribute to community's quality of life. CURRENT YEAR FISCAL IMPACT At this time, Council is approving the funding recommendations for CDBG, HOME, and ESG funds. This action does not include appropriations. Appropriations for the proposed CDBG, HOME and ESG programs will be included as part of the City Manager's FY 2014/15 proposed budget. There is no fiscal impact to the General Fund as a result of this action. In the remote event that HUD should withdraw the City's CDBG, ESG, and HOME funding, the agreements provide that the City is not obligated to compensate the sub-recipients for program expenditures. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as all costs associated with the administration of the CDBG, HOME and ESG programs are covered by the respective grants. City of Chula Vista Page 5 of 6 Printed on 5/1/2014 2014-05-06 Agenda Packet Page 41 File#: 14-0179, Item#: 4. ATTACHMENTS 1 . 2014/15 Annual Action Plan 2. Sample CDBG Agreement (which includes the following attachments): ■ Attachment A- Scope of Work ■ Attachment B- HUD Income Limits 2013 ■ Attachment C- Disclosure Form 3. Interdepartmental CDBG Memorandum of Understanding 4. Sample Emergency Solutions Grant Contract (which will include Attachments A through C listed above) 5. Draft Development Agreement with South Bay Community Services 6. Sample HUD Fundinq Agreement City of Chula Vista Page 6 of 6 Printed on 5/1/2014 powered by Leg 2014-05-06 Agenda Packet Page 42 COUNCIL RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING FISCAL YEAR 2014/2015 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT/CONTRACTOR/DEVELOPER IDENTIFIED IN THE ACTION PLAN; (3)AUTHORIZING THE CITY OF CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF RECREATION FOR THE IMPLEMENTATION TWO CDBG FUNDED PROGRAMS; AND, (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANTS WHEREAS, as a Department of Housing and Urban Development (HUD) entitlement community, the City of Chula Vista receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnerships Program (HOME); and WHEREAS, staff has prepared the Fiscal Year 2014/2015 Annual Action Plan ("FY 2014/2015 Action Plan") using the goals set forth in the 2010/2015 Consolidated Plan ("Consolidated Plan") and the per HUD Rules and Regulations; and WHEREAS, the City will receive a Fiscal Year 2014/2015 CDBG entitlement of $1,719,498; HOME entitlement of$631,125; and ESG entitlement of$141,899; and WHEREAS, the City will allocate $404,216 of un-programmed CDBG funds which brings the total CDBG funding to $2,123,714; and WHEREAS, the City followed its Citizen Participation Plan and held public hearings on housing and community needs on November 5, 2013, and March 11, 2014, at which time public testimony was received and considered by the City Council with respect to the FY 2014/2015 Action Plan; and WHEREAS, staff has determined that the proposed activities eligible for CDBG funding meet the CDBG national objectives to benefit primarily low/income households or aid in the elimination of slums and blight; and 2014-05-06 Agenda Packet Page 43 Resolution No. Page 2 WHEREAS, staff has determined that the sub/recipients/contractors identified in the FY 2014/2015 Action Plan and Attachment A (attached hereto) are experienced and staffed in a manner such that they can prepare and deliver the services required by the City; and WHEREAS, in the event that HUD withdraws the City's CDBG funding, the City is not obligated to compensate the sub-recipients/contractors/developers for program expenditures. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: I. That it approves the Fiscal Year 2014/2015 Annual Action Plan ("FY 2014/2015 Action Plan") for the Community Development Block Grant (CDBG), Home Investment Partnership Act(HOME), and the Emergency Solutions Grant(ESG) Programs. 2. That it authorizes the City Manager or his designee to execute agreements for management and implementation of the FY 2014/2015 Action Plan between the City of Chula Vista and each sub-recipient/contractor/developer, identified in the FY 2014/2015 Action Plan, in substantially the form presented, and it further authorizes the City Manager or his designee to make such minor modifications as may be approved or required by the City Attorney. 3. That it authorizes the City of Chula Vista Development Services Department Director to enter into a Memorandum of Understanding with the Director of Recreation for implementation of the Norman Park Senior Center Program and Therapeutics Program, in substantially the form presented, and it further authorizes the City Manager or his designee to make such minor modifications as may be approved or required by the City Attorney. 4. That it authorizes the City Manager to execute the HUD Funding Approval Agreements and any other related documents necessary to obtain the HUD grants. Presented by: Approved as to form by: Kelly G. Broughton, FASLA Glen R. Googins Development Services Director City Attorney 2014-05-06 Agenda Packet Page 44 ATTACHMENT A Non/Profit Organizations Contract Organization/Department Project/Program i Amount Number 965 Meals-on-Wheels Greater San Diego Meals on Wheels Chula Vista $12,000 966 Interfaith Shelter Network of San Rotational Shelter Network $11,000 Diego 967 Lutheran Social Services Project Hand $12,200 968 South Bay Community Services South Bay Food Program $10,000 969 Jacobs&Cushman San Diego Food Food 4 Kids Backpack $15000 Bank Program ' 970 South Bay Community Services Family Violence Treatment $39,000 Program 971 South Bay Community Services Services for High Risk and $39,550 Homeless Youth Chula Vista Elementary School Family Resource Center 972 District for Chula Vista Community Emergency and Basic $39,312 Collaborative Services 974 Center for Employment Opportunities Employment Reentry for At- $14,000 Risk Young Adults 975 Family Health Centers of San Diego dCare Mobile Medical Unit $13,600 977 CSA Fair Housing Services $32,000 980 Urban Corp of San Diego Green Streets $76,138 981 South Bay Community Services Landis Studios $450,000 986 South Bay Community Services Homeless Prevention and $62,980 Rapid Rehousing 987 South Bay Community Services Casa Nueva Vida $68,277 City Departments: Contract (IFAS) Organization/Department Project/Program Contract Amount Number 973 Recreation Department Therapeutic Recreation Programs $20,100 976 Recreation Department Norman Park Center Senior and $30,000 Disabled Services 2014-05-06 Agenda Packet Page 45 2014-2015 Federal Grants Annual Aftion Plan CDBG HOME ESG _ d 1; :4 CITY OF levelopment -.. Housing Prepared by: Angelica Davis, Project Coordinator Jose Dorado, Project Coordinator 2014-05-06 Agenda Packet • I. EXECUTIVE SUMMARY ...............................................................................................................ES-1 Consolidated Annual Performance Evaluation Report ...................................................................ES-1 Lead and Participating Organizations..............................................................................................ES-2 Top Housing and Community Development Needs........................................................................ES-3 ii. PRIORITY NEEDS.......................................................................................................................ES-6 A. Housing Priorities..................................................................................................................ES-6 B. Community Development Priorities .......................................................................................ES-6 III. PRIORITY OBJECTIVES(Five-year consolidated plan and annual action plans)............................ES-8 A. Housing Objectives ...............................................................................................................ES-8 B. Community Development Objectives.....................................................................................ES-9 IV. 2012-13 Annual Action Plan..........................................................................................................1 A. Executive Summary 91.220(b)...................................................................................................1 B. Citizen Participation 91.220(b)..................................................................................................1 C. Resources 91.220(c)(1)) and (c)(2).............................................................................................2 D. Annual Priorities and Objectives 91.220(c)(3).............................................................................6 E. Geographic Distribution/Allocation Priorities 91.220(d)and (f).................................................12 F. Annual Affordable Housing Goals 91.220(g).............................................................................14 G. Public Housing 91.220(h)........................................................................................................14 H. Homeless and Special Needs 91.220(i)....................................................................................15 I. Barriers to Affordable Housing 91.220(j)..................................................................................19 J. Other Actions 91.220(k)...........................................................................................................20 V. PROGRAM SPECIFIC REQUIREMENTS...........................................................................................21 A. CDBG 91.220(I)(1) ..................................................................................................................21 B. HOME 91.220(I)(1) .................................................................................................................21 C. HOPWA 91.220(I)(3)...............................................................................................................27 D. OTHER NARRATIVES AND ATTACHMENTS .................................................................................28 E. MONITORING ..........................................................................................................................28 F. MATCHING AND CHDO REQUIREMENTS....................................................................................29 APPENDICES • APPENDIX A: SF-424 and Consolidated Plan Certifications • APPENDIX B: Table Ills—List of Proposed Projects • APPENDIX C: Public Comments received during the 30-day public comment period • APPENDIX D: Fair Housing Matrix • APPENDIX E: Performance Measurement Matrix • APPENDIX F: Public Notices Table of Contents 2014-05-06 Agenda Packet Page 47 1. EXECUTIVE SUMMARY Beginning in fiscal year 1995, the U.S. Department of Housing and Urban Development (HUD) required local communities and states to prepare a Consolidated Plan in order to receive federal housing and community development funding. A Consolidated Plan is required of any city, county or state that receives federal block grant funding for housing and community development funding, including the Community Development Block Grants (CDBG), Emergency Shelter Grants (ESG), the HOME Investment Partnerships Program and the Housing Opportunities for People with AIDS (HOPWA) program. Consolidated Plans are required to be prepared every three to five years; updates are required annually. The purpose of the Consolidated Plan is: To identify a city's, county's or state's housing and community development (including neighborhood and economic development) needs, priorities, goals and strategies; and To stipulate how funds will be allocated to housing and community development activities. In May of 2010, the City adopted the FY2010-2015 Five-year Consolidated Plan for the City of Chula Vista (City)'s federal entitlement grant programs (CDBG, HOME and ESG). The City does not receive HOPWA funds as these funds are granted only to the largest jurisdiction within a County. In Chula Vista's case, the funds would go to the City of San Diego. However, the City of San Diego contracts with the County of San Diego to administer the HOPWA funds for the entire San Diego Region. Annual Action Plan In addition to the Consolidated Plan, jurisdictions receiving block grant funding must complete an annual Action Plan. The Action Plan designates how the jurisdictions propose to spend the federal block grant funds in a given program year. Chula Vista submits its Action Plan to HUD in May of each year. For 2014/2015, the City will receive approximately $2.896 million in combined federal grant funds. The City will utilize $2,123,714 of CDBG funds ($1,719,498 entitlement and $404,216 of unencumbered funds), $631,125 of HOME funds, and $141,899 of ESG funds. Consolidated Annual Performance Evaluation Report The Consolidated Annual Performance and Evaluation Report (CAPER) is also required annually. The CAPER reports on grant funds expended as proposed in the Action Plan as well as accomplishment data as it relates to the number of persons/households which benefited from the block grants. This provides an accurate reflection on how well the jurisdiction performed in meeting its annual housing and community development goals and objectives. Chula Vista submits its CAPER to HUD in September of each year. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-1 2014-05-06 Agenda Packet Page 48 Fair Housing requirement HUD requires that recipients of its block grant funds take actions to affirmatively further fair housing choice. As such, an Analysis of Impediments to Fair Housing Choice (AI) is completed every three to five years. In general, the Al is a review of impediments to fair housing choice in the public and private sector. San Diego County completed a draft regional Al in conjunction with its incorporated areas, including Chula Vista, in early 2010. The 2010-2015 Al was finalized in May 2010. No public comments were received during the public comment period. The City annually prepares an Action Plan to identify the fair housing impediments as well as specific activities to be undertaken to resolve such impediments. This action plan is attached as Appendix "D". Compliance with Consolidated Plan Regulations Chula Vista's FY 2010-2015 Consolidated Plan was prepared in accordance with Sections 91.100 through 91.230 of the U.S. Department of Housing and Urban Development's Consolidated Plan regulations. Lead and Participating Organizations The City of Chula Vista's Housing Division leads the coordination of the Consolidated Planning process. The division receives the following block grants from HUD annually: CDBG The Community Development Block Grant is both the oldest and largest of the HUD programs for housing and community development. CDBG can be used for a variety of activities including: Construction and rehabilitation of community facilities including those that help special needs populations (e.g., community centers, homeless shelters); Removal of accessibility barriers from public buildings; Loans or grants to business for job training and hiring of lower income workers; Demolition of property; Provision of operating dollars to social service organizations; Public infrastructure improvements (streets, sidewalks); and Direct homeownership assistance. HOME The HOME Investment Partnerships Program was created in 1990. This program provides federal funds for a variety of housing activities including construction of affordable housing; rehabilitation of affordable housing; acquisition of buildings for affordable housing; homebuyer down payment assistance and counseling; and tenant-based rental assistance. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-2 2014-05-06 Agenda Packet Page 49 ESG The Emergency Solutions Grant program funds programs that help persons who are homeless and their families. ESG can be used for shelter rehabilitation; operations and maintenance of a homeless facility; supportive services for persons who are homeless (e.g., job training or child care); and homeless prevention and rapid re-housing activities. Top Housing and Community Development Needs As part of the citizen participation process for the Consolidated Plan and Action Plan City Housing staff conducted public outreach which included meetings with social service agencies and Stakeholders as well as residents. The outreach included Public Meetings (1) and an extensive Resident Survey (11). The feedback obtained through the outreach was used to develop the five-year plan. The priority needs identified through the outreach are as follows: I. Public Meetings II. Resident Survey Permanent housing for families Community facilities: Health care, parks and recreation and fire stations/ equipment Job training Infrastructure. Street/alley improvements, sidewalk improvements Day Centers for the homeless Special needs. Family self-sufficiency program, homeless shelter and services for neglected/ abused children Short-term/Transitional shelters for families Community services. Anti-crime programs, youth services, health services Free/low cost activities for youth during the Neighborhood services. Cleanup of critical (evening) hours abandoned buildings, code enforcement graffiti removal Transportation services for youth (to and Substance abuse treatment from activities) Transportation services for seniors Business and jobs. Jobs creation and retention. Case management to connect families to Housing. Affordable rental housing, services homeownership assistance, lead-paint abatement. In addition, the quantitative research conducted for the Consolidated Plan found the following needs: Annually, renters are paying about $7,400 (using Fair Market Rent History) more in rent costs than in 2000. To manage this increase in costs, their annual income must have increased by City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-3 2014-05-06 Agenda Packet Page 50 $25,000. According to the U.S. Census, the median income of renters in Chula Vista increased by just $5,800 between 2000 and 2008. About 1,300 renters earning less than $15,000 and 2,500 renters earning between $15,000 and $25,000 cannot find affordable rental units and are cost burdened.These Chula Vista residents are at risk of becoming homeless. Households who want to buy in Chula Vista must earn more than $75,000 before a quarter of homes on the market are affordable for them. In 2013, the Fair Market Rent in San Diego County for a two-bedroom apartment is $1,354. In order to afford this level of rent and utilities (without paying more than 30% of income on housing), a household must earn approximately $56,240 annually. Assuming a 40-hour work week, 52 weeks per year, this level of income translates into a housing wage of$27.04 which is the hourly wage needed to afford a two-bedroom apartment at the fair market rent. In 2014, the monthly Supplemental Social Security Income (SSI) payments for an individual are $845. For an individual whose only income source is SSI, a monthly rent of $254 would be considered affordable, however, in San Diego County; the fair market rent for a one-bedroom apartment is $1,032. Cost burden increased substantially during the decade. Owners paying more than 30 percent of their household income in housing costs rose from 34 percent in 2000 to 53 percent in 2008. For renters, cost burden rose from 42 percent in 2000 to 63 percent in 2008. Given the rises in housing prices described above—even with recent price declines—many low-income households in Chula Vista have housing needs, especially those residents who have special needs. The City has been very progressive in its approach to housing needs, which has mitigated the needs that would exist if current housing policies and programs were not in place. Based on these identified needs, the top housing and community development needs for this Consolidated Plan period include: Infrastructure. Street/alley improvements, sidewalk improvements. Business and jobs. Jobs creation and job training. Housing priorities. Affordable rental housing, homeownership assistance, lead-paint abatement. Neighborhood services. Cleanup of abandoned buildings, targeted code enforcement, graffiti removal. Community services. Crime prevention programs, youth services, health services. Special needs. Family self-sufficiency programs, homeless shelters and services for neglected/abused children. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-4 2014-05-06 Agenda Packet Page 51 Community facilities. Neighborhood centers, health care facilities, park and recreation centers and fire station(s)/equipment. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-5 2014-05-06 Agenda Packet Page 52 II. PRIORITY NEEDS Given the findings listed in the section above, the City of Chula Vista has established the following priority needs which guide funding during the five-year Consolidated Planning period. The Priorities and Annual Action Plan goals are described below: A. Housing Priorities The city's top housing priorities during the next 5 years are: 1. Affordable rental housing for low and moderate income households. Targeted groups: Extremely and very low income households and special needs households; Low and moderate income households. Basis for priority: Gaps analysis that showed a shortage of 3,800 rental units for households earning$25,000 and less; Input from stakeholders that identified programs that prevent and mitigate homelessness as highly needed;) Analysis of special needs populations housing and social service needs. 2. Maintenance and preservation of existing housing stock. Targeted groups: All low income owners and owners with special needs. Moderate income households. Basis for priority: 1) Aging housing stock, presence of mobile homes and housing stock with lead-based paint hazards (as many as 7,000 housing units). 3. Homeownership opportunities. Targeted groups: All low and moderate income renters wanting to be owners. Basis for priority: 1) Gaps analysis that showed that households must earn $75,000 before a quarter of for sale housing units are affordable. Also based on analysis in Section III that demonstrates that for sale prices, especially for detached homes, are still largely unaffordable to workforce, even with the downturn in the housing market. B. Community Development Priorities The city's top community development priorities during the next 5 years are: 1. Infrastructure improvements: Improvements in low and moderate income neighborhoods. Targeted activities: Street and sidewalk improvements in low income areas, flood prevention and drainage improvements. 2. Community Enhancement Targeted groups: Facilities serving youth, park, recreational and neighborhood facilities, facilities serving other special needs populations, health and child care facilities, graffiti removal. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-6 2014-05-06 Agenda Packet Page 53 3. Special Needs and Homeless Priorities: Public Services. The city serves special needs and homeless populations by funding public services at the federally mandated 15 percent of CDBG cap. Targeted groups/activities: The priority groups to which public services funds will be directed include: o Highest priority— Populations needing basic/essential services (food, housing, emergency services) o Medium priority—given to special needs populations (at-riskyouth, family violence, disabled persons, elderly persons, graffiti removal). o Transitional and Homeless Housing and Services. 4. Economic Development priorities Targeted activities: The city serves local businesses by funding job creation/job training activities such as job Training opportunities to assist person obtain full-time employment. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-7 2014-05-06 Agenda Packet Page 54 III. PRIORITY OBJECTIVES (FIVE-YEAR CONSOLIDATED PLAN AND ANNUAL ACTION Chula Vista has established the following housing and community priorities and objectives/outcomes to guide the use of funds for 2010-2015 program years. A. Housing Objectives The housing priorities and objectives the City of Chula Vista plans to achieve using HUD block grant funds include: PRIORITY 1: PRODUCTION OF AFFORDABLE RENTAL HOUSING Objective: Provide 150 affordable rental housing units (30 households annually) to low/moderate income households. Resources: Development Services-Housing Division: Production of Affordable Housing: HOME and CDBG entitlement funds will be utilized for affordable housing development, housing site improvements, predevelopment costs and other activities to stimulate housing for lower income persons in the City. Activities for 2012-2013 include: Homeownership Assistance and Acquisition/Rehabilitation for Rental Housing. Balanced Communities-Affordable Housing Policy: The City of Chula Vista's Housing Element of the General Plan states that certain development over 50 units must provide 10 percent of the units for low and moderate income households, with at least one-half of those units (5 percent of project total) being designated for low-income households. Mobilehome Rent Review Ordinance and Commission: The city's Rent Review Ordinance allows park owners to raise space rent by the Consumer Price Index (CPI) once per year if residents are on a month-to-month lease. Without this control, space rents would continue to rise. As a result, park residents would face a severe cost burden. Section 8 Rental Assistance Payments/Vouchers: The Housing Authority of the County of San Diego administers a Section 8 Rental Assistance Program to provide affordable housing opportunities to low income renters. PRIORITY 2: MAINTAIN AND PRESERVE CITY'S HOUSING STOCK Objective: Maintain and/or preserve 50 Housing Units (10 housing units per year) Resources: Community Housing Improvement Program (CHIP): Continued successful implementation of the City's Community Housing Improvement Program (CHIP) which provides favorable loans to low-income homeowners to preserve and rehabilitate deteriorating homes and to provide greater accessibility for those with physical disabilities. Eligible rehabilitation activities include water conservation, energy efficiency, and lead- based paint abatement. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-8 2014-05-06 Agenda Packet Page 55 PRIORITY 3: HOMEOWNERSHIP ASSISTANCE ➢ Objective: Provide financial assistance to 50 households (10 annually) to assist renters become homeowners. ➢ Resources: Mortgage Credit Certificate Program (MCC): The MCC program allows eligible buyers to take 20 percent of their mortgage interest as a tax credit on the federal income taxes. To be eligible for the MCC program in non-targeted Census tracts, a household must be a first-time homebuyer, buy a home in Chula Vista, and earn less than 115 percent of area median income. — Chula Vista Pre- and Post-Purchase Counseling Program: Courses are held throughout the region with pre- and post purchase counseling services. — Chula Vista First Time Homebuyer Program: This City program helps families earning up to 80 percent of AMI through a soft second on their first home purchase. — Reissued Mortgage Credit Certificate Program (RMCQ This program allows an existing MCC holder to refinance their mortgage and continue utilizing the benefit of having an MCC. B. Community Development Objectives PRIORITY 1: INFRASTRUCTURE IMPROVEMENTS ➢ Objective: Provide infrastructure improvements in lower and moderate income target areas/neighborhoods. The City plans to complete 5 projects over 5 years benefiting 15,000 persons residing within the designated Census Tracts. ➢ Resources: A review of the City's Performance Report from 2010 to 2013 demonstrates the City exceed its Infrastructure improvement goals that were included in the 2010-2015 Consolidated Plan. No Infrastructure Improvement applications were received during the 2014/2015 application cycle. However, the City is obligated to fund the Section 108 debt service payment in 2014/2015. The City Of Chula Vista received $9.5 in Section 108 Loan Guarantee funds to assist with the installation of new curbs, gutters and sidewalks eight streets located in the southwest area of the City. The proposed streets are located in Census Tracts 13102 and 13203, which contain more than 68.5% low/moderate income persons. PRIORITY 2: COMMUNITY ENHANCEMENT ➢ Objective: Continue to provide quality community facilities by improving public facilities and enhancing the community. City plans on completing 5 public facilities and continue remediation of graffiti from 2,000 sites over 5 years. ➢ Resources: A review of the City's Performance Report from 2010 to 2013 demonstrates the City exceed its Community Enhancement goals that were included in the 2010-2015 City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-9 2014-05-06 Agenda Packet Page 56 Consolidated Plan. No Community Enhancement applications were received during the 2014/2015 application cycle. PRIORITY 3: SPECIAL NEEDS AND HOMELESS PRIORITIES Objective 1: Public Services: Continue to fund public services at the federally mandated 15 percent cap. Assist 10,000 people with Public Services ranging from: Youth; Victims of Domestic Violence; and, Elderly. Resources: Meals on Wheels: Daily delivery of up to two meals for seven days a week, 365 days a year to Chula Vista seniors age 62 and over. Interfaith Shelter Network: Provide rotational winter night time shelter at nine congregations in the South Bay for approximately 18 weeks. Services include meals, overnight supervision, showers, and case management. Lutheran Social Services Project Hand: the City of Chula Vista provides financial assistance to this program which dispenses food to homeless families and individuals. South Bay Food Program: This program provides meals to homeless families and low income individuals. Services for High-Risk and Homeless Youth: Provide high risk youth with the services, support and opportunities they need to lead healthy and productive lives, avoiding further contact with law enforcement and gang involvement. Assessment, Referral and Emergency Services: Provide families with assessment and referral services as well as emergency services (food, clothing, etc.). Therapeutic Recreation Program: Provide recreational opportunities to community members who have a developmental or physical disability, including children, teens and adults. Funds will cover staff costs, trainings, supplies and materials. The program will offer scheduled and supervised activities designed to be educational, healthy, and recreational based. Activities are designed to build social skills, self esteem, independence, activities of daily living, and sportsmanship. Food 4 Kids Backpack Program: The program provides a backpack full of child-friendly food to children who are on the free breakfast or lunch program at their elementary school, but show evidence of suffering from hunger over the weekend. 50 children at Harborside Elementary and 25 at Lauderbach have been identified as suffering from chronic hunger and will receive a backpack every Friday during the 36-week school year. — Family Violence Treatment: Program provides therapeutic counseling and crisis services to adult and child victims of family violence. Services include; but not limited to a focused 24- hour, 7-day a week immediate crisis response, comprehensive strengths-based City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-10 2014-05-06 Agenda Packet Page 57 assessments and safety planning for DV victims and their children; treatment planning; age-appropriate group and individual counseling for children, victim support groups crisis intervention; a unique pre-school focused on children. — Norman Park Senior Center Program: Program operates out of the Norman Park Senior Center and provides scheduled activities. — Regional Task Force on the Homeless — Regional Task Force on the Homeless: The RTFH provides information and referral services to homeless service agencies, individuals and local government jurisdictions and publishes for the public homeless information reports that address homeless services, the homeless population profile and homeless funding. The RTFH also operates a HUD mandated Homeless Management Information System that allows service agencies to track homeless client information through a central database and conducts the homeless count needed to pursue HUD's Supportive Housing Program funding for the region. — Center for Employment Opportunities-Employment Re-Entry for At-Risk Young Adults: Program provides at-risk young adults (18-25) returning home from prison and jail with life skills education, paid transitional work, full time job placement and 12 months of retention services. These individuals will have limited employment histories, low educational attainment levels and no source of legitimate income. — KidCare Express Medical Mobile Unit: Program provides primary healthcare services to low income, medically underserved children and families in Chula Vista in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities by providing families with the healthcare they need, when and where they need it. Objectives 2: Transitional and Homeless Housing and Services: Continue to support programs offering emergency and transitional housing opportunities for homeless families and individuals. Homeless assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive services based on income level. Support 2000 homeless persons (40 homeless persons annually). Resources: Emergency Solutions Grant Program: HUD-funded Emergency Shelter Grant Program provides grants to local governments and to non-profit corporations for the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain operating and social service expenses in connection with the emergency shelter. In 2011, with the implementation of the HEARTH Act, funding was provided for Homeless Prevention and Rapid Re-Housing activities. — County of San Diego Voucher Program: Although not funded using CBDG funding in 2013- 2014, This County-wide program provides hotel/motel vouchers to homeless families and individuals through the winter months of November through April. — South Bay Food Program: This program provides meals to homeless families and individuals. Chula Vista financially supports this program and leverages resources from volunteers and food received from Feed America. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-11 2014-05-06 Agenda Packet Page 58 — Interfaith Shelter Network: Provide rotational winter night time shelter at nine congregations in the South Bay for approximately 18 weeks. Services include meals, overnight supervision, showers, and case management. — Regional Task Force on the Homeless — Regional Task Force on the Homeless: The RTFH provides information and referral services to homeless service agencies, individuals and local government jurisdictions and publishes for the public homeless information reports that address homeless services, the homeless population profile and homeless funding. The RTFH also operates a HUD mandated Homeless Management Information System that allows service agencies to track homeless client information through a central database and conducts the homeless count needed to pursue HUD's Supportive Housing Program funding for the region. — Center for Employment Opportunities-Employment Re-Entry for At-Risk Young Adults: Program provides at-risk young adults (18-25) returning home from prison and jail with life skills education, paid transitional work, full time job placement and 12 months of retention services. These individuals will have limited employment histories, low educational attainment levels and no source of legitimate income. — Homeless Prevention and Rapid Re-Housing Services: Emergency Solutions Program: HUD- funded Emergency Soluutions Grant program provides grants to local governments and to non-profit corporations to provide case management and rental assistance for those who are at risk of becoming homeless or can be rapidly re-housed after experiencing homelessless. Program requires participants to be self-sufficent after receiving rental assistance. PRIORITY 4: ECONOMIC DEVELOPMENT: Objective: Pursue the ability to provide funding for business programs to encourage job training and job creation for 8-12 persons (2-3 full-time jobs annually). — Resources: No resources will be allocated in 2014-2015 under Economic Development. However, the Center for Employment Opportunities-Employment Re-Entry for At-Risk Young Adults program will provide at-risk young adults (18-25) returning home from prison and jail with life skills education, paid transitional work, full time job placement and 12 months of retention services. These individuals will have limited employment histories, low educational attainment levels and no source of legitimate income. No other Economic Development Activities will be carried out using CDBG funds. In 2005 the Department of Housing and Urban Development (HUD) conducted an audit on the City's use of CDBG, including economic development activities. The audit revealed that the economic development activities the City had undertaken were not eligible. For this reason, the City was instructed by HUD not fund any economic development related activities until directed by HUD. From 2005 until 2009, the City has restored its good status with HUD. The City will prepare a strategic plan which will address any concerns HUD had with the City's capacity to manage said activities. City of Chula Vista 2014/2015 Annual Action Plan Executive Summary—Page ES-12 2014-05-06 Agenda Packet Page 59 �tM5N70F IV. 2012-13 ANNUAL ACTION PLAN �o II�III� The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to ae' Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. Narrative Responses Annual Action Plan includes the SF 424 and is due every year no less than 45 days prior to the start of the grantee's program year start date. HUD does not accept plans between August 15 and November 15. A. Executive Summary 91.220(b) The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Response: Please refer to the Executive Summary provided on page six of this document. B. Citizen Participation 91.220(b) Provide a summary of the citizen participation and consultation process (including efforts to broaden public participation in the development of the plan. Participation Process: Citizen participation is one of the most important components of the Consolidated Plan process. The City of Chula Vista utilized the following strategy and timeline to solicit meaningful input in preparing the City's Consolidated Plan: November 5, 2013 Public Hearing: Funding Availability and Needs Public Input December 2013-January, 2014- Application and RFQ availability and distribution Publish Notice of Availability of Funds March 5, 2014 Public Outreach Meeting on Annual Action Plan March 11, 2014 Public Hearing: Funding recommendations to Council and applicant presentations March 19—April 19, 2014 30-Day Action Plan Public Review Period May 6, 2014 City Council Approval of Annual Action Plan May 14, 2014 Final Action Plan submitted to HUD for Approval July 1, 2014 Program Year Begins Provide a summary of citizen comments or views on the plan. Response: Please see Appendix C. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. Response: All public comments were accepted. City of Chula Vista 2014/2015 Draft Annual Action Plan Action Plan—Page 1 2014-05-06 Agenda Packet Page 60 C. Resources 91.220(c)(1)) and (c)(2) Identify the federal, state, and local resources (including program income) the jurisdiction expects to receive to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McK4inney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Response: City staff, in its funding applications, emphasizes to applicants the need to leverage federal, state and local resources. These efforts have been fruitful and projects funded under CDBG, HOME, and ESG have substantially exceeded accomplishments that could be achieved from federal funds alone. Although there is no official match requirement in the CDBG program, in most cases, other funds, such as private funds received through donors or fund raising activities, commercial loans, Gas Tax funds, non-federal funds, are used to supplement and defray project costs. The following funding sources leverage the HUD Community Planning and Development (CPD) funds that the City or its Subrecipients, contractors may receive: ......................................................................................................................................................................................................................................................................................................................................... Federal Programs Rental Assistance Program (Section 8 Housing Choice Voucher Program): The Section 8 Housing Choice Voucher Program provides almost $85 million annually in tenant-based rental assistance for very low-income households residing in privately owned rental units. Program participants typically pay between 30 to 40 percent of their monthly-adjusted incomes for rent and utilities. The Housing Authority of the County of San Diego (HACSD) administers the program in the City of Chula Vista and issues the assistance payments directly to the landlords on behalf of the assisted households. Supportive Housing Program (SHP): SHP provides grants to improve the quality of existing shelters and transitional housing, and increases the availability of transitional housing facilities for the homeless. SHP is the primary program supporting transitional housing for the homeless. The County's, (that includes Chula Vista service providers). The projects that were submitted to HUD on January 18, 2014 for consideration is available at the following weblink: http://www.sdcounty.ca.gov/sdhcd/homeless/supportive housing program.html San Diego Merged Continuum of Care expects to hear back from HUD in March 2014 on the list of final projects who were awarded funding. National Housing Trust Fund: Approved by Congress but still unfunded, the National Housing Trust Fund could at some point become a new source for new affordable and supportive housing. At the time of this writing, however, funding has not been identified. Project Based Section 8: The County of San Diego Housing and Community Development Department, contingent on funding availability, issues a Notice of Funding Availability for Project-based Section 8 voucher for special needs populations. Using these funds for City of Chula Vista 2014/2015 Draft Annual Action Plan Action Plan—Page 2 2014-05-06 Agenda Packet Page 61 operations will allow developers to leverage other funds to develop additional housing units in Chula Vista. Mortgage Credit Certificate (MCC) Program: The City of Chula participates in the San Diego Regional MCC Program, developed and administered by County Department of Housing and Community Development, provides home purchase assistance to low- and moderate- income first-time homebuyers with income at or below 115% of the State Median Income. Homebuyers receive a federal income tax credit equal to 20% of the annual interest on their mortgage loan. The County's program includes the City of Chula Vista. First Time Homebuyers are encouraged to apply. ......................................................................................................................................................................................................................................................................................................................................... State Programs California Department of Housing and Community Development (State HCD): State HCD administers a number of programs that provide funds that can be combined with other federal and local funds. Low-Income Housing Tax Credits (LIHTC): Federal and State tax credits are used by developers of multi-family housing in return for reserving a portion of the development for moderate-, low-, and very low-income households at affordable rents. These Federal and State tax credits are allocated by the State based on a priority scoring system. Over the years, several non-profit organizations, assisted with City Program funds, have received LIHTC funds. City will continue to encourage organizations to apply for and utilize these funds consistent with the 2010-2015 City of Chula Vista Consolidated Plan. Mental Health Services Act (MHSA): The passage of Proposition 63 (MHSA) in November 2004, provides the first opportunity in many years for the State Department of Mental Health to provide increased funding, personnel and other resources to support county mental health programs and monitor progress toward statewide goals for children, transition age youth, adults, older adults and families. The Act addresses a broad continuum of prevention, early intervention and service needs and the necessary infrastructure, technology and training elements that will effectively support this system. It is anticipated that the MHSA housing funding may be leveraged with the City of Chula Vista's housing programs (based on availability of funding). Cal-HOME Program: This State grant of releases a Notice of Funding Availability each year through a competitive application process that provides funds for mortgage assistance to low-income first-time homebuyers. In the event, the City is successful in its grant application, these funds would be used to supplement HOME funds and would be disbursed in conjunction with the City's Homebuyer Assistance Program. The California Housing Finance Agency (CalHFA): CaIHFA supports the needs of renters and first-time homebuyers by providing financing and programs that create safe, decent and affordable housing opportunities for individuals within specified income ranges. Established in 1975, CaIHFA was chartered as the State's affordable housing bank to make below market-rate loans through the sale of tax-exempt bonds. The bonds are repaid by revenues generated through mortgage loans, not taxpayer dollars. City of Chula Vista 2014/2015 Draft Annual Action Plan Action Plan—Page 3 2014-05-06 Agenda Packet Page 62 State of California Multi-family Housing Program (MHP): This program provides permanent financing for affordable multi-family housing development, in the form of low- interest loans to developers for new construction, rehabilitation, or acquisition and rehabilitation of permanent or transitional rental housing, and the conversion of nonresidential structures to rental housing. City of Chula Vista's Landings I affordable housing project received MHP funds during fiscal year 2008-2009. City will encourage affordable housing developers to apply for these funding opportunities. However, in 2010, the State MHP issued what was the reported as the final MHP Notice of Funding Availability (NOFA) and no new source of funding has been identified. City will continue to explore funding availability as the State identifies new sources to fill this gap. State of California Emergency Housing Assistance Program (EHAP): This program funds emergency shelters, transitional housing, and services for homeless individuals and families. EHAP funds operating costs and support services through grants. Capital development funding is structured as forgivable loans. Affordable Housing Program (AHP): The Affordable Housing Program provides grants and subsidized loans to support affordable rental housing and homeownership opportunities. ......................................................................................................................................................................................................................................................................................................................................... Local Programs City Density Bonus Programs: The City's density bonus program is administered by the City of Chula Vista's Development Services Housing Division (City HD). City HD administers the occupancy requirements as they relate to eligible income and rent requirements for units developed under these programs. In conformance with State Density Bonus Law, these programs establish provisions by which densities may exceed those set by the City General Plan or further described in a specific plan if the developer reserves some or all of the proposed units for various periods of time for low-income families, seniors, and households with disabled persons. Inclusionary Housing: No inclusionary housing projects are planned for the 2014-2015 program year. ......................................................................................................................................................................................................................................................................................................................................... Private Resources/Financing Programs Conventional Lending Industry: Banks have participated in providing conventional loans for development of affordable rental units. The banking industry is also active in providing first-time homebuyer assistance in conjunction with State and federal programs. Local Initiatives Support Corporation (LISC): LISC helps resident-led, community-based development organizations transform distressed communities and neighborhoods into healthy ones. By providing capital, technical expertise, training and information, LISC supports the development of local leadership and the creation of affordable housing, commercial, industrial and community facilities, businesses and jobs. City of Chula Vista 2014/2015 Draft Annual Action Plan Action Plan—Page 4 2014-05-06 Agenda Packet Page 63 Federal Home Loan Bank Community Investment Fund: Grants and loans are made through the Federal Home Loan Bank System, with more than 200 member savings and loan associations. Loans are made through member banks to sponsors of affordable housing and other community revitalization and development activities. Explain how federal funds will leverage resources from private and non-federal public sources. Response: City staff, in its funding applications, emphasizes that need to leverage federal funds (some sources described in #5). These efforts have been fruitful and projects funded under CDBG, HOME, and ESG, have substantially exceeded accomplishments that could be achieved from federal funds alone. Although there are no official match requirements in the CDBG program, in most cases, other funds, such as private funds received though donor or fund raising activities, commercial loans, Gas Tax funds, are used to supplement and/or defray project costs. City of Chula Vista 2014/2015 Draft Annual Action Plan Action Plan—Page 5 2014-05-06 Agenda Packet Page 64 D. Annual Priorities and Objectives 91.220(c)(3) The following Performance Measurement Matrix represents the activities undertaken during the 2010-2015 Consolidated Plan period including 2014-2015 program year. Each activity is listed under the corresponding priority, as identified in the Consolidated Plan. 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Response. Please see the objectives listed after each activity in the "Description of Activities" section below. Description of Activities 91.220(d) and (e): Response: Please refer to Appendix B HUD Tables and Proposed Projects Provide a summary of the eligible programs or activities that will take place during the program year to address the priority needs and specific objectives identified in the strategic plan. Describe the outcome measures for activities in accordance with Federal Register Notice dated March 7, 2006, i.e., general objective category (decent housing, suitable living environment, economic opportunity) and general outcome category (availability/accessibility, affordability, sustainabiiity). Responses: Please see the objectives listed after each activity in the section below. ............................................................................................................................................................................................................................................................................................................................................................... 1. HOUSING PRIORITIES AND OBJECTIVES The housing priorities and objectives the City of Chula Vista plans to achieve using HUD block grant funds include: Priority 1: Affordable rental housing for low and moderate income households. Targeted groups: Extremely and very low income households and special needs households; low and moderate income households. Objective: Provide or maintain 150 affordable housing units (10 households in 2014-2015). Resources: — Development Services-Housing Division: Production of Affordable Housing: HOME and CDBG entitlement funds will be utilized for affordable housing development, housing site improvements, predevelopment costs and other activities to stimulate housing for lower income persons in the City. Activities for 2014-2015 include the Production of Affordable Housing to include Acquisitions for New Construction and/or Rehabilitation activities and Tenant Based Rental Assistance. — Development Services-Housing Division-Housing Services: CDBG funds are used to pay for housing services in connection with assisted housing services in connection with the HOME program. This includes housing services such as housing counseling in connection with tenant based rental assistance and affordable housing programs, energy auditing, preparation of work specifications, loan processing, inspections, tenant selection, management of tenant based rental assistance and other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate in housing projects assisted with the HOME program. — Balanced Communities-Affordable Housing Policy: The City of Chula Vista's Housing Element of the General Plan states that certain developments over 50 units must provide 10 percent of the City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 8 of 30 2014-05-06 Agenda Packet Page 67 units for low and moderate income households, with at least one-half of those units (5 percent of the total project) being designated for low-income households. — Mobilehome Rent Review Ordinance and Commission: The city's Rent Review Ordinance protects space rent levels for mobilehome owners. The ordinance caps rent increases based on the Consumer Price Index (CPI) once per year. Since the majority of mobilehome owners are seniors on fixed incomes or low income families this rent increase protection helps keep households in place. City staff also reviews closure plans for mobilehome parks to ensure that mobilehome residents receive adequate relocation benefits in the event they have to move. — Section 8 Rental Assistance Payments/Vouchers: The Housing Authority of the County of San Diego administers a Section 8 Rental Assistance Program to provide affordable housing opportunities to low income renters. Priority 2: Maintenance and preservation of existing housing stock. Targeted groups: All low income owners and owners with special needs. Moderate income households. Objective: Maintain and/or preserve 50 Housing Units (8 housing units in 2014-2015). Resources: — Community Housing Improvement Program (CHIP): Continued successful implementation of the City's Community Housing Improvement Program (CHIP) which provides favorable loans to low- income homeowners to preserve and rehabilitate deteriorating homes and to provide greater accessibility for those with physical disabilities. Eligible rehabilitation activities include water conservation, energy efficiency, and lead-based paint abatement. In 2013-2014, CDBG or HOME funds may be used to assist low income owner-occupants with needed repairs. — The Green Streets Project will provide interior and exterior home improvements, basic weatherization, minor rehabilitation, and minor home security improvements to 10 Low Moderate Income (LMI) households in Chula Vista and distribute "do-it-yourself' water and energy conservation kits to an additional 20 LMI households. If there are additional health and safety related issues identified, City staff will conduct an inspection and provide financial assistance for the necessary improvements through the City's Community Housing Improvement Program (CHIP). Priority 3: Provide homeownership assistance and other programs to help renters become homeowners. Targeted groups: All low and moderate income renters wanting to be owners. Objective: Provide 50 affordable housing units (5 households in 2014-2015) Resources: — Mortgage Credit Certificate Program (MCC): The MCC program allows eligible buyers to take 20 percent of their mortgage interest as a tax credit on the federal income taxes. To be eligible for the MCC program in non-targeted Census tracts, a household must be a first-time homebuyer, buy a home in Chula Vista, and earn less than 115 percent of area median income. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 9 of 30 2014-05-06 Agenda Packet Page 68 — Chula Vista Pre- and Post-Purchase Counseling Program: Courses are held throughout the region with pre- and post purchase counseling services. — Chula Vista First Time Homebuyer Program: This City program helps families earning up to 80 percent of AMI through a soft second on their first home purchase. City of Chula Vista issued a Notice of Funding Availability in August 2013 and City Council approved a contract with Community HousingWorks in September 2013. Any balances will be carried over to fiscal year 2014-2015. — Reissued Mortgage Credit Certificate Program (RMCQ This program allows an existing MCC holder to refinance their mortgage and continue utilizing the benefit of having an MCC. — Foreclosure Prevention: This program will provide counseling to persons who are facing foreclosure. ............................................................................................................................................................................................................................................................................................................................................................... 2. COMMUNITY DEVELOPMENT PRIORITIES AND OBJECTIVES Priority 1: Infrastructure Improvements in low and moderate income neighborhoods. Targeted Activities: Street and sidewalk improvements in low income areas, flood prevention and drainage improvements. Objective: Bring the benefits of safe and accessible streets and sidewalks to over 18,000 residents in various areas in the City of Chula Vista through the following projects. Resources: — Section 108: The City Of Chula Vista received $9.5 in Section 108 Loan Guarantee funds to assist with the installation of new curbs, gutters and sidewalks eight streets located in the southwest area of the City. The proposed streets are located in Census Tracts 13102 and 13203, which contain more than 68.5% low/moderate income persons. In March 2012, HUD approved an addition of two streets to the Section 108 project scope. These streets were one's that were already identified in the original Section 108 Loan Program documents. The project was completed June 2013. Priority 2: Community Enhancement Targeted Groups: Facilities serving Chula Vista residents, including but not limited to the following: youth activities, park improvements, recreational and neighborhood facilities, facilities serving other special needs populations, health and child care facilities, and graffiti removal. Objective: 15,000 persons to benefit from improved infrastructure. Priority 3: Special Needs and Homeless Priorities. Targeted Groups/Activities: Low and moderate income Chula Vista residents in need of public services. The priority groups to which public services funds will be directed include: Highest Priority Populations needing basic/essential services (food, housing, emergency services). City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 10 of 30 2014-05-06 Agenda Packet Page 69 Medium-Priority given to special needs populations (at risk youth, family violence prevention, disabled persons, elderly persons, and graffiti removal). ............................................................................................................................................................................................................................................................................................................................................................... Objective 1 - Public Services: Continue to fund public services at the federally mandated 15 percent of CDBG cap. Resources: — Emergency Solutions Grant Program: HUD-funded Emergency Solutions Grant Program provides grants to local governments and to non-profit corporations for the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain operating and social service expenses in connection with the emergency shelter. — South Bay Food Program: This program provides meals to homeless families and low income individuals. — Interfaith Shelter Network: Provide rotational winter night time shelter at nine congregations in the South Bay for approximately 18 weeks. Services include meals, overnight supervision, showers, and case management. — Regional Task Force on the Homeless— Regional Task Force on the Homeless: The RTFH provides information and referral services to homeless service agencies, individuals and local government jurisdictions and publishes for the public homeless information reports that address homeless services, the homeless population profile and homeless funding. The RTFH also operates a HUD mandated Homeless Management Information System that allows service agencies to track homeless client information through a central database and conducts the homeless count needed to pursue HUD's Supportive Housing Program funding for the region. — Homeless Prevention and Rapid Re-Housing Services: Emergency Solutions Program: HUD- funded Emergency Solutions Grant program provides grants to local governments and to non- profit corporations to provide case management and rental assistance for those who are at risk of becoming homeless or can be rapidly re-housed after experiencing homelessness. Program requires participants to be self-sufficient after 6 to 12 months of receiving rental assistance. Priority 4: Pursue the ability to provide funding for business programs to encourage job training and job creation. ➢ Objective: Create 8-12 jobs (2-3 full-time jobs in 2012-2013 upon HUD approval). Resources: CDBG funds will be used for job training funded as a public service in 2013-2014. The program provides 15 at-risk young adults (18-25) returning home from prison and jail with life skills education, paid transitional work, full time job placement and 12 months of retention services. These individuals will have limited employment histories, low educational attainment levels and no source of legitimate income. The City of Chula Vista is not undertaking an economic development projects in 2014-2015. In 2005 the Department of Housing and Urban Development (HUD) conducted an audit on the City's use of CDBG, including economic development activities. The audit revealed that the economic development activities the City had undertaken were not eligible. For this reason, the City was instructed by HUD not fund any economic development related activities until directed by HUD. From 2008 until 2012, City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 11 of 30 2014-05-06 Agenda Packet Page 70 the City has maintained its good status rating with HUD. The City may prepare a strategic plan which will address any concerns HUD had with the City's capacity to manage said activities in the next Consolidated Plan. E. Geographic Distribution/Allocation Priorities 91.220(d) and (f) Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. Describe the reasons for the allocation priorities, the rationale for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) during the next year, and identify any obstacles to addressing underserved needs. Responses: The geographic distribution of funds for assistance is as follows: Housing ➢ Housing assistance can be generally described as available throughout the entire city to income qualified households. Homeownership activities, rehabilitation of owner-occupied, and mixed income rental housing acquisition and development can occur in any area of the city exhibiting need or project feasibility (subject to program guidelines). ➢ Housing preservation activities are implemented in the low to moderate income census tracts throughout the city. Special Needs/Public Services ➢ Homeless assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive services based on income level and being at-risk or currently homeless. ➢ Special needs assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive assistance based on income level and special need. ➢ Public services can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive assistance based on income level. ➢ Public facility and infrastructure projects must be located in low to moderate-income census tracts, as shown in the following map (shaded in green). City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 12 of 30 2014-05-06 Agenda Packet Page 71 r, asap sr.w srre—� ,yn. sanr war . +arrt �a suss i " i �% +•pn r �r t usN i .u. +an - City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 13 of 30 2014-05-06 Agenda Packet Page 72 F. Annual Affordable Housing Goals 91.220(g) Describe the one-year goals for the number of homeless, non-homeless, and special-needs households to be provided affordable housing using funds made available to the jurisdiction and one-year goals for the number of households to be provided affordable housing through activities that provide rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units using funds made available to the jurisdiction. The term affordable housing shall be defined in 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. Response: Although the funding sources for affordable housing projects and programs have decreased in recent years (HOME and elimination of Redevelopment), the City continues to pursue opportunities to provide affordable housing opportunities. For year four of the Consolidated Plan, the city will provide the following: Also refer to Appendix E (Performance Measurement Matrix). — Development of new or rehabilitated affordable rental units-10 households; — Rehabilitation and accessibility improvement in homes occupied by low-income owners-10 housing units; — Homeownership: Assist renters become homeowners through tax credits, pre- and post- purchase counseling, soft second and refinancing existing debt-10 households. — Homeless Prevention and Rapid Re-Housing: Provide assistance to homeless families or those at risk of becoming homeless through rental assistance, case management, supporting approximately 6 households. G. Public Housing 91.220(h) Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. Response: The Housing Authority of the County of San Diego (HACSD) owns and operates all of the public housing units located in the City of Chula Vista. HACSD also administers the Section 8 voucher program that serves Chula Vista residents. Chula Vista public housing residents can apply for the City of Chula Vista's first time homebuyer programs using NSP or HOME funds. HACSD offers residents access to homebuyer education classes as one of the many programs offered to public housing residents. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Response: Not applicable, the public housing units owned by HACSD are not designated as "troubled" by HUD. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 14 of 30 2014-05-06 Agenda Packet Page 73 H. Homeless and Special Needs 91.220(i) Describe, briefly, the jurisdiction's plan for the investment and use of available resources and describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness. Describe specific action steps to address the needs of persons that are not homeless identified in accordance with 91.215(e). Homelessness Prevention—Describe planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 14. and 16. Eliminating chronic homelessness and homeless prevention activities. The City of Chula Vista participates in the regional approach to end chronic homelessness and homeless prevention efforts. This is accomplished through membership of the South Bay Homeless Advocacy Coalition and the Regional Continuum of Care Council (CoC). Both organizations include representation from the County of San Diego, the City of Chula Vista, the Chula Vista Elementary School District and various social service agencies. The CoC's most recent Strategic Planning Objectives, which serve as the Homeless Strategic Plan for the region are: Objective 1: Create new permanent housing beds for chronically homeless individuals. ➢ Secure Shelter Plus Care funding for two chronic homeless projects, expanding capacity by 12 units (15 beds). ➢ Collaborate with the Plan to End Chronic Homelessness for expansion of programs for the chronic homeless by 6 beds. Continue to support applications to secure Veterans Administration Supportive Housing vouchers and target 25 for homeless meeting SHP definition. ➢ Continue leveraging State funded Mental Health Services Act funds for development of new beds. ➢ In anticipation of Hearth Act changes, advocate with local officials for use of HOME funds for chronic homeless families. Objective 2: Increase percentage of homeless persons staying in permanent housing over 6 months to at least 77 percent. ➢ Secure continued funding for existing housing inventory. ➢ Seek expanded support services funding. ➢ Review annual performance data twice annually to identify individual program performance, create corrective actions and provide technical assistance as needed. ➢ Implement revised client/homeless input plans to identify barriers to housing stability. ➢ Improve access to mainstream income supports through collaboration and training with SSA, EDD, Workforce Investment Act, Medi-Cal, etc. ➢ Research best practices for accessing and maintaining benefits. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 15 of 30 2014-05-06 Agenda Packet Page 74 Objective 3: Increase percentage of homeless persons moving from transitional housing to permanent housing to at least 65 percent. The Continuum of Care (CoC) received technical assistance regarding completion of APRs in 2012. In 2013/2014, providers will differentiate the type of clients and use the HMIS system to produce APRs that segregate client types. The CoC will continue to monitor program performance and support best practices. Supportive Housing Program (SHP) Transitional Housing providers will continue to emphasize employment and income stability. Programs will coordinate with ARRA services, including HPRP services that assist with rapid re-housing of families and individuals. Objective 4: Increase percentage of persons employed at program exit to at least 20 percent. Continue the current success promoted through annual public forums targeting strategies and programs for homeless persons. Coordinate activities with outreach, case management and employment groups to review current data regarding poverty, homelessness and job market forecasts. Support SHP programs in developing plans to counteract the impact of changes in the local economy and take advantage of special resources available under ARRA for employment, training and childcare. Objective 5: Decrease the number of homeless households with children. ➢ Expand prevention and early intervention strategies. Coordinate with public school systems to build strong partnerships with McKinney Vento homeless liaisons. Analyze jurisdictional data to identify families at high risk of becoming homeless and provide early intervention. Enhance HPRP, eviction protection and landlord/tenant services to deter homelessness for families. Access other resources, i.e., ARRA funds, to assist families with prevention and rapid rehousing services. ➢ The City of Chula Vista follows the County of San Diego's established Discharge Planning strategy through the RCCC. The strategy addresses discharge planning for the various institutions of systems of care including: foster care, health care, mental health and corrections. In 2012, HUD revised the Emergency Shelter Grant program and re-named the program Emergency Solutions Grant. Along with the new title, numerous program changes were made including changing the list of eligible activities and expanding the definition of homelessness. In preparation of this Action Plan, the City of Chula Vista consulted with the RCCC's Steering Group to ensure the City's ESG projects were consistent with the establish funding priorities for the funds. The new regulations require a percentage of the funds be restricted to homelessness prevention and rapid re-housing activities. The steering committee created seven goals and objectives to address the needs of persons at risk of homelessness or those who have recently become homeless (listed below as Object 6). Objective 6: Assist those at risk of becoming homeless or those who have recently become homeless. There are a number of major obstacles that hinder the goal of ending homelessness in the San Diego region including: the cost of the local permitting process, the cost of land, lack of incentives as barriers to developing affordable housing in general, the lack of permanent supportive housing, the lack of coordination between governmental agencies administering programs that is particularly evident in discharge planning from medical and penal institutions; and, barriers to the access of mainstream resources, which include the eligibility process. A protracted eligibility process with strict City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 16 of 30 2014-05-06 Agenda Packet Page 75 documentation requirements, combined with limited resources, continue to be identified as major barriers in an annual survey of consumers and by service providers. Lack of access to specialized services is particularly evident with the major health programs such as, Medicare, Medicaid/Medi-Cal and with some housing programs where local priorities prevail. Although most chronically homeless qualify for some form of disability income, those attempting to access benefits generally fail three times before successfully receiving the benefits. General Relief is very limited and does not include homelessness as eligibility criteria. The regional planning efforts include recommendations to address and overcome these obstacles. Foster greater access to permanent housing, that is affordable to person at or below 30% of the area median income. The City will utilize Emergency Solutions Grant funds in accordance with guidelines established by the RCCC Steering Committee: - Leverage existing resources to achieve the program's match and case management requirements; - Coordinate across regional entitlement jurisdictions by utilizing standardized eligibility and assessment tools; - Support federal and local goals for priority populations, including but not limited to veterans, families and other special needs populations; - Allow for variations in the program design that responds to the needs and resources of the jurisdiction; - Comply with new eligibility and verification requirements (HMIS, housing status, habitability standards, homeless definitions, etc.); and - Allow each program to take responsibility for arranging intake, assessment, case management, reporting, and meeting public notice requirements. 15. Meet the needs of non-homeless. Priority 1: Continue to fund public services at the federally mandated 15 percent cap, particularly programs which target homeless individual and families. ➢ Objectives: Assist 2,000 people with Public Services ranging from: Youth; Victims of Domestic Violence; and, Elderly. ➢ Resources: - Meals on Wheels of San Diego-Meals on Wheels: Daily delivery of up to two meals for seven days a week, 365 days a year to Chula Vista seniors age 62 and over. - South Bay Community Services-Family Violence Treatment: Program provides therapeutic counseling and crisis services to adult and child victims of family violence. Services include; but not limited to a focused 24-hour, 7-day a week immediate crisis response, comprehensive strengths- based assessments and safety planning for DV victims and their children; treatment planning; age- appropriate group and individual counseling for children, victim support groups crisis intervention; a unique pre-school focused on children. - South Bay Community Services-Services for High-Risk and Homeless Youth: Provide high risk youth with the services, support and opportunities they need to lead healthy and productive lives, avoiding further contact with law enforcement and gang involvement. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 17 of 30 2014-05-06 Agenda Packet Page 76 Chula Vista Community Collaborative-Assessment, Referral and Emergency Services: Provide families with assessment and referral services as well as emergency services (food, clothing, etc.). Chula Vista Recreation Department- Norman Park Senior Center Program: CDBG funds would be used to maintain four hours of operation, open on Fridays, to the public at Norman Park Senior Center, 8:00 AM — 12:00 PM. Funds will be used to support programs and services Monday — Friday, 12:00-5:00 PM. Programs of free ESG classes, conversational Spanish, blood pressure clinics, fitness classes, information/referral services and "are you okay" phone calls made to the mobility impaired aging community and more. Chula Vista Recreation Department-The Therapeutic Recreation Program and Classes: CDBG funds will be used for direct service delivery to community members who have a developmental or physical disability, including children, teens and adults. Funds will cover staff costs, trainings, supplies and materials. The program will offer scheduled and supervised activities designed to be educational, healthy, and recreational based. Activities are designed to build social skills, self esteem, independence, activities of daily living, and sportsmanship. Center for Employment Opportunities-Employment Re-Entry for At-Risk Young Adults: Program provides at-risk young adults (18-25) returning home from prison and jail with life skills education, paid transitional work, full time job placement and 12 months of retention services. These individuals will have limited employment histories, low educational attainment levels and no source of legitimate income. Family Health Centers of San Diego-Kid Care Express FHCSD's KidCare Express Mobile Medical Unit program proposes to continue providing needed high-quality primary health care services to low income medically underserved children and their families within the City of Chula Vista. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 18 of 30 2014-05-06 Agenda Packet Page 77 I. Barriers to Affordable Housing 91.220(j) Describe the actions that will take place during the next year to remove barriers to affordable housing. Response: The City of Chula Vista's Housing Division will collaborate with other City departments and non-profit organizations in the development of affordable using existing policies. City's Housing Division will also receive and take into consideration the barriers identified in the City's approved Housing Element and recommendations included in the 2010-2015 Analysis to Impediments to Fair Housing Choice. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 19 of 30 2014-05-06 Agenda Packet Page 78 J. Other Actions 91.220(k) Describe the actions that will take place during the next year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce the number of housing units containing lead-based paint hazards, reduce the number of poverty-level families develop institutional structure, enhance coordination between public and private agencies (see 91.215(a), (b), (i), (j), (k), and(I)J. Describe the actions to coordinate its housing strategy with local and regional transportation planning strategies to ensure to the extent practicable that residents of affordable housing have access to public transportation. Addressing obstacles to meeting housing needs: Chula Vista has very actively addressed housing needs by increasing (with required voter approval) participation in future affordable rental developments, approving a mobile home overlay district to address mobile home redevelopment and loss of affordable units, passing its Affordable Housing Policy which requires developers to contribute to the affordable housing stock, increasing allowable residential density in the city's general plan and by not placing strong limits on residential growth. However, local and state sources of revenue for affordable housing and community development are inadequate to address housing and community development needs in the city. The current economic climate is particularly challenging. On the plus side, home prices have fallen, enabling more moderate income renters to afford to buy homes-if they are able to get financing. The city will also benefit from new federal funds to address many of its most acute and community development needs. Anti Poverty Strategy It is the City of Chula Vista's goal is to utilize 100% of its entitlement grants to assist low/moderate income residents break the cycle of poverty through supporting social service programs. Many of the programs include multi-service programs to assist low income families back into the main stream. They include help with job readiness, educational training, counseling, child care, food clothing, housing assistance and a host of other service to help families and individuals escape the cycle of poverty Following is a sample of the organizations the City partnered with for the 2013/2014 program year: • Chula Vista Community Collaborative to provide case management and referral services; • Family Health Centers of San Diego to provide mobile medical services at various elementary schools located in low income census tracts; • Interfaith Shelter Network to provide rotational shelter and case management during the cold winter months; • Meals-on-Wheels to provide daily hot meal delivery to seniors in need; • San Diego Food Bank which delivers weekly backpack with food to children who are at risk of experiencing hunger through the weekend. • South Bay Community Services (SBCS) is made up of three distinct departments and has a staff of over 250 that serve more than 50,000 individuals and families annually in South San Diego County. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 20 of 30 2014-05-06 Agenda Packet Page 79 V. PROGRAM SPECIFIC REQUIREMENTS A. CDBG 91.220(1)(1) PROGRAM INCOME Identify program income expected to be received during the program year, including: Amount expected to be generated by and deposited to revolving loan funds; total amount expected to be received from each new float funded activity included in this plan; and amount expected to be received during the current program year from a float funded activity described in a prior statement or plan. Response: During the program year the City anticipates receiving approximately $140,000 generated from the following sources: Revolving Loan Funds 1. Section 108 Loan repayments for the residents' portion for upgrades to their driveway aprons. 2. Loan payoffs from the City's Community Housing Improvement Program. Float funded activity: The City does not have any float-funded activities and therefore will not receive any program income through this source. Estimated amount of CDBG funds that will be used for activities that benefit persons of low-and moderate income. Response: The City expects to allocate 100% of its funds to low and moderate income persons. B. HOME 91.220(1)(1) Describe other forms of investment. (See Section 92.205) If grantee (PJ)plans to use HOME funds for homebuyers, did they state the guidelines of resale or recapture, as required in 92.254. Response: The recapture requirements are included in the recorded HOME regulatory agreement. Pursuant to 24 CFR 92.254(a)(ii), the City of Chula Vista requires that HOME funds be recaptured if the housing does not continue to be the principal residence of the family for the duration of the Period of Affordability. If all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred and Borrower is not a natural person), the "Equity", as hereafter defined, in the Property shall be shared between the Borrower and the City on the following basis: City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 21 of 30 2014-05-06 Agenda Packet Page 80 # Months After Date Buyer's Equity Share City of Chula Vista Equity of Agreement (Increases 5% per year) Share (Decreases 5% per year) 0-12 0% 100% 13-24 5% 95% 25-36 10% 90% 37-48 15% 85% 49-60 20% 80% 61-72 50% 50% 73-84 55% 45% 85-96 60% 40% 97-108 65% 35% 109-120 70% 30% 121-132 75% 25% 133-144 80% 20% 145-156 85% 15% 157-168 90% 10% 169-180 95% 5% Thereafter 100% 0% If,for example,the Property is sold, rented, refinanced, conveyed, or transferred within the first year the term of the Note secured by this Deed of Trust, Borrower shall receive zero percent (0%) of the Equity in the Property and the City shall receive one hundred percent (100%) of the Equity. "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: a. principal on the First Note and the Deed of Trust; and b. principal on this Second Note and Deed of Trust to the City of Chula Vista; and c. all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and d. current year taxes, including all pro-rata real estate taxes calculated to the date of sale; and e. borrower's down payment not including the loan from the City to Borrower; and f. all principal paid down on the First Note and Deed of Trust; and g. costs of any improvements to the Property, provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The amount of the Borrower's share in the Equity of the Property shall increase by five percent (5%) per year, measured on the anniversary date of this Deed of Trust. Correspondingly, the City's share in the equity of the Property shall decrease by five percent (5%) per annum. For the sake of example, if the Property is sold more than ten (10) but less than eleven (11)years after the date City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 22 of 30 2014-05-06 Agenda Packet Page 81 of this Deed of Trust,the City would have a twenty five percent (25%) share in the Equity and the Borrower would have a seventy five percent (75%) share in the Equity of the Property. In the event that no Equity exists at the time of transfer or sale, the HOME funds (item 1b above) will still be due and payable. In the event that a negative Equity situation exists, and the full amount of the HOME funds are not available to be recaptured, the amount of HOME funds required to be repaid to the City will be as set forth in 24 CFR 92.254(a)(ii)(A)(3). The formulas are as follows: HOME investment x Net proceeds=HOME amount to be recaptured HOME investment + homeowner investment Homeowner investment x Net proceeds=amount to homeowner HOME investment + homeowner investment "HOME investment" is defined funds received pursuant to the HOME Investment Partnership Program. "Homeowner investment" is defined as the amount of down payment and capital improvements made by the owner since purchase. Provided that Borrower is not in default under the terms of the Note and loan documents, the Note interest/equity share shall be forgiven in its entirety and interest in the equity of the Property shall be relinquished by the City fifteen (15) years from the date of the execution of the Note, as provided in Section 5 of the Note. For additional information or specific questions, the City of Chula Vista's First Time Homebuyer guidelines can be requested by contacting the City of Chula Vista Housing Division at 276 Fourth Avenue Chula Vista, CA 91910 or by calling Jose Dorado at 619-476-5375 or by visiting the City's website at.www.chulavista.ca.gov/cvrh. If grantee(PJ)plans to use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, state its refinancing guidelines required under 24 CFR 92.206(b). Response: The following are conditions under which the City will refinance existing debt secured by multifamily housing that is being rehabilitated: — Complete a City of Chula Vista affordable housing application and meet City funding guidelines. — Agree to a minimum affordable period of 55 Years. — The property has not previous received HOME funds. — The project must be located in the City of Chula Vista. — Subsidy amount must not exceed HUD limits. — Subject to approval by local governing bodies City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 23 of 30 2014-05-06 Agenda Packet Page 82 — Other requirements may be applied that are required by state, local, and federal law. Resale Provisions For homeownership activities, describe its resale or recapture guidelines that ensure the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4). Response: The City does not have a resale provision in place and instead uses recapture to ensure units remain affordable. City staff is considering using resale restrictions to ensure units remain affordable beyond the initial HOME affordability period. HOME Tenant-Based Rental Assistance Describe the local market conditions that led to the use of a HOME funds for tenant based rental assistance program. Response: As stated in the Housing and Special Needs section of the 2010-2015 Consolidated Plan, median rents countywide increased substantially during the decade: Between 2000 and 2009, the fair market rent for 2 bedroom units rose by $613/month. Annually, renters are paying about $7,400 more in rent costs than in 2000. To manage this increase in costs, household's annual income must have increased by$25,000. According to the U.S. Census, the median income of renters in Chula Vista has increased by just $5,800 between 2000 and 2008. Special needs populations encounter difficulties finding and paying for adequate housing and often require enhanced community services. If the tenant based rental assistance program is targeted to or provides a preference for a special needs group, that group must be identified in the Consolidated Plan as having an unmet need and show the preference is needed to narrow the gap in benefits and services received by this population. Response: The Consolidated Plan identifies the need to serve extremely and very low income households and special needs households. The populations that fall under special needs include those that are disabled, living in transitional housing or emergency shelter, victims of domestic violence, and foster youth. Due to the increased demand for rental assistance and limited HOME funds, the City may target the following group(s): Special needs households: including those who are homeless or at risk of becoming homeless with physical and/or developmental disabilities, emancipated foster youth, and victims of domestic violence. Displaced households: including households which are displaced from their primary residence as a result of an action of City or Agency, expiration of affordable housing covenants applicable to such residence, or closure of a mobile home or trailer park community in which the household's residence was located and such residents are not eligible to relocation assistance. To be eligible for assistance, household must have lived in such residence as their primary place of residence for at least one year but less than two years prior to such action or event. Additional preferences may be identified to address the needs of the community. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 24 of 30 2014-05-06 Agenda Packet Page 83 Other forms of investment If a participating jurisdiction intends to use forms of investment other than those described in 24 CFR 92.205(b), describe these forms of investment. Response: The City of Chula Vista, upon availability of funding, may pursue additional forms of investment subject to the funding source requirements such as Federal and State Funds. marketing plan Describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME-assisted units. Response: It is the City Of Chula Vista's practice to require housing developers to submit an Affordable Marketing Plan to the City's Fair Housing Contractor for review and City approval. In addition, housing developers are required to submit a Management Plan prior to approval of any affordable housing project. The City of Chula Vista works closely with its housing developers to ensure that the units at existing and new projects practice affirmative marketing practice and that each project contains the required number of Section 504 units. Describe actions taken to establish and oversee a minority outreach program within its jurisdiction to ensure inclusion, to the maximum extent possible, of minority and women, and entities owned by minorities and women, including without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such persons or entities,public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing under the HOME program or any other Federal housing law applicable to such jurisdiction. Response: By policy, the City prohibits discrimination against any person in pursuit of business opportunities on the basis of race, color, national origin, religion, sex, age, disability or veteran status. It is also City policy to provide minorities, women, and small businesses equal opportunity for participating in all aspects of the City's contracting and procurement programs, including but not limited to construction, development projects, procurement, professional services and lease agreements. In support of this, the City includes equal opportunity language in its requests for contracting opportunities. Additionally, Development Services will carry out the following activities to ensure the inclusion, to the maximum extent possible, of minorities and women in all contracting activities entered into by the City to facilitate the provision of affordable housing under the National Affordable Housing Act or any other applicable federal housing law: — Maintenance of a bid registry which includes minority- and woman-owned business enterprises (M/WBE) participating in the housing rehabilitation program. — Property owners are encouraged to select a contractor on their own and obtain bids for the rehabilitation work from contractors on the City's bid solicitation list. City encourages M/WBE to apply to be on the City's contractor list. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 25 of 30 2014-05-06 Agenda Packet Page 84 — All general contractors are encouraged to utilize M/WBE subcontracts and to take affirmative steps to do so. Provisions describing appropriate actions are made a part of each construction agreement. — The City continually seeks to increase the total number of qualified M/WBEs on the bid solicitation list. — Development Services department provides informational materials in bid packages about housing and development related contracting opportunities for M/WBEs. — The City will place a notice in the Star News describing the availability of contracting opportunities, as needed, to encourage contracting opportunities/for M/WBEs. — Notices of announcements for HOME and other housing related activities will be sent to appropriate community, trade, and nonprofit organizations throughout San Diego County when formal advertising is required. — The City of Chula Vista Development Services Division will participate in and/or conduct M/WBEs business opportunity-related meetings and seminars upon request. — CDBG Coordinator will maintain HUD-2516 records and steps taken to implement outreach activities to minority-owned and female-owned businesses including data on racial/ethnic or gender character of each business entity receiving a contract or subcontract of $10,000 or more paid, or to be paid, with CDBG or HOME funds; the amount of the contract or subcontract, and documentation of affirmative steps to assure that minority business and women's business enterprises have as equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. Minority Homeownership If a jurisdiction intends to use HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds, state its financing guidelines required under 24 CFR 92.206(b). Response: The City anticipates that 60% of households assisted with HOME homeownership assistance will be minorities. Due to the limited amount of HOME funds received each year, the City may consider refinancing existing debt if the following conditions are met. — Complete a City of Chula Vista affordable housing application and meet City funding guidelines. — Agree to a minimum affordable period of 55 Years, with a 20 City HOME affordability covenant recorded on the land. — The property has not previous received HOME funds. — The project must be located in the City of Chula Vista. — Subsidy amount must not exceed HUD limits. — Subject to approval by local governing bodies — Minimize Displacement City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 26 of 30 2014-05-06 Agenda Packet Page 85 C. HOPWA 91.220(1)(3) One year goals for the number of households to be provided housing through the use of HOPWA activities for: short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family, tenant-based rental assistance, units provided in housing facilities that are being developed, leased, or operated. Response: Please refer to the County of San Diego (www.sdhcd.org) and City of San Diego (www.sandiego.gov) Annual Action Plans for more details on the goals and distribution of HOPWA funds. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 27 of 30 2014-05-06 Agenda Packet Page 86 D. OTHER NARRATIVES AND ATTACHMENTS Include any action plan information that was not covered by a narrative in any other section. If optional tables are not used, provide comparable information that is required by consolidated plan regulations. E. MONITORING Monitoring for the City of Chula Vista is directed toward programmatic, financial and regulatory performance. The primary objects are to ensure that all sub-recipients: ■ Comply with pertinent regulations governing their administrative, financial, programmatic operations; ■ Achieve their performance objectives within schedule and budget; and, ■ Access capabilities and/or any potential needs for training or technical assistance in these areas. Careful evaluation of the housing and public service delivery system can be the most effective tool in detecting gaps and making appropriate modifications. As such, the City of Chula Vista monitors and evaluates its sub-recipients, CHDO's, and CBDO's as part of the pre-award assessment. Evaluation of the nature of the activity, proposed plan for carrying out the activity, the organization's capacity to do the work, and the possibility of potential conflicts of interest are within the pre-award assessment. After awards have been made Quarterly Progress reports are required of each sub-recipient, which must be current prior to approval of any request for reimbursement of expenditures. In addition to the Quarterly Progress reports, annual monitoring is conducted to ensure compliance with federal regulations. Agreements made with sub-recipients encourage uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided throughout the year, in addition to the City's annual Subrecipient training for new applicants. ............................................................................................................................................................................................................................................................................................................................................................... CDBG Projects During FY 2014-2015, the City of Chula Vista holds quarterly meeting with internal staff to ensure CDBG Program requirements are being met including program performance, monitoring, program income tracking, and to meet the CDBG 70% annual benefit test and expenditure standard by the deadline of April 30, 2014. The CDBG regulations require that at least 70% of annual expenditures benefit lower-income people. Subrecipients are monitored annually, with an onsite visit every other year and a desk audit annually, at a minimum. City Internal projects are monitoring by program staff. ............................................................................................................................................................................................................................................................................................................................................................... HOME Projects During FY 2014-15, the City monitors the monthly HOME Program Performance Reports and identifies if there are any commitment or expenditure issues (i.e. red flags). City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 28 of 30 2014-05-06 Agenda Packet Page 87 Affordable Housing Monitoring: Semi-Annually developers are required to submit to the City reporting on how each affordable housing project complies with the rent and income restrictions contained in the Regulatory Agreement. Due to funding reductions to the HOME program, the City of Chula Vista housing staff monitors the City of Chula Vista's HOME affordable rental unit portfolio. Due to changes in the HOME program rules, the City is establishing a new at risk monitoring tracking system to conform to the new HOME rules that went into effect August 2013. First Time Homebuyers are monitored annually by sending an owner occupancy certification letter, reviewing County records on homeowner's exemption, or by reviewing annual insurance policy certificates that are sent in by the insurance companies to ensure the unit is owner occupied. The City's First Time Homebuyers are pre-approved by the City so the monitoring takes place up front prior to the City entering into a regulatory agreement for each assisted unit. ............................................................................................................................................................................................................................................................................................................................................................... ESG Projects During FY 2014-2015, the ESG Program will meet the HUD requirements for commitment and expenditure of funds. ESG recipients are required to obligate all ESG amounts within 180 days of the date of the grant award made by HUD, and must expend all of the grant amounts within 24 months of the date of the grant award. All contracts were awarded by statutory deadline. The City of Chula Vista historically has only one ESG Subrecipient for an affordable housing project and administration of the Homeless Prevention and Rapid Re-Housing assistance program and is monitored in accordance with program requirements. F. MATCHING AND CHDO REQUIREMENTS Emergency Solutions Grant 1. Matching Resources a. Provide specific sources and amounts of new funding used to meet match as required by 42 USC 11375(a)(1), including cash resources, grants, and staff salaries, as well as in-kind contributions such as the value of a building or lease, donated materials, or volunteer time. The City's ESG grant is small ($141,899 in FY 2014-15). The match obligation is $141,899. South Bay Community Services sub-grant is for $68,277 for Shelter and $62,980 for Homeless Prevention and Rapid Re-Housing activities. A portion of the ESG funds will be used to cover HMIS. SBCS will meet their dollar for dollar match requirement by providing matching funds from their annual fundraising and foundation activities that specifically supports their programs in the amount of $141,899. The remaining match will come from in-kind services and leveraging of other funding. Therefore, the ESG funding match identified exceeds or meets the required minimum amount (100%). City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 29 of 30 2014-05-06 Agenda Packet Page 88 Home Investment Partnerships Act The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing rehabilitation, and acquisition and rehabilitation of housing. Due to the vast investment of Redevelopment Low and Moderate Income housing funds, the City has excess match from "Home Like" projects (that serve as match). Some examples include, land value (donated), on and off-site improvements, waiver of local and state taxes or fees, low-interest loans below market, and inclusionary housing obligations. The city exceeds the required yearly match, in which case the excess credit is applied to future projects. For fiscal year 2014/2015 the City has over $25 million in excess match carried over. Specific match dollar amounts are reported to HUD in the CAPER though its submittal of the HUD forms 40107-A HOME Match Log. City of Chula Vista 2014/2015 Annual Action Plan Action Plan—Page 30 of 30 2014-05-06 Agenda Packet Page 89 APPENDICES • APPENDIX A: SF-424 and Consolidated Plan Certifications • APPENDIX B: Table Ills—List of Proposed Projects • APPENDIX C: Public Comments received during the 30-day public comment period • APPENDIX D: Fair Housing Matrix • APPENDIX E: Performance Measurement Metrix • APPENDIX F: Public Notices City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 90 APPENDIX "A,?,? City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 91 �tplEN7pR, SF 424 @qN VE�4 Date Submitted 05/14/2014 Applicant Identifier Type of Submission B-14-MC-06-0540(CDBG); M-14-MC-0505(HOME); S-14-MC-06-0540(ESG) Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑Construction ❑ Non Construction ❑ Non Construction Applicant Information urisdiction City of Chula Vista UOG Code CA 060720 Street Address Line 1: 276 Fourth Avenue Organizational DUNS 078-726551 Street Address Line 2 Organizational Unit: Local City Government City: Chula Vista JCalifornia Department Development Services Department ZIP: 91910 JCountry U.S.A. Division Housing Division Employer Identification Number(EIN): County San Diego 95-6000690 Program Year Start Date(MM/DD) 07/01/2015 Applicant Type: Specify Other Type if necessary: Local Government:City Specify Other Type U.S. Department of Program Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);Areas Affected by Project(s) (cities,Counties, localities etc.); Estimated Funding COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 14.218 Entitlement Grant CDBG Project Titles: CDBG entitlement will be used for Description of Areas Affected by CDBG Project(s) housing projects, rehabilitation activities,various public City of Chula Vista services,administration and planning,and capital improvement projects to improve the suitable living environments//provide decent housing to low income persons. $CDBG Grant Amount: $1,719,498 $Additional HUD Grant(s) Describe Leveraged $Additional Federal Funds Leveraged$0.00 $Additional State Funds Leveraged$0.00 $Locally Leveraged Funds $0.00 $Grantee Funds Leveraged$0.00 $Anticipated Program Income $100,000.00 Other(Describe) Total Funds Leveraged for CDBG-based Project(s): HOME INVESTMENT PARTNERSHIPS ACT(HOME) 14.239 HOME HOME Project Titles: HOME Investment Partnership funds Description of Areas Affected by HOME Project(s) will be used for a variety of housing programs,including but not limited to the production of affordable housing units. $HOME Grant Amount $631,125 $Additional HUD Grant(s) Leveraged Describe$0.00 $0.00 $Additional Federal Funds Leveraged$0.00 $Additional State Funds Leveraged$0.00 $Locally Leveraged Funds$0.00 $Grantee Funds Leveraged$0.00 $Anticipated Program Income $0.00 Other(Describe) $157,781(25%Match Requirement) Total Funds Leveraged for HOME-based Project(s): $149,681(estimated) 2014-05-06 Agenda Packet Page 92 EMERGENCY SOLUTIONS GRANT(ESG) 14.231 ESG ESG Project Titles: ESG funding will be used for operations Description of Areas Affected by ESG Project(s) and essential services for homeless activities $ESG Grant Amount$141,125 $Additional HUD Grant(s) Leveraged$0.00 Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged$0.00 $Locally Leveraged Funds $0.00 $Grantee Funds Leveraged$0.00 $Anticipated Program Income $0.00 Other(Describe)$141,125 Match by City/non-profit provider Total Funds Leveraged for ESG-based Project(s) $141,125 Congressional Districts of: Is application subject to review by state Executive Order 12372 Applicant Districts: 51st Project Districts Process? Is the applicant delinquent on any federal debt?If ❑Yes This application was made available to the state EO "Yes" please include an additional document 12372 process for review on DATE explaining the situation. ❑ No Program is not covered by EO 12372 ❑Yes ® No ® N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name ANGELICA Middle Initial Last Name DAVIS Title Project Coordinator Phone 619-691-5036 Fax 619-585-5698 Email: Grantee Website Other Contact: adavis @chulavistaca.gov www.chulavistaca.gov/cvrh Jose Dorado,Project Coordinator (619)476-5375; 'dorado @chulavistaca.gov Signature of Aut orized Repre ntati Jame .Sa val ity Manager Date Signed: May 14,2014 2014-05-06 Agenda Packet Page 93 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;and. 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. J D. Sandoval, ula Vista City Manager Date 2014/15 Annual Action Plan Certifications Page 1 of 1 2014-05-06 Agenda Packet Page 94 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds--It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight.The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2014 (a period specified by the grantee consisting of one,two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. 2014/15 Annual Action Plan CDBG Certifications Page 2 of 3 2014-05-06 Agenda Packet Page 95 Excessive Force--It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B,J, K and R; Compliance with Laws--It will comply with applicable laws. 3l �/ am s D.Sandoval, Ch ista City Manager Date 2014/15 Annual Action Plan CDBG Certifications Page 3 of 3 2014-05-06 Agenda Packet Page 96 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance-- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability,and availability of decent,safe,sanitary, and affordable housing. Eligible Activities and Costs--it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214. Appropriate Financial Assistance-- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; '0 Ja es D. Sandov I,C la Vista City Manager Date 2014/15 Annual Action Plan HOME Certifications Page 1 of 1 2014-05-06 Agenda Packet Page 97 ESG Certifications The Emergency Solutions Grants Program Recipient certifies that: 1. Major rehabilitation/conversion — If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion. In all other cases where ESG funds are used for renovation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. 2. Essential Services and Operating Costs — In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the jurisdiction will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the jurisdiction serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area. 3. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. 4. Supportive Services — The jurisdiction will assist homeless individuals in obtaining permanent housing, appropriate supportive services ( including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for such individuals. 5. Matching Funds—The jurisdiction will obtain matching amounts required under 24 CFR 576.201. 6. Confidentiality—The jurisdiction has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. 7. Homeless Persons Involvement — To the maximum extent practicable, the jurisdiction will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program. 8. Consolidated Plan —All activities the jurisdiction undertakes with assistance under ESG are consistent with the jurisdiction's consolidated plan. 9. Discharge Policy—The jurisdiction will establish and implement, to the maximum extent practicable and where appropriate policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. Jam s D. Sando al, Ala Vista City Manager Date 2014/15 Annual Action Plan ESG Certifications Page 1 of 1 2014-05-06 Agenda Packet Page 98 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants,for grantees other than individuals, need not be identified on the certification. If known,they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application,the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: 276 Fourth Avenue,Chula Vista,CA 91910 The certification with regard to the drug-free workplace is required by 24 CFR part 21. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: a) "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); 2014/15 Annual Action Plan Appendix to Certifications Page 1 of 2 2014-05-06 Agenda Packet Page 99 b) "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; c) "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture,distribution, dispensing, use, or possession of any controlled substance; d) "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: i. All "direct charge"employees; ii. All "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and iii. Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). 2014/15 Annual Action Plan Appendix to Certifications Page 1 of 2 2014-05-06 Agenda Packet Page 100 APPENDIX " B"? City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 101 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Meals on Wheels Description: I 11DIS Project #: 1965 UOG Code: ICA60720 CHULA VISTA Meals-on-Wheels will deliver meals to homebound Chula Vista seniors. Meals will be delivered for 365 days a year, including holidays, by volunteers who do not only deliver a meal, but provide social contact to many home-bound seniors need to combat isolation. Location: Priority Need Category Community Wide Select one: Public Services Explanation: Expected Completion Date: Improve access to service or benefit. 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for law/mad income persons 7 Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People Proposed 219 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E 01 People W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05A Senior Services 570.201(e) �J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG W I Proposed Amt. $ 12,000.00 Fund Source: w " Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: W Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 01-Meals on Wheels 1 CPMP 2014-05-06 Agenda Packet Page 102 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lInterfaith Shelter Network Description: I 11DIS Project #: 966 UOG Code: ICA60720 CHULA VISTA The project will provide seasonal night-time shelter to homeless individuals and services to assist moving towards transitional or permanent housing. Shelter guests are referred to sub-contracted social service agencies for intake, screening, and on-going case management, and then vouchered into facilities at area churches and synagogues for shelter, meals and support. Location: Priority Need Category Citywide Select one: Homeless/HIV/AIDS Explanation: Expected Completion Date: Improve access to service or benefit/provide shelter to case 06/ 0 01 managed homeless families and individuals. O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons F Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 10 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05 Public Services(General) 570.201(e) Matrix Codes Matrix Codes 9W Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG Proposed Amt. $11,000.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 10 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 02-Interfaith 2 CPMP 2014-05-06 Agenda Packet Page 103 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Lutheran Social Services - Project Hand Description: I 11DIS Project #: 1967 UOG Code: ICA60720 CHULA VISTA Project Hand is a food pantry in Chula Vista located at St. Mark's Church, distributing emergency food supplies to hungry families throughout the South Bay. Hours of operation are Monday through Friday from 9:00 am until 2:00 pm. Location: Priority Need Category St. Marks Church; Hilltop Drive Select one: Public Services � Explanation: Improve access to service or benefit. 06/ 0 O1 O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons 7 Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 5100 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05M Health Services 570.201(e) �J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG 1 I Proposed Amt. $ 12,200.00 Fund Source: w " Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: W Proposed Amt. Actual Amount Actual Amount E M 01 People W Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 03-LSS Project Hand 3 CPMP 2014-05-06 Agenda Packet Page 104 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ISouth Bay Community Services South Bay Food Program Description: I 11DIS Project #: 1968 UOG Code: ICA60720 CHULA VISTA The South Bay Food Program includes Thursday's Meal (weekly hot meals), Feeding America's Metro Mobile Pantry program which has expanded to a second Chula Vista location, Emergency Food Assistance Program and SBCS's in-house Emergency Food Program for homeless and needy Chula Vista residents/families in need of food services and support. Location: Priority Need Category 1124 Bay Boulevard; Ste D Chula Vista, CA 91910 Select one: Homeless/HIV/AIDS Explanation: Expected Completion Date: Improve access to service or benefit. 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons F Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 300 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05 Public Services(General) 570.201(e) �J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG Proposed Amt. $10,000.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 500 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 04-SBCS Food 4 CPMP 2014-05-06 Agenda Packet Page 105 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ISan Diego Food Bank-Food 4 Kids Backpack Program Description: IDIS Project #: 969 UOG Code: CA60720 CHULA VISTA The program provides a backpack full of child-friendly food to children who are on the free breakfast or lunch program at their elementary school, but show evidence of suffering from hunger over the weekend. 75 children at Harborside Elementary and 25 at Lauderbach have been identified as suffering from chronic hunger and will receive a backpack every Friday during the 36-week school year. Location: Priority Need Category Lauderback Elementary & _ Harborside Elementary Select one' Explanation: Expected Completion Date: Improve access to service or benefit. 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 F Availability/Accessibility _ f_1 Affordability 2 ❑ Sustainability 3 Proposed 75 w Proposed +� Underway Underway O Complete Complete E Proposed Proposed V _ Underway Underway CC Complete Complete L 0 a V Proposed Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 1W 1W Ln w Proposed Amt. $15,000.00 W Proposed Amt. L Actual Amount Actual Amount cC } w Proposed Amt. w Proposed Amt. Actual Amount Actual Amount E cLC Proposed Units 75 w Proposed Units 01 Actual Units Actual Units O L w Proposed Units w Proposed Units CL Actual Units Actual Units 05 - Food Bank 5 CPMP 2014-05-06 Agenda Packet Page 106 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ISouth Bay Community Services Family Violence Treatment Program Description: I 11DIS Project #: 1970 UOG Code: ICA60720 CHULA VISTA The Family Violence Treatment Program provides therapeutic counseling services and crisis intervention services to adult and children victims of family violence, as well as treatment and court-mandated groups for perpetrators. Location: Priority Need Category 430 F Street Chula Vista, CA 91910 Select one: Public Services Explanation: Expected Completion Date: Services for Limited Clientele (abused/battered spouses and 06/ 0 01 children). O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for law/mod income persons Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 Ul 01 People Proposed 389 Accompl. Type: w Proposed +� Underway Underway O Complete Complete d t Accompl. Type: V Proposed Accompl. Type: w Proposed T � V _ Underway Underway CComplete Complete d. U Accompl.Type: V Proposed Accompl.Type: w Proposed U Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living envir. 05G Battered and Abused Spouses 570.201(e) J Matrix Codes Matrix Codes vth Matrix Codes Matrix Codes Matrix Codes Ln CDBG w Proposed Amt. $39,000.00 Fund Source: Proposed Amt. i Actual Amount Actual Amount cC O Fund Source: w Proposed Amt. Fund Source: v Proposed Amt. } Actual Amount Actual Amount E M 01 People v Proposed Units 389 Accompl.Type: v Proposed Units (M Actual Units Actual Units O CL Accompl.Type: w Proposed Units Accompl.Type: v Proposed Units Actual Units Actual Units 06-SBCS Family Violence 6 CPMP 2014-05-06 Agenda Packet Page 107 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ISouth Bay Community Services High Risk/Homeless Youth Services Description: I 11DIS Project #: 1971 UOG Code: ICA60720 CITY OF CHULA VIS SBCS will provide services, support and opportunities for high-risk and homeless youth in order to assist them to build healthy, stable and productive, lives, avoiding first-time contact with law enforcement, homelessness, substance abuse, and/or gang involvement. Location: Priority Need Category 430 F Street Chula Vista, CA 91910 Select one: Public Services Explanation: Expected Completion Date: Improve access to service or benefit. 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ❑ Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 240 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living envir. 05D Youth Services 570.201(e) Matrix Codes Matrix Codes Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG Proposed Amt. $39,550.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 240 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 07-SBCS Youth 7 CPMP 2014-05-06 Agenda Packet Page 108 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: JCV Community Collaborative- Assessment, Referral and Emergency Svs Description: IDIS Project #: 972 UOG Code: CA60720 CHULA VISTA Low income Chula Vista families will be assessed to determine their needs and will be assisted with coordination of services, referrals, and emergency services. Services will be provided through five Family Resource Centers in Chula Vista. Families will be assisted with immediate and emergency needs and will be connected to ongoing categorical services. Location: Priority Need Category Citywide Select one: Public Services Explanation: Expected Completion Date: Improve access to service or benefit. 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons 7 Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 317 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05 Public Services(General) 570.201(e) W Matrix Codes Matrix Codes 9W Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG Proposed Amt. $39,312.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 317 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 08-Collaborative 8 CPMP 2014-05-06 Agenda Packet Page 109 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lChulla Vista Recreation Therapeutics Program Description: I 11DIS Project #: 973 JUOG Code: ICA60720 CHULA VISTA CDBG funds will be used for direct service delivery to community members who have a developmental or physical disability, including children, teens and adults. Funds will cover staff costs, trainings, supplies and materials. The program will offer scheduled and supervised activities designed to be educational, healthy, and recreational based. Activities are designed to build social skills, self esteem, independence, activities of daily living, and sportsmanship. Location: Priority Need Category City Wide Public Services Select one: Explanation: Expected Completion Date: Improve access to service or benefit. 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Increase range of housing options&related services for persons w/ special needs 7 Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 100 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05 Public Services(General) 570.201(e) Matrix Codes Matrix Codes W Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG Proposed Amt. $20,100.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 100 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 09-Therapeutics 9 CPMP 2014-05-06 Agenda Packet Page 110 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lCenter for Employment Opportunities Description: I 11DIS Project #: 974 UOG Code: ICA60720 CHULA VISTA Program provides 15 at-risk young adults (18-25) returning home from prison and jail with life skills education, paid transitional work, full time job placement and 12 months of retention services. These individuals will have limited employment histories, low educational attainment levels and no source of legitimate income. Location: Priority Need Category City Wide Select one: Public Services Explanation: Expected Completion Date: Improve access to service or benefit. 06/,ZQJ O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve economic opportunities for low-income persons 7 Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 10 Accompl. Type: Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05H Employment Training 570.201(e) Matrix Codes Matrix Codes 9W Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG Proposed Amt. $14,000.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 10 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 10-Center for Employment Opps 10 CPMP 2014-05-06 Agenda Packet Page 111 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Family Health Centers of San Diego KidCare Express Mobile Unit Description: I 11DIS Project #: 975 1 UOG Code: I UOG Code FHCSD's KidCare Express Mobile Medical Unit program proposes to continue providing needed high-quality primary health care services to low income medically underserved children and their families within the City of Chula Vista. Location: Priority Need Category Low Moderate Income Census Tracts Select one: Non-homeless Special Needs Explanation: Expected Completion Date: 06/,jQj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mad income persons 7 Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 2300 Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome 05M Health Services 570.201(e) Matrix Codes Matrix Codes 9W Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG Proposed Amt. $13,600.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 1000 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 11-KidCare 11 CPMP 2014-05-06 Agenda Packet Page 112 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Norman Senior Center Services Description: I 11DIS Project #: 1976 UOG Code: ICA60720 CHULA VISTA CDBG funds would be used to maintain four hours of operation, open on Fridays, to the public at Norman Park Senior Center, 8:00 AM - 12:00 PM. Funds will be used to support programs and services Monday - Friday, 12:00-5:00 PM. Programs of free ESG classes, conversational Spanish, blood pressure clinics, fitness classes, information/referral services and "are you okay" phone calls made to the mobility impaired aging community and more. Location: Priority Need Category Citywide Public Services Select one: Explanation: Expected Completion Date: Improve access to service or benefit. Improve the quality of owner 06/ 0 0i occupied housing for income eligible seniors for minor repair assistance. Provide assistance in applying for City of Chula Vista O Decent Housing Community Housing Improvement Program and Christmas in OO Suitable Living Environment October. O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons 7 Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed 350 Accompl. Type: Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of People Served a suitable living environ. 05A Senior Services 570.201(e) �J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG Proposed Amt. $30,000.00 Fund Source: W i Proposed Amt. i Actual Amount $ Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 01 People w Proposed Units 350 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 12-Norman 12 CPMP 2014-05-06 Agenda Packet Page 113 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lFair Housing Counseling Services 2014-2015 Description: I 11DIS Project #: 977 UOG Code: ICA 60720 Chula Vista Affirmatively further fair housing by providing outreach and education regarding fair housing services, legal rights and responsibilities of landlords under the Fair Housing Act, provide technical assistance to industry professionalsm and maintain programs and procedures under which Citizens of Chula Vista may register complaints regarding their allegations of unlawful housing discrimination and seek enforcement assistance. Location: Priority Need Category 276 Fourth Avenue Chula Vista, CA 91910 Select one: Planning/Administration Explanation: Expected Completion Date: 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ❑ Availability/Accessibility _ ❑ Affordability 2 D Sustainability 3 Other w Proposed Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome People Served 053 Fair Housing Activities(if CDBG,then subject to 570.201(e) J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG 1 I Proposed Amt. $ 32,000 Fund Source: w " Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: W Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 13-Fair Hsng 13 CPMP 2014-05-06 Agenda Packet Page 114 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ISection 108 Loan Payment Castle Park Infrastructure Improvements Description: IDIS Project #: 978 UOG Code: CA60720 CHULA VISTA Debt service payment for Section 108 Loan which was used for infrastructure improvements in the Castlepark Area. Location: Priority Need Category Castle Park Area of Chula Vista Select one: Infrastructure Explanation: Expected Completion Date: Improved Access to a Service or Benefit 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve quality/ increase quantity of public improvements for lower income persons 1W F Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 01 People w Proposed Accompl. Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility of a suitable living environ. 19F Planned Repayment of Section 108 Loan Principal �J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG Proposed Amt. $756,715.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 14- S. 108 14 CPMP 2014-05-06 Agenda Packet Page 115 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lCity of Chula Vista Housing Services Description: I 11DIS Project #: 979 UOG Code: ICA60720 CHULA VISTA Funds are used to cover staff costs associated with projects and programs funded through the HOME program. Examples of services provided include the following: Energy auditing, preparation of work specifications, reviewing of applications, loan processing, inspections, tenant selection, and assisting owners, tenants, contractors, and other entities participating or seeking to participate in housing projects assisted with the HOME program. Location: Priority Need Category City Wide Other � Select one: Explanation: Expected Completion Date: 06/,JQJ OO Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Increase the supply of affordable rental housing ❑ Availability/Accessibility 2 Improve the quality of affordable rental housing � 0 Affordability ❑ Sustainability 3 Increase the availability of affordable owner housing 1W 01 People w Proposed 15 Accompl.Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome N/A N/A 14H Rehabilitation Administration 570.202 Matrix Codes Matrix Codes 9W Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG Proposed Amt. $50,000 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 15-Hsng Svcs 15 CPMP 2014-05-06 Agenda Packet Page 116 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lUrban Corps Green Streets Description: I 11DIS Project #: 980 UOG Code: ICA 60720 CHULA VISTA The Green Streets project will provide interior and exterior home improvements, basic weatherization, minor rehabilitation, and minor home security improvements to 10 Low Moderate Income (LMI) households in Chula Vista and distribute "do-it-yourself' water and energy conservation kits to an additional 20 LMI households. If there are additional health and safety related issues identified, City staff will conduct an inspection and provide financial assistance for the necessary improvements through the City's Community Housing Improvement Program (CHIP). Location: Priority Need Category Community Wide Select one: Owner Occupied Housing Explanation: Expected Completion Date: The Green Streets project will provide interior and exterior home improvements,basic weatherization,minor 06/ 0 O1 rehabilitation,and minor home security improvements to 10 Low Moderate Income(LMI)households in Chula Vista and distribute"do-it-yourself'water and energy conservation kits to an additional 20 LMI households. If there are additional health and safety related issues identified,City staff will conduct an inspection and provide financial assistance for the 0 Decent Housing necessary improvements through the City's Community Housing Improvement Program(CHIP). O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Improve the quality of owner housing F Availability/Accessibility _ ❑ Affordability 2 ❑ Sustainability 3 04 Households w Proposed 40 Accompl.Type: w Proposed +� Underway Underway 9 O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome N/A N/A 14F Energy Efficiency Improvements 570.202 �J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG 1 I Proposed Amt. $ 150,000 Fund Source: w " Proposed Amt. i Actual Amount Actual Amount co } Fund Source: w Proposed Amt. Fund Source: W Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: W Proposed Units 40 Accompl.Type: W Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 16-Green Streets 16 CPMP 2014-05-06 Agenda Packet Page 117 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Landis Studios Description: I 11DIS Project #: 981 UOG Code: ICA60720 CHULA VISTA The project consists of the rehabilitation and creation of 7 affordable housing units in the existing structure located at 192-196 Landis Avenue. The units will be used for housing opportunities for the homeless. Location: Priority Need Category 192-196 Landis Avenue; Chula Vista, CA 91910 Select one: Rental Housing Explanation: Expected Completion Date: 06/,ZQJ O Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 ❑ Availability/Accessibility _ f_1 Affordability 2 ❑ Sustainability 3 1W 04 Households w Proposed 7 Accompl.Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome N/A N/A 14B Rehab; Multi-Unit Residential 570.202 Matrix Codes Matrix Codes 9W Matrix Codes Matrix Codes 1W Matrix Codes Ln CDBG w Proposed Amt. 450,000.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 17-SBCS Landis 17 CPMP 2014-05-06 Agenda Packet Page 118 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: 1CDBG Administration and Planning 2014-2015 Description: I 11DIS Project #: 982 UOG Code: ICA60720 Chula Vista Administration funds will be utilized for costs associated with the management and administration of Chula Vista's CDBG program, including planning, regulatory compliance, contract administration, environmental assessments and fiscal management. Location: Priority Need Category 276 Fourth Avenue; Chula Vista, CA 91910 Select one: Planning/Administration Explanation: Expected Completion Date: 06/,Zpj O Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 ❑ Availability/Accessibility _ f-1 Affordability 2 ❑ Sustainability 3 Accompl.Type: w Proposed Accompl.Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome N/A N/A 21A General Program Administration 570.206 �J Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Ln CDBG w Proposed Amt. $316,865 Fund Source: w " Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: W Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 18-CDBG Admin 18 CPMP 2014-05-06 Agenda Packet Page 119 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ESG Program-Homeless and Rapid Re-Housing Description: I 11DIS Project #: 986 JUOG Code: ICA60720 Funding for assist homeless families or at risk homeless families with rental assistance. Location: Priority Need Category 276 Fourth Avenue Chula Vista, CA 91910 Select one: Homeless/HIV/AIDS Explanation: Expected Completion Date: Increased range of housing options and services by providing short- 06/ 0 01 term rental assistance. O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing 1W Availability/Accessibility Affordability 2 Increase the supply of affordable rental housing 1W ❑ ❑ Sustainability 3 04 Households w Proposed 4 Accompl.Type: w Proposed +� Underway Underway O Complete Complete E Accompl.Type: w Proposed Accompl. Type: W Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: w Proposed Accompl.Type: W Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome Availability/Accessibility/Sui Persons table Living Environ. Matrix Codes 'W Matrix Codes 1W Matrix Codes 'W Matrix Codes 1W Matrix Codes 'W Matrix Codes 1W Ln ESG w Proposed Amt. $62,980.00 Fund Source: w Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 04 Households w Proposed Units 7 Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL _ Actual Units Actual Units 19-HPRP 19 CPMP 2014-05-06 Agenda Packet Page 120 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: IESG Program-Planning and Administration Description: I 11DIS Project #: 985 JUOG Code: ICA60720 Administration funds will be utilized for staff costs associated with management and administration of Chula Vista's ESG program, including planning, contract compliance, regulatory compliance, contract administration, reporting, and fiscal management. Location: Priority Need Category 276 Fourth Avenue Chula Vista, Homeless/HIV/AIDS CA 91910 Select one: Explanation: Expected Completion Date: Funding to administer the ESG Program. 06/,Zpj O Decent Housing OO Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing F Availability/Accessibility 2 Increase the supply of affordable rental housing � ❑ Affordability ❑ Sustainability 3 04 Households Proposed n.a Accompl.Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl.Type: w Proposed V _ Underway Underway CC Complete Complete L_ V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome N/A N/A Matrix Codes W Matrix Codes 1W Matrix Codes 9W Matrix Codes Matrix Codes 1W Matrix Codes 1W Ln ESG Proposed Amt. $10,642.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M 04 Households w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 20-ESG Admin 20 CPMP 2014-05-06 Agenda Packet Page 121 CPMP Versic Grantee Name: CITY OF CHULA VISTA Project Name: South Bay Community Services-Casa Nueva Vida Description: I JIDIS Project 987 1 UOG Code: CA60720 CNVI offers the only permanent short-term shelter/housing program for homeless families with children in the South Bay region, including victims of domestic violence. Staff utilize a comprehensive strengths-based assessment, after which together with clients they developed an individualized treatment plan, to include any number of services including case management, Location: Priority Need Category 430 F Street Chula Vista, Homeless/HIV/AIDS CA 91910 Select one: Explanation: Increased range of housing options and services by providing short- Expected Completion Dato term shelter, beds, and case management. 06Q 2 5 O Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 Increase the supply of affordable rental housing Availability/Accessibility 2 Affordability 3 - 01 People Proposed 90 Proposed Underway Underway _ = Complete Complete a� a� E Proposed Proposed U Underway Underway W a Complete Complete o E a U U Proposed Proposed Underway Underway Complete Complete "Proposed Outcome Performance Measure Actual Outcome Availabilit /Accessibility/Suil Persons ESQ Proposed Amt $68,277.00 Proposed Amt L Actual Amoun Actual Amoun Proposed Amt Proposed Amt Actual Amoun Actual Amoun E 01 People w Proposed Unit 90 Proposed Unit p Actual Units Actual Units a Proposed Unit Proposed Unit Actual Units Actual Units 2014-05-06 Agenda Packet Page 122 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: HOME Administration and Planning Description: I 11DIS Project #: 1983 UOG Code: ICA60720 CHULA VISTA Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's HOME program, including planning, regulatory compliance, contract administration, and fiscal management. Location: Priority Need Category 276 Fourth Avenue Chula Vista, CA 91910 Select one: Planning/Administration Explanation: Expected Completion Date: 06/,ZQJ O Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 ❑ Availability/Accessibility _ f-1 Affordability 2 ❑ Sustainability 3 Accompl.Type: w Proposed Accompl.Type: w Proposed +� Underway Underway O Complete Complete E Accompl. Type: W Proposed Accompl. Type: w Proposed V _ Underway Underway CC Complete Complete L- V Accompl.Type: W Proposed Accompl.Type: w Proposed QUnderway Underway Complete lComplete Proposed Outcome Performance Measure Actual Outcome N/A N/A 21H HOME Admin/Planning Costs of PJ (subject to 5%cap Matrix Codes Matrix Codes 9W Matrix Codes Matrix Codes W Matrix Codes HOME w Proposed Amt. 63,112.00 Fund Source: W i Proposed Amt. i Actual Amount Actual Amount cC } Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amount E M Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units (M Actual Units Actual Units O L Accompl.Type: w Proposed Units Accompl.Type: w Proposed Units CL Actual Units Actual Units 22-HOME Admin 22 CPMP 2014-05-06 Agenda Packet Page 123 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ITenant Based Rental Assistance Program Description: I 11DIS Project #: 984 JUOG Code: ICA60720 HOME funds will be used to provide short-term(2 year)tenant-based rental assistance to Chula Vista residents. Assistance priority will be given to residents which are displaced from their primary residence as a result of any of the following:(i)expiration of affordable housing covenants applicable to such residence,(iii)closure of a mobilehome or trailer park community in which the household's residence was located,or(iv)a condominium conversion involving the household's residence. One member in the households must have resided in such housing as the primary place of residence for at least one year prior to such action or event. Location: Priority Need Category City Wide Select one: . Rental Housing Explanation: Expected Completion Date: 06/ 0 O1 OO Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 ❑ Availability/Accessibility _ Affordability 2 ❑ Sustainability 3 w Proposed 15 w Proposed +� Underway Underway O Complete Complete E Proposed W Proposed V _ Underway Underway CC Complete Complete L O a V w Proposed W Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome L Proposed Amt. $250,000.00 w Proposed Amt. L HOME Actual Amount Actual Amount c� } w Proposed Amt. w Proposed Amt. Actual Amount Actual Amount E cLC w Proposed Units 15 w Proposed Units 01 Actual Units Actual Units O L w Proposed Units w Proposed Units CL Actual Units Actual Units 23-TBRA 23 CPMP 2014-05-06 Agenda Packet Page 124 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lProduction of Affordable Housing Description: I 11DIS Project #: F JUOG Code: ICA60720 A notice of funding avaiability will be released for the production of affordable housing. The goal is to leverage funds with prior year HOME funds. Location: Priority Need Category City Wide Select one: . Rental Housing Explanation: Expected Completion Date: 06/ 0 O1 OO Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 ❑ Availability/Accessibility _ Affordability 2 ❑ Sustainability 3 w Proposed 2 w Proposed +� Underway Underway O Complete Complete E Proposed W Proposed V _ Underway Underway CC Complete Complete L O a V w Proposed W Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome L Proposed Amt. $112,372.00 w Proposed Amt. L CDBG Actual Amount Actual Amount c� } w Proposed Amt. w Proposed Amt. Actual Amount Actual Amount E cLC w Proposed Units 2 w Proposed Units 01 Actual Units Actual Units O L w Proposed Units w Proposed Units CL Actual Units Actual Units 24 -CDBG Hsng 24 CPMP 2014-05-06 Agenda Packet Page 125 Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: lProduction of Affordable Housing Description: I 11DIS Project #: F JUOG Code: ICA60720 A notice of funding avaiability will be released for the production of affordable housing. The goal is to leverage funds with prior year CDBG funds. Location: Priority Need Category City Wide Select one: . Rental Housing Explanation: Expected Completion Date: 06/ 0 O1 OO Decent Housing O Suitable Living Environment O Economic Opportunity Specific Objectives Outcome Categories 1 ❑ Availability/Accessibility _ Affordability 2 ❑ Sustainability 3 w Proposed 2 w Proposed +� Underway Underway O Complete Complete E Proposed W Proposed V _ Underway Underway CC Complete Complete L O a V w Proposed W Proposed QUnderway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome L Proposed Amt. $318,013.00 w Proposed Amt. L HOME Actual Amount Actual Amount c� } w Proposed Amt. w Proposed Amt. Actual Amount Actual Amount E cLC w Proposed Units 2 w Proposed Units 01 Actual Units Actual Units O L w Proposed Units w Proposed Units CL Actual Units Actual Units 25 -HOME Hsng 25 CPMP 2014-05-06 Agenda Packet Page 126 APPENDIX !! 11 The City conducted two public hearings and one public workshop to encourage public participation and testimony on the proposed use of the CDBG, HOME and ESG funds. In addition, the 2014/15 Annual Action Plan was available for a thirty day review period. No comments or questions were received during this period. City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 127 APPENDIX " D,?,? City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 128 City of Chula Vista ACTION PLAN TO ADDRESS IMPEDIMENTS TO FAIR HOUSING 2014/2015 IMPEDIMENTS TO BE GOALS OR STRATEGIES LEAD ENTITY TO STATUS ADDRESSSED TO MEET THE GOALS MEET GOAL 1.The City of Chula Vista's Amend its density bonus As part of the General Plan City Housing and COMPLETED Zoning Ordinance was not ordinance to comply with update and adopt appropriate Planning staff. IN 2012 amended to include a density State Law land use policies,and then bonus ordinance consistent process and adopt an with State Law amended Zoning Ordinance to address this issue 2. The City of Chula Vista Amend the City's Zoning As part of the General Plan City Housing and To be Zoning Ordinance was not Ordinance to expressly update adopt appropriate Planning staff. completed in amended to expressly address address and permit land use policies,and then 2014 and permit licensed residential licensed residential care process and adopt an care facilities consistent with facilities consistent with amended Zoning Ordinance to the Lanterman Developmental the Lanterman address this issue. Disabilities Act. Developmental Disabilities Services Act. 3. The Chula Vista Zoning Amend its Zoning As part of the General Plan City Housing and To be Ordinance was not amended to Ordinance to explicitly update adopt appropriate Planning staff. completed in explicitly address and permit by address and permit by land use policies,and then 2014 right or with a conditional Use right or with a process and adopt an Permit licensed residential Conditional Use Permit amended Zoning Ordinance to care facilities serving seven or licensed residential care address this issue. more persons in any residential facilities serving seven or zoning district. more persons in any residential zoning district. 4. Chula Vista has not yet Establish a formal Establish official policy which Chula Vista COMPLETED established procedures for reasonable addresses reasonable Housing and IN 2012 obtaining reasonable accommodation accommodation procedures. Planning staff. accommodations pursuant to procedure to grant ADA. exceptions in zoning and land use for persons with disabilities. 5. Substandard housing Identify,and when Modify housing rehabilitation Chula Vista ESTABLISHED conditions tend to impact feasible, implement program to make financial Housing Staff PROGRAM minority households programs that improve assistance for accessibility ONGOING disproportionately. substandard housing improvements available for conditions. renters as well as homeowners 6. Fair Housing service Obtain additional funds Encourage the selection of Chula Vista ONGOING providers should actively for service providers to organizations that meet Housing Staff pursue Fair Housing Initiative conduct fair housing criteria to receive FHIP funds. Program (FHIP) Funds. testing services. Encourage fair housing providers to seek FHIP funds for fair housing testing services. � 1 2014-05-06 Agenda Packet Page 129 City of Chula Vista ACTION PLAN TO ADDRESS IMPEDIMENTS TO FAIR HOUSING 2014/2015 IMPEDIMENTS TO BE GOALS OR STRATEGIES LEAD ENTITY TO STATUS ADDRESSSED TO MEET THE GOALS MEET GOAL 7, Limited educational and Increase availability of Ensuring ease of access to While this ONGOING outreach literature regarding media regarding fair information about fair impediment fair housing issues, rights,and housing issues, rights, housing on websites with links applies to all services on websites/public and services between jurisdiction and jurisdictions,the counters contracted service provider. cities of Chula Prominently display Vista,Coronado, information on public Del Mar, counters and other points of Imperial Beach, public contact such as Lemon Grove, libraries and community San Diego, centers. Solano Beach, National City, La Increase knowledge of the Mesa,and process of reporting Escondido complaints and should provide access/referral to government additional links entities: DFEH/HUD/DOJ. and detailed information Update City and Fair Housing about fair (FH) Provider websites and housing on their linkages websites. � 2 2014-05-06 Agenda Packet Page 130 APPENDIX " E"? City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 131 2010-2015 Performance Measurement Matrix 7isitionlRe g Opportunities 0 150 0 55 172 taion(Trenton) DH-1 CDBG Number of Housing Units Created 0 7 0 0 0 7 DH-1 HOME Number of Housing Units Created 0 143 0 0 0 143 Lanis-Waean DH-1 HOME Number of Housing Units Created 0 0 0 0 33 0 SBCS'Landis Studios DH-1 CDBG Number of Housing Units Created 0 0 0 0 7 7 Tenant Based Rental Assistance DH-1 HOME Number of Households Assisted 0 0 0 0 15 15 Maintenance and Preservation of Exising Housing Stock 50 15 2 1 4 5 48 Owner Occupied Rehabilitation Program(CHIP) DH-1 CDBG 15 2 1 4 20 18 Urban Corp Green Streets DH-1 HOME Number of Housing Units Preserved 0 0 0 0 30 30 P omeownership Opportunities 0 6 9 2 2 5 17 DownPayment and Closing Cost Assistance DH-2 HOME Number of Households 6 9 2 2 5 17 Outcome/ Source of Performance Measurement Five 2010 2011 2012 2013 2014 Ti'a' O. Funds (indicator) Goal Accomp. Accomp Accomp Goal J III. Community Development Priorities Code Goal 5-Year Go Improvements 15,000 30,508 0 0 21,618 0 31,508 3rd Avenue Streetscape Project SL-1 CDBG 0 0 0 19,618 0 0 Section 108 Loan Repayment(Year 3) SL-1 CDBG Number of Persons Benefitting from n/a n/a n/a n/a n/a n/a Sidewalk Annual Program(STL 295/320) SL-1 CDBG Improved Infrastructure 30,508 0 0 0 0 30,508 Rice Elementary Fire Sprinkler SL-1 CDBG 0 0 0 2,000 0 1,000 Community Facilities 50 1 24 0 0 301 ADA Curb Cut Program SL-1 CDBG 276 0 24 0 0 300 Lauderbach Security Project SL-1 CDBG Number of Public Facilities Improved 0 1 0 0 0 1 Community Enhacement 50 0 40,843 0 0 0 40,843 Number of households benefitting Graffiti Removal Program SL-1 CDBG from remediated site 0 400 0 0 0 400 Number of People Benefitting from Graffiti Removal Program-Private SL-1 CDBG Improvement 0 40,443 0 0 0 40,443 Special Needs and Homeless Priorities(Public 10,000 51,972 13,453 5,328 3,688 8,692 71,139 Services) KidCare Express Medical Mobile Unit SL-1 CDBG 1,889 1,162 1,880 1,100 1,100 4,931 WizKidz Program SL-1 CDBG Number YOUTH receiving improved services 36 0 0 0 0 36 Food 4 Kids Backpack Program SL-1 CDBG 75 75 75 75 75 225 Meals on Wheels SL-1 CDBG 218 271 341 300 300 830 services Adult Day Health Care Transportation SL-1 CDBG Number ELDERLY receiving improved 263 114 50 0 0 427 Norman Senior Center Services SL-1 CDBG 400 919 840 400 400 2,159 Lutheran Social Services Project Hand SL-1 CDBG 6,033 2,763 0 0 5,100 8,796 Project Homeless Connect SL-1 CDBG 0 0 91 0 0 91 Services for High-Risk and Homeless Youth SL-1 CDBG Number HOMELESS receiving 300 340 369 240 240 1,009 Casa Nueva Vida SL-1 ESG improved services 93 146 95 140 140 334 Hotel Voucher Program SL-1 CDBG 238 0 0 0 0 238 Interfaith Shelter Network SL-1 CDBG 30 28 35 30 30 93 LSS-Caring Neighbor SL-1 CDBG 68 0 0 0 0 68 Food Program(formerly Thursdays Meal) SL-1 CDBG Number PEOPLE(GENERAL) 390 300 350 300 300 1,040 Assessment,Referral and Emergency Services SL-1 CDBG receiving improved services 325 324 362 475 475 1,011 Family Violence Treatment SL-1 CDBG 585 618 561 385 389 1,764 Sharp Healthcare Foundation SL-1 CDBG 0 0 0 100 0 100 Center for Employment Opportunities SL-1 CDBG 0 0 0 28 28 56 Chula Vista Recreation Therapeutics SL-1 CDBG Number of SPECIAL NEEDS persons 0 0 0 100 100 200 receiving improved services Chula Vista Homeless Prevention/Rapid ReHousin€ SL-1 ESG 0 0 0 15 15 30 Chula Vista Veterans Rehabilitation Services SL-1 CDBG 586 279 279 0 0 1,144 Graffiti Removal Program-Public Spaces SL-1 CDBG Number of Structures remediated 40,443 6,114 0 0 0 46,557 goguamejam CDBG Program Administration N/A CDBG N/A HOME Program Administration N/A HOME N/A ESG Program Administration N/A ESG N/A Fair Housing Counseling Services N/A CDBG N/A-Administration Activity N/A Housing Services DH-1 CDBG Linked to Other Housing Activities Region)Task Force on the Homeless N/A CDBG N/A Availability Outcome/Objective Codes: /Accesibility ffordabilit Sustainability Decent Housing DH-1 DH-2 DH-3 Suitable Living Environment SL-1 SL-2 SL-2 Economic Opportunity EO-1 EO-2 EO-3 *2 Activities that contain a zero(0)under Accomplishment were not funded during the program year. 2014-05-06 Agenda Packet Page 132 APPENDIX " F,?,? City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 133 AFFP 55312 Odd apex Affidavit of Publication STATE OF CALIFORNIA} SS CITY OF CHULA VISTA COUNTY OF SAN DIEGO} NOTICE OF PUBLIC HEARING AND PUBLIC REVIEW ON THE 2012/2013 ANNUAL ! am a citizen of the United States and a resident of the PERFORMANCE EVALUATION REPORT AND NOTICE OF FUNDING county aforesaid;I am over the age of eighteen years,and ANDIESG FEDERAL GRANT PROGRAMS PROGRAM YEAR FOR THE CDBG HOME not a party to or interested in the above-entitled matter I am the principle clerk of the printer of THE STAR-NEWS, NOTICE IS HEREBY GIVEN that the City of Chula Vista will hold a Public Hearing a newspaper of general circulation, published ONCE pertaining to the Department of Housing and Urban Development block grants on WEEKLY in the city of Chula Vista and the South Bay November 5 2013 2:00 pm in City Council Chambers Judicial District, County of San Diego, which newspaper 2012/2013 Annual Performance Evaluation Report: has been adjudged a newspaper of general circulation by The City has prepared the Consolidated Annual Performance Evaluation Report the Superior Court of the County of San Diego, State of (CAPER)to report 2012/2013 program year financial and beneficiary information as California, under the date of January 18, 1973, Case measurement star da ds s goals and objectives based on HUD performance Number 71752;that the notice, of which the annexed is a printed copy(set in type not smaller than nonpareil), has 2014/2015 Grant Program Year For fiscal year 2014/2015,the City anticipates receiving three sources been published in each regular and entire issue of said of turtling newspaper and not in any supplement thereof on the HOME,-and The amounts$1 9 000 foraESGpproximately$1 700 000 for CDBG;$550 000 for following dates, to-wit: The City of Chula Vista invites non-profit and for-profit organizations to submit October 25,2013, November 01,2013 proposals to provide affordable housing,non-housing community development activities and supportive service programs to residents of Chula Vista The City will allocate public resources to activities which can be coordinated to meet mutual City and local community needs under one funding allocation process.The funding allocation process will distribute available funds from the Community Development Block Grant(CDBG),HOME Partnership Investment Act funds (HOME),and Emergency Solutions Grant funds(ESG)to organizations serving low That said newspaper was regularly issued and circulated and moderate income households and special needs populations residing in Chula on those dates. Vista SIGNED: Applications will be available after November 10.2013 by contacting Housing Grant staff at adavisQchulavrstaca gov or idorado @chulavistaca gov or by accessing the City`s Website at J www chulavistaca gov/City_Services/Development_Services/RecievHousing/Housin g/Grant Subscribed to and sworn by me this 1 st day of November COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT(ADA): 2013 The City,in complying with the Americans With Disabilities Act,requests individuals who require special accommodation to access,attend and/or participate in a City meeting,activity or service request such accommodation at least 48 hours in advance for meetings,and 5 days for scheduled services and activities Please contact the City Clerk's Office for assistance at(619)691-5041 Service far the hearing impaired is available at(619)585-5647(TDD) Chula Vista,San Diego County,California CV55312 10/2511/1/2013 01100031 00021753 CV-CITY OF CHULA VISTA-LEGALS 276 FOURTH AVE CHULA VISTA,CA 91910 City of Chula Vista 2014/2015 Annual Action Plan APPENDICES 2014-05-06 Agenda Packet Page 134 AFFP 55947 clerk hud programs Affidavit of Publication STATE OF CALIFORNIA) SS CITY OF CHULA VISTA COUNTY OF SAN DIEGO) PUBLIC OUTREACH FOR THE NUD-FUNDED FEDERAL GRANT PROGRAMS (COMMUNITY DEVELOPMENT BLOCK GRANT,HOME INVESTMENT I am a citizen of the United States and a resident of the PARTNERSHIPS,AND EMERGENCY county aforesaid; I am over the age of eighteen years,and SOLUTIONS GRANT) not a party to or interested in the above-entitled matter. I Nonce Is hereby given that the City of Chula Vista City will uffflze the lollcwing public am the principle clerk of the printer of THE STAR-NEWS, outreach metnods to solicit public input on the housing and community development a newspaper of general circulation, published ONCE needs of fower income persons in Chula Vista as well as the City's spending plan for WEEKLY in the city of Chula Vista and the South Bay Commur*DeveloamenlSlock Grant(CDB G),Horne lnvestmentPartnershipsAct Judicial District,County of San Diego,which newspaper (HOME),and Erneryency Solutions Grant(ESO)fvrtds.The City is currently eligible has been adjudged a newspaper of general circulation by to receW approximately 52million in comNned grant funds to be used to address the reeds of the low income residents of the community. the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case PUBLIC MEETING Number 71752;that the notice,of which the annexed is a The City of Chula Vista housing Division will hold a Public Meeting on Thursday, March 5,2014 at 2:09 pm to present the 26 1 41217 1 5 Spending Plan for COM printed copy(set in type not smaller than nonpareil), has HOME and ESG.The meeting wdI be held in the Chula Vista Civic Center,Building been published in each regular and entire issue of said C.Housing Conference Room. newspaper and not in any supplement thereof on the following dates, to-wit: PU13LIC HEARING The City Council will then conduct a Public hearing on Tuesday.March 11,2014 at February 21,2014 2:00 pm to further solicit input an the Spending Plan-The Public Hearing will be held in Civic Center-City Hall,City Council Chambers located at 276 Fourth Avenue in Chula Vista. DRAFT ANNUAL ACTION PLAN PUBLIC REVIEW PERIOD Fogomag the Public Meeting and Public Hearing,the Spending Plan will tie final72ed as par[of the Draft Annual Action Plan(Plan).The Plan contains Chula Vista's one- That said newspaper was regularly issued and circulated year vision for oomnwnity development and housing including:affordable housing, Oft those dates, capital improvement projects and social services programs.The Plan will be released for a 30-day review period from March 19 through April 19,MC S[GfI ED: Cgnvnenig received througr the Public Meeting,Public Hearing and 3l7-day Review Period wdl be incorporated imo the Final Annual Action Plan,which will be suhrrifted for approval to the U.S.Department of Housing and Urban Development(HUD). 7/ You may access the DTat Annual Action Plan by atoessing She Cily's webasite,al: Subscribed to and sworn by me this 21 st day of Fe bruary www.chulavistaca.govlcvrh or by contacting Angelica Davis,Project Coordinator,at 2014 adaMsOci.chula-vista.ca.us or(519)691.503C_ COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT[ADA): The City,In complying with the Americans With Disabilities Act,requests individuals who require special amommWation to access,attend and/or particle to in a City meeting,aatmty or service request such accommoc ation at least 46 hours in Chula Vista,San Diego County,California advance for meetings,and 5 days for scheduted services and activit es.Please contact the City Clerk's Office for assistance at(61S)601 5045.Service far the 0110M1 00824201 hearing impalred is available at(519)585-5647(TDD), CV55947 2/21/2914 CV-CITY OF CHULA VISTA-LEGALS 276 FOURTH AVE CHULA VISTA, CA 91910 APPENDICES 2014-05-06 Agenda Packet Page 135 CITY OF CHULAVISTA I HOUSING DIVISION CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 2014-2015 This contract, numbered [ ], is entered into by and between [ ] ("Sub-recipient") and the City of Chula Vista ("City") on July 1, 2013 ("Effective Date") for the purpose of having Sub-recipient implement and perform work on the 2014-2015 [ ] as set forth herein and in the incorporated documents and attachments. RECITALS WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"),Title I, Part 24, Section 570, Public Law 93-383, 88 Stat. 633, 42 U.S.0 5301-5321 with the primary objective of development of viable urban communities by providing federal assistance for community pment activities in urban areas through the Community Development Block Grant Program (Catalog of Fed AX stic Assistance Number 14.218). WHEREAS,the City, is authorized to apply for and accept Communi Developme it Blorant funds; WHEREAS, City incorporated the Sub-recipieh' pro r the ir oi-,, described in Attachment "A" hereof (hereinafter referred to as the "Project" 'nto munit', development Block Grant/HOME Investment Partnership/EmergeOS(helter t Ann was submitted to the U.S. Department of Housing and Urban DevelopWHEREAS, HUD has y An Funding Plan fo r Community Development Block Grant funds; WHEREAS, it is the d -recipient and the City that the Project be implemented by the Sub-recipient; WHEREAS, the Sub-recipient shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; and WHEREAS, Sub-recipient warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Sub-recipient to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW,THEREFORE, BE IT RESOLVED that the City and Sub-recipient do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. 2014-2015 CDBG Agreement Page 1 of 16 2014-05-06 Agenda Packet Attaehme 1 6 ARTICLE I. SUB-RECIPIENT OBLIGATIONS A. General. 1 . Work to be Performed. Sub-recipient shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Sub-recipient shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Sub-recipient include, but are not limited to, the obligation to, as applicable, comply with each of the following as may be amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC § 5301, etseq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, etseq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d);Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Sub-recipient agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees 2014-2015 CDBG Agreement Page 2 of 16 2014-05-06 Agenda Packet Page 137 and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Sub-recipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-Sub-recipient is in violation of the regulations in 24 CFR part 135. The Sub-recipient will not subcontract with any sub-Sub-recipient where the Sub-recipient has notice or knowledge that the sub Sub-recipient has been found in violation of the regulations in 24 CFR part 135. V. The Sub-recipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC§ 4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circular A-110 entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations;" h. Grant administration requirements as described in 24 CFR 570.504, which requires Sub-recipient to return any program income earned by Sub-recipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Sub-recipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Sub- recipient's control acquired or improved in whole or in part with Community Development Block 2014-2015 CDBG Agreement Page 3 of 16 2014-05-06 Agenda Packet Page 138 Grant funds in excess of$25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five-year period pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract; i. 24 CFR 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974(Public Law 93-291); and Executive Order 11593; k. The Labor Standards Regulations set forth in 24 CFR 570.603; I. Labor Code section 1771 and/or Davis Bacon concerning prevailing wages as applicable; m. The Hatch Act relating to the conduct of political activities (5 U.S.C. § 1501, etseq.); n. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, et seq., and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act (42 U.S.C. § 7401, etseq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, etseq.) and the regulations adopted pursuant thereto (40 CFR Part 6); q. The Drug-Free Workplace Act of 1988 (Public Law 100-690); r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; s. No member, officer or employee of the Sub-recipient, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 2014-2015 CDBG Agreement Page 4 of 16 2014-05-06 Agenda Packet Page 139 t. The Sub-recipient certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; u. The Architectural Barriers Act of 1968 (42 U.S.C. §4151, etseq.); v. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in the operation of programs receiving federal financial assistance. HUD regulations implementing Section 504 contain accessibility requirements for new construction and rehabilitation of housing as well as requirements for ensuring that the programs themselves are operated in a manner that is accessible to and usable by persons with disabilities. Both individual units and the common areas of buildings must be accessible under Section 504. Section 504 states that "no qualified individuals with a disability in the United States shall be excluded from, denied the benefits of, or be subject to discrimination under" any program or activity that receives Federal financial assistance. Requirements common to these regulations include program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations (See 24 CFR Part 8). w. The Americans with Disabilities Act (42 U.S.C. § 12101); x. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference; y. Prior to award of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency("LEP"); 2014-2015 CDBG Agreement Page 5 of 16 2014-05-06 Agenda Packet Page 140 aa. Grantee shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170), including any subsequent amendments. bb. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and cc. Sub-recipient shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Sub-recipient to comply with the requirements of any such obligation. B. Compliance with Laws. Sub-recipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Sub-recipient shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. C. Insurance. Sub-recipient agrees to comply with the insurance requirements as set forth below: 1. General. Sub-recipient must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the table below: 2014-2015 CDBG Agreement Page 6 of 16 2014-05-06 Agenda Packet Page 141 i.General Liability: $1,000,000 per occurrence for bodily injury, personal injury,(including (Including death),and property damage. If Commercial General Liability insurance operations, products with a general aggregate limit is used, either the general aggregate limit and completed must apply separately to this project/location or the general aggregate limit operations,as must be twice the required occurrence limit. applicable) ii.Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. iii.Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each employee iv. Professional Liability $1,000,000 each occurrence or Errors& Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Sub-recipient will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain,the following provisions: (a) Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primary Insurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. (c) Cancellation. The insurance policies required must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. 2014-2015 CDBG Agreement Page 7 of 16 2014-05-06 Agenda Packet Page 142 (d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of Subrogation. Sub-recipient insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (a) Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a "Retro Date" prior to the contract effective date, the Sub-recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Sub-recipient shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences.The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Sub-recipient must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE II. CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Sub-recipient for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of [$ ]. Sub-recipient shall not submit claims to the City nor 2014-2015 CDBG Agreement Page 8 of 16 2014-05-06 Agenda Packet Page 143 shall City reimburse Sub-recipient for costs for which Sub-recipient is reimbursed from a source other than the funds allocated for work under this contract. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Sub-recipient may be reimbursed only to the extent and in the amounts that funds have been made available pursuant to applications for Federal assistance. No City funds in excess of those provided by the Federal government under such applications may be the source of reimbursement under this Contract. 3. Compensation Schedule. City shall pay Sub-recipient quarterly progress payments upon certification and submittal by Sub-recipient of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this contract. The balance due shall be paid upon certification by Sub-recipient that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. a. Claim Due Dates. Contractor shall submit quarterly claims to the City by the deadlines listed below in order to meet HUD's strict expenditure standards: 1St Quarter(July 1-September 30): Due October 15 2nd Quarter (October 1 - December 31): Due January 15 3rd Quarter(Januaryl - March 31): Due April 15 4t"Quarter(April 1—June 30): Due July 15 Failure to submit claims by these deadlines may result in recapturing of the grant funds. Any extension requests must be approved by all parties. However, costs must be incurred prior to June 30, 2014 and said extension shall be within the City's Finance Department's Fiscal Year End processing deadline. 4. Indirect Costs. If indirect costs are charged, the Sub-recipient will develop an indirect cost allocation plan for determining the appropriate Sub-recipient's share of administrative costs and shall submit such plan to the City for approval. 5. Expenditure Standard. In order to insure effective administration and performance of approved CDBG Projects and to meet HUD performance standards, Sub-recipient agrees that it shall expedite implementation of the Project described herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Sub-recipient of the expenditure and implementation deficiency. Sub-recipient will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Sub-recipient agrees that the City may reallocate the amount of the expenditure deficiency. Subrecipient understands City may not reimburse project expenses that are outside the contract term. 6. Budget Adjustments. In order to insure effective administration and performance of approved CDBG Projects and to meet HUD performance standards, Sub-recipient agrees to submit budget adjustments for City approval. City will consult its Citizen Participation Plan prior to approving said amendment. Budget Adjustments received after June 1, 2014 will not be considered. ARTICLE III. ETHICS 2014-2015 CDBG Agreement Page 9 of 16 2014-05-06 Agenda Packet Page 144 A. Financial Interests of Contractor 1. Disclosure Required. Sub-recipient is required make the disclosures detailed in Attachment "C". Sub- recipient may also be designated as a "Consultant" for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney,thereby becoming an"FPPC filer." 2. No Participation in Decision. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub- recipient shall not make, or participate in making or in any way attempt to use Sub-recipient's position to influence a governmental decision in which Sub-recipient knows or has reason to know Sub-recipient has a financial interest other than the compensation promised by this contract. 3. Search to Determine Economic Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient warrants and represents that Sub-recipient has diligently conducted a search and inventory of Sub-recipient's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Sub-recipient does not, to the best of Sub-recipient's knowledge, have an economic interest which would conflict with Sub-recipient's duties under this contract. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient further warrants and represents that Sub-recipient will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient further warrants and represents that Sub-recipient will immediately advise the City Attorney of City if Sub-recipient learns of an economic interest of Sub-recipient's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. Specific Warranties Against Economic Interests. Sub-recipient warrants, represents and agrees: (a) That neither Sub-recipient, nor immediate family members, nor Sub-recipient's employees or agents ("Sub-recipient Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b)That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Sub-recipient or Sub-recipient's Associates in connection with Sub-recipient's performance of this contract. Sub-recipient promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Sub-recipient Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. (d) That Sub-recipient may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Sub-recipient's responsibilities under this contract, except with the written permission of City. 2014-2015 CDBG Agreement Page 10 of 16 2014-05-06 Agenda Packet Page 145 ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. City shall not be liable for, and Sub-recipient shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this contract arising either directly or indirectly from any act, error, omission or negligence of Sub-recipient or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Sub-recipient shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2. Additional Requirement. Sub-recipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys'fees, consultants'fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Sub-recipient during the course of any alteration or improvements of the Premises of Sub-recipient, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California. 2014-2015 CDBG Agreement Page 11 of 16 2014-05-06 Agenda Packet Page 146 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Sub-recipient obligation to defend, at Sub-recipient' s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Sub-recipient shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Sub-recipient obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Sub-recipient's obligations under Article IV shall not be limited by any prior or subsequent declaration by the Sub-recipient. 6. Enforcement Costs. Sub-recipient agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. Survival. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this contract and shall be governed by the laws of the State of California. ARTICLE V.TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty days' written notice of intent to terminate has been given to the other party. However, no notice of termination given by Sub-recipient shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Sub-recipient shall be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. Automatic Termination. This contract shall terminate at the discretion of the City if the United States Government terminates the CDBG Program or the Project. City shall provide written notice to Sub-recipient of the intent to terminate under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Sub- recipient shall be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. C. Termination of Contract for Cause. Sub-recipient and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Sub-recipient fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, or if Sub-recipient violates any 2014-2015 CDBG Agreement Page 12 of 16 2014-05-06 Agenda Packet Page 147 state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Sub- recipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Sub-recipient of the effective date of termination. Even if City terminates the contract, Sub-recipient shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this contract, and City may withhold any reimbursement payments from Sub-recipient for the purpose of set-off until the exact amount of damages due to City from Sub-recipient is determined. Sub-recipient hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Sub-recipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Sub-recipient's project. All records of the Sub-recipient related to this contract or work performed under the contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. B. Retention. The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the contract for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the contract are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. C. Data. The Sub-recipient shall maintain data demonstrating eligibility (low-moderate locations) for services provided. Such data shall include, but not be limited to exact location of the work performed, and a description of service provided. Such information shall be made available to City monitors or their designees for review upon request. D. Disclosure. The Sub-recipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Sub- recipient's responsibilities with respect to services provided under this contract, is prohibited by federal privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. E. Quarterly Reports/Consolidated Annual Performance Evaluation Report (CAPER). Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of CDBG funds until the report has been submitted. Evidence of match must be submitted with each quarterly and annual report(CAPER). a. Due Dates. • 1St Quarter(July 1-September 30): Due October 15 • 2nd Quarter (October 1 - December 31): Due January 15 • 3rd Quarter(Januaryl - March 31): Due April 15 2014-2015 CDBG Agreement Page 13 of 16 2014-05-06 Agenda Packet Page 148 • 4t"and Final (April 1—June 31): Due July 15 ARTICLE VII. PROJECT COMPLETION,AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Sub- recipient agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Sub-recipient agrees to perform financial and compliance audits the City may require. The Sub-recipient also agrees to obtain any other audits required by City. Sub-recipient agrees that Project closeout will not alter Sub-recipient's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Sub-recipient that City has closed the Project, and either forwards the final payment or acknowledges that the Sub-recipient has remitted the proper refund. The Sub-recipient agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contract or any unmet requirements set forth in a written notification from City. ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee, shall administer this contract on behalf of the City. The Executive Director shall administer this contract on behalf of the Sub-recipient. Within a reasonable time after the City makes a request, Sub-recipient shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this contract. B. Term. The term of this contract shall start on the 1"day of July 2014 and shall continue in effect until terminated as provided herein or until Sub-recipient has carried out all its obligations under the contract. Services of the Sub- recipient shall start on the 15` day of July and end on the 30`" day of June, 2015. The term of this Agreement shall not be extended. Any remaining project funds not invoiced or expended during the deadlines included in this agreement will be recaptured. C. Actions on Behalf of the City. Except as City may specify in writing, Sub-recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Sub-recipient shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. D. No Obligations to Third Parties. In connection with the Project, Sub-recipient agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this contract. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Sub- 2014-2015 CDBG Agreement Page 14 of 16 2014-05-06 Agenda Packet Page 149 recipient shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. F. Attorney's Fees. Should a dispute arising out of this contract result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this contract, and performance hereunder, shall be the City of Chula Vista. I. Audit Costs. Sub-recipient shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Sub-recipient is subsequently found to have violated the terms of the contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Sub-recipient under this contract. J. Precedence. This contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This contract may not be modified except by written amendment executed by each party. K. Acknowledgement of Funding. Sub-recipient shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Sub-recipient agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. L. No Waiver. No failure, inaction, neglect or delay by City in exercising any of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any other rights under this Contract. M. Notice. Any notice or notices required or permitted to be given pursuant to this contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Contractor: City: [ ] City of Chula Vista [ ] Housing Manager [ ] 276 Fourth Avenue [ ] Chula Vista, CA 91910 Signature Page to Follow 2014-2015 CDBG Agreement Page 15 of 16 2014-05-06 Agenda Packet Page 150 2014-2015 CDBG Agreement Page 16 of 16 2014-05-06 Agenda Packet Page 151 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City have executed this contract as of the date first written above. CITY OF CHULA VISTA James D. Sandoval City of Chula Vista City Manager APPROVED AS TO FORM Glen R. Googins City Attorney ATTEST Donna Norris, City Clerk SUBRECIPIENT Employer Federal ID: [ ] DUNS ID: [ ] [ ], CEO 2014-2015 CDBG Agreement Page 17 of 16 2014-05-06 Agenda Packet Page 152 ATTACHMENT A "2014-2015 SCOPE OF WORK AND BUDGET" A. ACTIVITIES 1. General: The Subrecipient will be responsible for administering a Community Development Block Grant (CDBG) program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. • Type of Project: [ ] • Matrix Code: [ ] 2. Program Delivery The Subrecipient will carry out the following specific activities as part of the program: • Ensure that marketing material acknowledges the City of Chula Vista and the Department of Housing and Urban Development's support • Services to be provided in compliance with the Employment Reentry for At-Risk Young Adults Policies and Procedures Manual 3. Income Benefit Goals: It is anticipated that approximately [ ] LMI Individuals unduplicated low-to moderate-income clients will be served over the course of this 12 month Agreement. In addition to the required quarterly reports identified in Section 12 of this contract,the Subrecipient shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled at the end of the each City of Chula Vista fiscal year(June 30th)for five (5)years, and shall be submitted to the City of Chula Vista Housing Department upon receipt of a written request and at the time of any monitoring of project records. B. NATIONAL OBJECTIVES: All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity/activities carried out under this Agreement will meet the National Objective of Low/Mod Clientele 570.208(a)(2). C. PERFORMANCE MONITORING: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated. D. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to fulfill the project by June 30, 2015,or earlier. E. BUDGET:SUBRECIPIENT shall make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than $14,000 to be budgeted as follows: Budget Line Item Amount Personnel(Salaries/Benefits) $ Supplies $ Total $ 2014-2015 CDBG Agreement 2014-05-06 Agenda Packet Page 153 ATTACHMENT "B" County of San Diego Income Limits San Diego-Carlsbad-San Marcos,CA Metropolitan Statistical Area(MSA) 2014 Household Income Limits HUD Method Note:The following household income limits are adjusted for a high cast area as San Diego-Carlsbad-San Marcos,CA IMSA $ 72,700 perthe Federal Housing Actof 1937 and calculated using HCD methodology to U.S.Department of Housing and Urban Development comply with Health and Safety Code Sections 50052.5 and 50093. December 18,2013 Effective Date Persons earning 80%or below are considered Cow income, thus qualify for grant funded programs under HUD eligibility criteria. Extr ely Low Income Very Low Income ow ncome 7 30% 50% 80% 120% Hshold Size /In ual Monthly 30.00% Annual Monthly 30.00%) Annual Monthly 35.00*/% Annual Monthly 30.00% me Income Monthly Income Income Monthly Income Income Monthip Income Income Monthly ONE 516,600 $1,383 $415 $27,650 $2,304 $691 $44240 $3,fi83 $1.145 $61,100 $5,092 $1,527 TWO 518,950 $1,579 $473 $31,600 $2,633 $790 $50,500 $4,208 $1,262 $69,800 $5,817 $1,745 THREE 521,300 $1,775 $532 $35,550 $2,963 $888 $56,800 $4,733 $1,420 $78,550 $6,546 $1,963 FOUR 3,650 $1,971 $591 $39,450 $3,288 $986 $63,100 $5,256 $1,577 $87,250 $7,271 $2,181 FIVE $ 550 $2,129 $638 $42,650 $3,554 $1,066 $68,150 $5,679 $1,703 $94,250 $7,854 $2,356 Six $27, 0 $2,288 $686 $45,800 $3,817 $1.145 $73,200 $6,100 $1,830 $101,250 $8,438 $2,531 SEVEN $29,3 $2,446 $733 $48,950 $4,079 $1,223 $78,250 $6,521 $1,956 $108,200 $9,617 $2,705 EIGHT $31,250 $2,604 $781 52100 $4,342 $1,302 $83,300 $6,942 $2,082 $115,200 $9,600 $2,886 2014-2015 CDBG Agreement 2014-05-06 Agenda Packet Page 154 Attachment C: Disclosure Statement 2014-05-06 Agenda Packet 2014-2015 CDBG Agreerr 155 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Googins City Attorney Dated: INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF CHULA VISTA DEVELOPMENT SERVICES-HOUSING DIVISION RECREATION DEPARTMENT FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS 2014-05-06 Agenda Packet Page 156 INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CITY OF CHULA VISTA DEVELOPMENT SERVICES-HOUSING DIVISION AND RECREATION DEPARTMENT FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS This Memorandum of Understanding (MOU) is entered into this_day of 2014 between the Development Services Department Housing Division (DSD-HD) and the Recreation Department (RD) to partner in the mutual effort of providing public services to income eligible persons in the City of Chula Vista. DSD-HD is the Grantee administrator for the City of Chula Vista receipt of federal Community Development Block Grant (CDBG) program funds. The City Council allocated CDBG program funds for a City project as described in"Work to be Performed"(the Project). This Grant is made pursuant to Title I of the Housing and Community Development Act of 1974(41 U.S.C. 5301-5320)as amended,the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas. Per§570.201(e)to be eligible for CDBG assistance,a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the unit of general local government(through funds raised by the unit or received by the unit from the State in which it is located)in the 12 calendar months before the submission of the action plan. (An exception to this requirement maybe made if HUD determines that any decrease in the level of a service was the result of events not within the control of the unit of general local government). This MOU will establish the working parameters for the Project activities to be accomplished with these funds. This CDBG funded activity has been incorporated into the City's annual Action Plan which was submitted and accepted by the U.S. Department of Housing and Urban Development(HUD). The Action Plan requires DSD-HD and all recipients (RD)of CDBG funds to meet certain obligations and certifications to the federal government including environmental review, anti-discrimination,and timely expenditure of funds. This Project will be implemented compliant with CDBG regulations and related federal laws. IT IS AGREED AS FOLLOWS: WORK TO BE PERFORMED: RD will implement the following Projects described as follows: A. Project: Norman Park Senior and Disabled Services Amount of Funding: $30,000 Project ID: 976 Performance Measurement: 400 Seniors unduplicated seniors Services to be Provided: Provide a multitude of unique services and support programs to seniors including those with disabilities. Program examples include: free computer and fitness classes, conversational Spanish, assistance in completing Christmas in July paperwork, blood pressure screenings, health workshops, information/referral services, RUOK phone calls made to those Memorandum of Understanding Page 1 of 3 ATTACHMENT 3 2014-05-06 Agenda Packet Page 157 homebound,enrichment classes,social events,support groups and low cost/free meeting space for non-profit groups to provide a one-stop shop serving seniors. B. Project:Therapeutic Program Amount of Funding: $20,100 Project ID: 973 Performance Measurement: 100 unduplicated persons with special needs Services to be Provided: The Therapeutic Recreation programming provides persons with disabilities the opportunity to participate in recreation programs specifically designed for persons with developmental or physical disabilities. Programs are designed for ages six through adult and occur on a weekly basis year round. The programs include sports programs, dance classes, creative and enrichment activities, exercise and fitness classes, special events, and Learn to Swim programs all offered in a fun supportive environment. TIMELY COMPLETION AND EXPENDITURE: Timely completion of the Project is the highest priority of this agreement. To ensure timely completion and expenditures, RD will demonstrate reasonable progress in implementation of a Project by completing and expending allocated CDBG Project funds by June 30,2015. QUARTERLY REPORTS: In order to more closely monitor Project completion and expenditures,the RD Project Manager will provide the DSD-HD Project Manager with quarterly reports,submitted no later than 15 days after the last day of the previous quarter, which includes a narrative of the activities, and/or progress towards meeting the timeline goals. Report due dates are: October 15,January 15,April 15, and July 15. PROJECT REVIEW CONFERENCE: In the event that quarterly reports indicate funds will not be expended by June 30, 2015,or within the agreed upon schedule, RD will notify DSD-HD of the completion deficiencies and RD will have 15 calendar days to provide its plan for meeting time and expenditure agreements. Failure to correct the deficiency within 15 calendar days will require DSD-HD to schedule a Project Review Conference. Upon failure to develop a plan for meeting completion and expenditure requirements,the DSD-HD Housing Manager will schedule a Project Review Conference. Either or both Directors may assign a designee to represent their respective department during a Project Review Conference. The Project Review Conference will serve to identify reasons for delayed performance and weaknesses in the project implementation plan. Based on the Project Review Conference discussions both DSD-HD and RD will generate a remedial plan that may include but is not limited to re-design of the Project,amendments to the Project,extendingthe term of the Project, or re-allocation of the funds to an alternate Project. Such unexpended funds may also be recaptured and reallocated atthe discretion of the Housing Manager of DSD-HD. The recaptured funds shall be made available for reprograming to other eligible activities as deemed appropriate by DSD-HD as Attachment A. CDBG PROGRAMMATIC REQUIREMENTS: Project will be implemented in accordance with Community Development Block Grant requirements. HUD's Playing by the Rules Handbook is being provided to RD as a tool to carry out the project as Attachment B. ACKNOWLEDGEMENT OF FUNDING: RD shall identify the City of Chula Vista and the Department of Housing and Urban Development (HUD) Community Development Block Grant Program as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, DSD-HD agrees that it shall be apprised of any special events Memorandum of Understanding Page 2 of 3 2014-05-06 Agenda Packet Page 158 linked to the Project so that a review can be made on what role, if any, the City and HUD would assume. TERM: This MOU will commence when executed by both parties and shall remain in effect until terminated by either party with a 30 day written notice. IN WITNESS WHEREOF,this Memorandum of Understanding is herebyexecuted on the day and the yearfirst above written. Recreation Department Development Services-Housing Division Date: Date: By: Kristi McClure, By: Kelley Broughton, Director of Recreation Director of Development Services Memorandum of Understanding Page 3 of 3 2014-05-06 Agenda Packet Page 159 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL 4�n�— 4:::� Glen R. Googins City Attorney Dated: Zb I CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SOLUTIONS GRANT PROJECT HOUSING PROBRAM 2014-2015 BY AND BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES 2014-05-06 Agenda Packet Page 160 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SOLUTIONS GRANT PROJECT HOUSING PROGRAM 2014-2015 This Contract numbered [ ]is entered into by and between South Bay Community Services ("Contractor") and the City of Chula Vista ("City") on July 1, 2014. RECITALS WHEREAS, there has been enacted the Emergency Shelter Grants ("ESG") Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the "Act", 42 U.S.C. 11361, et seq.). The ESG Program authorizes the Secretary, U.S. Department of Housing and Urban Development ("HUD"), to make grants to States, units of general local government, territories, and Indian Tribes for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless; for payment of certain operating expenses and essential services in connection with emergency shelters for the homeless; and for homeless prevention activities; WHEREAS, on May 20, 2009, the President signed into la "Ar Act ' , Prevent Mortgage Foreclosures and Enhance Mortgages Credit Availability" which beca3k olic I w . 111-22. This new law implements a variety of new measures directed tr a e g ,.._,�iduals and families from losing their homes. Division B of this new law is t or less er cy Assistance and Rapid Transition to the Housing Act 2009 (HEARTH Act), s t nd amends the three separate homeless assistance programs carried out under of nney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq); WHERAS, the Ac. n erns to the McKinney-Vento Act contains provisions requiring coordination, Ila d sultation between Continuums of Care and ESG State and local government re s; WHEREAS, the HEA.,.ri Act, renames the former Emergency Shelter Grant program to the Emergency Solutions Grant program to broaden existing emergency shelter and homelessness prevention activities to add rapid refocusing activities; WHEREAS,the Catalog of Federal Assistance for the Emergency Solutions Grant program is 14.231; WHEREAS, the HEARTH Act also codifies in law and enhances the Continuum of Care planning process, the coordinated response to addressing the needs of homelessness established administratively by HUD in 1995; WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of ESG activities; WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Solutions Grant Annual Funding Plan ("AFP")which was submitted to HUD; 2014-2015 ESG Contract Page 1 of 16 2014-05-06 Agenda Packet AttachClR�tt WHEREAS, Chula Vista City Council approved the Project on May 6, 2014 and HUD has approved the City's AFP for the ESG funds; and WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW,THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. ARTICLE I. CONTRACTOR OBLIGATIONS A. General. 1. Work to be Performed. Contractor shall implement the Project described in Attachment "A" hereof (the "Scope of Work") fully in accordance with the term of the AFP approved by the City and submitted to HUD in its application for funds to carry out the Project and the certifications which were submitted concurrently with the AFP ("Certifications"). The AFP and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP and Certifications. Contractor's obligations include, but are not limited to, compliance with the current and most up-to-date version of each of the following: (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, et seq.) as amended; (b) The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act); (c) HUD regulations relating to ESG Program (24 CFR Part 576), as amended; (d) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR 576.57, subd. (e)); (e) Title VI of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); § 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (f) Section 3 of the Housing and Community Development Act of 1974, which includes: (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, 2014-2015 ESG Contract Page 2 of 16 2014-05-06 Agenda Packet AttachClR�tr be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) Contractor shall include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent Contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b); (g) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601, and implementing regulations at 49 CFR Part 24; 2014-2015 ESG Contract Page 3 of 16 2014-05-06 Agenda Packet AttachClR�tr (h) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations" and with Office of Management and Budget Circular A-110 entitled "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations"; (i) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set forth in 42 U.S.C. 11375; (j) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; (k) The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; (1) The Labor Standards Regulations set forth in 24 CFR 570.603; (m)The Architectural Barriers Act of 1968 (42 U.S.C. §4151, etseq.); (n) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); (o) The Flood Disaster Protection Act of 1974 (42 USC § 4106 and the implementing regulations in 44 CFR parts 59 through 79; (p) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8; (q) The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 6); (r) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (s) No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; (t) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the 2014-2015 ESG Contract Page 4 of 16 2014-05-06 Agenda Packet AttachClR�tr awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (u) The American's with Disabilities Act (42 U.S.C. sec.4151. et. seq.); (v) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency("LEP"); (w) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and (x) Contractor shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Contractor to comply with the requirements of any such obligation. (y) Contractor shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170), including any subsequent amendments. B. Compliance with Laws. Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Contractor shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. C. Insurance. Contractor agrees to comply with the insurance requirements as set forth below: 1. General. Contractor must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. 2014-2015 ESG Contract Page 5 of 16 2014-05-06 Agenda Packet AttachClR�tr 2. Minimum Scope of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including operations, (including death), and property damage. If Commercial General products and Liability insurance with a general aggregate limit is used, either the completed operations, general aggregate limit must apply separately to this as applicable) project/location or the general aggregate limit must be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. i.Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each employee i. Professional Liability or $1,000,000 each occurrence Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain,the following provisions: 2014-2015 ESG Contract Page 6 of 16 2014-05-06 Agenda Packet AttachClR�tr (a) Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primary Insurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (c) Cancellation. The insurance policies required must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of Subrogation. Contractor insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (a) Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5)years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus 2014-2015 ESG Contract Page 7 of 16 2014-05-06 Agenda Packet AttachClR�tr Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE II. CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Contractor for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of$[ ]. Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this contract. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Contractor may be reimbursed only to the extent and in the amounts that funds have been made available pursuant to applications for Federal assistance. No City funds in excess of those provided by the Federal government under such applications may be the source of reimbursement under this Contract. 3. Compensation Schedule. City shall pay Contractor quarterly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. a. Claim Due Dates. Contractor shall submit quarterly claims to the City by the deadlines listed below in order to meet HUD's strict expenditure standards: Q1. July 1 -September 30: Due October 15 Q2. October 1—December 31: Due January 15 2014-2015 ESG Contract Page 8 of 16 2014-05-06 Agenda Packet AttachClR�t��$ Q3. January 1 - March 31:Due April 15 Q4. April 30-June 30: Due July 15 Failure to submit claims by these deadlines may result in recapturing of the grant funds. Any extension requests must be approved by all parties. 4. Expenditure Standard. In order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall expedite implementation of the Project described herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Contractor of the expenditure and implementation deficiency. Contractor will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Contractor agrees that the City may reallocate the amount of the expenditure deficiency. ARTICLE III. ETHICS A. Financial Interests of Contractor 1. Disclosure Required. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Consultant"for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an"FPPC filer." 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this contract. 3. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not,to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this contract. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations 2014-2015 ESG Contract Page 9 of 16 2014-05-06 Agenda Packet AttachClR�tr�$ promulgated thereunder. 6. Specific Warranties Against Economic Interests. Contractor warrants, represents and agrees: (a) That neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b)That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c)That Contractor Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. (d)That Contractor may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Contractor's responsibilities under this contract, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self- insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2. Additional Requirement. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys'fees, consultants'fees, and experts'fees which arise during or after the contract term 2014-2015 ESG Contract Page 10 of 16 2014-05-06 Agenda Packet AttachClR�trZO for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Contractor obligation to defend, at Contractor' s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Contractor's obligations under Article IV shall not be limited by any prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article IV. 7. Survival. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this contract and shall be governed by the laws of the State of California. ARTICLE V.TERMINATION OF CONTRACT 2014-2015 ESG Contract Page 11 of 16 2014-05-06 Agenda Packet Attach C1R�tr A. Termination for Convenience. Either party may terminate this contract after thirty days written notice of intent to terminate has been given to the other party. However, no notice of termination given by Contractor shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. Automatic Termination. This contract shall terminate at the discretion of the City if the United States Government terminates the ESG Program or the Project. City shall provide written notice to Contractor of the intent to terminate under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. C. Termination of Contract for Cause. Contractor and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the contract, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this contract, and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is determined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze and audit Contractor's project. All records of the Contractor related to this Contract or work performed under this Contract shall be open and available for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained for a period of at least five (5) years after the end of the grant term. This provision also applies to subcontractors and Contractor will require subcontractors to comply with this provision. 2014-2015 ESG Contract Page 12 of 16 2014-05-06 Agenda Packet Attach C1R�tr B. Disclosure. The Contractor understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Contractor's responsibilities with respect to services provided under this contract, is prohibited by federal privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor,that of a responsible parent/guardian. C. Quarterly Reports/Consolidated Annual Performance Evaluation Report(CAPER). Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG funds until the report has been submitted. Evidence of match must be submitted with each quarterly and annual report (CAPER). D. Due Dates. Q1. July 1 - September 30: Due October 15 Q2. October 1—December 31: Due January 15 Q3. January 1 - March 31:Due April 15 Q4. April 3 -June 30: Due July 15 ARTICLE VII. PROJECT COMPLETION,AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Contractor agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Contractor agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee shall administer this contract on behalf of the City. The Executive Director of South Bay Community Services shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this contract. B. Term. This contract shall commence when executed by the parties and shall continue in effect until 2014-2015 ESG Contract Page 13 of 16 2014-05-06 Agenda Packet Attach C1R�tr terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 1"day of July, 2014 and end on the 301" day of June 2015. With City approval, the term of this contract and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of ESG funds. C. Actions on Behalf of the City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. D. No Obligations to Third Parties. In connection with the Project, Contractor agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. F. Attorney's Fees. Should a dispute arising out of this contract result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this contract, and performance hereunder, shall be the City of Chula Vista. I. Audit Costs. Contractor shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Contractor is subsequently found to have violated the terms of the contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this contract. 2014-2015 ESG Contract Page 14 of 16 2014-05-06 Agenda Packet Attach C1R�tr J. Precedence. This contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This contract may not be modified except by written amendment executed by each party. K. Notice. Any notice or notices required or permitted to be given pursuant to this contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Contractor: City: [ ] City of Chula Vista [ ] Housing Manager [ ] 276 Fourth Avenue [ ] Chula Vista, CA 91910 (Signature page to follow.) 2014-2015 ESG Contract Page 15 of 16 2014-05-06 Agenda Packet Attach C1R�tr SIGNATURE PAGE IN WITNESS WHEREOF, the Contractor and City have executed this contract as of the date first written above. CITY OF CHULA VISTA James D. Sandoval City Manager, City of Chula Vista APPROVED AS TO FORM Glen R. Googins City Attorney ATTEST City Clerk SOUTH BAY COMMUNITY SERVICES [ ], Executive Director 2014-2015 ESG Contract Page 16 of 16 2014-05-06 Agenda Packet Attach C1R�tr ATTACHMENT A "SCOPE OF WORK" The Contractor shall provide services to the homeless in accordance with City of Chula Vista's approved application to the U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant and Emergency Solutions Grant Funding. ESG funds will be used for Emergency Shelter for low income homeless families (with children), most of whom are victims of domestic violence. In addition to housing, families, Contractor will develop a treatment plan so that the client can work to re-establish self-sufficiency and end their homelessness. A. Scope of Services: • Contractor will operate an Emergency housing facility located at 31 4t"Avenue Chula Vista, CA in compliance with the Policies and Procedures Manual (that includes written standards for providing assistance)for Fiscal Year 2014-2015. • Contractor will provide mental health counseling, trauma related services, assistance in finding housing, and substance abuse services. • Contractor will provide Child Care for clients participating in classes, job searches, and other program activities Contractor will provide bus tokens so clients can attend classes. • Contractor will provide safe and stable housing for homeless clients, most of whom are domestic violence victims, and their children. • Contractor will provide basic needs (food, shelter, clothing, and other needed items) for clients fleeing a domestic violence situation and other homeless clients. • Contractor shall only use Emergency Solution Grant funds on eligible activities in §576.102 Emergency Shelter Components. • Contractor shall operate the project in accordance with all local, state, and federal regulations, including a Conditional Use Permit, as amended. • Contractor shall enter all client information into Homeless Management Information System Emergency Solutions Grant eligible activities: §576.102 Emergency shelter component. (a) General. Subject to the expenditure limit in § 576.100(b), ESG funds may be used for costs of providing essential services to homeless families and individuals in emergency shelters, renovating buildings to be used as emergency shelter for homeless families and individuals, and operating emergency shelters. (1)Essential services. ESG funds may be used to provide essential services to individuals and families who are in an emergency shelter, as follows: (i) Case management. The cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant is eligible. Component services and activities consist of: (A) Using the centralized or coordinated assessment system as required under§576.400(d); (B) Conducting the initial evaluation required under§ 576.401(a), including verifying and 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 177 documenting eligibility; (C) Counseling; (D) Developing, securing, and coordinating services and obtaining Federal, State, and local benefits; (E) Monitoring and evaluating program participant progress; (F) Providing information and referrals to other providers; (G) Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking; and (H) Developing an individualized housing and service plan, including planning a path to permanent housing stability. (ii) Child care. The costs of child care for program participants, including providing meals and snacks, and comprehensive and coordinated sets of appropriate developmental activities, are eligible. The children must be under the age of 13, unless they are disabled. Disabled children must be under the age of 18. The child-care center must be licensed by the jurisdiction in which it operates in order for its costs to be eligible. (iii) Education services. When necessary for the program participant to obtain and maintain housing, the costs of improving knowledge and basic educational skills are eligible. Services include instruction or training in consumer education, health education, substance abuse prevention, literacy, English as a Second Language, and General Educational Development (GED). Component services or activities are screening, assessment and testing; individual or group instruction; tutoring; provision of books, supplies and instructional material; counseling; and referral to community resources. (iv) Employment assistance and job training. The costs of employment assistance and job training programs are eligible, including classroom, online, and/or computer instruction; on-the- job instruction; and services that assist individuals in securing employment, acquiring learning skills, and/or increasing earning potential. The cost of providing reasonable stipends to program participants in employment assistance and job training programs is an eligible cost. Learning skills include those skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates. Services that assist individuals in securing employment consist of employment screening, assessment, or testing; structured job skills and job-seeking skills; special training and tutoring, including literacy training and prevocational training; books and instructional material; counseling or job coaching; and referral to community resources. (v) Outpatient health services. Eligible costs are for the direct outpatient treatment of medical conditions and are provided by licensed medical professionals. Emergency Solutions Grant (ESG) funds may be used only for these services to the extent that other appropriate health services are unavailable within the community. Eligible treatment consists of assessing a program participant's health problems and developing a treatment plan; assisting program participants to understand their health needs; providing directly or assisting program participants to obtain 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 178 appropriate medical treatment, preventive medical care, and health maintenance services, including emergency medical services; providing medication and follow-up services; and providing preventive and non-cosmetic dental care. (vi) Legal services. (A) Eligible costs are the hourly fees for legal advice and representation by attorneys licensed and in good standing with the bar association of the State in which the services are provided, and by person(s) under the supervision of the licensed attorney, regarding matters that interfere with the program participant's ability to obtain and retain housing. (B) Emergency Solutions Grant (ESG) funds may be used only for these services to the extent that other appropriate legal services are unavailable or inaccessible within the community. (C) Eligible subject matters are child support, guardianship, paternity, emancipation, and legal separation, orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking, appeal of veterans and public benefit claim denials, and the resolution of outstanding criminal warrants. (D) Component services or activities may include client intake, preparation of cases for trial, provision of legal advice, representation at hearings, and counseling. (E) Fees based on the actual service performed (i.e., fee for service) are also eligible, but only if the cost would be less than the cost of hourly fees. Filing fees and other necessary court costs are also eligible. If the Contractor is a legal services provider and performs the services itself, the eligible costs are the Contractor's employees' salaries and other costs necessary to perform the services. (F) Legal services for immigration and citizenship matters and issues relating to mortgages are ineligible costs. Retainer fee arrangements and contingency fee arrangements are ineligible costs. (vii) Life skills training. The costs of teaching critical life management skills that may never have been learned or have been lost during the course of physical or mental illness, domestic violence, substance use, and homelessness are eligible costs. These services must be necessary to assist the program participant to function independently in the community. Component life skills training are budgeting resources, managing money, managing a household, resolving conflict, shopping for food and needed items, improving nutrition, using public transportation, and parenting. (viii) Mental health services. (A) Eligible costs are the direct outpatient treatment by licensed professionals of mental health conditions. (B) ESG funds may only be used for these services to the extent that other appropriate mental health services are unavailable or inaccessible within the community. 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 179 (C) Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances. Problem areas may include family and marital relationships, parent-child problems, or symptom management. (D) Eligible treatment consists of crisis interventions; individual, family, or group therapy sessions; the prescription of psychotropic medications or explanations about the use and management of medications; and combinations of therapeutic approaches to address multiple problems. (ix)Substance abuse treatment services. (A) Eligible substance abuse treatment services are designed to prevent, reduce, eliminate, or deter relapse of substance abuse or addictive behaviors and are provided by licensed or certified professionals. (B) ESG funds may only be used for these services to the extent that other appropriate substance abuse treatment services are unavailable or inaccessible within the community. (C) Eligible treatment consists of client intake and assessment, and outpatient treatment for up to 30 days. Group and individual counseling and drug testing are eligible costs. Inpatient detoxification and other inpatient drug or alcohol treatment are not eligible costs. (x) Transportation. Eligible costs consist of the transportation costs of a program participant's travel to and from medical care, employment, child care, or other eligible essential services facilities.These costs include the following: (A)The cost of a program participant's travel on public transportation; (B) If service workers use their own vehicles, mileage allowance for service workers to visit program participants; (C) The cost of purchasing or leasing a vehicle for the recipient or Contractor in which staff transports program participants and/or staff serving program participants, and the cost of gas, insurance, taxes, and maintenance for the vehicle; and (D) The travel costs of recipient or Contractor staff to accompany or assist program participants to use public transportation. (xi)Services for special populations. ESG funds may be used to provide services for homeless youth, victim services, and services for people living with HIV/AIDS, so long as the costs of providing these services are eligible under paragraphs (a)(1)(i) through (a)(1)(x) of this section.The term victim services means services that assist program participants who are victims of domestic violence, dating violence, sexual assault, or stalking, including services offered by rape crisis centers and domestic violence shelters, and other organizations with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking. (2) Renovation. Eligible costs include labor, materials, tools, and other costs for renovation (including major rehabilitation of an emergency shelter or conversion of a building into an emergency shelter). The emergency shelter must be owned by a government entity or private 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 180 nonprofit organization. (3) Shelter operations. Eligible costs are the costs of maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation of the emergency shelter. Where no appropriate emergency shelter is available for a homeless family or individual, eligible costs may also include a hotel or motel voucher for that family or individual. (4) Assistance required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Eligible costs are the costs of providing URA assistance under § 576.408, including relocation payments and other assistance to persons displaced by a project assisted with ESG funds. Persons that receive URA assistance are not considered "program participants" for the purposes of this part, and relocation payments and other URA assistance are not considered "rental assistance" or "housing relocation and stabilization services" for the purposes of this part. (b) Prohibition against involuntary family separation. The age, of a child under age 18 must not be used as a basis for denying any family's admission to an emergency shelter that uses Emergency Solutions Grant (ESG) funding or services and provides shelter to families with children under age 18. (c) Minimum period of use. (1) Renovated buildings. Each building renovated with ESG funds must be maintained as a shelter for homeless individuals and families for not less than a period of 3 or 10 years, depending on the type of renovation and the value of the building. The "value of the building" is the reasonable monetary value assigned to the building, such as the value assigned by an independent real estate appraiser. The minimum use period must begin on the date the building is first occupied by a homeless individual or family after the completed renovation. A minimum period of use of 10 years, required for major rehabilitation and conversion, must be enforced by a recorded deed or use restriction. (i) Major Rehabilitation is not eligible under this contract. (ii) Conversion is not eligible under this contract (iii) Renovation is not eligible under this contract (2) Essential Services and Shelter Operations. Where the recipient or Contractor uses ESG funds solely for essential services or shelter operations, the recipient or Contractor must provide services or shelter to homeless individuals and families at least for the period during which ESG funds are provided.The recipient or Contractor does not need to limit these services or shelter to a particular site or structure, so as long as the site or structure serves the same type of persons originally served with the assistance (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or serves homeless persons in the same area where the recipient or Contractor originally provided the services or shelter. (d) Maintenance of Effort. The maintenance of effort requirements under §576.101(c), which apply to the use of ESG funds for essential services related to street outreach, also apply for the use of such funds for essential services related to emergency shelter. B. Definition of Homeless: 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 181 Contractor will use the HUD definition of homeless found in 24 CFR Part 576, as amended. Homeless Means: 1. Individuals and Families defined as Homeless under the following categories are eligible for assistance in ESG projects: • Category 1—Literally Homeless • Category 2—Imminent Risk of Homeless • Category 3 —Homeless Under Other Federal Statutes • Category 4— Fleeing/Attempting to Flee DV This final rule, published in the Federal Register(Vol. 76. No. 233) on December 5, 2011, integrates the regulation for the definition of"homeless," and the corresponding recordkeeping requirements,for the Emergency Solutions Grants program. C. Performance Measurements: The short term emergency shelter will serve 45 extremely low-income homeless individuals and families that meet HUD's definition of homelessness. Objectives Objective 1: 50% of the program participants will find stable housing within 60 days of entering the short term transitional housing with a supportive services program. Objective 2: By June 30, 2015, 80 percent of residents will complete a range of self sufficiency activities during their stay in shelter and 80 percent will demonstrate greater self determination. Outcome Evaluation Outcome 1: Maintain case files documenting beginning status of activities (e.g. housing, no income, no bank account), compared to ending status (e.g., finding stable housing, opening a bank account (if feasible), establishing income). Outcome 2: Staff will administer Customer Satisfaction Questionnaires to help determine accomplishment of case plans. Outcome 3: Ensure each program participant has applied for Affordable Housing including Section 8 rental assistance and Public Housing. D. Documentation of Homelessness (Recordingkeeping and Reporting Requirements§570.500) Maintain adequate documentation of homelessness status to determine the eligibility of persons served by HUD's homeless assistance programs. The documentation shall be obtained by the participant or a third party at the time of the referral, entry, intake, or orientation to the ESG-funded project. Contractor shall maintain and follow written intake procedures to ensure compliance with the homeless definition in §576.2. A copy of the documentation shall be maintained in the client file. 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 182 E. Homeless Management Information System (HMIS) §576.107 Activities funded under this Agreement must comply with HUD's standards on participation, data collection, and reporting under a local HMIS. F. Shelter and Housing Standards §570.403 The habitability standards include Lead-Based Paint remediation and disclosure requirements. Emergency Shelter must meet minimum habitability standards adopted from the SHP regulations and current Emergency Solutions Grant guidance summarized below: Habitability standards(24 CFR Part 583.300(b). Except for such variations as are proposed by the recipient and approved by HUD, supportive housing must meet the following requirements: (1)Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2)Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of f re. (3)Space and security. Each resident must be afforded adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (4) Interior air quality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (5) Watersupply. The water supply must be free from contamination. (6)Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment.The housing must have adequate heating and/or cooling facilities in proper operating condition. (8) Illumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation and refuse disposal. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10)Sanitary condition. The housing and any equipment must be maintained in sanitary condition. 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 183 (11) Fire safety. (i) Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located,to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system designed for hearing- impaired persons in each bedroom occupied by a hearing-impaired person. (ii)The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. G. Matching Requirement§576.201 Contractor must make matching contributions to supplement the ESG program funding received under this Agreement. Matching contributions may be obtained from any source, including any Federal source other than the ESG program, as well as state, local and private sources. However, the following requirements apply to matching contributions from a Federal source of funds: (i)The recipient must ensure the laws governing any funds to be used as matching contributions do not prohibit those funds from being used to match Emergency Solutions Grant(ESG)funds. (ii) If ESG funds are used to satisfy the matching requirements of another Federal program,then funding from that program may not be used to satisfy the matching requirements under this section. (c) Recognition of matching contributions. (1) In order to meet the matching requirement, the matching contributions must meet all requirements that apply to the ESG funds provided by HUD, except for the expenditure limits in § 576.100. (2)The matching contributions must be provided after the date that HUD signs the grant agreement. (3) To count toward the required match for the recipient's fiscal year grant, cash contributions must be expended within the expenditure deadline in § 576.203, and noncash contributions must be made within the expenditure deadline in § 576.203. (4) Contributions used to match a previous ESG grant may not be used to match a subsequent ESG grant. (5) Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching requirement of this section. (d) Eligible types of matching contributions. The matching requirement may be met by one or both of the following: (1) Cash contributions. Cash expended for allowable costs, as defined in OMB Circulars A-87 (2 CFR part 225) and A-122 (2 CFR part 230), of the recipient or Contractor. (2) Noncash contributions. The value of any real property, equipment, goods, or services contributed to the recipient's or Contractor's ESG program, provided that if the recipient or Contractor had to pay for them with grant funds, the costs would have been allowable. Noncash contributions may also include the purchase value of any donated building. (e) Calculating the amount of noncash contributions. (1)To determine the value of any donated material or building, or of any lease, the recipient must use a method reasonably calculated to establish the fair market value. (2) Services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the recipient's or Contractor's organization. If the recipient or Contractor does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 184 (3) Some noncash contributions are real property, equipment, goods, or services that, if the recipient or Contractor had to pay for them with grant funds, the payments would have been indirect costs. Matching credit for these contributions must be given only if the recipient or Contractor has established, along with its regular indirect cost rate, a special rate for allocating to individual projects or programs the value of those contributions. (f) Costs paid by program income. Costs paid by program income shall count toward meeting the recipient's matching requirements, provided the costs are eligible ESG costs that supplement the recipient's ESG program. H. Estimated Budget: Contractor will make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall Contractor be entitled to, or shall funds be reimbursed in excess of, the total compensation described in Paragraph No. 3 (COMPENSATION SECTION)of this Contract. Cost related to Emergency Shelter are subject to the expenditure limits found in 576.100(b), ESG funds may be used for costs of providing essential services to homeless families and individuals in emergency shelters, and operating emergency shelters. Expense Item Description Approved Budget Salaries $ 24,101.00 Benefits $ 9,706.00 Food $ 3,500.00 Insurance $ 3,596.00 Program Supplies $ 2,500.74 Repairs and Maintenance $ 7,500.00 Sub-Contract RTF $ 4,500.00 Telephone $ 2,101.00 Utilities $ 10,773.00 Grant Contract total $ 68,277.74 2014-2015 ESG Contract Attachment"A"—Scope of Work and Budget 2014-05-06 Agenda Packet Page 185 ATTACHMENT"B" San Diego County Income Limits San Diego-Carlsbad-San Marcos, CA Metropolitan Statistical Area{MSA) 2014 Household Income Limits HUD Method Note:The following household income limits are adjusted for a high cost area as San Diego-Carlsbad-San Marcos,CA MSA $ 72,700 per the Federal Housing Act of 1937 and calculated using HCD methodology to U.S.Department of Housing and Urban Development comply with Health and Safety Code Sections 500525 and 50093. December 18,2013 Effective[Date Persons earning 80%or below are considered Cow Income, thus qualify for grant funded programs under HUD eligibility criteria. /Income ely Low Income Very Low Income ow income 30% 50% 80% 120% Hahold Size Monthly 30.00% Annual Monthly 30.00%) Annual Monthly 30.00%. Annual Monthly 30.00%r Income Monthly Income Income Monthly Income Income Monthly, Income Income Monthly ONE $16,600 $1,383 $415 $27,650 $2,304 $691 $44,200 $3,683 $1,105 $61,100 $5,092 $1,527 TWO $18,950 $1,579 $473 $31,600 $2,633 $790 $50,500 $4.208 $1,262 $69,800 $5,817 $1,745 THREE $21,300 $1,775 $532 $35,550 $2,963 $888 $56,800 $4,733 $1,420 $78,550 $6,546 $1,963 FOUR 3,650 $1,971 $591 $39,450 $3,288 $986 $63,100 $5,258 $1,577 $87,250 $7,271 $2,181 FIVE 5 550 $2,129 $638 $42,650 $3,554 $1,066 $68,150 $5,679 $1,703 $94,250 $7,854 $2,356 SIX $27, 0 $2,288 $686 $45,800 $3,817 $1,145 $73,200 $6,100 $1,830 $101,250 $8,438 $2,531 SEVEN $29,3 $2,446 $733 $48,950 $4,079 $1,223 $78,250 $6,521 $1,956 $108,200 $9,017 $2,705 EIGHT $311250 $2,604 $781 $52.100, $4,342 1 302 $83,300 $6,942 $2,082 1 $115,200 $9,600 $2,880 2014-2015 ESG Contract Attachment"B"-Income Limits 2014-05-06 Agenda Packet Page 186 Attachment"C" Disclosure Statement"* Pursuant to City Council Policy 101-01,prior to any action on a matter that requires discretionary action by the City Council,Planning Commission or other official legislative body of the City,a statement of disclosure of certain ownerships,financial interests,payments,and campaign contributions must be filed.The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application,project or contract(e.g.,owner,applicant,contractor,subcontractor,material supplier). 561 Vim 5VVLMiLWki Savlea 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of$2000 or more in the business(corporation/partnerships entity. fii 0 3. If any person"`identified in section 1 above is a non-profit organization or trust,list the names of any person who is the director of the non-profit organization or the names of the trustee,beneficiary and truster of the trust. 1 h l.t! o PasiJuL- i CEO-) J. KO rrvLds f r. $a d a .( 4. Please identify every person, including any agents, employees, consultants, or independent contractors,whom you have authorized to represent you before the City in this matter. vt k %6Q blyLk e/Lout Unlhnfa, Maaritl e ?rota. S. Has any person*identified In 1,2,3,or 4,above,or otherwise associated with this contract,project or application,had any financial dealings with an official*'of the City of Ch a Vista as it relates to this contract,project or application within the past 12 months?Yes❑N.V If yes,briefly describe the nature of the financial interest the official"may have in this contract. 6. Has any person*anyone identified in 1,2,3,or 4,above,or otherwise associated with this contract, project or application,made a campaign contribution of more than 50 within the past twelve(12) months to a current member of the Chula Vista City Council?No Yes❑ If yes,which Council member(()? 7. Has any person*identified in 1,2,3,or 4,above,or otherwise associated with this contract,project or application,provided more than$420(or an item of equivalent value)to an official#° of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient,a rebate opdliscount in the price of anything of value,money to retire a legal debt,gift,loan,etc.)Yes❑No If Yes,which official**and what was the nature of item provided? 8. Has any person*identified in 1,2,3,or 4,ab ve,or otherwise associated with this contract,project or application,been a source of income o 00 or more to an official**of the City of Chula Vista in the past twelve(12)months?Yes❑No If Yes,identify the official"and the nature of the income provided? �l Date: ` �� �- ,8i ature Contractor/Applicantsi K,q f'�tYUI�..UM 0. YYLSI�!1 .r CO Printed ame 2014-2015 ESG Contract Attachment"C"- Disclosure Statement 2014-05-06 Agenda Packet Page 187 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Googins City Attorney Dated: AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2014-05-06 Agenda Packet Page 188 rte. CITY OF CHULA VISTA AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This Contract Number 981 by and between South Bay Community Services (hereinafter referred to as "Developer") and the City of Chula Vista (hereinafter referred to as "City") is effective on July 1, 2014 ("Effective Date"). WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"),Title I, Part 24, Section 570, Public Law 93-383, 88 Stat. 633, 42 U.S.0 5301-5321 with the primary objective of development of viable urban communities by providing federal assistance for community development activities in urban areas through the Community Development Block Grant Program (Catalog of Federal Domestic Assistance Number 14.218). WHEREAS,the City, is authorized to apply for and accept Community Development Block Grant funds; WHEREAS, City incorporated the Developers proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; WHEREAS, it is the desire of the Developer and the City that the Project be implemented by the Developer; WHEREAS, the Developer shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; and WHEREAS, Developer warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Developer to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW,THEREFORE, BE IT RESOLVED that the City and Developer do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. CDBG Development Agreement Page 1 of 11 Attachment No. 6 2014-05-06 Agenda Packet Page 189 ARTICLE I. DEVELOPER OBLIGATIONS A. General. 1. Work to be Performed. Developer shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Developer shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Developer include, but are not limited to, the obligation to, as applicable, comply with each of the following as may be amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended,42 USC § 5301, etseq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, etseq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non- discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Developer agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other CDBG Development Agreement Page 2 of 11 2014-05-06 Agenda Packet Page 190 understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Developer agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-Sub-recipient is in violation of the regulations in 24 CFR part 135. The Sub-recipient will not subcontract with any sub-Sub-recipient where the Sub-recipient has notice or knowledge that the sub Sub-recipient has been found in violation of the regulations in 24 CFR part 135. V. The Developer will certify that any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC § 4601, etseq., and regulations adopted to implement that Act in 49 CFR Part 24; a. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non- Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circular A-110 entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations;" b. Grant administration requirements as described in 24 CFR 570.504, which requires Developer to return any program income earned by Developer in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Developer shall transfer to the CDBG Development Agreement Page 3 of 11 2014-05-06 Agenda Packet Page 191 City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Developer's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of$25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five-year period pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract; C. 24 CFR 570.505 concerning use of real property; d. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; e. The Labor Standards Regulations set forth in 24 CFR 570.603; f. Labor Code section 1771 concerning prevailing wages; g. The Hatch Act relating to the conduct of political activities (5 U.S.C. § 1501, etseq.); h. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, et seq., and the implementing regulations in 44 CFR Parts 59-78); i. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; j. The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6); k. The Drug-Free Workplace Act of 1988 (Public Law 100-690); I. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; m. No member, officer or employee of the Developer, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any CDBG Development Agreement Page 4 of 11 2014-05-06 Agenda Packet Page 192 interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; n. The Developer certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; o. The Architectural Barriers Act of 1968 (42 U.S.C. §4151, etseq.); p. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in the operation of programs receiving federal financial assistance. HUD regulations implementing Section 504 contain accessibility requirements for new construction and rehabilitation of housing as well as requirements for ensuring that the programs themselves are operated in a manner that is accessible to and usable by persons with disabilities. Both individual units and the common areas of buildings must be accessible under Section 504. Section 504 states that "no qualified individuals with a disability in the United States shall be excluded from, denied the benefits of, or be subject to discrimination under" any program or activity that receives Federal financial assistance. Requirements common to these regulations include program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations (See 24 CFR Part 8). q. The Americans with Disabilities Act (42 U.S.C. § 12101); r. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)). These requirements are further described in Attachment A,which is attached hereto and incorporated by reference; CDBG Development Agreement Page 5 of 11 2014-05-06 Agenda Packet Page 193 s. Prior to award of any contracts or subcontracts, Developer shall verify that contractor or sub-contractor(s) is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; t. Developer shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); u. Developer shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170), including any subsequent amendments. v. Developer shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and w. Developer shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Sub-recipient to comply with the requirements of any such obligation. X. Developer shall comply with the bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference. Y. Developer shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Developer to comply with the requirements of any such obligation. 2. COMPLIANCE WITH LAWS: Developer shall comply with all applicable local, state, and federal laws, regulations, ordinances, and City Policies when performing the work required by this Contract. 3. COMPENSATION: City shall reimburse Developer reasonable gap financing expenses it incurs for work performed under this Contract. Total reimbursement (developer fee and gap financing) shall not exceed $450,000. Developer shall not submit claims to the City nor shall City reimburse Developer for costs for which Developer is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Developer monthly progress payments upon submittal by Developer of a certified statement of actual expenditures incurred, provided, however, that not CDBG Development Agreement Page 6 of 11 2014-05-06 Agenda Packet Page 194 more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Developer that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. INDIRECT COSTS: If indirect costs are charged, the Developer will develop an indirect cost allocation plan for determining the appropriate Developer's share of administrative costs and shall submit such plan to the City for approval. 6. EXPENDITURE STANDARD: To insure effective administration and performance of approved Neighborhood Stabilization Program projects and to meet HUD performance standards, Developer shall demonstrate reasonable progress on implementation of the project, expending all contracted funds within the term of the contract. In the event all funds are not expended within the term period, the City shall notify the Developer of the expenditure deficiency. Developer will have a total of 30 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Developer agrees that the City may reallocate the amount of the expenditure deficiency. 7. TERM: This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Developer has carried out all its obligations under the contract. Services of the Developer shall start on the 1"day of July 2014 and end on the 301" day of June of 2015. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Developer remains in control of CDBG funds or other CDBG assets, including program income. 8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be terminated for convenience in accordance with 24 CFR 85.44. 9. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the Neighborhood Stabilization Community Development Block Grant Program or terminates the Project that is the subject of this Contract. 10. TERMINATION OF CONTRACT FOR CAUSE: Developer and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Developer fails to fulfill in a timely and proper manner its obligations under this Contract to undertake, conduct or perform the Project identified in this Contract, or if Developer violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Developer violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Developer of the effective date of termination. Even if City terminates the Contract, Developer shall remain liable to City for all damages sustained by City due to Developer's failure to fulfill any provisions of this Contract, and City may withhold any reimbursement payments form Developer for the purpose of set-off until the exact amount of damages due to City from Developer is determined. Developer hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. The City may also, in lieu of termination and at its discretion, take any action, as stated in 24 CFR 85.43, subdivision (a), sections 1 to 5, to CDBG Development Agreement Page 7 of 11 2014-05-06 Agenda Packet Page 195 enforce this Agreement. 11. CONTRACT ADMINISTRATION: The Housing Manager of the City of Chula Vista shall administer this Contract on behalf of the City. The Executive Director of the South Bay Community Services shall administer this contract on behalf of the Developer. Within a reasonable time after the City makes a request, Developer shall give the City progress reports or other documentation as required by the City's Administrator to audit Developer's performance of this Contract. 12. RECORDS AND REPORTS: The Developer shall maintain records and make such reports as required by the City of Chula Vista to, but not limited to, enable the City to analyze Developer's project. All records of the Developer related to this Contract or work performed under the Contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. 13. RETENTION: The Developer shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five- year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 14. DATA: The Developer shall maintain data demonstrating eligibility (low-moderate locations) for services provided. Such data shall include, but not be limited to exact location of the work performed, and a description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 15. DISCLOSURE: The Developer understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Developer's responsibilities with respect to services provided under this contract, is prohibited by the state of Federal law privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 16. QUARTERLY REPORTS/ANNUAL REPORT: Developer shall provide the City with a quarterly report, submitted no later than 15 days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. Quarterly Performance Reports are due October 15 (1St Quarter), January 15 (2nd Quarter), April 15, (3rd Quarter) and July 15 (4t" Quarter). The Annual Performance Report will also be due July 15. 17. INDEMNIFICATION: City shall not be liable for, and Developer shall defend, indemnify, and hold the City, its officers, agents, employees and volunteers harmless from and against any and all claims, deductibles, self-insured retentions, demands, liability,judgments, awards,fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys'fees and court costs by this Contract arising either directly or indirectly from any CDBG Development Agreement Page 8 of 11 2014-05-06 Agenda Packet Page 196 act, error, omission or negligence of Developer or its officers, employees, agents, Developers, licensees or servants, contractors or subcontractors, including without limitation, claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Developer shall have no obligation to defend or indemnify City from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Developer and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City) reimburse and hold City and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees, consultant's fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises, and the release or discharge of hazardous materials by Developer during the course of any alteration or improvements of the Premises by Developer, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: a. Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the commencement date; b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the commencement date; c. Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the term of this Contract by any person, corporation, partnership or entity other than City. Funding from this program is a result of a Federal Grant, should Federal funding be terminated for any reason, City is not liable for any consequence of any type resulting directly or indirectly from the termination of federal funding and Developer agrees, in addition to any other indemnification provision set forth in this agreement, to indemnify, hold harmless, and defend the City against any claim, cause of action, or any form of liability as a result of, directly or indirectly, funding termination. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this Contract and shall be governed by the laws of the State of California. 18. AUDIT COSTS: Developer shall reimburse City for all costs incurred to investigate and audit Developer's performance of its duties under the Contract if Developer is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Developer under this Contract. 19. ENTIRE AGREEMENT: This Contract and referenced Attachments and Exhibits constitutes the entire CDBG Development Agreement Page 9 of 11 2014-05-06 Agenda Packet Page 197 agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. 20. MODIFICATION. This Contract may not be modified except by written amendment executed by each party. 21. ACKNOWLEDGEMENT OF FUNDING: Developer shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Developer agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. 22. INSURANCE: Developer agrees to comply with the insurance requirement set forth in Attachment "B" and/or any additional insurance requirements requested by the City, as the City deems appropriate. Failure to acquire and maintain the required insurance is a basis to take an enforcement action, or terminate this agreement. 23. NO WAIVER: No failure, inaction, neglect or delay by City in exercising any of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any other rights under this Contract. 24. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Developer: City: South Bay Community Services City of Chula Vista President and CEO Housing Manager 430 F Street 276 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 CDBG Development Agreement Page 10 of 11 2014-05-06 Agenda Packet Page 198 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA James D. Sandoval, City Manager, City of Chula Vista APPROVED AS TO FORM Glen Googins, City Attorney ATTEST City Clerk SOUTH BAY COMMUNITY SERVICES Kathryn Lembo, President and CEO Attachment A: Scope of Work Attachment B: Insurance Requirements Attachment C: Income Limits Attachment D: Disclosure Form Exhibit 1: Deed of Trust Exhibit 2: Note Secured by Deed of Trust Exhibit 3: Affordable Housing Agreement and Declaration of Covenants, Conditions, and Restrictions (CDBG Program) CDBG Development Agreement Page 11 of 11 2014-05-06 Agenda Packet Page 199 ATTACHMENT"A" SCOPE OF WORK SOUTH BAY COMMUNITY SERVICES (DEVELOPER) has a certain project to be implemented with Community Development Block Grant (CDBG) funds. The work to be accomplished includes the following: Developer: • Shall utilize Community Development Block Grant Program (CDBG) funding for the rehabilitation of 192-196 Landis Avenue Chula Vista, CA 91910 for use of permanent supportive rental housing. • Shall provide project management and oversight of services for certain aspects of the CDBG, including management and maintenance, hereinafter referred to as "Project(s)." • Shall shall secure all other funding sources included in the CDBG Application and any additional funding sources necessary to fund the project. • Shall prepare a proforma and perform a subsidy layering analysis to determine financial feasibility of the project factoring in affordability period and rent levels. CDBG funds will be available for gap financing. • Shall not expend funds until an Environmental Review (NEPA and CEQA) has been completed by the City and a Release of Funds had been obtained by HUD (if needed). • Properties rehabilitated, and leased under this agreement may only be used to benefit eligible households earning less than fifty 50% (percent) of the Area Median Income (AMI) and at Home Investment Partnerships Program rent levels as defined in 24 CFR Part 92.252(a), (c), (e) and (f), and 92.254, as defined by the City's Annual Funding Plan and Consolidated Plan. • The cost of rehabilitation is eligible under the CDBG are eligible expenses under this agreement. • Shall carry out the Project under this Agreement in accordance with the guidelines and regulations of the Community Development Block Grant Program. • Shall use the City of Chula Vista Rehabilitation Standards and at a minimum comply with applicable laws, codes, and other requirements relating to health and safety, quality, and habitability in order to rent such homes and properties. • Shall obtain any needed permits and Land Use approvals from the City of Chula Vista. • Will competitively bid the rehabilitation and submit a copy of the bid package and specifications for City review and approval. The project shall be advertised to solicit the most responsive and responsible bidder. Developer shall notify potential bidders that this is a federally funded CDBG project that includes local, Federal, and State requirements. The applicable Davis-Bacon decision rate shall be included in the bid package, if applicable. • Check the Excluded Parties List to ensure Contractors are not debarred or suspended. • Developer shall incumber the title to the CDBG eligible affordable housing project(s) using the City's Deed of Trust (Exhibit 1), Note Secured By Deed of Trust (Exhibit 2), and Declarations of Covenants, Conditions and Restrictions (Exhibit 3) to be recorded at time of escrow securing the City's financial and property interest in the project(s) and affordability period (minimum 55 years). • With regard to the CDBG eligible affordable housing project(s), Developer shall execute and use, be bound by and abide by the terms of, and cause to be encumbered the title of property acquired under the Project(s) as stated in the attached City's Deed of Trust (Exhibit 1), Note Secured By Deed of Trust (Exhibit 2), and Declarations of Covenants, Conditions and Restrictions (Exhibit 3)to be recorded at time of escrow securing the City's financial interest in CDBG Development Agreement Attachment"A" Pagel of 3 2014-05-06 Agenda Packet Page 200 the project(s) and affordability period (minimum 55 years). Exhibits 1 to 3 are hereby incorporated by reference into this agreement. • Shall participate in the City's Crime Free Multi-Family Housing program. • Program shall meet the Sustainability Goals and Objectives outlines in the City of Chula Vista's Housing Element. City: • The City will reimburse Developer for reasonable costs, related to CDBG-assisted housing rehabilitation or construction activities, at a level approved by the City. • The City shall provide Developer with Deed of Trust (Exhibit 1), Promissory Note (Exhibit 2), and Covenant Agreement (Exhibit 3) to be recorded at time of escrow securing the City's financial interest in the project(s) and affordability period (minimum 55 years). • City shall provide technical assistance to Developer to ensure CDBG Project is carried out successfully and in compliance with HUD regulations. • City shall complete the necessary environmental reviews. The Scope of Services outlined above shall not be altered without written approval of the City. Performance Measurement: Create a minimum of 7 rental units serving households earning less than 50% of the Area Median Income for the City of Chula Vista. CDBG National Objective: Very Low Income Residents at or below 50 (%) Percent Area Median Income A. TIME SCHEDULE: DEVELOPER will make all good faith and reasonable efforts to fullfill the project by June 30, 2015, or earlier. B. BUDGET: DEVELOPER shall make all good faith and reasonable efforts to complete the work under this Contract within the following budget. In no case shall DEVELOPER be entitled to, nor shall City reimburse DEVELOPER, more than $450,000 for work performed under this Contract. In addition to the required quarterly reports identified in Section 12 of this CONTRACT, the Developer shall document all clients served to ensure that those served are at or below 50 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled semi-annually and submitted to the City each January 15 and July 15 during the affordability period and shall be submitted to the City of Chula Vista Development Services Department — Housing Division upon receipt of a written request and at the time of any monitoring of project records. Developer shall also submit to the City in a timely manner other reports as requested/required by HUD and/or the City including, but not limited to Contractor/Subcontractor: Semi-Annual Labor Standards Enforcement Reports (HUD-4710), Annual Minority Business Enterprise Activity Reports (HUD-2516), Section 3 Reports (HUD-60002) and provide, as requested by HUD and/or the City, information necessary to prepare the Grantee Consolidated Annual Performance and Evaluation Report (CAPER), Consolidated Plan, Annual Plan and other such reports and/or plans. Attachment"A"—Scope of Work Page 2 of 3 2014-05-06 Agenda Packet Page 201 ATTACHMENT "B" INSURANCE REQUIREMENTS Developer must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Developer, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, codel (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Developer/Contractor must maintain limits no less than: 1. General Liability: (Including $1,000,000 per occurrence for bodily injury, personal injury and operations, products and property damage. If Commercial General Liability insurance with a completed operations, as general aggregate limit is used, either the general aggregate limit applicable.) must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Statutory Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Developer/Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate,the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Developer/contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Developer/contractor including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage Attachment"B"—Insurance Requirements Page 1 of 2 2014-05-06 Agenda Packet Page 202 must be provided in the form of an endorsement to the Developer's/contractor's insurance using ISO CG 2010 (11185) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. 2. The Developer's/contractor's insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Developer/contractor and in no way relieves the Developer/contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days'prior written notice to the City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Developers/Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Developer/Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Developer and its Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. Attachment"B"—Insurance Requirements Page 2 of 3 2014-05-06 Agenda Packet Page 203 Bonding Requirements Prior to commencement of rehabilitation, Developer shall file with the City on the approved forms, the surety bonds in the amounts and for the purposes noted below. The surety must posses a minimum rating from A.M. Best Company of A-VII. and be listed as an acceptable surety on federal bonds by the United States Department of the Treasury. Developer shall pay all premiums and costs thereof and incidental thereto, as security for payment of persons named in California Civil Code Section 3181 or amounts due under Unemployment Insurance Code with respect to Work or Labor performed by any such claimant. All alterations, time extensions, extra and additional work, and other changes authorized by the Specifications, or any part of the Contract, may be made without securing consent of the surety or sureties on the contract bonds. Each bond shall be signed by both Developer and the sureties. Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given Developer to that effect, and Developer shall forthwith substitute a new surety or sureties satisfactory to the Developer. No further payment shall be deemed due or will be made under the Contract until the new sureties qualify and are accepted by the City. i. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. ii. A performance bond on the part of the developer for 100 percent of the contract price, as determined from the prices in the bid form, and shall insure the faithful performance by developer of all work under the Contract. It shall also insure the replacing of, or making acceptable, any defective materials or faulty workmanship. iii. A payment bond on the part of the contractor for 100 percent of the contract price, as determined from the prices in the bid form, and shall inure to the benefit of persons performing labor or furnishing materials in connection with the work of the proposed Contract. This bond shall be maintained in full force and effect until all work under the Contract is completed and accepted by the City, and until all claims for materials and labor have been paid. Attachment"B"—Insurance Requirements Page 3 of 3 2014-05-06 Agenda Packet Page 204 ATTACHMENT "C" 2014 San Diego Income Limits Median Income: $72,700 San Diego-Carlsbad-San Marcos, CA Metropolitan Statistical Area(MSA) 2014 Household Income Limits HUD Method Note:The following household income limits are adjusted for a high cast area as San Diego-Carlsbad-San Marcos,CA MSA $ 72,700 per the Federal Housing Act of 1937 and calculated using HC methodology to U.S.Department of Housing and Urban Development comply with Health and Safety Code Sections 50052.5 and 50093. December 18,2013 Effective Date Persons earning 80%or below are considered Cow Income, thus qualify for grant funded programs under HUD eligibility criteria. Ext ely Low Income Very Lour Income ow Income 30% 50% 80% 120% Hshold Sae nnual Monthly 30.00% Annual Monthly 30.00%) Annual Monthly 30.00%u, Annual Monthly 30.00% Income Income Monthly Income Income Monthly Income Income Monthip Income Income Monthly ONE 116,600 11,383 $415 $27,650 $2,304 $591 $44,200 $3,683 $1,105 $61.100 $5,092 $1.527 TWO $18,950 $1,579 $473 $31,690 $2,633 $790 $50,500 $4,208 $1,262 $69,800 $5,817 $1,745 THREE $21,300 $1,775 $532 $35,550 $2,963 $688 $56,800 $4,733 $1,420 $78,550 $6,545 $1,963 FOUR 3,650 $1,971 $591 $39,450 $3,288 $985 $63,100 $5,258 $1,577 $87,250 $7,271 $2,181 FIVE $ 550 $2,129 $638 $42,656 $3,554 $1,065 $68,150 $5,679 $1,703 $94,250 $7,854 $2,356 Six $27, 0 $2,288 $686 $45,800 $3,817 $1,145 $73,200 $6,100 $1,830 $101,250 $8,438 $2,531 SEVEN $29,3 $2,446 $733 $48,950 $4,079 $1,223 $78,250 $6,521 $1,956 $108,200 $9,017 $2,705 EIGHT $31,250 $2,604 $781 $52100 $4,342 $1,302 $83,300 $6,942 $2,082 $115,200 $9,600 $2,880 Attachment"C"-Income Limits Page 1 of 1 2014-05-06 Agenda Packet Page 205 ATTACHMENT"D": Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract(e.g.,owner,applicant,contractor,subcontractor, material supplier). [Type response here.] 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of$2000 or more in the business(corporation/partnership)entity. [Type response here.] 3. If any person* identified in section 1 above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. [Type response here.] 4. Please identify every person, including any agents,employees,consultants,or independent contractors,whom you have authorized to represent you before the City in this matter. [Type response here.] 5. Has any person* identified in 1,2, 3,or 4,above,or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months?Yes[:] No[:] If yes, briefly describe the nature of the financial interest the official may have in this contract. [Type response here.] 6. Has any person* anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No❑Yes❑ If yes,which Council member(s)? [Type response here.] 7. Has any person* identified in 1, 2,3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes❑ No❑ If Yes, list official and what was the nature of item provided? [Type response here.] 8. Has any person* identified in 1, 2,3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of$500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes❑ No❑ If Yes, identify the official and the nature of the income provided? [Type response here.] :[Enter Date Here :[Name of Person Signing Signature: * Person is defined as:any individual,firm,co-partnership,joint venture,association,social club,fraternal organization,corporation, estate,trust,receiver,syndicate,any other county,city, municipality,district,or other political subdivision,or any other group or combination acting as a unit. ** Official includes,but is not limited to: Mayor,Council member,Planning Commissioner,Member of a board,commission,or committee of the City,and City employees or staff members. Attachment"D"—Disclosure Statement 2014-05-06 Agenda Packet Page 206 NO CHARGE ON THIS DOCUMENT PER CALIFORNIA GOVERNMENT CODE SECTION 6103 Recording Requested By And When Recorded Mail To: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (TENANT RESTRICTIONS) (LOFTS ON LANDIS) (City CDBG Residual Receipts Loan) THIS AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration") is dated as of the day of March, 2014, by South Bay Community Services, a California non-profit public benefit corporation ("Declarant") in connection with that certain parcel of real property ("Property") located in the City of Chula Vista ("City"), County of San Diego, California, described in Exhibit"A" attached hereto and incorporated herein by reference. RECITALS A. The Property is generally located at 192-196 Landis Avenue in Chula Vista, California (as more particularly described on the Property Legal Description attached hereto as Exhibit "A", the "Property"). Declarant has title to the Property and will be rehabilitating and permanently financing an affordable housing project, with the aid of a loan from the City of Chula Vista ("City") in the original principal amount of $450,000.00 ("City CDBG Loan") utilizing U.S. Department of Housing and Urban Development ("HUD") Community Development Block Grant Program (CDBG) for the use of soft costs and rehabilitation costs. B. The City CDBG Loan was conditioned in part upon the recordation of a document setting forth certain restrictions upon the use and sale of the Property against the Declarant's Leasehold Estate. This Declaration is that document and shall be the AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 207 "Declaration" that contains the CDBG restrictions as set forth in the Loan Documents. C. The Property is subject to the City Council Resolution Number dated May 6, 2014. NOW, THEREFORE, Declarant hereby declares that the Property shall be subject to the covenants, conditions and restrictions set forth below: 1. Restrictive Covenants. Declarant agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Declaration set forth seven (7) units at the Property shall be set aside and reserved as affordable CDBG Units restricted pursuant to the CDBG Program ("Affordable Units") for twenty (20) years. The 20 Year affordability period begins after all units are occupied by eligible residents. As used herein the term "Affordable Units" shall refer to those residential units at the Property which are owned or held available strictly in accordance with the terms and conditions set forth below. The Affordable Units, will be designated prior to initial occupancy at the discretion of City. After initial lease up, such designations are to be floating units and may be changed by Declarant, provided that the units before and after the change in designation are of the same unit types, size, features and otherwise comply with the terms of 24 C.F.R. §92.2520). (a) Affordable Unit Restrictions. The seven (7) Affordable Units shall be occupancy restricted at or below 50% of area median income with monthly rents not to exceed the applicable LOW HOME rents, as issued by the City, using data published periodically by the U.S. Department of Housing and Urban Development (HUD) as the then current area median income for the San Diego- Carlsbad-San Marcos Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size, from which a utility allowance, as approved by the Development Services Director, or designee, shall be deducted. The restrictions set forth in the Table below shall establish the maximum rental rate, when not precluded by state law, from which a utility allowance, as approved by the City, shall be deducted: TABLE 1: RENT, INCOME AND OCCUPANCY RESTRICTION CRITERIA 1 2 3 4 5 6 UNIT NUMBER OF MAXIMUM%OF MAXIMUM MONTHLY RENTS YEARS OF MAXIMUM DESCRIPTION AFFORDABL AREA MEDIAN AS PERCENTAGE OF AREA RENT UNIT E UNITS INCOME OF MEDIAN RESTRICTION OCCUPANCY ELIGIBLE INCOME ADJUSTED FOR TENANTS FAMILY SIZE APPROPRIATE FOR THE UNIT(MOST RESTRICTIVE SHALL APPLY) Studio 7 50%of AMI LOW HOME RENT 20 2 TOTAL AFFORDABLE 7 UNITS AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 208 (b) "Eligible Tenants" are those tenants whose aggregate gross annual income does not exceed the respective percentages set forth in Section 1(a), above of annual median income, as adjusted for family size. For CDBG program purposes, income shall be calculated using 24 CFR Part 5 and determined using the HOME program regulation at §92.203. For purposes of this Declaration, the area median income shall be the median income defined by the Department of Housing and Urban Development (HUD) as the then current area median income for the San Diego- Carlsbad-San Marcos Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size. The rents and the occupancy restrictions shall be deemed adjusted, from time to time, in accordance with any adjustments that are authorized by HUD or any successor agency. In the event HUD ceases to publish an established median income as aforesaid, City may, in its sole discretion, use any other reasonably comparable method of computing adjustments in median income or HOME Program rents. Notwithstanding anything contained herein to the contrary, to the extent any other restrictions applicable to the Property limit the rent and/or occupancy of the Property, the most restrictive shall apply. (c) An adjustment of rents may be performed annually in accordance with the rents contained in the applicable City or HUD rent schedules published by the City of Chula Vista for the affected unit type and updated from time to time. However, in no event shall the rents of the CDBG Units, as adjusted, exceed the maximum rents chargeable for CDBG Units using LOW HOME rents. Further, the rents charged shall be further limited as set forth in Paragraph 14, hereof. 2. Affordable Marketing Plan Compliance, Selection of Residents. Declarant shall utilize the City's standardized management and marketing plan for rental of all of the Affordable Units. Notwithstanding the foregoing, to the extent the management and marketing plan for rent of all of the low income units at the Property is subject to the review and approval of the U.S. Department of Housing and Urban Development ("HUD"), Declarant agrees to submit such plan to HUD for its review and approval and to make such changes as are required pursuant to any regulations, policies and/or handbooks of HUD. Declarant's marketing of units shall be in compliance with federal and state fair housing law. All tenants of each CDBG Unit shall meet the income requirements set forth herein and tenancy Declarant's marketing of the Affordable Units shall be in compliance with federal and state fair housing laws. The marketing plan, at a minimum, requires publicizing the availability of the Affordable Units within the City, such as notices in any City-sponsored newsletter, advertising in local newspapers and notice in City offices. In the event the City implements a master waiting list for affordable housing in the City ("Master List"), then Developer shall provide notices to AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 209 persons on the Master List of the availability of the Affordable Units, prior to undertaking other forms of marketing. Developer shall give the persons on the Master List not fewer than fifteen (15) days after receipt of such notice to respond by submitting application forms for rental of the Affordable Units. Selection of residents shall be made based upon the Master List, rather than on a first-come, first-serve basis. Provided, however, (i) all tenants of each Affordable Unit shall meet the income requirements set forth herein and tenancy and eligibility shall be in conformance with the terms and standards set forth in the management marketing plan and no preference may be used for the purpose or effect of delaying or otherwise denying admission to the Property or unit based on the race, color, ethnic origin, gender, religion, disability, or age of any member of an applicant household; and (ii) nothing herein shall restrict Declarant from screening tenants through the application of criteria which is lawful and customary in apartment management in San Diego County and otherwise consistent with federal, state and local regulations and restrictions related to the financing for the Project. 3. Accessibility Standards Declarant must meet the requirements at 24 CFR Part 8, implementing regulations of the Rehabilitation Act of 1973 [29 U.S.C. 794]. All units shall be built to conform to the design and construction of the Fair Housing Act. a) Section 504 implementing regulations (24 CFR Part 8) apply to the Property. b) All common spaces in the Property must be made accessible in accordance with the Uniform Federal Accessibility Standards (UFAS). c) The number of units that must be made accessible to persons with mobility- impairments and the number of units that must be made accessible to persons with sensory impairments in accordance with UFAS. d) Declarant shall develop procedures so that information regarding the availability of assessable units reaches eligible persons with disabilities and that ensures that reasonable, nondiscriminatory steps are taken to make sure that accessible units that become available are offered first to persons with disabilities who require accessibility features. 4. Determination, Annual Requalification. Declarant shall obtain from each person to whom Declarant leases an Affordable Unit a "Supplemental Rental Application" ("Application") in the form of Exhibit "B", attached hereto (or such other form as City may from time to time adopt). Declarant shall be entitled to rely on the Application and supporting documents thereto in determining whether a household is an "Eligible Tenant". Declarant shall retain the Application and supporting documents for a period of not less than five (5) years after the household ceases to occupy an Affordable Unit. An Affordable Unit occupied by an Eligible Tenant, shall be treated as an Eligible Tenant AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 210 until a recertification of such tenant's income demonstrates that such tenant no longer qualifies as an "Eligible Tenant." Notwithstanding the foregoing, Declarant agrees to comply with any and all regulations, policies and/or handbooks of HUD, with respect to determination of tenant eligibility with respect to the CDBG Units to the extent the HUD requirements vary in any way from the requirements of this Declaration. 5. Relationship with Declarant. The term "Eligible Tenant" shall not include Declarant or any individuals who are partners or shareholders in Declarant or in any entity having an interest in Declarant or in the Property, or officer, employee, agent or consultant of the owner, developer or sponsor. 6. No Student Participation. The CDBG program adopts the Section 8 Housing Choice Voucher (HCV) program restrictions on student participation found in 24 CFR Part 5.612, which excludes any student that: a) Is enrolled in a higher education institution b) Is under the Age of 24 c) Is not a veteran of the U.S. military d) Is not married e) Does not have a dependent child(ren) f) Is not a person with disabilities g) Is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible on the basis of income. Excluded students are prohibited from receiving any type of CDBG assistance, including renting a CDBG assisted rental unit, or otherwise participating in the CDBG program independent of their low-or very low-income families. 7. Income of Co-tenants, etc. The income of all co-tenants and/or non-dependent occupants shall be taken into account in determining whether a household is an Eligible Tenant hereunder(§92.903(d)(1). 8. Eviction. (a) Any Reason Other Than Over Income. In the event that a tenant who was properly certified as an Eligible Tenant at the commencement of such tenant's occupancy ceases to be eligible, for any reason other than being over income, Declarant shall give sixty (60) days written notice to such tenant to vacate the Affordable Unit. The vacated Affordable Unit shall thereafter be rented to an Eligible Tenant. (b) Over Income Tenants. When the gross income of a tenant who occupies an Affordable Unit exceeds the "low income" definition as defined in CFR 92.252(i), AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 211 then the tenant shall commence paying rent equivalent to thirty percent (30%) of the Tenant's adjusted income, subject to the fair market rent ceiling as set forth in HOME Regulation 92.252(i) and the next available comparable sized and configured unit shall be designated as an Affordable Unit. The tenant shall continue to be considered an "Eligible Tenant" until evicted, provided this continued occupancy otherwise complies with all applicable HOME Program requirements. 9. Maintenance. (a) Physical Condition of Affordable Units. After completion of the Affordable Units, Declarant shall continually maintain the Affordable Units in a condition which satisfies HUD's Property Standards §92.251, as such standards are interpreted and enforced by City under their normal policies and procedures. City shall have the right to inspect the Affordable Units from time to time, on reasonable notice and at reasonable times, in order to verify compliance with the foregoing maintenance covenant. Further, each Affordable Unit shall be requalified annually, as to the foregoing maintenance covenant, as part of the annual tenant requalification process described in Section 4 above. Any deficiencies in the physical condition of an Affordable Unit shall be corrected by Declarant at Declarant's expense within thirty (30) days of the identification of such deficiency by City and delivery of written notice of the same to Declarant (unless such deficiency is not capable of being cured within such thirty (30) day period, then such amount of time as City determines is needed, not to exceed one hundred twenty (120) days, provided Borrower commences cure within such thirty (30) day period and continues to diligently pursue cure). (b) Crime-Free Project. At all times during the term of this Declaration, the Declarant shall participate in the City's Crime-Free Multifamily Housing Program, or any successor or similar program established by the City. 10. Monitoring. It is contemplated that, during the term of this Declaration, the City will perform the following monitoring functions: (a) preparing and making available to Declarant any general information that the City possess regarding income limitations and restrictions which are applicable to the Affordable Units; (b) reviewing the documentation submitted by Declarant in connection with the annual certification process for Eligible Tenants described in Section 3, above (24 C.F.R. §92.2520)); (c) examining the financial condition of the project at least annually to ensure long term financial viability; and (d) inspecting the Affordable Units to verify that they are being maintained in accordance with Section 9, above. Notwithstanding the foregoing description of City functions, Declarant shall have no claim or right of action against City based on any alleged failure to perform such function. In addition, the Declarant shall cooperate with AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 212 and utilize such forms, software, websites and third-party vendors as may be required by the City. 11. Lease Provisions. Declarant agrees that it will include in all of its leases and cause its successors in interest to include in all of their leases, all provisions required under the terms of the HOME Program, including the following provisions: a) Additional Lease Provisions/Annual Income Verification. Lessee agrees, upon written request from the Landlord, City of Chula Vista ("City"), to certify under penalty of perjury the accuracy of all information provided in connection with the examination or reexamination of annual income of the tenant's household. Further, tenant agrees that the annual income and other eligibility requirements are substantial and material obligations of the tenancy and that the tenant will comply promptly with all requests for information with respect to the tenancy from the Landlord and City. Further, tenant acknowledges that tenant's failure to provide accurate information regarding such requirements (regardless of whether such inaccuracy is intentional or unintentional) or the refusal to comply with the request for information with respect thereto, shall be deemed a violation of this lease provision, and a material breach of the tenancy and shall constitute cause for immediate termination of the tenancy. b) Term of Lease for CDBG Units. Lessee has been made aware by Landlord that the unit being leased was assisted with CDBG funds. Under the provisions of 24 CFR 92.253, a lease must be for a period of not less than one (1) year unless the parties agree by mutual agreement that the term of the lease be less. The Lessee acknowledges that it has been made aware of the provisions of 24 CFR 92.253. 12. Compliance with CDBG and Local Regulations. Declarant shall comply with all regulations, policies and procedures promulgated by HUD, or by City in connection with the CDBG Program, under which the Loan is being made to Declarant. Declarant's failure to so comply shall constitute a material default hereunder, entitling City to the remedies set forth herein. 13. Successors Bound. Declarant covenants, for itself and its successors and assigns, not to sell, transfer, assign or otherwise dispose of ownership of the Property, without the express written consent of the City. Any prospective purchaser, transferee or assignee shall expressly promise in writing to be bound by all of the provisions hereof, including the covenant in this Section 13 to require successors to expressly assume the obligations herein. It is expressly acknowledged that the covenants and restrictions set forth herein shall survive any repayment of the Loan. Further, the obligations of Declarant hereunder shall be deemed independent of Declarant's obligations under the Loan. AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 213 14. Maximum Rent To Be Collected by Declarant. In no event, shall all of the rent, including the portion paid by the Eligible Tenant and any other person or entity, collected by Declarant (the "Total Rent") for any rent restricted unit exceed the amount of rent set forth in this Declaration. Total Rent includes all payments made by the Eligible Tenant and all subsidies received by Declarant. In the case of persons receiving Section 8 benefits, who are Eligible Tenants, Declarant acknowledges that it shall not accept any subsidy or payment that would cause the Total Rent received for any restricted unit to exceed the maximum rents allowed by this Declaration, for any Affordable Unit. Should Declarant receive Total Rent in excess of the allowable maximum rent set forth in this Declaration, Declarant agrees to immediately notify City and reimburse the City for any such overpayment. Acceptance by Declarant or its successors in interest, of Total Rent in excess of the maximum rent set forth in this Declaration shall constitute a material breach of the Loan Agreement and this Declaration. 15. Cross Default. A default under the Loan Agreement, including without limitation failure to make the payments to the City pursuant to the same, shall be a material default under this Declaration. 16. Term. This Declaration and the covenants and restrictions contained herein shall be effective on the date this Declaration is recorded and shall remain in full force and effect for a period of twenty (20) years from the date of issuance of the certificate of occupancy and stabilized occupancy for the 33rd residential unit at the Property. 17. Enforcement. Declarant expressly agrees and declares that the City or any successor public entity is a proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity to enforce the provisions hereof and/or to recover damages for any default hereunder, notwithstanding the fact that such damages or the detriment arising from such default may have actually been suffered by some other person or the public at large. Further, the City or any successor public entity shall be the proper party to waive, relinquish, release or modify the rights, covenants, obligations or restrictions contained in or arising under this Declaration. 18. Attorneys' Fees. In the event that any litigation for the enforcement or interpretation of this Declaration, whether an action at law or arbitration or any manner of non judicial dispute resolution to this Declaration by reason of the breach of any condition or covenant, representation or warranty in this Declaration, or otherwise arising out of this Declaration, the prevailing party in such action shall be entitled to recover from the other reasonable attorneys' fees to be fixed by the court which shall render a judgment, as well as the costs of suit. 19. Severability. In the event that any provision or covenant of this Declaration is held by a court of competent jurisdiction to be invalid or unenforceable, then it shall be severed AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 214 from the remaining portions of this Declaration which shall remain in full force and effect. 20. Covenants to Run With the Land. The covenants contained herein shall constitute "covenants running with the land", and shall bind the Property and every person having an interest therein during the term of this Declaration. Declarant agrees for itself and its successors that, in the event that, for any reason whatsoever, a court of competent jurisdiction determines that the foregoing covenants do not run with the land, such covenants shall be enforced as equitable servitudes against the Property. 21. Recordation, Waiver and Amendment, Payment of Fees. This Declaration shall be recorded in the Office of County Recorder of San Diego, California. No provision of this Declaration, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision. Except as otherwise provided herein, this Declaration may be amended, modified or rescinded only in writing signed by Declarant, the City. In the event the City consent to such an amendment, modification or rescission, the same shall be conditioned upon Declarant's payment of all fees and costs incurred by the City with respect to the same, including without limitation attorneys' fees. 22. Remedies. (a) Contract Governed by Laws of State of California. This Declaration, its performance, and all suits and special proceedings under this Declaration, shall be constituted in accordance with the laws of the State of California and Federal law, to the extent applicable. In any action, special proceeding, or other proceeding that may be brought arising out of, under or because of this Declaration, the laws of the State of California and the United States, to the extent applicable, shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. (b) Standing, Equitable Remedies, Cumulative Remedies. Declarant expressly agrees and declares that City, or any successor or public entity or agency shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any default hereunder, notwithstanding the fact that such damages or the detriment arising from such a default may have actually been suffered by some other person or by the public at large. Further, Declarant expressly agrees that receivership, injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder, and that, upon any default, and to assure compliance with this Declaration. Nothing in this subparagraph, and no recovery to the City, shall restrict or limit the rights or remedies of persons or entities other than City, against Declarant in connection with the same or AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 215 related acts by Declarant. The remedies set forth in this Section are cumulative and not mutually exclusive, except the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. (c) Remedies at Law for Breach of Tenant Restrictions. In the event of any material default under Sections 1 through 21 hereof regarding restrictions on the operation and the transfer of the Property, the City shall be entitled to, in addition to any and all other remedies available at law or in equity: (i) declare the City HOME Loan to be all due and repayable; and (ii) recover compensatory damages. If the default in question involves the collection of rents in excess of the rents permitted hereunder, the amount of such compensatory damages shall be the product of multiplying: (a) the number of months that the default in question has continued until the time of trial by (b) the result of subtracting the rents properly chargeable hereunder for the Affordable Units in question from the amount actually charged for those Affordable Units. Declarant, the City agrees that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to City as a result of such a default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive and separate breaches which may occur. Further, interest shall accrue on the amount of such damages from the date of the breach in question at the rate of ten percent(10%) per annum or the maximum rate than allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (d) Expert Witness, Attorneys' Fees, and Costs. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of the Loan Agreement and/or this Declaration shall be entitled to their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") §1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP §998. 23. Mortgagees Protection. No violation or breach of the covenants, conditions,restrictions, provisions or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any permitted deed of trust recorded on the Property provided, however, that any subsequent owner of the Property shall be bound by the covenants, conditions, restrictions, limitations and provisions of this Declaration, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 24. Property Manager. At all times that this Declaration is in force and effect, and City has served a ten (10) day written notice of deficiencies in the property management for the Property which do not conform to the standards of property management of a professional property manager operating similar properties in San Diego County and AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 216 which deficiencies have not been rectified by Declarant, within the ten (10) day period (unless such deficiency is not reasonably capable of being cured within such ten (10) day period, then such reasonable amount of time as is needed not to exceed 90 days, provided Declarant commences cure within such ten (10) day period and continues to diligently pursue cure), then, City, as applicable, shall have the right, in its reasonable discretion, and upon ten (10) days written notice: (i) to require the retention of a professional property management firm to manage the Property; (ii) to approve, in advance and in writing, the retention of any such property management firm, including the terms of the contract governing such retention; and (iii) to require Declarant to terminate any such property management firm, provided that such termination shall comply with the termination provisions of the management contract in question. Declarant shall cooperate with City to effectuate the rights set forth in this Section 24. 25. Section 42 of the Internal Revenue Code (a) Section 42(h)(6)(E)(ii) of the Internal Revenue Code does not permit the eviction or termination of tenancy (other than for good cause) of an existing tenant of any low- income unit or any increase in the gross rent with respect to such unit not otherwise permitted under Section 42 for three (3) years after the date the Property is acquired by foreclosure or deed in lieu of foreclosure. (b) Notwithstanding anything to the contrary contained in the Loan Agreement or this Declaration, City acknowledges that pursuant to Section 42 of the Internal Revenue Code, the Property will be subject to a regulatory agreement by and between Declarant and the California Tax Credit Application Committee (the "TCAC Regulatory Agreement"). The City further acknowledges and agree that the terms and conditions of the TCAC Regulatory Agreement may impose rental restrictions that are more strict than the restrictions set forth herein, and compliance by Declarant of any such stricter rental restrictions set forth in the TCAC Regulatory Agreement shall not constitute a default hereunder or under the Loan Agreement or any of the documents executed by Declarant in conjunction therewith. 26. No Conversion to Condominiums. Declarant agrees that the conveyance, transfer or sale of any portion of the Property as a condominium, shall be a breach of this Declaration, the Loan Agreement, entitling the City to immediately exercise any and all of their rights and remedies under this Declaration, the Loan Agreement, including without limitation acceleration of the City CDBG Loan and foreclosure under the deed of trust securing the City CDBG Loan. 27.Noticing Requirements Prior to Termination. Prior to termination of this Declaration, Declarant shall comply with any and all noticing requirements required under any applicable laws or regulations, including without limitation, the requirements of California Government Code Sections 65863.10 and 65863.11. AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 217 28. Covenant Against Discrimination. Declarant covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, not to discriminate against any tenant or prospective tenant of any HOME Unit on the basis of their race, age, sexual orientation, marital status, color, religion, sex, handicap, or national origin, as referenced in all applicable state, local and federal law. 29.No Novation, Conflicts Between Agreements. This Declaration is not a novation of, and does not supersede or otherwise amend all or any part of the Loan Agreement, the terms of which are hereby ratified and agreed to by Declarant. Notwithstanding the foregoing or anything to the contrary set forth in the Loan Agreement, the provisions of this Declaration shall apply in the event of a conflict between any provision of this Declaration and any provision of the Loan Agreement. 30. Signature Authority. All individuals signing this Declaration for a party which is a corporation, a partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the City that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. DECLARANT: South Bay Community Services, a California non-profit public benefit corporation By: Kathryn Lembo, Chief Executive Officer CITY: City of Chula Vista By: James D. Sandoval, City Manager Approved as to form: By: Glen Googins, City Attorney AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 218 ACKNOWLEDGMENT State of California ) County of San Diego ) On 2014 before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 219 Exhibit "A" Property Description That certain leasehold interest in the real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: APN: AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) EXHIBIT"A"-PROPERTY DESCRIPTION 2014-05-06 Agenda Packet Page 220 Exhibit `B" Supplemental Rental Application AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS(HOME) EXHIBIT"B"-SUPPLEMENTAL RENTAL APPLICATION 2014-05-06 Agenda Packet Page 221 DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND THE DEED OF TRUST SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. ---------------------------------------------------------------------------------------------------------------- NOTE SECURED BY DEED OF TRUST (LANDIS STUDIOS-CITY CDBG RESIDUAL RECEIPTS LOAN) ("CDBG Note") San Diego, California Month Day, 2014 1. Principal and Interest. FOR VALUE RECEIVED, and in consideration of Chula Vista City Council Resolution No. 2014- dated May 6, 2014, the City of Chula Vista ("Lender"), made by the City of Chula Vista, a public body, corporate and politic ("City"), South Bay Community Services, a California non-profit public benefit corporation ("Maker")promises to pay to City, or order, at 276 Fourth Avenue, Chula Vista, California 91910, or such other place as the holder may from time to time designate by written notice to Maker the principal sum of FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) in Community Development Block Grant Program funds, or so much as is advanced, together with accrued interest from the date of disbursement on the disbursed and unpaid principal at the interest rate of three percent (3%) simple interest per annum, except in the event of a default under this Note or any of the Loan Documents, as defined below, in which event ten percent (10%) simple interest shall be deemed to have accrued as of the date of default under this Note. This Note is issued pursuant to the deed of trust (the "Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. The real property described in the Deed of Trust shall be referred to herein as the "Property." The Note, Deed of Trust, and Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions are sometimes collectively referred to herein as the "Loan Documents." 2. Term of Loan,Due Date and Right of Prepayment. Due Date and Right of Prepay. Payments shall be due and payable on the earlier of the following dates: a) Commencing one year after the timely filing of the Certificate of Completion, by the City, but no later than July 1St, 2015, and on July 1St of each year thereafter, Maker shall calculate its Residual Receipts for the previous calendar year, as defined herein, submit to City a report calculating payment or nonpayment of Residual Receipts and pay to the Lender Percent(50%) of the Residual Receipts for the previous calendar year and shall be made payable to the City. The other fifty percent(50%) of Residual Receipts shall be retained by Maker. NOTE SECURED BY DEED OF TRUST(CDBG) PAGE 1 OF 7 2014-05-06 Agenda Packet Page 222 b) Fifty-five (55) years from the City's issuance of the final Certificate of Occupancy, but no later than sixty (60) years from the date of this CDBG Note, when all principal and accrued interest shall be due and payable. c) Acceleration of this CDBG Note pursuant to the provisions of Paragraph 4 of this CDBG Note,when all principal and accrued interest shall be due and payable; or d) Upon default under the terms of this CDBG Note as referenced in Paragraph 4 hereof, when all principal and accrued interest shall be due and payable. e) "Residual Receipts" shall mean "Gross Revenue" (as defined below) from the Property minus the "Reasonable Operating Expenses" (as defined below) for the same period, calculated on a calendar year basis, as provided in the Residual Receipts Computation form attached hereto as Exhibit "A". All calculations of Residual Receipts during the preceding calendar year shall be subject to verification and approval by the City. f) "Gross Revenue" shall mean all revenue, income, receipts, and other consideration actually received from operation and leasing of the Property. Gross Revenue shall include, but not be limited to: all rents, fees and charges paid by tenants, Section 8 payments or other rental subsidy payments received for the dwelling units, all cancellation fees; proceeds from vending and laundry room machines; the proceeds of business interruption or similar insurance to the extent not applied to the first lien priority loan from (Insert Name of 1St Loan), in an original principal amount that shall not exceed $ , (collectively, the "Senior Loan"); the proceeds of casualty insurance to the extent not utilized to repair or rebuild the Project or applied to the Senior Loan; and condemnation awards for a taking of part or all of the Project for a temporary period to the extent not applied to the Senior Loan or used to repair or restore the Project. Gross Revenue shall not include tenants' security deposits, loan proceeds, capital contributions or similar advances or payments from reserve funds. g) "Reasonable Operating Expenses". "Reasonable Operating Expenses" shall mean any and all reasonable and actually incurred costs associated with the ownership, operation, use or maintenance of the Property, calculated in accordance with generally accepted accounting principles. Such expenses may include,without limitation, property and other taxes and assessments imposed on the Project; premiums for property damage, liability and business interruption insurance; utilities not directly paid for by the tenants including, without limitation, water, sewer, trash collection, gas and electricity; maintenance and repairs including, without limitation, pest control, landscaping and grounds maintenance, painting and decorating, cleaning, general repairs, and supplies; tenant relocation costs and expenses; license fees or certificate of occupancy fees required for operation of the Project; general administrative expenses directly attributable to the Property including, without limitation, advertising and marketing, security services and systems, and professional fees for legal, audit and accounting; property management fees and reimbursements including on-site manager and assistance manager expenses; debt service on any loan made to the Maker by any partner of the Maker to cover operating expenses; cash deposited into a reserve for capital replacements of the Project improvements and an NOTE SECURED BY DEED OF TRUST(CDBG) PAGE 2 OF 7 2014-05-06 Agenda Packet Page 223 operating reserve; and reasonable supplemental management fees. In no event shall expenditures, including attorneys' fees or litigation costs, normally required to be paid out of the Replacement Reserve, be treated as Reasonable Operating Expenses unless specifically approved in writing by the City. For purposes of the foregoing definition of "Reasonable Operating Expenses," any property management fee which is paid to Maker or an affiliate of Maker shall at no time exceed an amount as is customary and standard for affordable housing projects similar in size, scope and character to the Project. Notwithstanding the foregoing, for purposes of this calculation, Reasonable Operating Expenses shall not include the following: principal and interest payments on any debt subordinate to the City Note (except debt service on loans made to the Maker by a partner to cover operating expenses, as provided above), depreciation, amortization, depletion or other non-cash expenses, incentive partnership asset management fees payable to the Maker or its affiliate (other than the management fees described above), or any amount expended from a reserve account. In the event that any of the above costs is incurred partially with respect to the Project, the parties shall mutually agree upon an allocable portion of such costs which shall be deemed Reasonable Operating Expenses of the Project for the purposes of this Agreement. This CDBG Note may be prepaid in whole or in part at any time and, from time to time, without notice or penalty. Any prepayment shall be allocated first to unpaid interest and then to principal. Should the undersigned sell, convey, transfer, further encumber, or dispose of the Property described in the Deed of Trust securing this CDBGNote, or any part of it, or any interest in it, without first obtaining the written consent of City, or the then holder of this CDBGNote, then all obligations secured by this CDBG Note may be declared due and payable, at the option of City, or the then holder of this CDBG Note. City reserves the right to approve all sales, transfers, conveyances, additional encumbrances, or dispositions of the real property which approval shall not be unreasonably withheld or delayed. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. If such a sale, transfer, further encumbrance, disposition, conveyance or transfer is approved by City, then upon the sale, transfer, further encumbrance, conveyance, transfer all accrued but unpaid interest on this CDBG Note shall be paid to City, at City's option. The City shall not unreasonably withhold its consent to a transfer to the General Partner of the Maker pursuant to the purchase option and right of first refusal to be granted to the General Partner in the Maker's Partnership Agreement. Notwithstanding the foregoing, the following shall not be sales, conveyances, transfers, further encumbrances or dispositions, for purposes of this City Note: (i) the transfer of limited partnership interest in the Maker and the admission of replacement limited partners of the Maker (neither of which shall require City approval); (ii) replacement of one or more general partner(s) of the Maker, provided that the replacement general partner(s) is/are acceptable to the City in its sole discretion, provided that an affiliate of Wells Fargo Bank, National Association, shall be an acceptable replacement general partner. In addition, nothing contained herein shall limit the ability of Wells Fargo Affordable Housing Community Development Corporation to remove the Maker's general partner in accordance with the Maker's partnership agreement, provided that the replacement general partner, shall be acceptable to the City in its reasonable discretion, not to be arbitrarily withheld, conditioned or delayed, provided that an affiliate of Wells Fargo Bank, National Association, shall be an acceptable replacement NOTE SECURED BY DEED OF TRUST(CDBG) PAGE 3 OF 7 2014-05-06 Agenda Packet Page 224 general partner; (iii) recordation of the deed of trust ("Senior Deed of Trust") and other instruments securing the first lien priority construction loan from Wells Fargo Bank, National Association, in an original principal amount that shall not exceed $11,505,483.00, which will convert into a permanent loan from California Community Reinvestment Corporation in an original principal amount that shall not exceed $1,504,476 (collectively, the "Senior Loan"); (iv) recordation of the delivery assurance deed of trust made by Maker for the benefit of California Community Reinvestment Corporation; and (v) recordation of the TCAC Regulatory Agreement. Notwithstanding the foregoing, the City acknowledges that the Maker and the California Tax Credit Allocation Committee intend to enter into an extended use agreement, which constitutes the extended low-income housing commitment described in Section 42(h)(6)(13) of the Internal Revenue Code, as amended. In the event the extended use agreement required by the California Tan Credit Allocation Committee is recorded against the Property, then in the event the City acquires title to the Property, the City agrees to comply with the provisions set forth in Code Section 42(h)(6)(E)(ii). 3. Security for Note. This CDBG Note is secured by the Deed of Trust of even date herewith executed by Maker, which creates a lien on that certain real property described therein and by the Loan Documents, including the Security Agreement. 4. Acceleration Upon Default. In the event of any material default under the terms of this Note, Deed of Trust, or the Declaration, or any prior or subsequent loans, notes and/or deed of trust, at the option of the holder of this Note, and after the expiration of any applicable notice and cure period, all principal and interest due under this Note and the Note shall immediately become due and payable, without further notice. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default. Without limiting any other events of default contained herein, or in any of the Loan Documents, the failure to complete rehabilitation of the Project to the satisfaction of Lender on or before December 31, 2014, shall be considered an event of default, entitling the Lender to accelerate the payment of principal and interest hereunder, as provided in this Section 4. Time is of the essence. 5. Costs Paid by Maker. Maker agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this CDBG Note, or adjudged by a court: (a) reasonable costs of collection, costs, and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this CDBG Note, whether or not suit is filed; and (b) costs of suit and such sum as the court may adjudge as attorneys' fees in any action to enforce payment of this CDBG Note or any part of it. NOTE SECURED BY DEED OF TRUST(CDBG) PAGE 4 OF 7 2014-05-06 Agenda Packet Page 225 6. Payment and Interest Calculation. Principal and interest shall be payable in lawful money of the United States of America. Interest shall be computed based on a 360-day year and 30-day month. Payments shall be applied to interest first and then to any unpaid principal balance. 7. Incorporation of the Loan Agreement. The provisions of the Loan Agreement are expressly incorporated in this CDBG Note by this reference. 8. Waiver. Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this CDBG Note, and expressly agrees that, without in any way affecting the liability of Maker hereunder, City may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this CDBG Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this CDBG Note, or on any deed of trust, security agreement, guaranty or other agreement now or hereafter securing this CDBG Note. 9. Recourse During Construction and Non-Recourse After Filing of Certificate of Completion. Following the timely completion of the construction of the Project, as defined in the Loan Documents, measured by the timely filing of a Certificate of Completion, nothing herein contained shall be deemed to cause Maker (or any of its partners, or any of their respective directors, officers, employees, partners, principals or members) personally to be liable to pay or perform any of its obligations evidenced hereby, and the City shall not seek any personal or deficiency judgment on such obligations, and the sole remedy of the City with respect to the repayment of the loan evidenced by this CDBG Note shall be against the Property; provided, however, that the foregoing shall not in any way affect any rights the City may have (as a secured party or otherwise) hereunder or under the Deed of Trust, or any other rights the City may have to: (a) recover directly from the Maker any funds, damages or costs (including, without limitation, reasonable attorneys' fees and costs) incurred by the City as a result of fraud, intentional misrepresentation or intentional waste by Maker; or (b) recover directly from the Maker any condemnation or insurance proceeds, or other similar funds or payments attributable to the Property which under the terms of the Deed of Trust should have been paid to the City, and any costs and expenses incurred by the City in connection therewith (including, without limitation,reasonable attorneys' fees and costs). 10. Late Charge. In addition to the foregoing, if any installment due hereunder is not paid within thirty (30) days from the date due, Maker promises to pay a "late charge" of five percent (5%) of the NOTE SECURED BY DEED OF TRUST(CDBG) PAGE 5 OF 7 2014-05-06 Agenda Packet Page 226 installment so overdue to defray the expense incident to handling any such delinquent payment or payments. 11. Severability. If any provision of this CDBG Note is determined to be void by court of competent jurisdiction, such determination shall not affect any other provision of this CDBG Note, and such other provisions shall remain in full force and effect. 12. Non-Waiver. No delay in demanding or failure to demand performance hereunder shall constitute a waiver by City of its right to subsequently demand such performance or to exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of City's rights and remedies hereunder shall be expressed in a writing signed by City. Further waiver by City of any right hereunder shall not constitute a waiver of any other right, including but not limited to the right to exercise any and all remedies for a different or subsequent event of default hereunder. 13. Replacement Note. The undersigned agrees that, in the event that this CDBG Note shall become lost or stolen, upon request of City, the undersigned shall execute a replacement CDBG Note incorporating the terms hereof, provided that City shall furnish a written agreement to indemnify the undersigned against all losses, costs, and damages arising from a duplicative demand for payment under this CDBG Note. 14. Interpretation. This CDBG Note shall be governed and interpreted in accordance with applicable California law. 15. Signature Authority. All individuals signing this CDBG Note for a party which is a corporation, a partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the City that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. 16. Subordination. The Deed of Trust securing this CDBG Note is and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the Senior Deed of Trust securing the Senior Loan as more fully set forth in the Subordination Agreement by and among Maker, the City and , recorded with the County Recorder of NOTE SECURED BY DEED OF TRUST(CDBG) PAGE 6 OF 7 2014-05-06 Agenda Packet Page 227 San Diego County on or about the date of recordation of the Deed of Trust ("Subordination Agreement"). The rights and remedies of the payee and each subsequent holder of this CDBG Note under the Deed of Trust securing this CDBG Note are subject to the restrictions and limitations set forth in the Subordination Agreement. Each subsequent holder of this CDBG Note shall be deemed, by virtue of such holder's acquisition of this CDBG Note, to have agreed to perform and observe all of the terms, covenants and conditions to be performed or observed by the Junior Lender under the Subordination Agreement. Maker: South Bay Community Services, a California non-profit public benefit corporation By: Kathryn Lembo President and Chief Executive Officer NOTE SECURED BY DEED OF TRUST(CDBG) PAGE 7 OF 7 2014-05-06 Agenda Packet Page 228 Exhibit "A" Residual Receipts Computation Form In the event of any contradiction between this Exhibit A and the Loan Documents, then the Loan Documents shall prevail. Payments from Residual Receipts, if any, shall be made as described in the Promissory Note in accordance with the Loan Agreement dated September 30, 2013, as amended and restated concurrently herewith. The Maker shall annually provide the Commission a Computation of Residual Receipts Report, which provides the basis for the Maker's calculation of the payment or nonpayment of Residual Receipts to the City. The form of the Computation of Residual Receipts is attached. NOTE SECURED BY DEED OF TRUST(CDBG) EXIHIBIT"A"—RESIDUAL RECEIPTS COMPUTATION FORM 2014-05-06 Agenda Packet Page 229 COMPUTATION OF RESIDUAL RECEIPTS FOR THE YEAR ENDING Maker: Project Address: Date Prepared: Please complete the following information and execute the certification at the bottom of this form. Gross Income Please report Gross Income for the year ending on the following lines: Rental Payments(including Section 8 tenant assistance payments,if any)(1) $ Interest Income (2) $ Additional Income Related to Project Operations(for example,laundry income,and any other income from the project)(3) $ Total Gross Income (add lines 1,2,and 3) (4) $ NOTE SECURED BY DEED OF TRUST(CDBG) EXIHIBIT"A"—RESIDUAL RECEIPTS COMPUTATION FORM 2014-05-06 Agenda Packet Page 230 COMPUTATION OF RESIDUAL RECEIPTS FOR THE YEAR ENDING Annual Operating Expenses Please report Annual Operating Expenses incurred in relation to the operations of the Project for the year ending on the following lines: Administrative Expenses(5) $ Marketing Expenses(6) $ Professional Fees(7) $ Utilities(8) $ Contract Services(9) $ Cleaning(Painting Supplies,Ground Supplies) (10) $ Taxes and Insurance (11) $ Other Expenses Related to Operations of the Project: a)Other-City Monitoring Fees (12a) $ b)Other— Service Amenities (12b) $ (Note: in no event shall Service Amenities exceed$ per year,) c)Other—Replacement Reserves($ per year (12c) $ d)Other—GP Asset Management Fee (12d) $ (Note: in no event shall Asset Management Fees exceed$ per year.) Total Annual Operating Expenses*(13) $ (Add lines 5,6, 7, 8,9, 10, 11 and 12) (Note: in no event shall this form's total Annual Operating Expenses (line 13) exceed the $ /unit/year (with inflation adjustment) as specifically stated under the Promissory Note's definition of "Operating Expenses" (at page 2 of the Promissory Note). Net Operating Income(subtract line 13 from line 4) (14) $ i Do not include expenses unrelated to the Project's operations, such as depreciation,amortization,accrued principal and interest expenses on deferred payment debt,or charges to replacement reserves. NOTE SECURED BY DEED OF TRUST(CDBG) EXIHIBIT"A"—RESIDUAL RECEIPTS COMPUTATION FORM 2014-05-06 Agenda Packet Page 231 COMPUTATION OF RESIDUAL RECEIPTS FOR THE YEAR ENDING Debt Service On Loans Senior to City Loan: (15) $ Total Cash Flow (16) Residual Receipts for Year Ending • (Line 16 Above) $ • Percentage of Residual Receipts to be paid to the City(as shown in the Promissory Note by and between the City and Maker dated ) X 50% • Amount Payable to the City $ IN ACCORDANCE WITH LOAN AGREEMENT SECTION 4.12, AUDITED FINANCIAL STATEMENTS MUST BE ATTACHED TO THIS REPORT. NOTE SECURED BY DEED OF TRUST(CDBG) EXIHIBIT"A"—RESIDUAL RECEIPTS COMPUTATION FORM 2014-05-06 Agenda Packet Page 232 COMPUTATION OF RESIDUAL RECEIPTS FOR THE YEAR ENDING The Executive Director or Chief Financial Officer of the Maker or the Managing General Partner of the Maker shall execute the following certification. I, hereby, certify under penalty of perjury under the laws of the State of California that the information provided in this form is true,complete,correct and accurate in all respects and I understand that the City of Chula Vista will rely on this certification in calculating the residual receipts payments to which it is entitled. I further certify under penalty of perjury under the laws of the State of California that the undersigned have/has the authority to execute this certification and that sufficient and adequate due diligence has been performed by the undersigned or at the undersigned direction to make these certifications. The undersigned further acknowledges that a false statement made under penalty of perjury to a state agency has potential criminal consequences and ramifications. Executed this_day of ,20 at Chula Vista,California MAKER: By: (Print or Type Name) (Title) NOTE SECURED BY DEED OF TRUST(CDBG) EXIHIBIT"A"—RESIDUAL RECEIPTS COMPUTATION FORM 2014-05-06 Agenda Packet Page 233 NO CHARGE ON THIS DOCUMENT PER CALIFORNIA GOVERNMENT CODE SECTION 6103 Recording Requested By And When Recorded Mail To: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 DEED OF TRUST (LANDIS STUDIOS ) (City CDBG Residual Receipts Loan) THIS DEED OF TRUST is made as of the day of 2014, by South Bay Community Services, California non-profit public benefit corporation ("Trustor"), whose address is 430 F Street Chula Vista, CA 91910, Attention: Kathryn Lembo, President and Chief Executive Officer and [Insert Trustee Name] ("Trustee") and the City of Chula Vista (`Beneficiary"), whose address is City of Chula Vista, Development Services-Housing Division , 276 Fourth Avenue, Chula Vista, California, 91910. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of Chula Vista, County of San Diego, State of California, described as: (See Legal Description -Exhibit"A") FOR THE PURPOSE OF SECURING: a) Payment of the indebtedness evidenced by a promissory note of even date herewith executed by Trustor, in the principal sum of Four Hundred-Fifty Thousand and No/100 Dollars ($450,00.00), and any renewal, extension, or modification of the promissory note (the "CDBG Note"); b) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; c) The performance of each agreement contained in this Deed of Trust, the terms being synonymous, and the CDBG Note; and DEED OF TRUST(CDBG) PAGE 1 2014-05-06 Agenda Packet Page 234 d) The performance of each agreement and covenant of Trustor under that certain Affordable Housing Agreement and Declaration of Covenants, Conditions and Restrictions (City CDBG Residual Receipts Loan) ("Restrictions") of even date herewith and recorded concurrently herewith affecting the Property. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST,TRUSTOR AGREES: I. Maintenance and Repair. To keep the Property in good condition and repair (normal wear and tear excepted); not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor performed and materials furnished for the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property (reasonable wear and tear excepted); not to commit, suffer, or permit any act upon the Property in violation of law; and to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of the Property may be reasonably necessary. 2. Fire Insurance. To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. Subject to the rights of any senior lenders, the amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may be released to Trustor. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Notwithstanding the foregoing, in the event of any fire or other casualty to the Property, Trustor shall have the right to rebuild the Property, and to use all available insurance proceeds therefor, provided that (a) such proceeds are sufficient to rebuild the Property in a manner that provides adequate security to Beneficiary for repayment of the indebtedness secured hereby or if such proceeds are insufficient then Trustor shall have funded any deficiency, (b) Beneficiary shall have the right to approve (which shall not be unreasonably withheld or delayed) plans and specifications for any major rebuilding and the right to approve (which shall not be unreasonably withheld or delayed) disbursements of insurance proceeds for rebuilding under a construction escrow or similar arrangement, and (c) no material default then exists hereunder or under the CDBG Note. If the casualty affects only part of the Property and total rebuilding is not feasible, then proceeds may be used for partial rebuilding and partial repayment of the indebtedness secured hereby in a manner that provides adequate security to Beneficiary for repayment of the remaining indebtedness secured hereby. 3. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. DEED OF TRUST(CDBG) PAGE 2 2014-05-06 Agenda Packet Page 235 4. Payment of Liens and Taxes. To pay, before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Deed of Trust. Subject to the rights of senior lenders, if Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including reasonable attorneys' fees. 5. Payment and Reimbursement of Costs. That Trustor will pay the HOME Note at the time and in the manner provided therein. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust. 6. Use. That Trustor will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 7. Incorporation of Agreements. That the HOME Note, the Loan Agreement, and the Restrictions are incorporated herein by reference and made a part of this Deed of Trust, although not attached. Copies are on file in the office of the Beneficiary. 8. Performance of Other Obligations. To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. To perform, in a timely manner, each of the Trustor's obligations under that certain Amended and Restated Ground Lease by and between Family Health Centers of San Diego and the Trustor which is being recorded against the Property in the Office of the Recorder of San Diego County concurrently with recordation of the Deed of Trust ("Ground Lease"). A default in any of these obligations and the expiration of any applicable notice or cure period shall constitute a default under this Deed of Trust. In the event of a default by Trustor under the Ground Lease: (i) such default shall be a default under this Deed of Trust; (ii) in the event the Beneficiary cures any such default by Trustor under the Ground Lease, any and all costs and expenses, DEED OF TRUST(CDBG) PAGE 3 2014-05-06 Agenda Packet Page 236 including without limitation, reasonable attorneys' fees, which were incurred by the Beneficiary, shall be added to the principal amount of the NSP Note; and (iii) any cure by the Beneficiary of any default by Trustor under the Ground Lease shall not cure Trustor's default hereunder, unless and until, the Trustor reimburses the Beneficiary for any and all costs and expenses, including without limitation, reasonable attorneys' fees, which were incurred by the Beneficiary. B. THE PARTIES AGREE THAT: 1. Condemnation Award. Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary (subject to the rights of any senior lenders), as its interest may appear as further security for all obligations secured by this Deed of Trust. Upon receipt of such proceeds, Beneficiary shall apply or release the proceeds in the same manner and with the same effect as provided in Section 2 of this Deed of Trust for the disposition of proceeds of fire or other insurance. 2. Waiver of Late Pam. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. 3. Trustee's Powers. Upon written request of Beneficiary and presentation of this Deed of Trust and the CDBG Note for endorsement, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c)join in granting any easement on the Property; or (d)join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of Trust. 4. Full Reconveyance. Upon written request of Beneficiary stating that all sums secured by this Deed of Trust have been paid, surrender of this Deed of Trust, the CDBG Note, and any other notes secured by this Deed of Trust to Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the CDBG Note and this Deed of Trust, unless directed in the request to retain them. 5. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon DEED OF TRUST(CDBG) PAGE 4 2014-05-06 Agenda Packet Page 237 Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default, which shall continue beyond any applicable notice and cure periods, by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default and after expiration of any applicable notice and cure periods, Beneficiary may, subject to the rights of senior lenders, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court- appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees),upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 6. Default in Foreclosure. Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any material obligation under this Deed of Trust, and the expiration of any and all applicable notice or cure periods, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee,without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Beneficiary agrees that, notwithstanding its rights to invoke the remedies permitted by any Loan Document (as defined in the Loan Agreement), Beneficiary shall not, so long as the Limited Partner (as defined in the Loan Agreement) has a continuing ownership interest in Trustor, conduct a foreclosure sale of DEED OF TRUST(CDBG) PAGE 5 2014-05-06 Agenda Packet Page 238 the Property or receive a deed-in-lieu of foreclosure, until such time as the Limited Partner has first been given 30 days written notice of such default and has failed, within such 30-day period to cure such default; provided, however, that Beneficiary shall be entitled, during such 30-day period, to continue to accelerate the CDBG Note and to pursue its remedies. 7. Due on Sale or Further Encumbrance. Except as otherwise provided in the CDBG Loan Agreement, should the undersigned agree to or actually sell, convey, transfer, or dispose of, or further encumber the real property described in this Deed of Trust, or any part of it, or any interest in it,without first obtaining the written consent of the Beneficiary, then all obligations secured by the CDBG Note and this Deed of Trust may be declared due and payable, at the option of the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. 8. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term `Beneficiary" shall mean the holder and owner, including pledgee, of the CDBG Note, whether or not named as a beneficiary in this Deed of Trust, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 9. Acceptance by Trustee. Trustee accepts this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. 10. Substitution of Trustees. Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the predecessor Trustee, succeed to all its title, estate, rights, powers, and duties. 11. Co-trustees. If two or more persons are designated as Trustee in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. DEED OF TRUST(CDBG) PAGE 6 2014-05-06 Agenda Packet Page 239 12. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 13. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions. Further, the recitals shall be binding and conclusive upon Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. 14. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. 15. Request for Notices of Default and Sale. In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under any Deeds of Trust executed by Trustor, and recorded in the Official Records of San Diego County, California, in which Beneficiary, is named as beneficiary, be mailed to: City of Chula Vista c/o Development Services-Housing Division 276 Fourth Avenue Chula Vista, California, 91910 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. 16. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon twenty-four (24) hours written notice (unless Trustor is in default under any of the Loan Documents or in the event of an emergency in which event no notice shall be required). Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property and the general operation of the Property. DEED OF TRUST(CDBG) PAGE 7 2014-05-06 Agenda Packet Page 240 17. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. Notwithstanding the foregoing, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. 18. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by Trustor or, to the best knowledge of Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials. "Hazardous Materials" for purposes of this Paragraph 26(a) shall not include substances typically used in the ordinary course of developing, operating and maintaining apartment complexes, provided that such substances are used in accordance with all applicable laws. b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under DEED OF TRUST(CDBG) PAGE 8 2014-05-06 Agenda Packet Page 241 CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor. The foregoing indemnification shall not apply to any liability resulting from (i) an event that occurs after a transfer of the Property due to any foreclosure sale (judicial or nonjudicial) or a deed in lieu of foreclosure, or (ii) acts or omissions of Beneficiary or its agents. c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environ- mental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust(whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. f) Choice of Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. 19. Non-Discrimination. Trustor covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, DEED OF TRUST(CDBG) PAGE 9 2014-05-06 Agenda Packet Page 242 national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Trustor or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall run with the land. 20. Provisions to be Included in Documents. Trustor shall refrain from restricting the rental, lease and sale of the Property and any dwelling unit thereon on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability of any person. All such deeds, leases or contracts for the rental, lease or sale of the Property or any dwelling unit, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: a) Deeds. In deeds "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." b) Leases. In leases "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." c) Contracts. In contracts for the rental, lease or sale of the Property or any dwelling unit "There shall be no discrimination against or segregation of any person or group DEED OF TRUST(CDBG) PAGE 10 2014-05-06 Agenda Packet Page 243 of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 21. Authority to Sign. All individuals signing this Deed of Trust for a party which is a corporation, a partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. TRUSTOR: South Bay Community Services, a California non-profit public benefit corporation By: Kathryn Lembo, President and Chief Executive Officer DEED OF TRUST(CDBG) PAGE 11 2014-05-06 Agenda Packet Page 244 ACKNOWLEDGMENT State of California ) County of San Diego ) On 2014 before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) DEED OF TRUST(CDBG) PAGE 12 2014-05-06 Agenda Packet Page 245 ACKNOWLEDGMENT State of California ) County of San Diego ) On 2014 before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) LEASEHOLD DEED OF TRUST(CDBG) NOTARY ACKNOWLEDGMENT 2014-05-06 Agenda Packet Page 246 Exhibit "A" Property Description That certain leasehold interest in the real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: APN: DEED OF TRUST(CDBG) EXHIBIT"A"-PROPERTY DESCRIPTION 2014-05-06 Agenda Packet Page 247 THE ATTACHED AGREEMENT HAS'BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Googins City Attorney Dated: FUNDING APPROVAL/AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2014-05-06 Agenda Packet Page 248 Funding Approval/Agreement U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No. HI-00515R of 20515R 2506-0193(exp 1/3112015) 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax 31b.Grantee's DUNS Number: 4.Date use of funds may begin ID Number: (mm/dd/yyyy): 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 51b.Project/Grant No.2 6b.Amount Approved 5c.Project/Grant No.3 6c.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special condilions/addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement,IUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties_ The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special c ns to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and rc m regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility erence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development (By Name) Grantee Name Title Title PV Signature Date(mm/dd/yyyy) S Date(mm/ddlyyyy) 7.Category of Title I Assistance for this Funding Action 8.Special Conditions 9a.D D Recei sion 10.check one (check only one) (check one} /dd/yy`N) ❑a.Ong.Funding ❑a.Entitlement,Sec 106(b) ❑None Date Grantee Notified Approval ❑b.State-Administered,Sec 106(d)(1) ed /dd/yyyy) ❑b.Amendment ❑c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9c. of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) (mm/dd/yyyy) ❑e.Surplus Urban Renewal Funds,Sec 112(b) Amount mu lopment ❑f.Special Purpose Grants,Sec 107 ck Gra FY( ) FY( ) FY( ) ❑g.Loan Guarantee,Sec 108 Res1W for this Grantee b.Fun being Approved c.Reservation to be Cancelled (11a minus 11b) 12a.Amount of Loan Guarantee Commi now being ovepr 12b.Name and complete Address of Public Agency Loan Guarantee Acceptance Provisio nated Agencies: The public agency hereby accepts the Gran greemenl executed by the Department of IIousing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it_ Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmldd/yyyy) F FM 153 Ell] DDOm 0 Y Project Number Amount ❑ Y Pro ect Number Amount Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(11/10) ATTACHMENT 6 2014-05-06 Agenda Packet Page 249 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0260, Item#: 5. A. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) APPROVING THE REVISED LONG-RANGE PROPERTY MANAGEMENT PLAN (REVISED LRPMP) REQUIRED UNDER HEALTH AND SAFETY CODE SECTION 34191.5 EXCEPT THAT PORTION OF THE PLAN THAT ADDRESSES PARKING LOT PARCELS ; (2) AUTHORIZING THE CITY MANAGER IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE SUCCESSOR AGENCY TO WITHHOLD SUBMISSION OF THE REVISED LRPMP TO THE OVERSIGHT BOARD AND THE STATE DEPARTMENT OF FINANCE SHOULD THE SUCCESSOR AGENCY ELECT TO INITIATE LITIGATION AGAINST THE DEPARTMENT OF FINANCE REGARDING DENIAL OF THE ORIGINAL LRPMP; AND (3) RESERVATION OF RIGHTS B. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) APPROVING THAT PORTION OF THE REVISED LONG- RANGE PROPERTY MANAGEMENT PLAN (REVISED LRPMP) REQUIRED UNDER HEALTH AND SAFETY CODE SECTION 34191 .5 THAT ADDRESSES PARKING LOT PARCELS ; (2) AUTHORIZING THE CITY MANAGER IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE SUCCESSOR AGENCY TO WITHHOLD SUBMISSION OF THE REVISED LRPMP TO THE OVERSIGHT BOARD AND THE DEPARTMENT OF FINANCE SHOULD THE SUCCESSOR AGENCY ELECT TO INITIATE LITIGATION AGAINST THE STATE DEPARTMENT OF FINANCE REGARDING DENIAL OF THE ORIGINAL LRPMP; AND (3) RESERVATION OF RIGHTS RECOMMENDED ACTION Council adopt the resolutions. SUMMARY Health and Safety Code section 34191 .5 requires Successor Agencies to prepare a Long-Range Property Management Plan (LRPMP) within six months of receiving the Finding of Completion from the Department of Finance (DOF). The Successor Agency received its Finding of Completion on May 7, 2013. The Successor Agency submitted the LRPMP to the Department of Finance that addressed the disposition and use of the real properties of the former redevelopment agency on August 15, 2013. Subsequently, on March 19, 2014, the Successor Agency received a letter from DOF rejecting the originally submitted plan. The revised plan accepts the comments and recommendations made City of Chula Vista Page 1 of 7 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Le9age 250 File#: 14-0260, Item#: 5. by DOF and recommends that 16 of the 23 parcels owned by the former Redevelopment Agency be sold and that the 7 remaining open space and park parcels be maintained for government use as more fully described below. Submission of the revised long Range Property Management Plan to the DOF is contingent upon any decision by the Successor Agency to authorize initiation of litigation against the Department of Finance because of its denial of the original LRPMP. If the Successor Agency authorizes litigation, then the City Manager, in his capacity as Executive Director of the Successor Agency, may withhold submission of the LRPMP, as may be required or approved by the City Attorney (as counsel for the Successor Agency), to the Oversight Board and DOF, ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposed action consists of a governmental administrative activity that will not result in direct or indirect physical changes in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Assembly Bills 1X 26 and 1484 ("Dissolution Act") includes many requirements for the dissolution of redevelopment agency activities, including the disposition of real property, other than housing assets. The Dissolution Act generally requires the Successor Agency to dispose of assets and property of the former redevelopment agency for either 1) limited public uses or 2) disposition into the private market. Disposition is to occur expeditiously and with a view toward maximizing value, with the disposition proceeds distributed to the affected taxing entities. Disposition Process The Dissolution Act allows certain flexibility and local benefits in connection with property disposition for a Successor Agency that has received a Department of Finance ("DOF") Finding of Completion. The Successor Agency received its Finding of Completion May 7, 2013 after having completed the following: 1 . Submitted Recognized Obligation Payment Schedules to DOF per the statutory deadlines and received determinations for each one 2. Paid the amount required through the July 2012 True-Up Process 3. Submitted the Low Moderate Income Housing Fund Due Diligence Review ("LMIHF DDR") on October 12, 2012 and received final determination from DOF on November 7, 2012 requesting a balance of $1,030,224. This amount was remitted November 14, 2012 which concluded the LMIHF DDR process with DOF. City of Chula Vista Page 2 of 7 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Le9age 251 File#: 14-0260, Item#: 5. 4. Submitted the Other Funds and Accounts Due Diligence Review ("OFA DDR") and was ultimately notified on May 2, 2013 that the initial request from DOF of $20,179,716 was withdrawn (and resulted in no funds being due) after Successor Agency staff provided additional information and documentation and attended a Meet and Confer with DOF staff. With the DOF's final determination as to no amounts being due, the OFA DDR process with DOF was completed. This work, which included two audits, continuous review and requests for supporting documentation by DOF, two Meet and Confer conferences in Sacramento, one Meet and Confer telephone conference and countless hours of work by Successor Agency staff was completed in a timely manner and resulted in the issuance of the Finding of Completion. Long Range Property Management Plan After approval of the LRPMP, the Successor Agency must transfer all real property, interests in real property, and physical assets (other than those that may be the subject of an existing enforceable obligation or property deemed to be housing assets or assets constructed and used for governmental purpose) to the Community Redevelopment Property Trust Fund ("Trust Fund"). The Trust Fund is to be administered by the Successor Agency according to the LRPMP and serves as the repository for all properties and property interests covered by the LRPMP. The LRPMP is required to do all of the following: 1 . Include an inventory of all properties in the Community Redevelopment Property Trust Fund, which was established to serve as the repository of the former redevelopment agency's real properties. The inventory shall consist of all the following information: a. Date of the acquisition of the property and the value of the property at that time and an estimate of the current value of the property b. Purpose for which the property was acquired c. Parcel data, including address, lot size and current zoning in the former agency redevelopment plan or specific, community or general plan d. Estimate of the current value of the parcel including, if available, any appraisal information Estimate of any lease, rental or any other revenues generated by the property, and a description of the contractual requirements for the disposition of those funds e. Estimate of any lease, rental or any other revenues generated by the property, and a description of the contractual requirements for the disposition of those funds f. History of any environmental contamination, including designation as a brownfield site, any related environmental studies, and history of any remediation efforts g. Description of the property's potential for transit-oriented development and the advancement of the planning objectives of the successor agency h. Brief history of previous development proposals and activity, including rental or lease of property 2. Address the use or disposition of all of the properties in the Community Redevelopment City of Chula Vista Page 3 of 7 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Le9age 252 File#: 14-0260, Item#: 5. Property Trust Fund. Permissible uses include: 1) the retention of the property for governmental use pursuant to subdivision (a) of Section 34181 ; 2) the retention of the property for future development; 3) the sale of the property; or 4) the use of the property to fulfill an enforceable obligation. The plan shall separately identify and list properties in the trust dedicated to governmental use purposes and properties retained for purposes of fulfilling an enforceable obligation. With respect to the use or disposition of all other properties, all of the following shall apply: a. If the plan directs the use or liquidation of the property for a project identified in an approved redevelopment plan, the property shall transfer to the city, county, or city and county. b. If the plan directs the liquidation of the property or the use of revenues generated from the property, such as lease or parking revenues, for any purpose other than to fulfill an enforceable obligation or other than that specified in the bullet directly above, the proceeds from the sale shall be distributed as property tax to the taxing entities. c. Property shall not be transferred to a successor agency, city, county, or city and county, unless the LRPMP has been approved by the Oversight Board and DOF. The Successor Agency prepared and submitted a Long-Range Property Management Plan ("LRPMP") to DOF on August 15, 2013. However, on March 19, 2014 the DOF sent a letter (Attachment A) denying the approval of the LRPMP and recommended various changes to the plan concerning the disposition and use of real property assets of the former redevelopment agency. A LRPMP Property Inventory Data Worksheet with maps has been prepared and will be submitted to the DOF as the LRPMP. A summary of the 23 parcels owned by the former redevelopment agency is included below and depicted in Attachment B. Property Type # of Proposed Use/ # of Parcels Disposition Parcels Vacant/Development 3 Sale of Property 16 Park/Open Space 7 Governmental Use 7 Parking Lot 13 TOTAL 23 TOTAL 23 Parks and Open Space (Government Use Sites) Open Space Preserve Parcels (4 parcel) The four vacant parcels are all designated as Open Space Preserve. Three (3) of the parcels are located within the Bayfront Master Plan area are recommended to be transferred to State of California and administered under the Trust for Public Lands by the Port of San Diego (Exhibit "A"). The one (1) remaining parcel is located in Otay Valley Regional Park, and we would recommend the City of Chula Vista Page 4 of 7 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Leg age 253 File#: 14-0260, Item#: 5. Successor Agency maintain ownership of this site as this site is contaminated and the liability should not be transferred to the City (Exhibit "B"). Park-Memorial Park (1 parcel) The one parcel is designated as park land and is part of Memorial Park and contains the City's Historical Museum. This parcel is located at 360 Third Avenue. It is recommended that this be transferred to the City to be maintained as a park (Exhibit "C"). Park-Bay Boulevard Park (2 parcels) These two parcels that are designated as park land are part of Bay Boulevard Park. These are located at 999 F Street. It is recommended that these be transferred to the City to be maintained as a park (Exhibit "D"). Sale of Property (Vacant lots) Vacant-Development Parcels (3 parcels) One parcel located on the corner of Third Avenue and E Street is identified as 201 Third Avenue and is zoned to allow a mixed use development on the site. The Successor Agency has received an unsolicited offer to purchase. Staff is recommending that this parcel be sold (Exhibit "E"). Two other parcels located in the Bayfront Master Plan area west of Interstate 5 and adjacent to the Discovery Center Parking lot are zoned to allow up to 120,000 square feet of commercial/office development on the site. The Successor Agency has received an offer to purchase these two parcels, based on an appraisal prepared in April 2013 by an MAI appraiser. Staff is recommending that these two parcels be sold (Exhibit "F"). Sale of Property (Parking lots- 13 parcels) The majority of parcels owned by the former redevelopment agency are utilized as public parking lots, and some of those parcels are adjacent to City-owned parcels that together comprise one public parking lot. For example, lot 8 (North of F Street on Church Avenue) is comprised of 4 parcels. Two parcels are owned by the former redevelopment agency and two parcels are owned by the City. Parking District Acquisition (5 parcels): Staff would recommend the City consider acquiring, through the parking district fund, the following parcels located in lots #3 and #8 (Exhibit "G"). These parcels are integrated into the overall parking lot and to sell these parcels to a private entity would impact the usability of these parking lots. The lots have a combined estimated value of approximately $250,000 dollars. However, no appraisals have been prepared for these parcels which will need to be done if the City desires to acquire these sites. City of Chula Vista Page 5 of 7 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Leg age 254 File#: 14-0260, Item#: 5. Parking lot #8 Property 13 -281 Church Avenue 568-162-08-00 Property 14 -287 Church Avenue 568-162-09-00 Parking lot #3 Property 15 -281-283 Landis Avenue 568-152-02-00 Property 16 -285-287 Landis Avenue 568-152-03-00 Property 17 -311 F Street 568-152-29-00 Parking Lots to sell (8 parcels) The remaining parcels make up parking lots #6, #7 and #11 and they represent approximately 127 parking spaces or approximately 10% of the 1200 total available spots in the District (Exhibit "H"). Staff is not recommending the City consider purchasing these lots primarily due to the availability of funds necessary to acquire these sites. In addition, these sites may be attractive acquisitions by the adjoining property owners to provide parking for the tenants and customers. Department of Finance Position on Public Parking Lots At the July 16, 2013 Successor Agency meeting staff informed the Agency that the State of California modified its definition of governmental use to exclude public parking lots not associated with a public building (e.g. City Hall, Police State, and Library) from AB 1x 26 to AB 1484. Other Successor Agencies had requested that public parking lots be redefined as governmental use, and the State continues to maintain its position requiring Successor Agencies to sell public parking lots unless it can be proven that these assets were purchased with restricted funds. Our review of the purchase history for those parcels indicated that restricted funds were not used. However, because of the public purpose of these parking lots staff presented our position to the DOF that these parcels should be transferred to the City to be maintained as public parking. On March 19, 2014 the DOF sent a letter denying the Successor Agencies request, upholding their position that these lots do not qualify as a governmental use. The Dissolution Act does not provide for a meet and confer process to address this issue so either the Successor Agency accepts the decision of DOF or is left to sue the State of California in an attempt to maintain these parking lots. Staff recommends complying with the findings of DOF and resubmitting the attached LRPMP to the State for approval. Submission of the revised long Range Property Management Plan to the DOF is contingent upon any City of Chula Vista Page 6 of 7 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Le9age 255 File#: 14-0260, Item#: 5. decision by the Successor Agency to authorize initiation of litigation against the Department of Finance because of its denial of the original LRPMP. If the Successor Agency authorizes litigation, then the City Manager, in his capacity as Executive Director of the Successor Agency, may withhold submission of the revised LRPMP, as may be required or approved by the City Attorney (as counsel for the Successor Agency), to the Oversight Board and DOF. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Councilperson Mary Salas has property holdings within 500 feet of the boundaries of the parking lots which are the subject of this action. Councilperson Salas does not have property holdings within 500 feet of the remaining property that are the subject of this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact to General Fund. ONGOING FISCAL IMPACT There is no on-going fiscal impact as a result of this action since the city currently maintains the parks and any recommendation to purchase any of the parking lot parcels would be considered under a separate action after DOF approval of the LRPMP. City of Chula Vista Page 7 of 7 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 256 SUCCESSOR AGENCY RESOLUTION NO. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) APPROVING REVISED THE LONG-RANGE PROPERTY MANAGEMENT PLAN (REVISED LRPMP) REQUIRED UNDER HEALTH AND SAFETY CODE SECTION 34191.5 EXCEPT THAT PORTION OF THE PLAN THAT ADDRESSES PARKING LOT PARCELS; (2) AUTHORITY FOR CITY MANAGER IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE SUCCESSOR AGENCY TO WITHHOLD SUBMISSION OF THE REVISED LRPMP TO THE OVERSIGHT BOARD AND THE STATE DEPARTMENT OF FINANCE SHOULD THE SUCCESSOR AGENCY ELECT TO INITIATE LITIGATION AGAINST THE DEPARTMENT OF FINANCE REGARDING DENIAL OF THE ORIGINAL LRPMP; AND (3) RESERVATION OF RIGHTS WHEREAS, Assembly Bill ("AB") 26, as amended in AB 1484, dissolved redevelopment agencies and required successor agencies to conduct the winding down of the former redevelopment agencies' affairs; and WHEREAS, pursuant to Health and Safety Code section 34191.5(a) a Community Redevelopment Property Trust Fund ("CRPTF") has been created to serve a repository of the former redevelopment agency's real properties identified in Health and Safety Code section 34179.5(c)(5)(C) and which is administered by the Successor Agency; and WHEREAS, Health and Safety Code Section 34191.5(b) requires the Successor Agency, to prepare a long-range property management plan ("Property Management Plan" or "LRPMP") that addresses the disposition and use of the real properties of the former redevelopment agency, as found in the CRPTF; and WHEREAS, Health and Safety Code Section 34191.5(b) also requires the Successor Agency to submit the Property Management Plan to the Successor Agency's Oversight Board and the Department of Finance for approval no later than six months following the issuance to the Successor Agency of a "finding of completion" pursuant to Health and Safety Code Section 34179.7; and WHEREAS, the Successor Agency received its "finding of completion" from the Department of Finance on May 7, 2013; and WHEREAS, the Successor Agency prepared a long-range Property Management Plan that contains all the information required under Health and Safety Code Section 34191.5 and timely submitted the LRPMP; and WHEREAS, on March 19, 2014, the State Department of Finance rejected the submitted LRPMP and provided comments to Successor Agency staff in its letter of rejection; and WHEREAS, the Successor Agency has prepared a Revised LRPMP ("Revised Property Revised Management Plan" or "Revised LRPMP") based on comments provided by DOF that contains all the information required under Health and Safety Code section 34191.5; and 2014-05-06 Agenda Packet Page 257 Resolution No. Page 2 WHEREAS, the Successor Agency also has the ability to challenge the denial of the original LRPMP via litigation against the State Department of Finance in the Sacramento Superior Court; and WHEREAS, approval of the Revised Property Management Plan is not a"Project" under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED by the Successor Agency of the Redevelopment Agency of the City of Chula Vista, that: Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. It approves the Revised Long Range Property Management except that portion of the revised plan which addresses parking lot parcels in substantially the form presented, and with such minor modifications as may be required or approved by the City Attorney. Section 3. The City Manager, in his capacity as Executive Director of the Successor Agency, or his designee is authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the Revised Long Range Property Management Plan, including submitting the Revised Property Management Plan to the State of California Department of Finance and posting the approved Revised Property Management Plan on the Successor's Agency's website. Section 4. The City Manager, in his capacity as Executive Director, is further authorized to withhold submission of the Revised LRPMP to the Oversight Board and Department of Finance, as required or approved by the City Attorney, in his capacity as counsel to the Successor Agency, should the Successor Agency direct that litigation be initiated against the Department of Finance due to its denial of the original LRPMP. Section 5: The Successor Agency objects to the Department of Finance's denial of the original LRPMP and submits the Revised LRPMP under protest. The Successor Agency, while complying with DOF's directions under protest, reserves any and all rights to seek any and all remedies in any forum to reverse DOF's denial of the original LRPMP and to pursue approval of the original LRPMP. 2014-05-06 Agenda Packet Page 258 Resolution No. Page 3 Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-05-06 Agenda Packet Page 259 SUCCESSOR AGENCY RESOLUTION NO. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) APPROVING THAT PORTION OF THE REVISED LONG-RANGE PROPERTY MANAGEMENT PLAN (REVISED LRPMP) REQUIRED UNDER HEALTH AND SAFETY CODE SECTION 34191.5 THAT ADDRESSES PARKING LOT PARCELS; (2) AUTHORITY FOR CITY MANAGER IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE SUCCESSOR AGENCY TO WITHHOLD SUBMISSION OF THE REVISED LRPMP TO THE OVERSIGHT BOARD AND THE DEPARTMENT OF FINANCE SHOULD THE SUCCESSOR AGENCY ELECT TO INITIATE LITIGATION AGAINST THE STATE DEPARTMENT OF FINANCE REGARDING DENIAL OF THE ORIGINAL LRPMP; AND (3) RESERVATION OF RIGHTS WHEREAS, Assembly Bill ("AB") 26, as amended in AB 1484, dissolved redevelopment agencies and required successor agencies to conduct the winding down of the former redevelopment agencies' affairs; and WHEREAS, pursuant to Health and Safety Code section 34191.5(a) a Community Redevelopment Property Trust Fund ("CRPTF") has been created to serve a repository of the former redevelopment agency's real properties identified in Health and Safety Code section 34179.5(c)(5)(C) and which is administered by the Successor Agency; and WHEREAS, Health and Safety Code Section 34191.5(b) requires the Successor Agency, to prepare a long-range property management plan ("Property Management Plan" or "LRPMP") that addresses the disposition and use of the real properties of the former redevelopment agency, as found in the CRPTF; and WHEREAS, Health and Safety Code Section 34191.5(b) also requires the Successor Agency to submit the Property Management Plan to the Successor Agency's Oversight Board and the Department of Finance for approval no later than six months following the issuance to the Successor Agency of a "finding of completion" pursuant to Health and Safety Code Section 34179.7; and WHEREAS, the Successor Agency received its "finding of completion" from the Department of Finance on May 7, 2013; and WHEREAS, the Successor Agency prepared a long-range Property Management Plan that contains all the information required under Health and Safety Code Section 34191.5 and timely submitted the LRPMP; and WHEREAS, on March 19, 2014, the State Department of Finance rejected the submitted LRPMP and provided comments to Successor Agency staff in its letter of rejection; and 2014-05-06 Agenda Packet Page 260 Resolution No. Page 2 WHEREAS, the Successor Agency has prepared a revised LRPMP ("Revised Property Revised Management Plan" or "Revised LRPMP") based on comments provided by DOF that contains all the information required under Health and Safety Code section 34191.5; and WHEREAS, the Successor Agency also has the ability to challenge the denial of the original LRPMP via litigation against the State Department of Finance in the Sacramento Superior Court; and WHEREAS, approval of the Revised Property Management Plan is not a"Project' under section 15378 of the California Environmental Quality Act ("CEQA") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED by the Successor Agency of the Redevelopment Agency of the City of Chula Vista, that: Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. It approves that portion of the Revised Long Range Property Management Plan which addresses parking lot parcels in substantially the form presented, and with such minor modifications as may be required or approved by the City Attorney. Section 3. The City Manager, in his capacity as Executive Director of the Successor Agency, or his designee is authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the Revised Long Range Property Management Plan, including submitting the Revised Property Management Plan to the State of California Department of Finance and posting the approved Revised Property Management Plan on the Successor's Agency's website. Section 4. The City Manager, in his capacity as Executive Director, is further authorized to withhold submission of the Revised LRPMP to the Oversight Board and Department of Finance, as required or approved by the City Attorney, in his capacity as counsel to the Successor Agency, should the Successor Agency direct that litigation be initiated against the Department of Finance due to its denial of the original LRPMP. Section 5: The Successor Agency objects to the Department of Finance's denial of the original LRPMP and submits the revised LRPMP under protest. The Successor Agency, while complying with DOF's directions under protest, reserves any and all rights to seek any and all remedies in any forum to reverse DOF's denial of the original LRPMP and to pursue approval of the original LRPMP. 2014-05-06 Agenda Packet Page 261 Resolution No. Page 3 Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-05-06 Agenda Packet Page 262 A a. u ' W IIII n 4 try DEPARTMENT OF EDMUND G, BROWN JR. GOVERNOIR C9;lF6RT',P F I N A N C 91 5 L STREET ■ SACRAMENTO CA ■ 95B 1 4.2706 l WWW.00F.CA.GCV March 19, 2014 Mr, Eric Crockett, Assistant Director of Development City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Crockett: Subject: Long-Range Property Management Plan Pursuant to Health and Safety Code (HSC) section 34191.5 (b), the City of Chula Vista Successor Agency (Agency) submitted a Long-Range Property Management Plan (LRPMP) to the California Department of Finance (Finance) on July 10, 2013. Finance has completed its review of the LRPMP, which may have included obtaining clarification for various items. HSC section 34191.5 defines the requirements of the LRPMP. Based on our review and application of the law, the Agency's LRPMP is not approved as follows: It was determined the proceeds from the sale of the following properties would be retained for the Third Avenue Streetscape Master Plan Project (Project): • Property No. 2 -- 789 E Street--Assessor's Parcel Number(APN) 565-310-09-00, vacant land • Property No. 3— Bay Boulevard and E Street—APN 565-310-25-00, vacant land • Property No. 10— 201 3rd Street--APN 568-071-01-00, vacant land Pursuant to HSC section 34191.5 (c) (2) (B), the LRPMP may direct the use of revenues generated from the sale of property for the purpose of fulfilling an enforceable obligation. However, this Project is not an enforceable obligation as defined in HSC section 34171 (d). The Project was placed on Recognized Obligation Payment Schedule (RODS) for the period of January through June 2014; however, it is payable with unspent bond proceeds as allowed pursuant to HSC section 34191.4 (c). As such, the LRPMP's proposed use of revenues generated from the sale of property must either be used to fund an enforceable obligation pursuant to the HSC section 34171 (d), or remitted to the county auditor-controller for distribution to the affected taxing entities. Pursuant to HSC section 34191.5, the LRPMP should include the necessary disposition of each property. However, no final disposition was addressed for the following property: Property No. 9 — Otay Valley Road —APN 644-042-02-00, vacant land HSC section 34191.5 (b) gives Finance the authority to approve or disapprove of a LRPMP, Consequently, Finance may approve or disapprove of the proposed permissible use of a 2014-05-06 Agenda Packet Page 263 Mr. Eric Crockett March 19, 2014 Page 2 property. However, Finance is not authorized with the duty of selecting the proposed permissible use of a property for an Agency. Therefore, the LRPMP should address the permissible use for each property. HSC section 34181 (a) authorizes an Oversight Board (OB) to direct the Agency to transfer ownership of those assets that were constructed and used for governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, and local agency administrative buildings to the appropriate public jurisdiction. The following properties are public parking lots and do not qualify as governmental use: • Property 11—232 Church Avenue —APN 568-071-21-00, public parking lot • Property 12— 230 Church Avenue —APN 568-071-22-00, public parking lot • Property 13 —281 Church Avenue —APN 568-162-08-00, public parking lot • Property 14—287 Church Avenue —APN 568-162-09-00, public parking lot • Property 15— 281-285 Landis Avenue—APN 568-152-02-00, public parking lot • Property 16 — 287 Landis Avenue—APN 568-152-03-00, public parking lot • Property 17— 311 F Street—APN 568-152-29-00, public parking lot • Property 18 —288 Center Street—APN 568-334-05-00, public parking lot • Property 19 — 336 Church Avenue —APN 568-334-06-00, public parking lot • Property 20 — 342 Church Avenue—APN 568-334-08-00, public parking lot • Property 21 — 338 Church Avenue —APN 568-334-07-00, public parking lot • Property 22— 358 Church Avenue —APN 568-351-04-00, public parking lot • Property 23 — 362 Church Avenue —APN 568-351-05-00, public parking lot Therefore, as authorized by HSC section 34191.5 (b), Finance is not approving the LRPMP. The Dissolution Act does not allow a meet and confer for Finance's review of the LRPMP. Therefore, the Agency should revise the LRPMP to address the issues noted above and resubmit an OB approved revised LRPMP to Finance. Please direct inquiries to Wendy Grille, Supervisor, or Jenny DeAngelis, Lead Analyst at (916) 445-1546. Sincerely, f 4ss YN WARD Program Budget Manager cc: Mr. Phillip Davis, Assistant Director of Finance, City of Chula Vista Mr. Jon Baker, Senior Auditor and Controller Manager, San Diego County Ms. Elizabeth Gonzalez, Bureau Chief, Local Government Audit Bureau, California State Controller's Office California State Controller's Office 2014-05-06 Agenda Packet Page 264 E E mfu T T T T T T T T T T T E o E o o E 65 — — — — — — — — — — — — — o > 16 E-6 E 6 ,, sz Long Ranch Property Management Plan : "TM°F Property Inventory Parcels CHULA VISTA Q� 10 X. .s_vs D• D 0 1 I � � 15 16 13 i�sd�i5s �a L-J, 17 Arw T ' A rt 18 _ . `!L 19 " + � 21 r uI 20 GS + 6t ,�j � 23 N 1 22 ll�* E S NOT TO SCALE ,_,. ATTACHMENT "B$' L 6 Long Ranch Property Management Plan : A Property Inventory Parcels CHUG VISTA 3 2 a� 6 4V 5\ 0 oo M RN 8 7 A, : s L2L- OT TO SCALE ATTACHMENT :"B' 67 ,, Long Ranch Property Management Plan: "TM°F Property Inventory Parcels CHULA VISTA a - � s = -�, TTLLLSNSNS 0 •,� — > ,o�n�ory�v'3.'se_ ;ems..,_ w T iaem� . ni a.`ti :..; V11 a Brie!Alla'.43 i4, �,- I W+E S NOT TO SCALE ATTACHMENT "B" 2 68 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0240, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO ADD CHARTER REVIEW COMMISSION AND DISTRICTING COMMISSION MEMBERS TO THE LIST OF OFFICIALS WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Political Reform Act requires every local agency to amend its Conflict of Interest Code when change is necessitated by changed circumstances. The proposed resolution adopts an amended appendix to the City's Conflict of Interest Code to add members of the Charter Review Commission and new Districting Commission to the list of officials that are required to file periodic statements of economic interest, and establishes the disclosure categories under which the members would be required to file. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378(b)(5) of the State CEQA Guidelines because it involves only amendments to the local conflict of interest code to add the charter review commission members to the list of required filers of periodic statements of economic interests; and therefore is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environmental; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION On March 21 , 2000, the Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, §18730, and any amendments thereto that are adopted by the Fair Political Practices Commission. The ordinance requires that the Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file. In 2012, the City's Charter was amended to provide that City Councilmembers be elected by district. Part of the process of implementing district elections is establishment of a Districting Commission. Charter section 300.5.D. assigns the Charter Review Commission the responsibility of reviewing and City of Chula Vista Page 1 of 2 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 269 File#: 14-0240, Item#: 6. verifying information contained in applications of persons interested in serving on the Districting Commission and selecting ten persons to constitute the pool of eligible applicants to be considered. The Districting Commission is responsible for approving a Districting Plan. In light of these changes, it has been determined that the appendix to the Conflict of Interest Code requires amendment. Adoption of the proposed resolution amends the appendix to the local Conflict of Interest Code to add members of the Charter Review and Districting Commissions to the list of individuals required to file statements of economic interests. Past amendments to the appendix to the Conflict of Interest Code have included the requirement that newly added filers complete ethics training pursuant to AB 1234; however, all board and commission members are already required under Chula Vista Municipal Code section 2.25.160(A) to participate in these periodic training sessions. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Adoption of this item support's the City's goal of providing responsible public service and fostering public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT Adoption of the proposed resolution will have no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. City of Chula Vista Page 2 of 2 Printed on 5/1/2014 2014-05-06 Agenda Packet Page 270 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO ADD CHARTER REVIEW COMMISSION AND DISTRICTING COMMISSION MEMBERS TO THE LIST OF OFFICIALS WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS WHEREAS, the Political Reform Act (California Government Code §§87100 through 91014), requires certain officials and candidates to file Statements of Economic Interests (Form 700) and requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, §18730, and any amendments thereto that are adopted by the Fair Political Practices Commission; and WHEREAS, the ordinance requires that the City Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file; and WHEREAS, pursuant to Government Code §87306(a), every local agency must amend its Conflict of Interest Code when change is necessitated by changed circumstances, including the creation of new positions which involve the making or participating in making of governmental decisions; and WHEREAS, the City Attorney and the City Clerk have reviewed the Code and its Appendix following the addition of the Districting Commission and the new duties assigned to the Charter Review Commission, and determined that amendments to the Appendix of the Code are necessary; and WHEREAS, the list of officials, candidates and designated employees of the City of Chula Vista who are required to file periodic statements of economic interests, and the disclosure categories under which each such official, candidate or designated employee is required to file, was presented to the City Council and is attached hereto as Exhibit A and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby modifies the appendix to the local Conflict of Interest Code to amend the list of officials, candidates and designated employees who are required to file periodic statements of 2014-05-06 Agenda Packet Page 271 Resolution No. Page 2 economic interests, and the disclosure categories for said filers, a copy of which is attached as Exhibit A to this Resolution, shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by Donna R.Norris, CMC Glen R. Googins City Clerk City Attorney 2014-05-06 Agenda Packet Page 272 EXHIBIT A OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as "700 Forms") with the Fair Political Practices Commission, as required by California Government Code §§87200—87210: Mayor and City Councilmembers Candidates for Elective Office City Manager City Attorney Director of Finance/City Treasurer Planning Commission Members In addition, each official falling within any of the above-listed categories, except "Candidates for Elective Office," is required to comply with the ethics training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category (as set forth in Chula Vista Municipal Code §2.02.030) and is required to comply with the ethics training requirements of California Government Code §§53234, et seq. Position Title..................................................................................................Disclosure Category Animal Care Facility Administrator............................................................................................3, 6 Administrative Analyst II ............................................................................................................4, 6 Administrative Services Manager................................................................................................1, 2 Advanced Planning Manager.......................................................................................................1, 2 Animal Care Facility Manager-----------------------------------------------------------------------------------------------------3, 6 AssistantChief of Police..............................................................................................................1, 2 AssistantCity Attorney................................................................................................................1, 2 AssistantCity Clerk.....................................................................................................................1, 2 AssistantCity Manager............................................................................................................1, 2, 7 2014-05-06 Agenda Packet Page 273 Position Title..................................................................................................Disclosure Category Assistant Director of Development Services...............................................................................1, 2 Assistant Director of Engineering................................................................................................1, 2 Assistant Director of Finance...................................................................................................1, 2, 7 Assistant Director of Human Resources..........................................................................................1 Assistant Director of Information Technology................................................................................5 Assistant Director of Public Works .............................................................................................1, 2 Assistant Director of Recreation..................................................................................................1, 2 AssistantPlanner..........................................................................................................................3, 4 Assistant to the City Manager/Continuous Improvement Manager ................................................5 AssociateAccountant...............................................................................................................1, 2, 7 AssociateEngineer.......................................................................................................................3, 4 AssociatePlanner.........................................................................................................................3, 4 BenefitsManager.............................................................................................................................5 Budget&Analysis Manager....................................................................................................1, 2, 7 BuildingInspector(all levels)..........................................................................................................3 Building Official/Code Enforcement Manager............................................................................3, 4 BuildingProject Manager................................................................................................................4 Chiefof Police.............................................................................................................................1, 2 ChiefService Officer...............................................................................................................1, 2, 7 CityClerk.....................................................................................................................................1, 2 Code Enforcement Officer (all levels).............................................................................................3 CollectionsSupervisor.................................................................................................................2, 3 Constituent Services Manager.................................................................................................1, 2, 7 Constructionand Repair Manager...................................................................................................4 CouncilAssistant.....................................................................................................................1, 2, 7 Custodial and Facilities Manager.....................................................................................................5 Deputy City Attorney (all levels).................................................................................................1, 2 DeputyCity Manager...............................................................................................................1, 2, 7 DeputyFire Chief........................................................................................................................1, 2 Development Planning Manager..............................................................................................3, 4, 6 2014-05-06 Agenda Packet Page 274 Position Title..................................................................................................Disclosure Category Development Services Counter Manager....................................................................................3, 4 Development Services Department Director...............................................................................1, 2 Director of Economic Development........................................................................................1, 2, 7 Director of Engineering/City Engineer....................................................................................1, 2, 7 Directorof Library.......................................................................................................................1, 2 Directorof Public Works.........................................................................................................1, 2, 7 Directorof Recreation..................................................................................................................1, 2 Environmental Resource Manager...........................................................................................3, 6, 7 Environmental Services Program Manager.............................................................................3, 6, 7 Facility & Supply Specialist .......................................................................................................... 6 Family and Youth Literacy Coordinator..........................................................................................6 FireBattalion Chief......................................................................................................................1, 2 Fire Captain (80 HR Training Division only)..................................................................................6 FireChief.....................................................................................................................................1, 2 FireDivision Chief......................................................................................................................1, 2 Fire Inspector/Fire Investigator(all levels)..................................................................................3, 6 Fire Prevention Engineer/Fire Investigator..................................................................................3, 4 Fiscaland Management Analyst......................................................................................................5 FiscalOperations Manager......................................................................................................1, 2, 7 FleetManager..................................................................................................................................5 HousingManager.........................................................................................................................1, 2 Human Resources Operations Manager...........................................................................................5 Information Technology Manager...................................................................................................5 LandSurveyor..............................................................................................................................4, 5 LandscapeArchitect.....................................................................................................................3, 4 LandscapePlanner.......................................................................................................................3, 4 Librarian (all levels, except hourly).................................................................................................6 Library Digital Services Manager....................................................................................................6 Marketing and Communications Manager...................................................................................3, 5 OpenSpace Manager...................................................................................................................4, 6 2014-05-06 Agenda Packet Page 275 Position Title..................................................................................................Disclosure Cateaory ParksManager.............................................................................................................................4, 6 ParksOperations Manager...........................................................................................................4, 6 PlanCheck Supervisor.................................................................................................................3, 4 PlansExaminer............................................................................................................................1, 2 PoliceCaptain..............................................................................................................................1, 2 PrincipalCivil Engineer...........................................................................................................3, 4, 5 Principal Economic Development Specialist...............................................................................1, 2 Principal Landscape Architect.....................................................................................................3, 4 PrincipalLibrarian.......................................................................................................................... 6 Principal Management Analyst....................................................................................................3, 5 PrincipalPlanner..........................................................................................................................1, 2 Principal Project Coordinator ......................................................................................................1, 2 Principal Recreation Manager..........................................................................................................6 ProcurementSpecialist.............................................................................................................1, 2, 7 Project Coordinator(all levels)------------------------------------------------------------------------------------------------1, 2, 7 Public Works Inspector(all levels)----------------------------------------------------------------------------------------------4, 6 PublicWorks Manager ................................................................................................................1, 2 PurchasingAgent.....................................................................................................................1, 2, 7 RealProperty Manager................................................................................................................1, 2 RiskManagement Specialist........................................................................................................1, 2 RiskManager...............................................................................................................................1, 2 Senior Assistant City Attorney ....................................................................................................1, 2 SeniorBuilding Inspector................................................................................................................3 SeniorCivil Engineer...................................................................................................................4, 5 Senior Code Enforcement Officer...............................................................................................3, 4 SeniorCouncil Assistant..........................................................................................................1, 2, 7 SeniorGraphic Designer..................................................................................................................5 SeniorLandscape Inspector.........................................................................................................4, 6 SeniorLibrarian...............................................................................................................................6 SeniorManagement Analyst............................................................................................................6 2014-05-06 Agenda Packet Page 276 Position Title..................................................................................................Disclosure Category SeniorOpen Space Inspector.......................................................................................................4, 6 SeniorPlanner..............................................................................................................................1, 2 Senior Plans Examiner.................................................................................................................3, 4 Senior Procurement Specialist.................................................................................................1, 2, 7 SeniorProject Coordinator ..........................................................................................................1, 2 Senior Public Works Inspector....................................................................................................4, 6 SeniorRecreation Manager..............................................................................................................6 Senior Risk Management Specialist............................................................................................1, 2 SpecialEvents Coordinator..............................................................................................................3 Special Planning Projects Manager.............................................................................................1, 2 TransitManager...............................................................................................................................5 Transportation Engineer...........................................................................................................3, 4, 5 TreasuryManager....................................................................................................................1, 2, 7 Veterinarian (Permitted, except hourly) ......................................................................................3, 6 Wastewater Collections Manager................................................................................................1, 2 Board and Commission Members: Board of Appeals and Advisors Members.......................................................................2, 5 Boardof Ethics Members ................................................................................................1, 2 Civil Service Commission Members...................................................................................3 Charter Review Commission Members.......................................................................1, 2, 7 Districting Commission Members...............................................................................1, 2, 7 Growth Management Oversight Commission Members .................................................2, 4 Historic Preservation Commission ..................................................................................1, 2 Mobilehome Rent Review Commission Members..........................................................1, 2 Oversight Board to the Successor Agency to the Redevelopment Agency.....................1, 2 Consultants*.............................................................................................................................1, 2, 7 HearingOfficers...........................................................................................................................1, 2 *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a 2014-05-06 Agenda Packet Page 277 description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City's determination is a public record. 2014-05-06 Agenda Packet Page 278 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0227, Item#: 7. CONSIDERATION OF CHULA VISTA'S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY State and Federal regulations require the San Diego Association of Governments (SANDAL) to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years in order to continue receiving Federal and State funding. All the projects that the City of Chula Vista proposes to fund with TransNet funds must be included in the RTIP, as well as projects that are funded with Federal or State transportation funds. Preliminary funding recommendations were submitted electronically to SANDAG by the March 14, 2014 deadline. Signed resolutions must be submitted to SANDAG by June 27, 2014. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity, consisting of approval to submit a funding request for various TransNet Projects to SANDAL, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines. Therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary at this time. Although environmental review is not necessary at this time, once the scope of the individual projects proposed to be funded have been more specifically defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION TransNet History and Regulations The voters of San Diego County approved the TransNet Program as Proposition A in November 1987. This proposition enacted a half-cent increase in the countywide sales tax through 2008 to fund City of Chula Vista Page 1 of 5 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 279 File#: 14-0227, Item#: 7. specified transportation programs and projects. One third of the revenues generated by the tax were allocated by SANDAG to the local agencies for local streets and roads purposes. These funds have been distributed to cities annually and programmed by cities into local projects. In November 2004, 67 percent of County voters supported Proposition A, which extends TransNet from 2008 to 2048. The TransNet Extension Ordinance states that at least 70 percent of the funds allocated to local agencies for local road projects should be used to fund Congestion Relief (CR) projects. CR projects include the construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signalization, transportation infrastructure to support smart growth, capital improvements for transit facilities, and operating support for local shuttle and circulator transit routes. No more than 30 percent of TransNet funds allocated to local agencies for local road projects are expected to be used for local street and road maintenance. Projects included under the Congestion Relief portion of TransNet are required to accommodate travel by pedestrians and bicyclists in accordance with the TransNet Ordinance and Rule 20 of SANDAG Board Policy 31 , "Accommodation of Bicyclists and Pedestrians". This rule states that "All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the cost of including bikeways and walkways would be excessively disproportionate to the need or probable use." Evaluating bicycle and pedestrian accommodation is required for all major reconstruction projects included under Congestion Relief under the 70-30 requirement. The decision not to provide for pedestrian and bicycle facilities in a construction or major reconstruction project must be made for good cause, such as severe topographic or biologic constraints, unreasonable cost, lack of sufficient right-of-way, or missing curb and gutter (for sidewalks). Cities may use a bicycle or pedestrian master plan adopted by the City Council and approved by SANDAG within the last five years to determine the appropriate means of accommodating bicyclists and pedestrians in a given project. Since Chula Vista's Bikeway Master Plan Update was adopted by the City Council on February 1 , 2011 , and the Pedestrian Master Plan was adopted on June 22, 2010, they qualify under this provision. On February 11 , 2014, SANDAG provided the member agencies with the most recent version of the financial projection for Fiscal Years 2014-15 through 2018-19 (Attachment 1). This projection has been used to plan the City's TransNet allocation program for the next five years. The existing amount of funds previously appropriated that remained unspent was considered in determining the Fiscal Year 2014-15 allocation. Allocations for Fiscal Years 2015-16 through 2018-19 are estimated and subject to change next year. These allocations are shown on Attachment 2. Changes are proposed for the following projects in Fiscal Year 2014-15. Appropriation of these funds is not requested at this time - appropriation of these funds will be part of the approval process for the Fiscal Year 2014-15 Capital Improvement Program (CIP). Congestion Relief(CR) Projects City of Chula Vista Page 2 of 5 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 280 File#: 14-0227, Item#: 7. CHV-39: Traffic Signal System Optimization (TF350) This is an ongoing annual project to upgrade the City's technology for coordinating traffic signals and detecting bicycles and vehicles. This will improve traffic circulation and reduce intersection delays and traffic congestion throughout the City. For Fiscal Year 2014-15, an additional $141,000 is proposed. CHV48: Pavement Major Rehabilitation This is the City's annual program for major pavement rehabilitation. Most of these streets will be rehabilitated using pavement overlays - however, some streets may require reconstruction or full depth reclamation. In order to award a $3.0 to $4.0 million contract during the upcoming fiscal year, an additional allocation of$2,451,000 will be requested. The current list for CHV48 is provided as Attachment 3. All streets on the list were checked for compliance with SANDAG Policy No. 31 on pedestrian and bicycle accommodation. Streets that are in compliance with this policy are labeled with a "C", while streets that are not in compliance are labeled with "NC". Two locations need to be checked for Americans with Disabilities Act (ADA) compliance at the bus stops. None of the streets on this list labeled "C"require pedestrian/bicycle exclusions. All other streets will be investigated regarding the possibility of compliance with this policy prior to inclusion in a CIP project, and requests for exclusions will be submitted at a later date if necessary. Alternatively, the overlay of the 16 non-compliant streets may be funded by a different funding source, such as Gas Tax. CHV54: South Broadway Improvements (STM367) This project includes the construction of curb, gutter, sidewalk and bike lanes on Broadway south of Main Street. Existing TransNetfunding in this project is $1,050,000. An additional $1,600,001 will be requested in order to provide funding for construction. CHV58: New Sidewalk Construction Several sidewalk projects that have been in design are priorities in our Pedestrian Master Plan. These include Moss Street from Broadway to Fourth Avenue, Oxford Street from Broadway to Fifth Avenue and Palomar Street from Broadway to Fourth Avenue. Additional funds are needed to move these projects and others into construction. An additional $979,900 will be requested for Fiscal Year 2014-15. CHV59: Naples Street New Sidewalks This includes project STL364 for the construction of sidewalks between Broadway and Fifth Avenue, which was last included in the Fiscal Year 2012-13Capital Improvement Program. For Fiscal Year 2014-15,$408,318will be allocated to this project. Maintenance Projects CHV06: Minor Pavement Rehabilitation In the past, this project was used to fund minor pavement rehabilitation projects, such as chip seals and slurry seals. These efforts are now being funded by the Gas Tax. Currently,this project is being used to fund pavement management efforts. Sufficient funds are remaining from previous pavement rehabilitation projects to cover pavement management expenses for Fiscal Year 2014-15. Therefore, no additional funds are requested for next fiscal year. CHV22: Advance Planning Studies A total of$134,000 in TransNet funding is requested for Fiscal Year 2014-15 under OP219. CHV33: School Zone Traffic Calming (TF345) (STM-380) Additional funding of$109,304 is being requested for the following projects: • TF345: Traffic Calming Program City of Chula Vista Page 3 of 5 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 281 File#: 14-0227, Item#: 7. • STM-380: Sidewalk Replacement on East H Street CHV43: Congestion Relief Study and Implementation (TF354) This program allows for the identification and implementation of solutions for congestion relief on local streets. An additional $66,529 is being requested for this program in Fiscal Year 2014-15. CHV45: Traffic Monitoring Program Additional funding of$100,000 will be included for the following projects in Fiscal Year 2014-15: • TF274: Traffic Count Station Program • TF321: Citywide Traffic Count Program CHV50: Emergency Storm Drain and Bridge Culvert Repair Program This project includes the repair/replacement of storm drains that carry street drainage and need to be repaired in order to maintain safe driving conditions. The most recent list of locations is provided in Attachment 4. Additionally, this year the repair and replacement of culverts located under bridges will also be funded under CHV50. The list of bridges in Chula Vista recognized by Caltrans is shown on Attachment 5. An additional $275,000 will be added to this project. CHV53: Bikeway Master Plans Bikeway Master Plans are considered to be valid by funding agencies for a period of five years from the date of adoption. The City's most recent Bikeway Master Plan was adopted in February 2011. In order to be adopted in 2016, a revised plan would need to be prepared in Fiscal Year 2015-16. In Fiscal Year 2014-15, $50,000 will be requested in order to prepare the contract documents. It is anticipated that the City will be eligible to receive a $150,000 grant during Fiscal Year 2015-16. The City will also be preparing a Bikeway Feasibility Study for Broadway. This has been the most requested street for a bike lane in the City, yet there are potential issues with street parking and local merchants. For Fiscal Year 2014-15, $65,000 will be requested to prepare this study. CHV66: Claire Ave. /I Street Drainage Improvements Council previously approved the transfer of $100,000 from DR180 (part of CHV50) into this project (DR191), through Resolution 2012-184(Attachment 6). However, the changes to the RTIP were never authorized. This Council action will remedy that oversight. CHV71: Main Street Streetscape Master Plan This project was originally added to the RTIP after the City obtained an Active Transportation Grant for $299,981. This project will result in a plan for Main Street between I-5 and I-805 based on "complete street" principles. In Fiscal Year 2013-14 a match of $51,120 was provided from TransNet funds. An additional allocation of $50,000 will be required in Fiscal Year 2014-15. DECISION-MAKER CONFLICT For CHV06, CHV48, CHV50 and CHV66: Pursuant to California Code of Regulations Section 18704.2 (b) (2), there is no material effect on any economic interests in real property as the "decision solely concerns repairs, replacement, or maintenance of existing streets, water, sewer, storm drainage or similar facilities." For other projects: Staff has reviewed the property holdings of the City Council on the site specific portions of this action and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong City of Chula Vista Page 4 of 5 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 282 File#: 14-0227, Item#: 7. and Secure Neighborhoods and a Connected Community. The TransNet Local Street Improvement Program supports the Strong and Secure Neighborhood strategy in the City's Strategic Plan. It provides funding for the maintenance and rehabilitation of public infrastructure,which is a key City function in providing a safe and efficient transportation system for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT These actions will have no direct impact on the General Fund. Changes that result in a fund allocation for Fiscal Year 2014-15 will be approved as part of the Fiscal Year 2014-15 Capital Improvement Program. 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Ql Ei> r O N 00 CA It 00 O O M M O M N �/'� .-• LL 0 Nt co LO It LO LO ro � � M M O N M "O l— 0 U U U U U U U U U U U U U U U U U U U M = 00 M co 00 F- � �6 Ch � LO LL O r CO M CD cy� N a N 06 LL L' co � m LL cz V1 rC LL H ) ~ N R N Q LO L _ i �, LO O O O LL M N 0 d _ V1 V1 V 0 H 2 LO _ 'G1 O V1 bb O N Q V > Cl) ti m 06 F" N a o .� cq -a p J 7 O O LL CO) Z L C YA N M � ci J O U � U) J 06 O d i, W N fez. fT- a Q N C CA fn 7 +, O 4. O P. F-' F-'0 CO H d w E O m M LL d a V] E bb bb 'n w R LO .r E U) LL Z V V — Q N N J C C �' ,� O O 0 06 O cn (D E N m + Of O LL O -_ i L� p V-, bb bb � 0 a 'e� o w > o Lo m M z 6,°- Q o o a o b�~n 0 d z of E (D j6 z E o N P. °� 0 bb bb H y m o 00 CD m m o x o E Q a � Q O w a') Q W U H Cn — Z Z H 2 U) U 2 V� E- E- V� U a' of c n, on 0 Ln 0 0 N Attachment 2 CHV48 OVERLAY LIST (C/NC) RoadName g Location AM En C 7TH ST MAIN ST S END No existing improvements C ADA ST BAY BL FRONTAGE RD W No existing improvements C ALPINE AV MOSS ST NAPLES ST No existing imp.east side C ALVARADO ST THIRD AVE SECOND AVE C AMENA CT SCDS TIERRA DEL REY C ANITA JUNE CT W CDS FOURTH AV C AUSTIN CT REDLANDS PL SCDS C AZALEA ST OLEANDER AV LAUREL AV C AZUSA CT REDLANDS PL ECDS C BANNER AV MONTGOMERY ST ZENITH ST NC BAY BL 1-5 FREEWAY RAMP PALOMAR ST s/w required on west side C BEECH AV JAMES ST K ST C BEECH AV MADRONA ST END OF STREET C BEECH AV SIERRA WY L ST ? BONITA RD CITY LIMIT @ WILLOW ST ALLEN SCHOOL RD Bus stop landings(?) C BRIGHTWOOD AV KEARNEY ST K ST C BRISBANE ST N FOURTH AVE TROUSDALE DR C BRITTON AV REED CT MACE ST No existing improvements C BUCKNELL ST STANFORD AV LEHIGH AV C BUENA VISTA WY E H ST CALLE SANTIAGO C BUENA VISTA WY CALIENTE LP CERRITOS CT C CANYON DR 110'N/O CANYON CT VIA HACIENDA C CEDAR AV I ST CDS C CEDAR AV JAMES ST K ST C CENTER ST FIRST AVE ROSEVIEW PL C CHARDONNAY TE RIESLING TE E CDS C CHURCH AV CENTER ST MADRONA ST C CHURCH AV E ST F ST C CHURCH AV J ST K ST C CITADEL CT W CDS RUTGERS AV C COE PL STANFORD AV E CDS C COLORADO AV SIERRA WY L ST C COLTRIDGE LN TRAILRIDGE DR CORRAL CANYON C CORDOVA DR E J ST DORADO WY C CORTE CERRADA BUEN TIEMPO DR ECDS C CORTE HELENA AV CDS E ST C CORTE HELENA AV H ST N CDS C CORTE MARIA AV CDS G ST C CORTE MARIA AV D ST E ST C D ST THIRD AVE W MOUNTAIN VIEW DR C D ST W MOUNTAIN VIEW DR SECOND AVE C DATE AV JAMES ST K ST C DATE ST OTAY VALLEY RD DATE CT No existing improvements C DAVID DR 11 80F W/O LORI LN WILER DR C DAVIDSON ST FOURTH AVE DEL MAR AV 2014-05-06 Agenda Packet CHV48 1 /17age 286 R®adName �lNc) DEL MAR AV E ST G ST C DEL MAR AV I ST K ST C DEL MAR AV KEARNEY ST K ST C DEL MAR AV SEA VALE ST CHULA VISTA ST No existing improvements C DEL MAR CT CDS ALVARADO ST C DEL MONTE AV MONTGOMERY ST MAIN ST C DENNIS AV E J ST E MILLAN ST C DESIGN CT W CDS MAXWELL RD C DOROTHY ST FRONTAGE RD INDUSTRIAL BL No existing improvements C DOUGLAS ST CREST PASEO DEL REY C DRAKE CT REDLANDS PL SCDS C DUKE ST STANFORD AV LEHIGH AV C E J ST MELROSE AVE FLOYD AVE C E LEANNA CT MYRA AV E CDS C E MILLAN ST W END E CDS C E MOSS ST MELROSE AV NOLAN LN C E ONEIDA ST JUDSON WY NEPTUNE DR C E ORLANDO ST MONSERATE AV MELROSE AV C E OXFORD ST HILLTOP DR MELROSE AVE C E OXFORD ST OSAGE AV OLEANDER AV C E PAISLEY ST HILLTOP DR HELIX AV C E PALOMAR DR HILLTOP DR CUYAMACA AV C E PALOMAR ST E EDGE/O 1805 BRIDGE OLEANDER AV C E PARK LN E ST F ST No existing improvements C E PROSPECT ST HILLTOP DR MONSERATE AVE C E QUEEN ANNE DR THERESA WY MONSERATE AVE C E QUEEN ANNE DR THERESA WY JUDSON WY C E QUEEN ANNE DR W CDS JUDSON WY C E RIENSTRA ST MELROSE AV NACION AV C E SIERRA WY HILLTOP DR CUYAMACA AV C EL CAPITAN DR HILLTOP DR E CDS C EL CAPITAN DR W CDS E END C ELDER AV N CDS K ST C ELM AV I ST CDS C ELM AV PALOMAR ST PROSPECT ST C ELMHURST ST XAVIER AV CORNELL AV C EMERSON ST THIRD AV FIRST AVE No existing improvements C F ST FOURTH AV THIRD AVE C FAIVRE ST JACQUA ST 27TH ST No existing improvements C FALLBROOK CT WCDS ACACIA AVE C FENTON ST EASTLAKE PW HALE PL C FIG AV KEARNEY ST S END C FIRST AV G ST H ST C FIRST AV I ST J ST NC FIRST AV PROSPECT ST S END s/w required on west side C FLOYD AV E J ST HALE ST C G ST FOURTH AVE SECOND AVE C GARRETT AV D ST E ST 2014-05-06 Agenda Packet CHV48 2/Age 287 (C/NC) RoadName ing Location End Locatio C GARRETT AV J ST KEARNEY ST NC GARRETT AV PARK WAY G ST s/w required on west side C GLOVER AV MANKATO ST SCDS NC GRANJAS RD N CDS NAPLES ST s/w required on west side C GRETCHEN RD E J ST E MILLAN ST C GUAVA AV KEARNEY ST S END C H ST BROADWAY HILLTOP DR C HALE ST FLOYD AV HALECREST DR C HALECREST DR LORI LN TELEGRAPH CANYON RD C HALSEY ST COLORADO AVE WOODLAWN AVE C HALSEY ST SECOND AVE MINOT AVE C HAMPTON CT WCDS BRISTOL CT C HARTFORD ST HAMDEN DR LAKESHORE DR C HELIX AV E PALOMAR ST E PAISLEY ST C HELIX AV N CDS E PALOMAR ST C HELIX AV OXFORD ST S CDS C HERITAGE RD CITY LIMITS CITY LIMITS No existing improvements C HILLTOP DR CDS D ST C HILLTOP DR NAPLES ST EAST PALOMAR ST EAST C I ST BROADWAY FOURTH AVE C INKOPAH ST OSAGE AV OSSA AV C J ST BROADWAY FOURTH AVE C J ST THIRD AVE SECOND AVE C JADE AV JASPER AV TOURMALINE ST C JAMES ST ASH AV FIFTH AV C JAMUL AV E NAPLES ST MONSERATE AV C JAMUL AV MONSERATE AV MELROSE AV C JAMUL CT OSAGE AV OLEANDER AV C JASPER AV ORANGE AV JADE AV C JEFFERSON AV Is J ST C JEFFERSON AV MOSS ST NAPLES ST C JEFFERSON AV SIERRA WY L ST C JUDSON WY E PALOMAR ST E PAISLEY ST C JUDSON WY E QUEEN ANNE DR E QUINTARD ST C JUNIPER ST LILAC AV LAUREL AV C K ST FOURTH AVE THIRD AVE NC KEARNEY ST FIFTH AV BRIGHTWOOD AV s/w required on south side C KEARNEY ST THIRD AVE SECOND AV C KENNEDY ST THIRD AV SECOND AV C KING ST SECOND AVE FIRST AVE C LAKESHORE DR ASHBROOK DR CREEKWOOD WY C LANDIS AV D ST E ST C LAS FLORES DR LANSLEY WAY MONTEBELLO ST C LAS FLORES DR N CDS D ST C LAUREL AV JUNIPER ST LILAC AVE C LEHIGH AV GOTHAM ST BUCKNELL ST C LILAC AV JUNIPER ST AZALEA ST C LILAC AV WISTERIA ST RIVERA ST C LOYOLA CT NW CDS ITHACA ST 2014-05-06 Agenda Packet CHV48 3/17age 288 Road Name C LYNWOOD DR BONITA RD 131 FT S/O BONITA RD C MACE ST MAIN ST S END No existing improvements C MADISON AV CRESTED BUTTE ST NAPLES ST C MADRONA ST DEL MAR AVE SECOND AVE C MANKATO ST MADISON AVE ECDS C MANZANITA ST MARIPOSA ST OLEANDER AV C MARIA WY E L ST E MOSS ST C MARIPOSA Cl OLEANDER AV MARIPOSA Cl C MARIPOSA ST MANZANITA ST OLEANDER AV C MAX AV E PROSPECT ST E RIENSTRA ST C MAX AV E QUINTARD ST E RIENSTRA ST C MEDICAL CENTER CT 660FT SW/0 MEDICAL CENTER SW END C MELROSE AV CDS SHEFFIELD CT C MESA GRANDE PL N CDS TIERRA BONITA PL C MITSCHER ST MINOT AVE FIRST AVE C MONTCALM ST NEPTUNE AV NACION AV C MONTCLAIR ST MELROSE AV MONTEREY AV C MONTCLAIR ST MONTEREY AVE NEPTUNE AV C MONTCLAIR ST NEPTUNE AV NACION AV C MONTEBELLO ST FIRST AVE ECDS C MONTERA CT TERRA NOVA DR ECDS C MONTGOMERY ST FOURTH AV FRESNO AV C MOSS ST ALPINE AVE NAPLES ST No existing improvements C MOSS ST THIRD AVE FOURTH AVE C MURRAY ST SECOND AVE CDS C MYRA AV E L ST E MOSS ST C MYRA AV E NAPLES ST S CDS C MYRA AV MELROSE AVE 90 DEGREE TURN C MYRA AV MYRA AVE 90 DEGREE TURN E J ST C MYRA AV N CDS E OXFORD ST C MYRA CT N CDS MALTA AV C NACION AV J ST EAST TELEGRAPH CYN RD C NACION AV NAPLES ST EAST MELROSE AVE C NAPA AV N CDS E ONEIDA ST C NAPA CT N CDS QUINCE PL C NAPLES ST THIRD AVE ALPINE AVE Missing improvements C NEW HAVEN DR HARTFORD ST HAMDEN DR C NILE CT E OXFORD ST S CDS NC NIXON PL N DEL MAR AVE CDS s/w required on south side C NOCTURNE CT NOLAN AV S CDS C NOLAN AV E ONEIDA ST E PALOMAR ST C NOLAN AV QUAIL PL E RIENSTRA ST C NOLAN CT E RIENSTRA ST S CDS C NOLAN WY ROMAN WY E MOSS ST C OAKLAWN AV I ST J ST C OAK AWN AV MOSS ST NAPLES ST C OASIS AV E NAPLES ST E OXFORD ST C OCALA AV N CDS S CDS 2014-05-06 Agenda Packet CHV48 4/17age 289 End Location C OCELOT AV NANETTE ST E OXFORD ST C OLEANDER AV OLYMPIC PW SEQUOIA ST C OLIVE AV SEQUOIA ST TALLOW CT C OLIVE CT N CDS SEQUOIA ST C ORIOLE PL E PALOMAR ST S CDS C OSSA AV N CDS JAMUL CT C OTAY LAKES RD E H ST GOTHAM ST C OTAY LAKES RD GOTHAM ST MIRACOSTA Cl C OTAY LAKES RD RIDGEBACK RD E H ST C OXFORD ST W CDS BROADWAY C PALM AV VALLEY AV S END No existing improvements C PALOMAR DR FOURTH AV W CDS C PALOMAR ST BROADWAY ORANGE AVE C PALOMAR ST TOBIAS DR HILLTOP DR C PASEO DEL REY BAJO DR DOUGLAS ST C PASEO DEL REY E H ST E J ST C PASEO MAGDA PASEO RANCHO REGULO PL C PEPPERWOOD CT OAK VIEW TE SCDS C PLAZA CT MALL ENTRANCE PASEO DEL REY C POINSETTIA ST LANTANA AV CARISSA AV NC POINT CAIMAN CT NW CDS MORRO POINT DR s/w required NC POINT CONCEPCION CT N CDS POINT ARGUELLO DR s/w required NC POINT LOMA CT POINT ARGUELLO DR S CDS s/w required NC POINT MUGU CT SEQUOIA ST S CDS s/w required NC POINT PACIFIC CT NW CDS POINT LA JOLLA DR s/w required NC POINT VICENTE CT CROWN POINT CT SE CDS s/w required C PORT CARDIFF RIESLING TE S CDS C PORT CHELSEA PORT RENWICK S CDS C PRINCESS MANOR CT E RIENSTRA ST S CDS C PROSPECT ST ELM AV TOBIAS DR C QUAIL CT W CDS OLEANDER AV C QUAIL PL NOLAN AV NACION AV C QUEEN ANNE DR FIFTH AV FOURTH AV No existing improvements C QUINTARD ST TOBIAS DR HILLTOP DR NC RACE POINT CT W CDS TORTUGA POINT DR s/w required C REGENCY CT REGENCY WY E CDS C RIDGE CREEK DR WCDS FORESTER LN C RIDGEBACK RD N RANCHO DEL REY PW OTAY LAKES RD C RIESLING TE HILLSIDE DR N CDS C ROMAN WY NOLAN WY NACION AV C RUE AVALLON HILLSIDE DR S CDS C RUTGERS AV GOTHAM ST OTAY LAKES RD C SAN MIGUEL DR FOURTH AV E CDS C SANDSTONE CT MELROSE AV E CDS C SATINWOOD CT N CDS SATINWOOD WY C SEA VALE CT CDS DATE AVE C SEA VALE ST THIRD AVE DELMAR AVE C SECOND AV PALOMAR ST ORANGE AVE. C SEQUOIA ST BRANDYWINE AV POINT CABRILLO CT 2014-05-06 Agenda Packet CHV48 5/1-7age 290 C SEQUOIA ST OLIVE AV BRANDYWINE AV C SEQUOIA ST POINT CABRILLO CT POINT ARGUELLO DR C SHASTA ST FIRST AVE ECDS C SHEFFIELD CT END OF STREET MELROSE AVE NC ISHIRLEYST N DEL MAR AVE N SECOND AVE s/w required C SIERRA WY BROADWAY FIFTH AV C SKYLARK WY N CDS TEAL ST C SMITH AV G ST ROOSEVELT ST C STANFORD AV N CDS GOTHAM ST C TALLOW CT OLIVE AV E CDS C TAMARACK CT OLIVE AV E CDS C TAMPA CT REDLANDS PL SCDS C TANOAK CT OLEANDER AV E CDS C TEAK CT OLIVE AV E CDS C TELEGRAPH CANYON MELROSE AV 120 FT SOUTH OF NACION C TELEGRAPH CANYON RD CAMINO ENTRADA HILLTOP DR C TELEGRAPH CANYON RD CAMINO ENTRADA MELROSE AVE C TERRA NOVA DR BEACON PL PLAZA DEL CID C THERESA WY E PROSPECT ST E QUINTARD ST C THIRD AV N FOURTH AVE D ST C THORNTON RD FORESTERLN CORRALCANYON C THRUSH ST FINCH PL ROBIN PL C TIERRA BONITA PL BUENA VISTA WY MESA GRANDE PL C TOBIAS DR BISHOP ST SHERWOOD ST C TOBIAS DR OXFORD ST GENTRY WY C TOBIAS DR QUINTARD ST BISHOP ST C TOBIAS DR SHERWOOD ST KINGSWOOD ST C TRAILRIDGE DR WCDS ECDS C TURQUOISE CT MELROSE AV NE CDS C TWIN OAKS AV DAVIDSON ST F ST C TWIN OAKS AV E ST DAVIDSON ST C TWIN OAKS AV F ST CYPRESS ST C TWIN OAKS AV J ST K ST C VANCE ST FOURTH AVE ECDS C VANCE ST SECOND AVE E CDS NC VANCE ST WCDS MINOT AVE s/w required C VIA ARMADO N RANCHO DEL REY PW LA CRESCENTIA DR C VIA TRIESTE E NAPLES ST W CDS NC WALNUT AV N CDS PALOMAR ST s/w required NC WESTMONT CT WCDS CAMINO ELEVADO s/w required C WHITNEY ST MADISON AVE ECDS C WINDSOR Cl WINSOR COURT INLET WINSOR CT OUTLET C WISTERIA ST OLEANDER AV LANTANA AV C WOODLARK LN WOODLARK CT LARKHAVEN DR ? WOODLAWN AV E ST F ST Bus stop landings(?) 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D a O a 2014-05-06 Agenda Packet Page 294 RESOLUTION NO. 2012-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2011/2012 CIP BUDGET; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY STORM DRAIN REPAIRS AT 'I' STREET AND CLAIRE AVENUE (DR191)'; REDUCING THE DRI 80 CIP BUDGET BY $100,000 AND APPROPRIATING THE EQUIVALENT AMOUNT TO DR191; MAKING A FINDING THAT AN EMERGENCY EXISTED AND RATIFYING THE CONTRACT WITH TC CONSTRUCTION COMPANY, INC. FOR SAID EMERGENCY REPAIR WHEREAS, severely deteriorated and corroded 24" & 30" diameter corrugated metal pipe "CMP" storm drain was discovered within the storm drain system between residential properties from 86 "1" Street southerly to 634 Claire Avenue and then easterly to 675 Dennis Avenue; and WHEREAS, this storm drain is within public rights-of-way (Claire, Robert, Arthur and Dennis Avenues) and public storm drain easements between private properties; and WHEREAS, on December 20, 2011, this system was re-televised after a series of intense rain events and it was discovered that the bottoms of two segments of pipe near 634 Claire Avenue had completely corroded out, with large voids around the pipes: similar damage was discovered further upstream of Claire Avenue; and WHEREAS, it became evident that the rate of deterioration of the system had accelerated significantly; and WHEREAS, the above-mentioned CMP failures and the increased rate of deterioration, if not repaired, posed imminent threats to public safety and private property such as slope erosion and sinkholes; and WHEREAS, due to the advanced age of the CMP and the increased rate of deterioration, staff recommended that rehabilitation of this entire storm drain system be performed immediately, on an emergency basis, to preserve the health safety and welfare of the general public as well as to public and private property; and WHEREAS, in accordance with City Charter Section 1009 and based upon the urgent necessity for the preservation of life, health and property, City staff solicited three informal bids and contracted the services of the low bidder, TC Construction Company, Inc., to repair the storm drain facilities; and 2014-05-06 Agenda Packet Page 295 Resolution No. 2012-184 Page No. 2 WHEREAS, Public Works-Engineering staff estimated cost of this emergency repair work to be $350,000, including construction and City staff costs. This amount is $100,000 more than the approved DR191 budget of$250,000; and WHEREAS, the additional $100,000 was utilitized from the DR180 project, which was established in the Fiscal Year 2009/2010 CIP budget for emergency replacement of failed storm drains, primarily CMP failures, throughout the City; and WHEREAS, the repair was completed on April 03, 2012. An Informational Item was submitted on December 30, 2011, with the plan to report back to City Council after the full cost of the project was identified; and WHEREAS, the project has been completed and the full cost of the repair identified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2011/2012 CIP Budget; accept the final report of expenditures for the "Emergency Storm Drain Repairs at 'I' Street and Claire Avenue (DR191)'; reduce the DR180 CIP Budget by $100,000 and appropriate the equivalent amount to DR191; make a finding that an emergency existed; and ratify the Contract with TC Construction Company, Inc for said emergency repair work. Presented by Approved as to form by Richard A. Ho ns en R. Go gins Director of P lic Works Ci y 2014-05-06 Agenda Packet Page 296 Resolution No. 2012-184 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of September 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None 0 OAS Cheryl Cox, Mayo ATTEST: i Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-184 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of September 2012. Executed this 25th day of September 2012. Donna R. Norris, CMC, City Clerk 2014-05-06 Agenda Packet Page 297 RESOLUTION NO. 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAL, acting as the Regional Transportation Commission ("Commission"), shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2014 the City Of Chula Vista ("City") was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2015 through 2019; and WHEREAS, staff recommends adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) as shown on the attached table (Exhibit A); and WHEREAS, Section 5(A) of the TransNet Ordinance ("Section 5A") requires each local agency to hold a public hearing on the proposed list of projects prior to submitting the project list to the Commission for approval; and WHEREAS, the City published notice that it would hold a public hearing to consider the approval of the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Program ("Notice"); and 2014-05-06 Agenda Packet Page 298 Resolution No. Page 2 WHEREAS, on the time, date, and at the location identified in the notice, namely May 6`h, 2014 at 2:00 pm in the City Council Chambers, and in accordance with Section 5(A) and Rule 7 of SANDAG Board Policy No. 31, the City Of Chula Vista held a public hearing. An agenda item on the City Council Agenda clearly identified the purpose of the hearing and the proposed list of projects; and WHEREAS, prior to approval of the Amendment, City Council considered all of the evidence presented in written and oral form. NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City Of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAL. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. 2014-05-06 Agenda Packet Page 299 Resolution No. Page 3 BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAL, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransNet funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopts the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 as shown on Exhibit A for inclusion in the RTIP. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney Exhibit A 2014-05-06 Agenda Packet Page 300 0 M U U fE p O O O O O O O O O O O O O O O O 0 0 O O O O O O O O O O O O O O O O O 6s p O O O O O ' O O O O O O O O O O O nj to O O to O 00 N v') O O v') O O O O O N r r O O N O LO CO l— O kn l— kn 00 l— kn 1n r Lf'! 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Z N N � J C C � N N s, '� ,� O O 0 N 06 O p CZ C3 N m + — O LL O -_ i a) p v bb bb V� N N ec 0 cn 0 bb w > o Lo m M z 6,°- Q o 0 o a o b~n 0 d z z E o N °� = H y m o 00 m m o x o U E Q a � Q O w Q W U H Cn — Z Z H fn (� E- E- v� U a' of c on 0 Ln 0 0 N City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0207, Item#: 8. CONSIDERATION OF AMENDMENT TO CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE, INCLUDING SETTING THE FEE AT $40 FOR FISCAL YEAR 2014/2015 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE, ESTABLISHING A FEE TO RECOVER STAFF COSTS RELATED TO PROCESSING APPLICATIONS FOR PARK CLOSURE OR DISCONTINUANCE UNDER CHAPTER 9.40 OF THE CHULA VISTA MUNICIPAL CODE RECOMMENDED ACTION Council conduct the public hearing and adopt the resolutions. SUMMARY Effective August 18, 2011 , the City, under Municipal Code Section 9.50.030, established an Administrative Fee to be assessed upon all eligible mobilehome residents receiving benefits and services under Chula Vista Municipal Code 9.50 ("Chapter 9.50") - Mobilehome Park Space Rent Review. In addition, Chula Vista Municipal Code 9.40 ("Chapter 9.40") - Housing Assistance, requires at such time a mobilehome or trailer park proposes to close, an application must be filed with the City. At this time, staff is bringing forward amendments to Chapter 18 of the Master Fee Schedule, to include setting the annual administrative fee at $40 for Fiscal-Year 2015 ("FY 15") and establishing a fee for the review of any application for park closure. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, amendments to the Master Fee Schedule pertaining to fees associated with City administrative costs for administering programs associated with City's Mobilehome Program, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378(b) (4) of the State CEQA Guidelines (creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project), because the proposal consists of amendments to the City's Master Fee Schedule and does not pertain to a site specific project and will not result in a direct or indirect physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no further environmental review is necessary at this time. BOARD/COMMISSION RECOMMENDATION City of Chula Vista Page 1 of 4 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 302 File#: 14-0207, Item#: 8. Not Applicable. DISCUSSION Chapter 9.50 - Mobilehome Park Space Rent Review (Rent Control Services) On July 19, 2011, City Council approved an amendment to Chapter 9.50 which established an Administrative Fee to provide funding for implementation of the ordinance (which provides unique benefits and services solely to eligible mobilehome residents). As part of the annual Administrative Fee update process, staff is reporting out on prior year revenues and expenditures to establish the amount necessary to recover the costs of administering Chapter 9.50. This report provides an update on revenues and expenditures for July 1 , 2013 - June 30, 2014 and recommends the fee for FY 15. Fiscal Year 2014 (FY14) Revenues and Expenditures Anticipated revenues for FY 14 were expected to be $130,000 based on 2,166 residents paying the fee at $60. Actual payments were received from 1 ,907 eligible spaces for total revenues of $114,426. A fiscal analysis of revenues and expenditures is provided in Table 1 with a description of the activities following. Table 1 FY 2014 BUDGET SUMMARY Anticipated Actual Revenues: Collected Revenue $130,000 $114,426 Fund Balance from Prior Year $29,634 TOTAL REVENUES $144,060 Expenditures: Staff Charges $102,000 $50,000 Experts $25,000 - Postage $1,000 $700 Office Supplies $500 $500 Printing & Binding $1,500 $600 TOTAL EXPENDITURES $51,800 Surplus/Deficit 1$92,260 Staff Charges Administration of Chapter 9.50 resulted in staff charges of $50,000 for FY 14. Staff provided the following services during FY 14: • Ombudsman Activities (Office Visits & Mobilehome Information Line) - Staff responded bilingually to all inquiries related to Chapter 9.50. • Resident Invoicing - A July 1 st billing and/or ineligible notice was sent to all mobilehome/trailer residents and an August 1St reminder notice was sent to all residents with a balance due. • Fee Collection - Collection and processing of fee payments received. City of Chula Vista Page 2 of 4 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 303 File#: 14-0207, Item#: 8. • Database Maintenance - Maintained the database with current resident information. • Mobilehome Rent Review Commission ("MHRRC') Educational Meetings - Provided general ombudsman related activities to residents and held informational meetings with the MHRRC. • Annual Permissive Rent Calculations - Twice a year, the Consumer Price Index (CPI) is released and notification was sent to all park owners and managers of the annual permissive rate as calculated under Section 9.50.050. • Request for Qualifications ("RFQ') - Completed a RFQ process which placed a rate of return expert and Member of the Appraisal Institute ("MAI")appraiser under on-call contract with the City. Experts During FY 14 no rent review hearings or hiring of experts was necessary. These funds would be available to appropriate in FY 15 for hiring of experts if a second rent review case was required. Staff costs related to administering hearings were also not fully realized due to the lack of hearings. Administrative Costs (Postage, Office Supplies and Printing) During FY 14, expenses included envelopes, postage, printing of bills and CPI notices, and publication of this hearing notice. Fiscal Year 2015 (FY15) Budget and Administrative Fee Staff recommends the fee be reduced from $60 dollars to $40 dollars for FY 15 due to the current fund balance and anticipating a slight increase in the number of residents paying the fee during FY 15. The slight increase is anticipated because there is a greater understanding by the residents about the protections provided under Chapter 9.50. Table 2 provides a summary of the FY 15 budget which includes a contingency of $25,000 for expert time related to one additional case if needed and $27,260 for other miscellaneous contingencies. Table 2 FY 2015 BUDGET SUMMARY Budget Revenues: voiloble Fund Balance os of 711114 $92,260 Anticipated Revenues (2,000 @ $40) $80,000 Expenditures: Staff Charges $92,000 Experts $25,000 Postage $1,000 Office Supplies $500 Printing & Binding $1,500 TOTAL ANTICIPATED EXPENDITURES $120,000 nticipoted Fund Balance os of 6130115 $52,260 Contingency for Experts $25,000 Anticipated Surplus/Deficit $27,260 City of Chula Vista Page 3 of 4 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 304 File#: 14-0207, Item#: 8. Chapter 9.40 - Housing Assistance (Park Closure or Discontinuance) State laws govern the closure procedure for mobilehome and trailer parks upon conversion, closure, or cessation of use and allow local implementing agencies to either implement this law on a case by case basis or codify supplement requirements. In 1989, the City of Chula Vista adopted Chapter 9.40 to implement state law and provide additional requirements, including the requirement that an application be submitted to the City for review and approval of a Relocation Plan. While no applications have been submitted or are anticipated in the near term, staff does not have a mechanism to recover costs related to the processing of such an application. Staff recommends that an application fee be established requiring an initial deposit of$5,000, based on the estimated cost of staff services required to review and process a park closure. Additional funds may be requested, based on the complexity of the project and actual staff effort required. Any funds remaining on deposit at the time of the completion or withdrawal of the application will be returned to the depositor, after accounting for expenses incurred to date. DECISION-MAKER CONFLICT City staff has determined that Councilmember Ramirez has property within 500 feet of a mobilehome park. Upon review of the scope of the proposed action, there is no conflict because any material financial effect is not reasonably foreseeable within the meaning of FPPC regulation 18706. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The updates to the Master Fee schedule adhere to the general city policy to ensure private interest activities are not being subsidized by the public at large. The nature of these activities is consistent with the Goals, Strategies and Initiatives in Operational Excellence. Strategy 1 .1: Uphold a commitment to Fiscal Health. Initiative 1 .1.1: Implement Fiscal Recovery and Progress Plan. CURRENT YEAR FISCAL IMPACT The administrative fee established a Mobilehome Park Space Rent Review Administrative Fee fund to reimburse the City staff time and other costs associated with administering Chapter 9.50. It is projected that this fund will have an available fund balance of $92,260 that will be restricted for administration of the ordinance and rent review case related expenses. ONGOING FISCAL IMPACT The proposed FY 15 budget reflects the revenues and expenditures for this program. City of Chula Vista Page 4 of 4 Printed on 5/1/2014 istar 2014-05-06 Agenda Packet powered by Leg age 305 ATTACHMENT MASTER FEE SCHEDULE Chapter 18 - Mobilehomes General Fees db CITY OF City of Chula Vista Development Services CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 MOSILEHOME PARK SPACE REIN REVI EW ADM I N ISTRATIVE FEE An administrative fee is required of all households residing in eligible mobilehome spaces to receive the benefits and services provided in Chapter 9.50 of the Chula Vista Municipal Code, Mobilehome Park Space Rent Review. The administrative fee is assessed annually, with payments due by July 1St. There is a sixty(60) day grace period that commences on the due date, within which payments will be accepted. Annual fee, per mobilehome space...................$40 City of Chula Vista www.chulavistaca.gov 619.585.5600 2014-05-06 Agenda Packet Page 306 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE, INCLUDING SETTING THE FEE AT$40 FOR FISCAL-YEAR 2015 WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to establish rent control; and WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50, "Mobilehome Park Space — Rent Review," as allowed by Mobilehome Residency Law, and amended it to its current state on July 19, 2011; and WHEREAS, these amendments took effect August 18, 2011 and established an administrative fee to provide a limited segment of the public, specifically mobilehome residents, per 9.50.030, the ability to obtain unique services and benefits available only to them under Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and exceeding the annual permissive) which results in reduced rents and related ombudsman services; and WHEREAS, on February 14, 2012 the City adopted "Mobilehome Park Space - Rent Review Administrative Fee Regulations" establishing a process for determining and collecting such fee; and WHEREAS, the proposed fee does not exceed the estimated reasonable cost of providing the associated services and the fund balance of the fee and estimated revenues for Fiscal Year 2015 are sufficient to warrant a decrease in the fee rate for the coming year; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, pursuant to the provisions of Article XII C, the proposed fees are exempt from the vote requirement; and WHEREAS, the proposed amendment to the Master Fee Schedule Chapter 18 (Mobilehomes) shall become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Chapter 18 (Mobilehomes) of the City's Master Fee Schedule as reflected on Exhibit 1 to this Resolution and sets the fee as $40 for Fiscal-Year 2015. Presented by: Approved as to form by: 2014-05-06 Agenda Packet Page 307 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2014-05-06 Agenda Packet Page 308 EXHIBIT 1 MASTER FEE SCHEDULE Chapter 18 - Mobilehomes General Fees db CITY OF City of Chula Vista Development Services CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 tog MOSILEHOME PARK SPACE REIN REVI EW ADM I N ISTRATIVE FEE An administrative fee is required of all households residing in eligible mobilehome spaces to receive the benefits and services provided in Chapter 9.50 of the Chula Vista Municipal Code, Mobilehome Park Space Rent Review. The administrative fee is assessed annually, with payments due by July 1St. There is a sixty(60) day grace period that commences on the due date, within which payments will be accepted. Annual fee, per mobilehome space...................$40 City of Chula Vista www.chulavistaca.gov 619.585.5600 2014-05-06 Agenda Packet Page 309 ATTACHMENT 2 MASTER FEE SCHEDULE Chapter 18 - Mobilehomes General Fees db CITY OF City of Chula Vista Development Services CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 MORILEHOME PARK SPACE REIN REVI EW ADM I N ISTRATIVE FEE An administrative fee is required of all households residing in eligible mobilehome spaces to receive the benefits and services provided in Chapter 9.50 of the Chula Vista Municipal Code, Mobilehome Park Space Rent Review. The administrative fee is assessed annually, with payments due by July 1St. There is a sixty(60) day grace period that commences on the due date, within which payments will be accepted. Annual fee, per mobilehome space...................$40 MORILEHOME PARK CLOSURE OR DISCONTINUANCE APPLICATION FEE Pursuant to Chapter 9.40 of the Chula Vista Municipal Code, Housing Assistance, prior to any Mobilehome Park closure or cessation of use an application must be filed with the City. Application fee.............................. Full cost recovery Initial deposit............................................... $5,000 FULL COST RECOVERY For all full cost recovery fee items, an initial deposit shall be collected to cover the City's full cost, including overhead, incurred in conjunction with review and processing as requested by applicant. Additional funds may be collected, as required, to cover City costs. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the City's actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. City of Chula Vista www.chulavistaca.gov 619.585.5600 2014-05-06 Agenda Packet Page 310 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE, ESTABLISHING A FEE TO RECOVER STAFF COSTS RELATED TO PROCESSING APPLICATIONS FOR PARK CLOSURE OR DISCONTINUANCE UNDER CHAPTER 9.40 OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, California State Law governs the closure procedures for mobilehome and trailer parks upon conversion, closure, or cessation of use and allows local jurisdictions to implement or codify supplement requirements; and WHEREAS, in 1989, the City adopted Chula Vista Municipal Code Chapter 9.40, "Housing Assistance," as allowed by State Law, to implement and provide supplemental requirements, including the requirement that an application be submitted to the City for review and processing; and WHEREAS, currently the City does not have a mechanism to recoup costs associated with the processing of such application; and WHEREAS, Government Code Section 65863.7 permits imposition of processing fees, pursuant to the provisions of section 66016, to which the City has complied with the noticing and meeting requirements; and WHEREAS, exception (2) of Prop 26 would apply because such fee would be charged to the one requesting the closure and would not exceed the City's cost; and WHEREAS, the proposed amendment to the Master Fee Schedule Chapter 18 (Mobilehomes) shall become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Chapter 18 (Mobilehomes) of the City's Master Fee Schedule as reflected on Exhibit 1 to this Resolution to establish a fee to recover staff costs related to processing of applications for park closure or discontinuance under Chapter 9.40 of the Chula Vista Municipal Code. Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-05-06 Agenda Packet Page 311 EXHIBIT 1 MASTER FEE SCHEDULE Chapter 18 - Mobilehomes General Fees db CITY OF City of Chula Vista Development Services CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 tog MORILEHOME PARK SPACE REIN REVI EW ADM I N ISTRATIVE FEE An administrative fee is required of all households residing in eligible mobilehome spaces to receive the benefits and services provided in Chapter 9.50 of the Chula Vista Municipal Code, Mobilehome Park Space Rent Review. The administrative fee is assessed annually, with payments due by July 1St. There is a sixty(60) day grace period that commences on the due date, within which payments will be accepted. Annual fee, per mobilehome space...................$40 MORILEHOME PARK CLOSURE OR DISCONTINUANCE APPLICATION FEE Pursuant to Chapter 9.40 of the Chula Vista Municipal Code, Housing Assistance, prior to any Mobilehome Park closure or cessation of use an application must be filed with the City. Application fee.............................. Full cost recovery Initial deposit............................................... $5,000 FULL COST RECOVERY For all full cost recovery fee items, an initial deposit shall be collected to cover the City's full cost, including overhead, incurred in conjunction with review and processing as requested by applicant. Additional funds may be collected, as required, to cover City costs. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the City's actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. City of Chula Vista www.chulavistaca.gov 619.585.5600 2014-05-06 Agenda Packet Page 312 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0265, Item#: 9. CITY COUNCIL REQUEST FOR INPUT FROM THE COMMUNITY AT LARGE (INCLUDING CITY EMPLOYEES) REGARDING THE ATTRIBUTES AND SKILLS THEY ARE LOOKING FOR IN THE CITY'S NEXT CITY MANAGER City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Leg age 313 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0263, Item#: 10. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b) Title: City Manager City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Leg age 314 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0243, Item#: 11. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Kelley Bacon, Maria Kachadoorian, Simon Silva, Dave Hanneman, Jim Garcia and Gary Ficacci Employee organization: CVEA, IAFF, POA, Mid-Managers/Prof and WCE City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Leg age 315 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0264, Item#: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Barbara Gonzalez-Nieves v. Manuel Aleiandro Frutos, et al., San Diego Superior Court, Case Number 37-2012-78606-CU-WM-SC City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet powered by Leg age 316 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0267, Item#: 13. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One (1) case vs. California Department of Finance regarding denial of Successor Agency's Health and Safety Code section 34191.5 Long Range Property Plan. City of Chula Vista Page 1 of 1 Printed on 5/1/2014 2014-05-06 Agenda Packet Page 317 , 1 1 � � � �� � � I � e �c�s � days $ for available at participating Albertsons locations or at www.sdfair.com/bestpassever �,���,,. �II����I��IIII��� ca '� �Su+sa.ya � �F w ��� ��` � � m � � #�, �\ ' � � pp� � � � �����e -� PRESENTEDBY 7 � 1¢� ' lil�l" ��1�`T �ll�1�11 inthehox' more than $1,000 is savings! buy early online and save 20% at www.sdfair.com/passport �ubl i c Cowime-n tS (,�ri-�F�n Cow�vnun►C�c-�ions �c ' . RELAY FOR LIFE OF CHULA VISTA . RELAY Ira Patron, Event Chair FOR LIFE 945 Raedel Dr. San Diego, CA 92154 (619)917-7715 The Honorable Mayor Cheryl Cox City of Chula Vista 276 4�'Avenue Chula Vista, CA 91910 May 6, 2014 Dear Mayor Cox: The Relay for Life of Chula �sta is an event with a long history in the city of Chula Vista. As a volunteer for the American Cancer Society, I work with a team of volunteers to help educate our community about the impact of cancer in our lives, help to raise money for research, suppoR, and education, and provide a rallying point to honor cancer survivors and remember those we have lost. The Relay for Life is a 24 hour event, symbolizing the fact that cancer never sleeps. For several years we have gathered on the.football field at Chula Vista High School to bring our community together. We form teams: teams of families, friends, coworkers, or community groups, who take turns walking the track, with the goal of having a member on the track for the entire 24 hours. This year our event takes place on the football field at Chula Vista High School. It will be on June 21, 2014 starting at 10 AM. We would like to request the honor of your presence to say a few words of welcome to our participants. We then invite you to join in our first participant lap. (This is immediately after the kickoff Iap for our cancer survivors.) Our audience is primarily cancer survivors and the family, friends, and community of those impacted by cancer. To confirm your attendance or for further details please contact me at 619-917-771� or via email at rflcv-eventchair@yahoo.com Thank you for your consideration Yours sincerely, �� Ira Patron, Event Chair Relay for Life of Chula Vista ���� LL1MA1 � LEADERSHIP AWARD S � � r r � � �� / �' ' / .� , � . -� , " � - '� � � � �_� � .z ��.. _-� , :. o =-_ � \ ":�� �� Y� � ,�;. k. � - . �•� i _. � . T , � . .�=i_,r , ^ ' �-' � : commute with � r �� � ' edal ower � � -j3 � , P p �, '` ` « ! ' � , i �� ' y ,', a, � � �, r � �� - �,� ��: ,'a,i , — �_ �.�,u � ; } '17; � '�'� � � a� i t � '1,� � � � �u'f — '��'� �4 �4��� . ,� \ ' ����. : y �,, � y� ( �._ ,,, s/ �\ � � . {� �,:;. \ ��� v,��li R ��!�� � , � ,� �° � �S ' - � I �<�T�OwOO �. � t� � �. 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