HomeMy WebLinkAboutReso 1962-2952AGREEMENT BETWEEN THE STATE OF
CALIFORNIA AND CHULA VISTA
EXHIBIT "A"
RESOLUTION NO. 2952
RESOLUTION AUTHORIZING ,EXECUTION OF A CONTRACT BETWEEN - •
THE STATE OF CALIFORNIA AND THE CITY OF CHULA VISTA
PURSUANT TO CHAPTER 16111, STATUTES OF 1959 •�., .
WHEREAS, the City of Clowla LL+ . a` hT. has previously requested- the State•
Department of Finance to provide plannint assistance to it under authority of.
Chapter 1641, Statutes of 1959 in conjunction with Section 701 of the Housing Act
of 1954 as amended; and ,
• WHEREAS,;the State has accordingly prepared a proposed agreement between the "
-4ty, and St te-er}t4led "Agreement Between the State of 'California and the City of _
u�A. VIST&,Cold: relating to Urban Planning Assistance",• further identified
as LPO-P/ .
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NOW, THEREFORE; BE IT RESOLVED as fol3.cws: •
1, That Keith W. Menzel, Mayor and Kenneth P. Cam.bell Cit ' Clerk '
is hereby author zed anUdic rec ,ems o execu e e = oresai• agreemen e a e
on behalf of the City, and the City agrees to be bound by the terms thereof. .
2. That ' GD2o0N CPRA4T P;•NOAA3C6 O c PLC 6,Z
are authorized and directed to issue a check 'in the amount of (o C4 (p irO O
and to deposit said sum of money with the State of California to be administered
in accordance with the terms of such agreement. . -
3. Passed by the City Council of the City' of Chula Vista
this- 3h day of sintnhPr 9 1962
AYES: McAllister, Menzel, DeGraaf, McMains •
NOES: None '
ABSENT: 'Councilman Smith
11/ •
EFFECTIVE October.30, '1962 _ . , `! '-� �-�/
T/Pyv /
ATTEST: .
7,, . .
CITYC i.
I certify that' the 'foregoing is a correct =copy of a Resolution adopted by the City
Council of the City of ' uIa yis the 30th day of
Oc tober , . s�f
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f' LPO-P/75-CS-1
CHULA VISTA
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AGREEMENT BETWEEN THE STATE OF CAT,TFORNIA
AND
THE CITY OF CHULA VISTA RELATING TO
URBAN PLANNING ASSISTANCE
THIS AGREEMENT made and entered into this 7th day of November
19 62 , by and between the CITY OF CHULA VISTA , hereinafter referred to
as the 'tCitytt, and the STATE OF CALIFORNIA, acting by and through the STATE
DEPARTMENT OF FINANCE, hereinafter referred to as the "State".
W I T N E S S E T H:
WHEREAS, the State desires to assist the City, in accordance with
Chapter 1641, Statutes of 1959, in undertaking an Urban Planning Assistance
Project, which is to be partially financed by the Federal Government under
Section 701 of the Housing Act of 1954, (P.L. 560, 83rd Congress) as amended,
and
WHEREAS, the City desires to participate in said project, and to
receive the benefits accruing under the aforesaid Federal law,
NOW THEREFORE, the parties hereto do agree as follows:
1. That the following definitions shall apply to the following terms
as used in this agreement, except where the context necessarily requires
otherwise: -
(a) The "project" means the planning project (or any portion
thereof) described in Exhibit ?IAn attached to this agreement and
made a part hereof, that is approved by the Government and incor-
porated into the "contract" as defined in the following subsection.
(b) The "contract" means a written agreement between the State
and Government, and any amendments thereto, relating to a Federal
grant for the project pursuant to Section 701.
COtPL -
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(c) The "budget" means the budget approved by the Federal Govern-
ment with respect to the contract, and any revision or modification of
such budget approved, authorized, or permitted by the Government.
(d) The "cost" means an amount equal to the sum of all obliga-
tions incurred by the State by virtue of the contract, this agreement,
or by virtue of any contracts between the State and third parties re-
lating to the project, including an amount represented by the maximum
total sum in services for which the City may be credited as prescribed
by Exhibit "B". - _
(e) The "services" means such 'services as are prescribed in
Exhibit "B" to this agreement to be performed as a contribution by the
City toward the project, provided that such services are approved by
the Government in connection with the contract and included in the
budget.
(f) "Section 701" means Section 701 of the Housing Act of 1954,
as amended. 0
(g) "Government" means the.Federal Government.
2. Upon entering into the contract the State shall supervise the project,
and shall carry out either directly or via contractors all thereof except, subject
• to the provisions of paragraph 9. hereof, the services, provided that the State
shall not be compelled to carry out any portion of the project unless the State
has received sufficient funds therefor from the Government or the City, or from
an appropriation by the Legislature.
3. It is agreed that any payments received by the State from the Federal
Government or City for the project shall be expended solely toward the completion
of the project in a manner consistent with the contract and this agreement.
4. All covenants of the State in this instrument, in addition to being
subject to any contingencies stated in connection therewith, are subject to
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compliance by the City with all its obligations and covenants under this agreement.
5. Upon entering into the contract, and subject to the terms thereof,
the State will, from time to time, file with the Government all appropriate docu-
ments and comply with all requirements of the Government necessary to obtain the
grant or grants specified in the contract.
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• 6. The State agrees to request changes in the project, budget, or con-
tract, as may be requested by the City and approved by the State, provided that •
all provisions of this agreement shall be deemed to apply to any such changes
consented to.by the Government. - -
7. The State may, irrespective of whether or not it engages contractors
to perform any of its obligations under this instrument, insofar as it may deem it
practicable under the conditions whereby the same may be permitted by the Govern-
ment, include in the cost official time devoted directly to the project by any of
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its employees.
8. The State may terminate this agreement at any time by notice in
writing to the City, provided that all rights which may exist on behalf of either
party against the other by virtue of any act or transaction related to or arising
out of this agreement and occurring prior to such termination, shall be unaffected
thereby, and provided further that the State shall, upon termination by it of this
agreement, or as soon thereafter as- may be practicable-, file a--claim for reimburse-
ment from the Government for all amounts to which it may be entitled under the
contract upon such termination, and shall account to the- City for any proceeds
received from the Government in the same manner as if such proceeds had been re-
ceived prior to such termination. In the event of such termination, the City,
subject to all other provisions of this agreement, will be given credit for the
actual cost, as hereinafter defined, of all services which in the opinion of the
State have been satisfactorily rendered by it to the time of such termination.
9. The City agrees to pay to the State an amount equal to the cost,
• IPO-P/75-CS-1
CHULA VISTA
CS
less the Federal grant made and actually disbursed under the contract, provided
that for the purposes of the foregoing Federal monies shall be deemed to be
actually- disbursed in accordance with final adjustments of amounts due between
the State and Government under the contract. The City agrees to render all of the
services. As the services are completed, the State will then,nay to the City the
9,554.00
actual cost thereof, not to exceed the sum of t 9 by offsetting such
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amounts .due the City in connection with the performance of such services against
the City's obligation to pay the State as part of the cost th® maximmm total
amount prescribed by "Exhibit B". Such offset shall.be in a manner provided for
by Section VIII 'cf.-the Accounting Procedures relating to Urban Planning Assistance
Grants, as promulgated ip May, 1955 by the Housing and Home.Finance Agency.
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For the purpose of computing the actual cost of the services, employees
of the City performing work on the services shall be deemed to be paid an hourly
rate equal to their total annual salary, 'plus the City's annual contribution to
Social Security, Retirement, and Compensation Insurance, if any, with respect to
. such employee, divided by '2,000, with appropriate adjustments with respect to
. hours worked during. any period. after any subsequent change in annual salary. In
connection with furnishing the services, the City shall not be credited with the
actual cost of any portion thereof exceeding.'the maximum amount prescribed in
"Exhibit B" in connection with snob. portion except to the extent that it has cam-
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pleted any other portion or portions of the services for less than-the maximum
amount prescribed in "Exhibit B" for such portion or portions. It is agreed that
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the City will follow the same procedures for incurring, costs, relative to minimizing .
expense, that the City would follow if it were engaged in a unilateral undertaking.
• It is 'recognized that the State, upon entering' into the contract, has
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an obligation to complete the services if the City does not. The City agrees to
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render the services as expeditiously as possible, commencing on .:or "after
November 7, 9194 62, and complete the same by Mareh. 7 ,19 64 .
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LP?-05-Cs-1 _
CHULA • • • . .
CS (W' i f lams & Mtocine)
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In the event that the City does not render any portion of the services within what
the State deems to be a reasonable time, or complete the same within the time sped.-
Lied, the State shall have the• right to demand that the City pay to the State in cash
that amount which the State deems will be necessary to complete the balance, or any
portion of the balance of the services, and the City shall promptly comply with such
request. In such event, the State shall complete such services in such manner as
it deems advisable, provided that if the amount of cash which the City remits, upon
demand of thesState, for such completion is actually insufficient to defray the cost
to the State of completing such services, the City agrees to promptly forward to the
State, upon the latter's request, any additional amounts which the State deems
necessary to defray such costs, and provided further that if such amount forwarded
to the State upon its demand is greater than needed to complete the services, the
State will promptly return to the City any excess amount not needed for such com-
pletion. •
As a credit against its obligation to pay the cost, the City agrees to
pay the State the cash sum of $ 6,968.00 on or before November 8 r .19 62
In addition to any other obligation assumed under this agreement, the City also
agrees that it will promptly remit to the State upon its request (1) any additional
amounts which the State deems xessary to carry out the project or to reimburse
itself for any portion of the cost which the State has—idvanced and (2) any amount
requested by the State as an advance against funds which the State anticipates it
will receive from the Federal Government under the contract, which advance the
State deems necessary in order to discharge obligations incurred by, it in con-
nection with the projects
10, The City will cooperate with the State or its contractors in con-
nection with any act or transaction to be performed, or which may be performed by
the State, or its contractors, in order to receive any benefit of the contract, or
in order to carry out the project. To this end the City will (1) follow any
a
instructions which the State or its contractors may give in connection with carry-
ing out the project, (whether or not it affects the services) and (2) do (or refrain
from doing) any act, including, but in no wise limited to, the furnishing of reports,
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maps, photographs, documents, data, information or legal opinions which the State
deems necessary to perform or carry out, or to require appropriate observance of
any of the terms and conditions of the contract.
11. In connection with any phase of the project with which it is con-
cerned,, the City agrees to keep such accurate accounts and books relating thereto
and make such changes in the procedures' respecting the same as may be prescribed
from time to time by the State. Such books shall be available for inspection,
audit, or copying, in whole or in part, by the State or its contractors or by the
Federal Government for any- purpose that in the opinion of any of these parties may
• be pertinent to the execution of their'functions under the con_tract.or project. • •
12. The City further agrees that it will support the cost of the services
by properly executed payrolls, invoices, contracts and vouchers evidencing in proper
• detail the nature and propriety of the charges. Such documents shall be clearly
identified, readily accessible to the State and its contractors and to the extent
feasible shall be kept separate and apart from all other 'documents.
13. If pursuant to any- provisions of the contract the Government asserts
any claim which the State deems valid for the recovery of any of the payments made
by it with respect to the project, the City agrees, in addition to any other obliga-
tion it may have under this agreement, to promptly transmit to the State at the
:Latter°s request any funds necessary to satisfy the Government°s claim, to the
extent that the State does not have on hand, or readily-available to it, funds
previously received by it from the Government or from the City on account of the
Project sufficient to discharge the Government's claim. If, however, after the
project is completed, the funds received by the State from the Ge7ernnent with
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respect thereto, when added to the funds received by the State' from the City,
therefor, are greater than necessary to reimburse the State .for any expenses -itr
may have had in connection with the Project, including any •expenses-•contemplated
by Paragraph 7. above, if the State elects to include such expenses-in°the cost,
the State shall promptly remit such excess amount to the City, provided that in
no event shall':the City be entitled to any interest upon any funds paid or ads. •
pranced by the City to the State with respect to the Project.,
140 The City agrees to do, and. insofar :as it is within its power, to •
permit no act which would .cause., or result in, a violation or breach of the con. .
tract by the State, or result in its suspension or termination by the Government.- •
15. The State shall-not be liable to any ,pyoyea or-contractor of the -
' City for performing any portion of the services, save as such liability may be
incurred by express Written agreement between the State and such' employee or con. •
• tractor. The City shall hold the State •haraless frame and at the written request .
of the Attorney General shall defend the State against, all claims (other than . .
those' arising out' of any each written agreement, as •aforesaid) •which may be made
against the State by any employee or contractor of the City performing any portion •
of the services.
16, This Agreement shall not be operative until (1) the amount Mich the
City is to remit to the State on 'or before /41,44eee, I j6 pursuant to • • . •
Paragraph 9, hereof, is received by the State, (2).the contract is entered irate, '
and (3) the.City is notified in writing by the State that this Agreement has •
been approved by the Government and that the consideration' to be paid or furnished
by the City thereunder has been included within the badgeto
. • 17, There shall be no diiscriminati>.,,; by the undersigned or by its con.
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ee tractors against any. employee who is' employed in the work covered'by this agree..
meat, or against any applicant for such employment because of race, religion, color . .
or national origin. This provision shall Suande, but not be limited to, the • .. •
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ment advertising; lay-off or termination; rates of pay or other forms of compensa-
tion; and selection for training, including apprenticeship.
18, The City shall not assign any interest in this contract, and shall
not transfer any interest in the same (whether by assignment or novation), without
• the prior written consent of the State thereto; provided, however, that claims for
money due or to become due the City from the State under this contract may be
assigned to a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished promptly
to the State,
19, No official of the City or State who exercises any functions or
responsibilities in the review or approval of the undertaking or in carrying out
of the project shall participate in any decision relating to this agreement which
affects his personal interest or the interest of any corporation, partnership or
association in which he is, directly or indirectly, interested; nor shall any such
official of the City or State acquire any personal interest, direct or indirect,
in any contract or proposed contract connected with the project,
20, No Member of or Delegate to the Congress of the United States of
America, and no Resident Commissioner, shall be admitted to any share or part
hereof or to any benefit to arise herefrome
21. Identification of Documents. All reports, maps, and other documents
completed as a part of this Contract, other than documents prepared exclusively fob^
internal use within the Planning Agency, shall carry the following notation on the
same page (or, in the case of maps, in the same block) containing the name of the
Planning Agency:
The preparation of this (report, map, document, etc. ) was financed in
part through an urban planning grant from the Housing and Home Finance
Agency, under the provisions of Section 701 of the Housing Act of 1954,
as amended.
CHULA V STA
CS-b (Williams & Mocine)
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22. IT IS MUTUALLY UNDERSTOOD AND AGREED that no alteration or variation
of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and that no oral understandings or agreements not incorporated
herein, and no alterations or variations of the terms hereof unless made in writing_
between the parties hereto shall be binding on any of the parties hereto.
IN WITNESS WHEREOF, the State and the City have executed this Agreement on •
the day and year first above written.
STATE OF CALIFORNIA
Department of Finance
State Office of Planning
CITY OF CHULA.VISTA By 0.S\1%D.
anning Officer
BY 7 ' l jAl /
ATTEST:
c"---7ge4/1
DEPARTMENT Nv.
S 1
OF RI C0V 20 1962
N
HALE CHA 4 o D r c�
Deputy P■rA to-
LP04/75-CS-1
mum lam
man "A"
NATURE AUP IMPOSE tti PLANNING Wait
The aim of the proposed program is to establish comprehensive plans and regu-
lationa which, when cepbined with efficient procedures for carrying them out,
Will effectively proots the orderly future physical development of the City
of Chulallista* Specific Phases of the program. are destribed in the- following
• paragraphs.
I. Data collection and analySiay
sk NAPS
1) Base Maps 1" 0 2000'; 1" 0800'1 1" 0 400/, reproducible.
2) Central Core Area Base Meg - 1" 0 100', reproducible.
3) Civic Centel! Area Base Map - 1" 0 100/, reproducibleh-
b. Surveya and Re-Search.
Conduct an existing Land Use dur4ey to determine bow the land
in the General flan Study Area is currently being need*
2) Au analydis of the role of Chula Vista in the San Diego
Metropolitan areah .
2) A Stud', of composition, cheracteristieb, distribution and
denSity of the present population of ahula, Vistah
4) An etOnumic bade Study, including atatysia of commercial and
induStrial charecteriatica, emPlorlest and economic trends.
!4 A otikv of physical characteristica of developments
6) Analysts of public facilities, including schools, parks,
pisygtoUndsi fire stations, etch
• 7) Study of traffic characteristics, present and future.
8) Review of City/s Tidelande Master Plan4
9) A population an economic forecast by Significant categorieSh
10) A summary report on basic studies, including economic base
analysi6.
2. Sketch Plan for Chula Vista.
Prepare a preliminary draft of the Chula Vista General Plan, referred to
LPO-P/75-CS-1
CHULA VIA
EXHIBIT "A" (continued) .2-
herein as a "Sketch Plan". This document, consisting of a simplified plan
and a brief memorandum, ebould be siwen.wid+ armlet/on it the community
to determine official and public response to the tentettys proposals shown
in the Plan. Work to be done includes the followings
a. Colored walk. map.version of Sketch Pldn,
b. Printed mOmorsnclua report including reproduction of Sketch Plan map.
3. Special Study of powntewn Chula Vista, including Civic Center Area.
Conduct a special study of the downtown area in the preparation of a workable
General Plan. The downtown area is the focus of community life and an im-
portant concentration of physical and economic development and traffic. The
following will be prepared:
a. Analysis of downtown area requirements, using the commercial market
analysis from the research program.
b. Analysis of future .Civic Center needs.
c. Analysis of existing and potential downtown land uaes.
4. Analysis of improvement of physical appearance of downtown area.
e. Preliminary Downtown Area Ilan, including Civic Center area.
4. Special Study of Stereo Drainage facilities.
Conduct a special study of storm drainage facilities needed for Chula Vista.
This study would be general and long-range; the services of a consulting
engineering firm will be utilised and be coordinated by the planning con-
sultants. The study shall inolude the following.:
a. A review of existing storm drainage facilities.
b. Essential features Of future collection and disposal facilities for storm
drainage by general service areas.
c. Preliminary locattdn and sizing of primary collection and disposal
facilities.
5. The General plan for the Chula Vista Area. The future physical development
of the Chula Vista area will be the subject of the General Plan. It will
establish the basis over-all pattern for private land uses and public im-
provements. It will be advisory and not mandatory; but its policies for
future land use, Population density, circulation and public facilities are
intended to be put into effect by toning and subdivision ordinances and a
capital improvement program. The printed General plan Report will contain
the following:
EXHIBIT "A" (continued) ,S. LPo-P/75-CS-x
CHULA vzsTA
e. Summary of research,, and population and economic projections.
b. General Plan Map and description of General Plan, including:
I) Future land use pattern.
2) Future,papuIation dsnsitiee.
F*40r0 iogation4 O ,.public. facLlitiea, including schools, parks
and pla rgrounds, fire stations, etc. •
4) Any Medifications proposed in Tidelands area.
5) Future traffic dirculet ion pattern.
c. s for or carrying out Genera, Plan, including recommendations fort
1) zoning and aubdi,viaion ordinance revisions.
2) Urban renewal recommendations ,... appropriateaees of urban renewal
for Chula Ff sta.
3) Annexation Program.
4) Capital Impta program.
5) Future planning program needed.
4. Citizens' Advisory Committee Report (Appenriim),
6. Publication of Special Studies. Publication oi: special studies separately
from and subsequent to publication of the General Plan allows these more
detailed "development plans" and orditanees to be given proper attention
by the community after the review of the General Plan has been completed.
a. Special study of Central Chubs Pieta and Civic Center.
b. Special study of Storm drainage facilities.
c, Complete draft of new Subdivision ordinance.
7. Methods to be used in the eollecti.on of data:
a. Field surveys.
b. Conferences and interviews.
c. Review of published data sources.
d. Quee tionna rea, as needed.
84 Sources .of information:
a. Original surveys.
Too-pin-m-1
CHULA VISTA
EXHIBIT "A" (continued) -4-
b,. Census data.
a: Reports, maps, surveys by State, County and other local agencies.
9. Nape and reports to be prepared:. .
a, MA pa.
1) Base Maps w 1" 10 2000', 1" * 8119`, 1" s - reproducible:
2) Existing 1 d Uss Map in color .. 1" = 800' not reproducible
3) Central Cow Area Base Map - 1" * 1O0' - reproducible
4) Civic Center Area Base Map • 1" A 100' w reproducible
5) Sketch flan Map Lu color 1" * 800' not reproducible
6) Sketch Plan Map - 84" u 11" • reproducible
7) General Plan Map * 1" = 800' • reproducible
8) General Plan Map • 17" 1S 24" 0 reproducible
9) Downtown Area Plan in color - 1" * 100': * not reproducible
10) Downtown Area Plan ,. 11" s 15" '• reproducible
ii) Civic Center Plan in color • 1" = W. .. not reproducible
1,2) Civic Center Plan - 11" x 15" - reproducible
13) Other miscellaneous maps and sketches, as necessary to complete program.
b. Reports.
1) Sketch Plan-memorandum report = 500 copies '- multi11th
2) Memorandum report on research - 500 copies - utultilith
3) General Plan Report 50O copies lithographed and illustrated
4) Downtown Area and Civic Canter Report • 300 copies lithographed
and illustrated.
5) Complete draft of new Subdivision Ordinance 100 copies - ditto
6) Special Study of storm drainage facilities = 5a copies - multilith
7) Other mi 3celleneous reports and memoranda an necessary to complete
program.
10-?/7g�".,$-1
CHU.A VISTA
=BIT "A"
NATO AHOCSCOPH Or 'SEHViCHS TO SS pB BY .
C//f OP CHULA VISTA ,
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I. In connection with Item f. ne set forth in ahfbit "A", the City 'of
Chula Vista, herein-alter referred to as the.Oity. .under the, supervision
of Sydney Ville,� hereinafter referred to as the Consultant, 'ab41
prepare and, furnieh to the Consultant, the following' .
a. . Base maps (reproducible) of the planning area at the following
scales:
1) 1" 2000*
2) 1" n
3) 1" , 400'
b. Base paps (reproducible) of the Civic Center area and the Central
Core area (showing structure), at a acale of l" = 1001 :
c. Planning area existing land use inventory .
d. Neighborhood public facilities research, (schools,. playgrounds, etc,)
e. Detailed downtown land use and retail sales area data
f., gamey and projection of municipal floor space needs
g. Surveys for storm drainage study
2. In connection with .bit `A", the City Shall review with the Consultant
all graphic and written material in draft form.
The maximum amounts for which the City may be credited for the performance of
the above Services, subject to provisions, however, of Paragraph 9•. , are as
follows:
Item 1.
a. $2,000.00 O. $ S00.00
b. 850,00 . f.. . 5550..
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c. ' 1,200.00 g. 1,000.00
d. 950.00 • •
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Item 2. 2,200.00
Total maziMMM creditable #9,550.00
Lro-P/75-CS 4
. CBS VISTA .
BICHM/T "B's (continued)
For the purpose of furniShing corroboration of the Completion of the services
specified .above to the Federal: government; the City shall futuish the State
with three copies ,of all doCUutents (which may at its option consist .of photo-
graphs thereof reduced in size to at 2eaet,8" * 3.0") completed by it with ..
respect to each item of the Services to be performed by it specified .aYove.
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