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2016/05/10 Agenda Packet
I dalare under penslry of pery'ury that 1 am employed by[he Ciry oF Chula Visu in the o�ce of the Ciry Clerk and that[posted the documrnt acording w Brown Act requiranenu. Dued: �� S I6 Siaaed: � � Q-RAA VISTA � t°�������(/ � Mary Casillas Salas. Mayor PaVicia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey John McCann, Councilmember ponna R. Norris, City Clerk Steve Mlesen, Councilmember Tuesday, May 10, 2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 1 2 2 PRESENTATION OF A PROCLAMATION TO RESERVE SERGEANT BURDELLA THOMAS ON 31 YEARS OF SERVICE TO THE CITY OF CHULA VISTA B. 1 241 PRESENTATION OF A PROCLAMATION TO POLICE AGENT SARAH SHARPE PROCLAIMING SUNDAY, MAY 15, 2016 AS NATIONAL PEACE OFFICERS MEMORIAL DAY IN THE CITY OF CHULA VISTA C. 16-0244 PRESENTATION OF A PROCLAMATION TO FIRE CAPTAIN MIKE FILSON, AND AQUATIC SUPERVISORS ERIC BONNEY, ARIELL FOLKS, AND KARINA CRAIG PROCLAIMING MAY 2016 AS DROWNING PREVENTION MONTH IN THE CITY OF CHULA VISTA C/ty o/Clrub Ysb Page 1 Pnrrted on S�S:?O/8 I !" #&.0 '+,-./(@(!";< "4<;6 MO GIJKGIG)9>&><?,?@A<!AB!,!)9A"C, ,?@A<!?A!>9@O,!&,,9@! 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((&"7*8#!1#!,*-!1*75&*'-)#)*8 (*) "5* " !"$ )# !<* =8*2 *5-;&*-!2*: &)7# !)*-' 7*75&*%-9*-99( ;-$*8#!1#!,)* (*!&&1*-11#7# !-$*#!8 (%-7# !*-' 7*75&* %-9* (*2 (*-99&-$*(#,57).*9$&-)&*8&&$*8(&&*7 *" !7-"7*4 %*+1$&(*-7*BPMKC*JOKRIJ_a< #$%&!'(!#)*+ !,$-% !"4! .$/% 0!'/!121234"5 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 10 City of Chula Vista Staff Report File#:16-0202, Item#: A. PRESENTATIONOFAPROCLAMATIONTORESERVESERGEANTBURDELLATHOMASON31 YEARS OF SERVICE TO THE CITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 11 City of Chula Vista Staff Report File#:16-0241, Item#: B. PRESENTATIONOFAPROCLAMATIONTOPOLICEAGENTSARAHSHARPEPROCLAIMING SUNDAY,MAY15,2016ASNATIONALPEACEOFFICERSMEMORIALDAYINTHECITYOF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 12 City of Chula Vista Staff Report File#:16-0244, Item#: C. PRESENTATIONOFAPROCLAMATIONTOFIRECAPTAINMIKEFILSON,ANDAQUATIC SUPERVISORSERICBONNEY,ARIELLFOLKS,ANDKARINACRAIGPROCLAIMINGMAY2016 AS DROWNING PREVENTION MONTH IN THE CITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 13 City of Chula Vista Staff Report File#:16-0161, Item#: D. PRESENTATIONOFAPROCLAMATIONTOERIKASAARIFROMiCOMMUTEANDPRINCIPAL CIVILENGINEERFRANKRIVERAPROCLAIMINGMAY2016ASNATIONALBIKEMONTHIN THE CITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 14 City of Chula Vista Staff Report File#:16-0246, Item#: E. PRESENTATIONOFAPROCLAMATIONTOCOMMISSIONONAGINGCHAIRJEANNINENASH, NORMANPARKSENIORCENTERCLUBPRESIDENTJANEGERBERANDSENIOR RECREATIONMANAGERWENDIGARRISONPROCLAMINGTUESDAY,MAY10,2016AS OLDER AMERICANS MONTH IN THE CITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 15 City of Chula Vista Staff Report File#:16-0242, Item#: F. PRESENTATIONOFAPROCLAMATIONTOMARINEGROUPBOATWORKSVICEPRESIDENT TODDROBERTSPROCLAIMINGTUESDAY,MAY10,2016ASMARINEGROUPBOATWORKS DAY IN CHULA VISTA City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 16 City of Chula Vista Staff Report File#:16-0154, Item#: G. PRESENTATIONBYMARKETINGANDCOMMUNICATIONSMANAGER,ANNESTEINBERGER OFTHE2016SANDIEGOCOUNTYFAIRSTREETLIGHTBANNERPROGRAMWITHINTHECITY OF CHULA VISTA City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 17 City of Chula Vista Staff Report File#:16-0249, Item#: 1. 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'$'! *+ ',! -#'. 334!119 MQBLHE&DEN ' ?6J> 9:9< ',! :!!'#() 2$1 $3V*/4(!3 '* $ 4!"! '#*(9 DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD E%''2(EF(-"*%# G,()..".1+ 1( "12( #%'H #$%&!'(!#)*+ !,$-% !" ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 30 City of Chula Vista Staff Report File#:16-0230, Item#: 2. WRITTEN COMMUNICATIONS Letter of resignation from Sonja Garrett, International Friendship Commission RECOMMENDED ACTION Council accept the resignation. City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 31 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 32 City of Chula Vista Staff Report File#:16-0234, Item#: 3. ORDINANCEOFTHECITYOFCHULAVISTAADDINGSECTION2.25.055OFTHECHULA VISTAMUNICIPALCODERELATINGTOTHEREAPPOINTMENTPROCESSFORBOARDSAND COMMISSIONS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Theproposedordinanceprovidesforthereappointmentprocessesforboardsandcommissionsin accordancewithCouncildirectionatthemeetingofApril12,2016.Membersofthecommissionsthat areinterviewedandappointedbytheCouncilwhoareeligibleandinterestedinbeingreappointed andwhohaveservedmorethanoneyearwillbeinterviewedbytheCouncilpriortoreappointment. Whenanincumbentisnotreappointed,theseatwillbefilledusingtheapplicableappointment process. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION AttheCouncilmeetingofApril12,2016,inresponsetoaCouncilreferral,staffpresentedoptionsfor possiblereappointmentprocessesformemberswhoareinterviewedandappointedbythefull Council.ThefourCitycommissionsthatarenominated,interviewed,andappointedbythefull Council are: Growth Management Oversight Commission - Parks & Recreation Commission - Planning Commission - City of Chula VistaPage 1 of 2Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 33 File#:16-0234, Item#: 3. Two seats on the Civil Service Commission - TherewasconsensusoftheCounciltorequiremembersofthesecommissionswhohaveservedfor morethanoneyeartobeinterviewedbytheCouncilpriortoreappointment.Thosememberswho haveservedlessthanoneyearwillbepresentedtoCouncilforapprovalusingthecurrentprocess. AllreappointmentsrequirethreeaffirmativevotesoftheCouncil.Whenanincumbentisnot reappointed, the seat will then be filled using the established appointment procedure. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Supportforboards andcommissions,includingexecutingreappointmentprocesses,isdirectlyrelatedtotheConnected Communitygoal.MembersoftheCity’sboardsandcommissionsplayavitalrolebyparticipatingin the City’s processes and helping influence public policy with their diverse viewpoints. CURRENT YEAR FISCAL IMPACT Thecurrentfiscalyearimpactisanticipatedtoconsistofstafftimetocoordinatereappointmentsand scheduleoneormorespecialCityCouncilmeetings.Staffdoesnotanticipatethatadditionalfunds will be required. ONGOING FISCAL IMPACT Theongoingfiscalyearimpactisanticipatedtoconsistofstafftocoordinatereappointmentsand scheduleoneormorespecialCityCouncilmeetings.Staffdoesnotanticipatethatadditionalfunds will be required. ATTACHMENTS None. Staff Contact: Kerry Bigelow City of Chula VistaPage 2 of 2Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 34 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 2.25.055 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE REAPPOINTMENT PROCESS FOR BOARDS AND COMMISSIONS WHEREAS,the rules and regulations governing boards and commissions contained in the Municipal Code do not currently address reappointment processes; and WHEREAS, there are four City commissions for which the full City Council nominates, interviews and appoints members: Growth Management Oversight Commission, Planning Commission, Parks and Recreation Commission and two seats on the Civil Service Commission; and WHEREAS, at its meeting of April 12, 2016, there was consensus of the Council to require interviews for those Council-nominated/appointed members whose terms wereexpiring, whohad served over one year,and were eligible and interested in serving another term. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 2.25.055 is hereby added to the Chula Vista Municipal Code to read as follows: 2.25.055Membership –Reappointment process A. In the year of the expiration of amember’sterm, unless otherwise requested by thenominating authority for the particular board or commission seat, the City Clerk shall schedule the reappointments for eligible and interested members at a meeting of the City Council in June, or as soon as practicable thereafter, for all boardsand commissions, except members of the following commissions who will have served more than one year as of the date of their term expiration: Growth Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two members of the Civil Service Commission who are appointed by the City Council directly. B. Prior to reappointment, the Mayor and City Council shall interview interested and eligible membersof the following commissions who will have served more than one year as of the date of their term expiration: Growth Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two members of the Civil Service Commission who are appointed by the City Council directly. Following the interviews, the Mayor and City Council shall vote whether or not to reappoint the incumbents. C. In addition to the attendance reports provided under Section 2.25.120, the City Clerk shall provide the Mayor and City Councilmembers a report on members’ compliance with mandatory training required bySection 2.25.160 for consideration during the reappointment process. C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@B8054278\\@BCL@B8054278.docx ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 35 Ordinance Page 2 D. Regardless of the applicable reappointment process, each memberof a board orcommission shall be reappointed by at least three affirmative votes of the City Council.When an incumbent is not reappointed, the seat shall be filled using the applicable appointment process. Section II.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for anyreason 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 Vistaintends this Ordinance to supplement, not to duplicateor 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. Presented byApproved as to form by _________________________________________________________________________ Donna R. Norris, CMCGlen R. Googins City ClerkCity Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 36 City of Chula Vista Staff Report File#:16-0098, Item#: 4. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGASECOND AMENDMENT TO THE AGREEMENT REGARDING CONSTRUCTION OF PARKS IN MILLENIA RECOMMENDED ACTION Council adopt the resolution. SUMMARY The2009CityCouncilapprovaloftheEasternUrbanCenterproject(nowcalledMillenia)includedan AgreementfortheMasterDevelopertoconstructparks(“ParksAgreement”).RecordedonOctober 28,2009,theParksAgreementaddressesthedesignoftheMilleniaparks,assumingfunding generatedbythemaximumnumberofresidentialunitswhichcouldbeconstructedinMillenia(i.e., 2,983multi-familyresidentialunits)butdoesnotincludeanyprovisionsintheeventualitythatfewer than the maximum number of units is constructed (e.g., 2,550 units). In2015,theCityCouncilapprovedthefirstamendmenttotheParksAgreementtoprovideflexibility for payment of in-lieu fees for affordable housing projects in Millenia (Resolution No. 2015-089). TheMasterDeveloper,SLFIV-Millenia,LLC.,hasrequestedasecondamendmenttotheParks Agreementwhichwouldincludeprovisionsforhowtheparkprogramfundingwouldbeadjustedif fewerthan2,983multi-familyresidentialunitsareconstructedintheproject,whileatthesametime maintainingthesamenumberofparkacresandlevelofamenitiesreflectedinthecurrentMillenia parksprogram.TheproposedamendmentalsoincludesprovisionstooffsetStateprevailingwage obligations that were not anticipated in the original agreement. Lastly,theamendmentremovestherequirementtoenterintoathree-partyagreementforthedesign ofeachparkinMilleniawhilemaintainingtherequirementoftheMasterDevelopertoseektheCity’s approvalfortheselectionofLandscapeArchitecturefirmsdesigningtheparks,aswellasthe approvalofthedesigndocumentsforeachpark.Theadvantageofthismethodwouldbea streamliningeffectonstafftime,allowingtheparkstobedeliveredmorequicklythanunderthe current arrangement. ENVIRONMENTAL REVIEW TheprojectwasadequatelycoveredinpreviouslyadoptedFinalSecondTierEnvironmentalImpact Report, EIR 07-01. Environmental Determination TheDevelopmentServicesDirectorhasdeterminedthattheprojectwasadequatelycoveredin previouslyadoptedFinalSecondTierEnvironmentalImpactReport,EIR07-01.Therefore,no additional environmental review is required. City of Chula VistaPage 1 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 37 File#:16-0098, Item#: 4. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Background OnSeptember15,2009,inaccordancewithCityCouncilResolution2009-226,theCityCouncil approvedtheParksAgreement(Attachment2)betweentheownersoftheMilleniaprojectandthe CitytoguidetheconstructionofparksinMillenia.TheParksAgreementincludesthresholdsforthe completionoftheMilleniaParksandestablishestheparametersforthedesign,development,and deliveryofparksandrecreationfacilitiesforMillenia.ThefundingidentifiedintheParksAgreement relies on the maximum number of 2,983 multi-family residential units being constructed in the project. TheCity’sparksstandardisthreeacresper1,000residents,whichequatesto23.36acresofpark obligationfortheprojectatfullbuildoutof2,983multi-familyresidentialunits.PertheParks Agreement, Millenia will satisfy the required parkland obligation by providing the following: TABLE 1 (ORIGINAL MILLENIA PARKS AGREEMENT) PARK PROGRAM ELEMENTDESCRIPTIONACRES ParksSix parks (five public; one private)12.88 Urban Recreational FacilitiesJogging path and Office Plazas 2.75 EquivalencyPark acreage converted to development dollars 5.88 In Lieu FeesFees paid to City and used at City’s discretion 1.85 TOTAL23.36 TheMilleniaparksprogramdeliversparksbyrelyingonan“equivalency”programconverting physicalparkacrestoin-lieudollars,whicharethenusedtoimprovetheparksatahigherlevelof amenitization(Attachment4,ParksAgreement,Section2.3(b)).AgoodexampleisStylusPark, whichinnownearingcompletion.Thatparkfeaturesauniquemixofusesincludinglargeopenplaza areas,atotlot,aninteractivewaterfeature,acustomrestroom,dogparksforbothlargeandsmall dogs,bocceballcourtswithoutdoorseatingandpassive-useareas.AccordingtocurrentParkland AcquisitionandDevelopment(PAD)feerates,itcosts$509,440todevelopanacreofparkland.Due totheequivalencyprogramauthorizedintheoriginalParksAgreement,ratherthanhavingan improvementbudgetofonly$509,440anacre,StylusPark’simprovementbudgetisapproximately $1.1 million per acre. TheMilleniaparksprogramhasbeencraftedtodeliversixurbanparksandotherurbanrecreational facilitieswhichwouldprovideuniquerecreationalopportunitiesfortheresidentsandvisitorsof Millenia.ThemixedusenatureoftheProject,andthedistributionofrecreationalamenities throughoutalltheDistrictsaredesignedtoensuretheparksareusedbyresidentsandvisitorsof Millenia. Theparksprogramhasalsobeendesignedtomaximizepedestrianaccess.Alltheparkswillbe linkedbyasystemofparkpromenades,joggingpaths,widesidewalksandtheRegionalTrail,allof whichlinktothepedestriancirculationsysteminthesurroundingvillages,thusfacilitatingpedestrian City of Chula VistaPage 2 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 38 File#:16-0098, Item#: 4. accesstoresidentsfromoutsideofMillenia.ProgrammedactivitiestobeplannedbytheMaster Developer,andlatertheMilleniaCommunityAssociationwouldprovideanadditionaldrawfor residents both within and outside of Millenia. Proposed Amendment TheMasterDeveloperhasproposedasecondamendmenttotheParksAgreement(Attachment3) to: 1)Specifyhowtheparkprogramwouldbeadjustedintheeventfewerresidentialunitswereto bebuiltintheprojectwhilemaintaining,totheextentpossible,thelevelofparkamenitiesproposed in the parks agreement; and 2)IncreasethefundingofparkimprovementperacretooffsettheimpactoftherecentState prevailingwagelegislationrequiringallprojectswithapublicend-use,includingparks,tobebidat prevailingwageratesresultinginaparkconstructionincreaseofapproximately20-25%ormore, dependingoncurrentconstructionbids.ThelegislationofSenateBill7wentintoeffectinJanuary 2015. Currently,ParksAgreementSection2.5,includesprovisionsforhowtheparkprogramfundingwould beadjustedifmorethan2,983multi-familyresidentialunitsareconstructedintheprojectbutitdoes notindicatehowtheparkprogramwouldbeadjustediflessthan2,983unitsareconstructed. Therefore,theamendmentproposesestablishingabaselineof2,550unitsandrecalibratingthe fundinglevelsbasedonthatlowerunitcount,whilealsoincludingprovisionsforwhatwouldhappen in the event more than 2,550 units are realized. ThesecondMilleniapark(StrataPark)isunderdesignandthepark’sdevelopmentbudgetisbeing established.Thetimingofthisamendmentisintendedtoavoidacircumstanceinwhichthelater parkswouldbelessamenitizedbecausethedollarsarenotavailableasaresultofareduced numberofunitsintheproject,orduetohighercostsresultingfromprevailingwagelegislationatthe State level. Reallocation of Dollars Thetablebelowshowsthatbasedoncurrentparkfeerates,a2,983unitprojectwouldgenerate approximately$40millioninparkfeestopurchaselandandprovideimprovementsintheparks.With a2,550unitproject,theoverallparkbudgetwouldbereducedby$5.8million,to$34.2million.This showsthatthelowerunitcountwouldsignificantlyreducetheequivalencydollarswhichareavailable to upgrade the amenities in the Millenia parks. Thegoalofthisamendmentistoensurethatevenwiththereducedleveloffundinggeneratedbythe 2,550units,thatthesamenumberofparkacresisprovided,andimprovedatthemaximumlevelof amenitizationfinanciallypossible.Thisisaccomplishedbyreallocatingdollarswithinthevarious program element categories as follows: TABLE 2 (ORIGINAL VS. PROPOSED) 2,983 UNITS2,550 UNITS PROGRAM ELEMENTACRESVALUEACRESVALUE City of Chula VistaPage 3 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 39 File#:16-0098, Item#: 4. Six Parks12.88$22,071,99212.88$22,071,992 Urban Recreational Facilities 2.75 4,712,576 0.00 0 (b) Equivalency 5.88 10,076,3447.09 12,149,877 In Lieu Fees 1.85 3,170,278 0.00 0 TOTAL23.36$40,031,190 19.97$34,221,869 Notes: st a.Alldollarvaluesreflectthecurrentparkfeerateof$1,713,664peracre,updatedannuallyonOctober1and subject to escalation per Parks Agreement. b.TheMasterDeveloperwouldprovide1.43acresofurbanrecreationalfacilitiesbutnoparkcreditordollarsfrom the program go to fund their construction. UrbanRecreationalFacilities--PertheapprovedParksAgreement,Section2.2,theMaster Developershallprovide2.75acresofUrbanandRecreationalFacilitiesinDistricts1,4and8and wouldreceiveparklanddedicationandimprovementcredit.If2,550unitsarebuilt,theproposed amendmentwouldrequiretheMasterDevelopertoprovide1.43acresofurbanrecreationalfacilities atnocosttotheCityandthedollarscurrentlyallocatedtoprovidetheurbanfacilitieswouldbe reallocatedtoimprovetheplannedparks.TheMasterDeveloperwouldbeeligibleforfuturecredit shouldadditionaldollarsberealizedintheformofafeeincreasegreaterthantheConstructionCost Index (CCI) annual increase, or if more than 2,550 units are built in the project. In-lieufees--ParksAgreementSection2.4indicatesthattheMasterDevelopershallpaytheCitythe in-lieufeesequivalentto1.85acresofparklandacquisitionanddevelopmentinthreepayments.The firstpaymentofthein-lieufees,$1,056,726.72representing0.63acresofparkobligation,wasmade totheCityinSeptember2013.TheproposedamendmentwouldrequiretheCitytoadvancethosein- lieufeedollarsbackintotheMilleniaParksequationtoassistfundingtheMilleniaparks.The AgreementalsomakesitpossiblefortheCitytobereimbursedforwhatitadvancesshouldadditional dollarsberealizedbyafeeincreaseormorethan2,550unitsbeingdeveloped.Ifapproved,this modificationwouldresultinin-lieufeescontributedbytheProjectbeingspenttodevelopparkswithin the Project area. State’sPrevailingWageLegislation--Theproposedamendmentwouldalsoincreasetheper-acre fundingallocatedtotheparkstoaccountfortheincreasedparkconstructioncostsresultingfromthe State’srecentprevailingwagelegislation.Theamendmentwouldincreasetheper-acreimprovement budgetforeachparkbyapproximately25%ormorefromthecurrent$1.1millionperacreto$1.4 millionperacre,assumingtheCityCouncilamendstheParklandAcquisitionandDevelopment(PAD Fee)programtoreflectprevailingwagedevelopmentcosts.ShouldtheCityCouncilnotamendthe PADfeetoreflecthigherdevelopmentcosts,noincreasetothedollarsavailablefortheseparks would be imposed by this action. ChelseaCorporationPADfeedeferral--TheCityapprovedthefirstamendmenttotheParks AgreementonApril22,2015(Attachment4)toamendSection2.4byaddinganewparagraph(c) statingthattheCityandtheMasterDevelopermayagreetodeferin-lieufeesforprojectsthatthe CitydeterminesqualifyasaffordablehousingwithintheEUC.Therefore,theCityandChelsea Corporationenteredintoanagreementinwhich$1,225,065wouldbedeferredforapproximately15 years.Duringthatperiod,theCityplanstoadvancecommunityparkdevelopmentfundscontributed bynearbydevelopmentstoconstructthelastparkinMilleniauntilthePADfundsarereceivedfrom ChelseaCorporation.Thisadvanceisnotanticipatedtoimpactthetimingofconstructingcommunity City of Chula VistaPage 4 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 40 File#:16-0098, Item#: 4. parks.However,shouldsuchanimpactoccur,staffwouldrecommendtheCityconsiderfinding alternativefundstobridgethisgaponashort-termbasis,untiltheChelseadeferredfeesare collected. ThelastparktobebuiltinMilleniaistheTownSquare(P3),a2.28-acreparkandpaseowithinthe MainStreetDistrict,whichwillbeconnectedtootherMilleniaparksandtodestinationsthroughout OtayRanchbytheRegionalTrailconnectingtoOtayRanchVillage7tothewestviaBobPletcher Way,thewesternMilleniagatewayemergingfromtheRoute125underpass,andtoOtayRanch Village11totheeastviatheplannedpedestrianbridgeoverEastlakeParkway.Constructionofthe TownSquareisrequiredtocommencepriortooccupancyofthefirstbuildingonTentativeMap(TM) lots 17 or 18 within the Main Street District, approximately in year 2020. TheMainStreetDistrictisplannedtohavewidenedpedestriancorridorswithcafézonescreatinga centralactivatedspineinMillenia.TheMainStreetDistrictisplannedtobethemostactiveand urbancomponentoftheproject,amixed-use,pedestrianenvironmentthatwillcombineofficeand residentialusesovergroundfloorretail,entertainment,restaurants,barsandpublicspaces accommodating community events, street fairs, and farmer’s markets. TheMainStreetDistrict’sTownSquarePark(P3)isanticipatedtodrawfromabroadgeographic area,duetobothitsconnectivityanduniquenature.Thefundstobetemporarilyadvancedfrom otherplannedcommunityparkuseswouldbeappropriateforlong-termapplicationtothispark. However,theCityintendsforthisadvancetobetemporaryinnature,providinganopportunityto expend the Chelsea funds (once collected) on a park that directly serves the fee payers. Three-PartyAgreement--ThecurrentParksAgreement,Section2.1(a)(i),wouldberevisedto removetherequirementtoenterintoathree-partyagreementforthedesignofeachparkwhile maintainingtherequirementoftheMasterDevelopertoseektheCity’sapprovalfortheselectionof theLandscapeArchitectdesigningtheparksinMillenia,aswellasdesignandpreparationof constructiondocumentstothesatisfactionoftheDirectorofDevelopmentServices.Thiswould streamlinetheprocesstoallowparkstobedeliveredmorequicklythanunderthecurrent arrangement. Theendresultofthisamendmentistoreflectthepossibilitythatafewernumberofunitscouldbe developedintheMilleniaprojectandtoreallocatethosereducedparkdollarsresultingfromthelower parkobligationtodevelopingthesixparkssotheycanbedevelopedinamannerwhichisconsistent withtheadoptedSectionalPlanningArea(SPA)plan.WhiletheMilleniaparkobligationwouldbe reduced,theproposedamendmentwouldstilldeliverthesameacresofparks(12.88acres)inthe project, and at the same level of amenitization as is being provided under the approved agreement. Therefore,staffrecommendsthatCouncilapprovethesecondamendmenttotheMilleniaParks Agreement and adopt the Resolution. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe City of Chula VistaPage 5 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 41 File#:16-0098, Item#: 4. Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community, Strong and Secure Neighborhoods and a Connected Community. TheintentofthisamendmentistoprovidesupportfortheMilleniaprojectasitdevelopsintoa thrivingandsafedestinationwithstrongconnectionstothesurroundingcommunitieswhileproviding recreation for its residents. CURRENT YEAR FISCAL IMPACT Theproposedamendmentdoesnotappropriatefunds.Thepreviouslyapprovedsecondamendment assumesthetemporaryuseofcommunityparkfundscontributedbyneighboringprojectstoaddress short-termcashflowimpactsoftheaffordablehousingfeedeferral.The1.85acresequivalentofin- lieufeesthatwouldhaveotherwisebeenavailableforoff-siteparkdevelopmentwillnowbe dedicatedtoMilleniaparks.Thereareprovisionstorestorethisfundingifsufficientresidentialunits occur. ONGOING FISCAL IMPACT There will be no ongoing fiscal impact to the City from this amendment. ATTACHMENTS 1.Project Location Map 2.Approved Millenia Parks Agreement 3.Proposed Second Amendment to the Parks Agreement 4.Approved First Amendment to the Parks Agreement 5.Resolution Staff Contact: Patricia Ferman, Project Manager, Development Services Department City of Chula VistaPage 6 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 42 l i a r Stylus ARTISAN ST T Village g Park n i g 11 g o J F i r e S t a t i o n Office Plaza Village 7 n 3 - P w o Te r a k r u q a S P ) 2 l- a P n ( o i g e R l i a r l T g e R a Office n o i Plaza l i a t a a rr t ST k r a P k S - RoP P( t u r e a P s ) h 5 a i d w r e k e n s ( t P t i a - 6 l ) S R - 1 2 5 - T O L L R O A D CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR Millenia Project Location NORTH ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 43 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 44 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 45 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 46 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 47 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 48 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 49 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 50 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 51 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 52 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 53 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 54 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 55 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 56 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 57 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 58 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 59 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 60 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 61 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 62 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 63 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 64 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 65 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 66 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 67 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 68 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 69 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 70 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 71 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 72 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 73 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 74 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 75 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 76 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 77 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 78 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 79 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 80 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 81 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 82 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 83 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE AGREEMENT REGARDING CONSTRUCTION OF PARKS IN MILLENIA. WHEREAS, MCMILLIN OTAY RANCH, LLC, a Delaware limited liability company (“McMillin”) and City entered into the“Development Agreement by and between the City of Chula Vista and McMillin Otay Ranch LLC,” recorded October 27, 2009 as Document No. 2009-0595116 of Official Records of the San Diego County Recorder (the “Development Agreement”),andthe “Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center,” recorded October 28, 2009 as Document No. 2009-0599389 of Official Records of the San Diego County Recorder (the “Parks Agreement”). The Development EUC Agreement and Parks Agreement relate to what they called the “,” which is now known as “Millenia”; and WHEREAS,by an assignment, memorandum and confirmations recorded February 22, 2011 as Document No. 2011-0098720 of Official Records of the SanDiego County Recorder, McMillin assigned its rights and transferred its obligations under the Development Agreement and Parks Agreement to SLF IV/McMILLIN MILLENIA JV, LLC, a Delaware limited liability company(“SLFMM”). SLFMM changed its name to that ofMaster Developer (SLF IV- Millenia, LLC) by amendments filed in Delaware on March 4, 2015, and in California on March 9, 2015; and WHEREAS, Master Developer and City previously wanted to refine the Parks Agreement by providing some flexibility for the payment of In-Lieu Fees for certain developments, such as affordable housing projects. Accordingly, they entered into the “First Amendment” to the Parks Agreement (Resolution No. 2015-089) which recorded on December 8, 2015 as Document No. 2015-0627423 of Official Records of the San Diego County Recorder; and WHEREAS, Master Developer and City now wish to further refine the Parks Agreement by providing additional flexibility to address the possibility that fewer residential units could be built in the EUC (2,550) than had originally been anticipated (2,983); and WHEREAS, Master Developer no longer owns some of the McMillin Property. However, the Parks Agreement, as amended by the First Amendment and this Second Amendment, is intended to provide for the development of parks throughout the EUC; thus, remaining consistent with the original Parks Agreement with respect to Master Developer’s rights and obligations under the Development Agreement. To the extent parks have already been developed and parts of the EUC have been sold, the effect of this amended agreement is to ensure compliance by the time of the EUC’s build-out. The legal description to which this Second Amendment pertains thus includes all of the original McMillin Property,less only land which has been sold to merchant builders and someproperty dedicated to Caltrans; and ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 84 Resolution No. Page 2 WHEREAS,the City’s parks standard is three acres per 1,000 residents, which equates to 23.36 acres of park obligation for the project at full buildout of 2,983 residential unitsand 19.97 acresof park obligationif only 2,550 units are built; and WHEREAS,the Millenia parks program delivers parks by relying on an “equivalency” program converting physical park acres to dollars which are then used to improve the parks at a higherlevel; and WHEREAS, the Millenia parks program deliverssix urban parks and other urban recreational facilities which would provide unique recreational opportunities for the residents and visitors of Millenia; and WHEREAS, the Millenia parks will be linked by a system of park promenades, jogging paths, wide sidewalks and the Regional Trail which link to the pedestrian circulation system in the surrounding villages, thus, facilitating pedestrian access to residents from outside of Millenia; and WHEREAS,the Master Developerhas proposed a second amendment to the Parks Agreement to: 1) specify how the park program would be adjusted in the event fewer residential units were to be built in the project while maintaining, to the extent possible, the level ofpark amenities proposed in the parks agreement, 2) remove the requirement to enter into a three-party agreement for the design of each park in Millenia while maintaining the requirement of the Master Developer to seek the City’s approval for the selectionof Landscape Architecture firms designing the parks, as well as, the approval of the design documents for each parkand3) increase the funding of park improvement per acre to offset the impact of the recent State prevailing wage legislation requiring allprojects with a public end use, including parks, to be bid at prevailing wage rates resulting in a park construction increase of approximately 20-25% or more, depending on current construction bids, in accordance with Senate Bill 7 which came into effect in January 2015; and WHEREAS, the City will temporarily advance $1,225,065 in Parkland Acquisition & Development (PAD) fees contributed by neighboring developments for community park purposes to build the last park in Millenia during the Millenia Affordable Housing fee deferral period; and WHEREAS, the last park to be built in Millenia is the Town Square (P3), a 2.28-acre park and paseo within the Main Street District, which will be connected to other Millenia parks and to destinations throughout Otay Ranch by the Regional Trail connecting to Otay Ranch Village 7 to the west via Bob Pletcher Way, the western Millenia gateway emerging from the Route 125 underpass, and to Otay Ranch Village 11 to the east via the planned pedestrian bridge over Eastlake Parkway. Construction of the Town Square is required to commence prior to occupancy of the first building on Tentative Map (TM)lots 17 or 18 within the Main Street District, approximately in year 2020. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 85 Resolution No. _________ Page 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Second Amendment to the master agreement regarding construction of Parks in Milleniabetweenthe Cityand SLF IV-Millenia, LLC., inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the CityClerk and authorizesand directsthe Mayorto execute the same. Presented byApproved as to form by Kelly Broughton,Glen R. Googins Director of Development ServicesCity Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 86 City of Chula Vista Staff Report File#:16-0103, Item#: 5. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE MAYORTOEXECUTEALETTEROFCOMMITMENTANDDIRECTINGSTAFFTOCOMPLETE ALLDOCUMENTSNECESSARYTOENTERTHEAARPNETWORKOFAGE-FRIENDLY COMMUNITIES,APPROVINGANAWARDAGREEMENTWITHTHESANDIEGOFOUNDATION FORTHEAGE-FRIENDLYCOMMUNITIESPROJECTOF$50,000FORFISCALYEAR2016/2017, AUTHORIZINGTHECITYMANAGERTOEXECUTETHEAGREEMENTANDALLOTHER DOCUMENTSNECESSARYTOIMPLEMENTTHEAGREEMENT,ANDAPPROVING$50,000TO THE HEALTHY COMMUNITIES FISCAL YEAR 2016/2017 BUDGET AS MATCHING FUNDS RECOMMENDED ACTION Council adopt the resolution. SUMMARY SanDiego’spopulationofpeopleover65yearsofageisexpectedtoincreasebytwo-thirdswithin thenext15yearsandwillcomprise20%oftheoverallcountypopulation.Inordertosupportthose aginginourcommunity,itisimportanttheCityofChulaVistaaddresssafeandaffordablehousing, transportationforthoseunabletocontinuedriving,aswellasopportunitiesforolderadultstoremain involvedandengagedintheircommunities.Tofurtheroureffortstoservethegrowingneedsofolder adultsandallourcitizenry,theCityhasanopportunitytojointheAARPNetworkofAge-Friendly Communities and accept a $50,000 grant from the San Diego Foundation towards the effort. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION TheHealthyChulaVistaAdvisoryBoardrecommendedtheacceptanceofgrantfundsand commitment letter by a vote of 7-0. DISCUSSION Asaresultofchangingdemographicsandconcernsaboutthereadinessofcommunitiestoservethe growingpopulationofolderadults(one-in-fiveindividualsisanticipatedtobe65+acrossthecountry City of Chula VistaPage 1 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 87 File#:16-0103, Item#: 5. by2030),theWorldHealthOrganization(WHO)andAmericanAssociationofRetiredPersons (AARP)havepartneredtocreateaNetworkofage-friendlycommunitiesacrossthenationandworld (seeAttachment1).TheNetworkwillserveasacatalysttoeducate,encourage,promoteand recognizeimprovementsthatcanhelpmakecommunitiessupportiveforolderadultsandpersonsof allages.InjoiningtheNetwork,participatingregionsareaffordedaccesstoresourcesgatheredfrom participatingentities,aswellasfromnationalandglobalresearch,planningmodelsandbest practicesacrosstheworld.Theeffortinvolvesafiveyearprocess,withthefirsttwoyearsdevotedto planning and the latter to implementation and evaluation. TheHealthyChulaVistaActionPlanadoptedonJanuary5,2016identifiednumerousstrategiesto betterserveresidentsthroughouttheirlifetimeunderthefocusareasofEngagement,Transportation, LandUse,PhysicalActivity,HealthyFoodAccess,EnvironmentalQuality,HealthCareand Prevention.ThesestrategiesalignwiththepillarsofanAge-FriendlyCommunityanditseight domainsoflivability:1)Outdoorspacesandbuildings;2)Transportation;3)Housing;4)Social participation;5)Respectandsocialinclusion;6)Civicparticipationandemployment;7) Communicationandinformation;and8)Communitysupportandhealthservices.Theentranceinto thenetworkwillprovidetheCitywithadditionalresourcesthroughAARPandfundingthroughthe SanDiegoFoundationinordertoexecuteyearoneoftheAge-FriendlyNetworkplanningprocessfor datacollectionandcommunityoutreachandstartimplementationofthoseHealthyChulaVista strategies that align with both plans. Today’sactionwouldinitiateamembershipapplicationtoAARPCaliforniatojointheAARPNetwork ofAge-FriendlyCommunitiesandaccept$50,000ingrantfundsforFiscalYear2016/2017fromthe SanDiegoFoundationandcommittobudgetingmatchingfundstowardstheexecutionofyearone, reference the agreement as Attachment 2. Age-Friendly Network Process (Year One) ThegrantfromtheSanDiegoFoundationwillenabletheHealthyChulaVistateamtoconductan extensiveoutreachandadatacollectionprocessduringyearone.Outreachwillincludebutisnot limited to: WalkingAudits-Themajorityofwalkingauditswouldbeconductedinthewesternportionofthecity Ͳ (westofInterstate805)withselectlocationssurroundingseniorfacilitiesineasternChulaVista.The walkswouldincludeatleastonepersonage60orover.Attemptswouldalsobemadetoinclude youthanddisabledpersonsforeachwalk.Theauditswillincludenotestosafety,servicesand amenities and repairs will be directed appropriately to city departments. CommunityCafés-Caféswillrotatemonthlybetweenneighborhoodsatlocalrestaurantsorother communitygatheringspots,includingseniorcentersorhousingcomplexes,relevanttothe neighborhood.Thepurposewouldbetoprovideanenvironmentconducivetoone-on-one interactionsamongstneighborsandwithCitystafftodiscuss,hearandaddresstheAge-Friendly eightdomains,aswellasothercommunitypriorities.Astheplanprogresses,data,analysisand solutions will be discussed at the Cafés and input utilized to further the Age-Friendly Strategic Plan. TheSanDiegoFoundationiscommittedtoassistingtheCitywithadditionalfundingatasimilarlevel uponsatisfactorycompletionofYearOnetocompleteimplementationmeasuresandplan developmentinfiscalyear2017/2018.Beyondthegrantperiod,theCitywillhaveanongoing commitmenttoimplementtheplanandevaluateplaneffectivenessthroughyearfiveoftheAge- City of Chula VistaPage 2 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 88 File#:16-0103, Item#: 5. Friendly Communities plan. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704(d) (1).Consequently,thisitemdoesnotpresentaconflictofinterestunderthePoliticalReformAct (Cal. Gov't Code § 87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisitemsupports Section 3.1.1 - Implement policies and programs that support a healthy community. CURRENT YEAR FISCAL IMPACT Allstafftimeandcoststopreparethisreportwereincludedintheadoptedfiscalyear2015-2016 budget. No additional appropriation is required. ONGOING FISCAL IMPACT AcceptanceoftheSanDiegoFoundationGrantrequires$50,000ingeneralfundmatchingfundsfor fiscalyear2016/2017,whichwillbeaddedtothebudgetadoptionprocessifapprovedtonight.In addition,commitmenttotheAge-FriendlyCommunityprocessrequiresongoingCitycommitmentto provide staff necessary to complete and implement the Strategic Plan. ATTACHMENTS 1.World Health Organization Brochure 2.San Diego Foundation Age-Friendly Grant Agreement Staff Contact:Stacey Kurz, Senior Project Coordinator City of Chula VistaPage 3 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 89 © World Health Organization 2009 - All rights reserved ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 92 2016AFCGP GE RIENDLY OMMUNITIES RANTS ROGRAM April 18, 2016 Grant ID #: A201675713 Please use this number in all Gary Halbert correspondence. City Manager City of Chula Vista 276 Fourth AVenue Chula Vista, CA 91910 Dear City Manager Halbert: Congratulations! The City of Chula Vista has been selected to receive a $50,000 grant from the Age Friendly Communities Grants Program. for the Chula Vista Age-Friendly Strategic Plan. The period for this grant is April 18, 2016- April 15, 2017. A Progress report will be due by Friday, December 16, 2016 and a Final report due on May 15, 2017. The Progress report template is included and Final report Guidelines template will be sent to you electronically. A hard copy of the RFP is included in this packet for your reference. To be eligible for future funding, you must submit this progress report informing us of your project outcomes. In your final report, please inform us of your successes and challenges in attaining the results outlined in your approved proposal as well as those stated in the funding criteria for the 2016 grant RFP. The San Diego Foundation grant funds may be expended only for charitable, scientific, literary or educational purposes. This grant is made only for the purposes stated in this letter and it is understood that these grant funds will be used for such purposes. It is also understood that no variances will be prior written approval. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 93 Page 2 City of Chula Vista Any grant funds not expended for the purpose of the grant will be returned to The San Diego Foundation. If funding for this project is received from other sources grant dollars will be returned to The San Diego Foundation. If this letter correctly sets forth your understanding of the terms of this grant, please indicate original of this letter and return it to The San Diego Foundation. Please retain the enclosed es. In acknowledgement, please announce this grant and publicize your project on your website, newsletter and/or other in-house publications in the following manner: This grant was made possible by The San Diego Foundation. found on our website. Please feel free to send us thanks in writing rather than sending material items, such as plaques. We prefer that your non-profit dollars are spent on the programs and people you serve. If you have any questions, please contact Grants Administration at 619-235-2300 or at grants@sdfoundation.org. Best wishes, Kathlyn Mead President & CEO Accepted on behalf of City of Chula Vista (Grantee) by: Authorized Signature Printed Name Title Date Grant Amount: $50,000 Grant ID #: A201675713 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 94 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A LETTER OF COMMITMENT AND DIRECTING STAFF TO COMPLETE ALL DOCUMENTS NECESSARY TO ENTER THE AARP NETWORK OF AGE-FRIENDLY COMMUNITIES, APPROVING AN AWARD AGREEMENT WITH THE SAN DIEGO FOUNDATION FOR THE AGE-FRIENDLY COMMUNITIES PROJECT OF $50,000 FOR FISCAL YEAR 2016/2017, AUTHORIZING THE CITY MANAGERTO EXECUTE THE AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT, AND APPROVING $50,000 TO THE HEALTHY COMMUNITIES FISCAL YEAR 2016/2017 BUDGET AS MATCHING FUNDS WHEREAS, jurisdictions are becoming increasingly aware that cities play a critical role in supporting the health and well-being of their communities; and WHEREAS, the City has also been implementing its multi-department Healthy Chula Vista(“Healthy CV”) initiative, which focuses on integrating public health considerations across municipal capital projects, plans, and services; and WHEREAS,the World HealthOrganization (WHO) and American Association of Retired Persons (AARP) have partnered to create a Network of Age-Friendly Communities across the nation and world to educate, encourage, promote and recognize improvements that can help make communities supportive for older adults and persons of all ages; and WHEREAS, the San Diego Foundation is a champion of age-friendly communities and encourages all jurisdictions in the San Diego Region to enter the AARP Network of Age- Friendly Communities; and WHEREAS, acceptance of $50,000 ingrant funds from the San Diego Foundation and approval of $50,000 in matching funds will enable staff to conduct necessary outreach activities and data collection to meet year one objectives of the AARP Network of Age-Friendly Communitiesand further Healthy CV strategiesand objectives. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1.Approves anAward Agreement with San Diego Foundationfor the Age-Friendly projectin the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which is on file in the office of the City Clerk; ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 95 2.Authorizes and directs the Mayor to execute the Agreement and the City Manager to execute all other documents necessary to implement the Agreement; and 3.Approves $50,000in grant funds and approves $50,000 in matching funds for Fiscal Year 2017to the Healthy Communities budget. Presented byApproved as to form by Kelly BroughtonGlen R. Googins Development ServicesDirectorCity Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 96 City of Chula Vista Staff Report File#:16-0135, Item#: 6. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN AMENDMENT TO COUNCIL POLICY NUMBER 400-02 ON PUBLIC PARTICIPATION RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnMay26,2015,CityCouncilmadeareferraltostafftoproposeapolicy,orproposechangestoan existingpolicy,regardingoutreachtocommunitymembersconcerninglargedevelopmentandother potentiallycontroversialprojectsunderconsideration.ThisproposedrevisiontoCouncilPolicy400- 02 responds to this referral. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required Environmental Determination TheDevelopmentServicesDirectorhasreviewedtherevisedCouncilPolicyforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelines;therefore,pursuanttoSection15060(c) (3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQA.Thus,noenvironmentalreview of the policy is required. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION Aspartofthepublichearingprocessforarecentdevelopmentproject,concernswereraisedby membersofthepublicaboutnotbeingmadeawareearlierintheCityreviewprocessaboutthe proposal.Attheconclusionofthepublichearingontheproject,Councilexpressedinterestinhaving staffexplorewaystoimproveonthepublic’sparticipationindevelopmentreview.Inresponse,staff is proposing an update to the current Council Policy 400-02 (Attachment No. 1). CurrentCouncilPolicyandtheChulaVistaMunicipalCode(CVMC)provideforpublicnoticingofall developmentprojectrelatedapplications,projectdecisions,andpublichearingstopropertyowners thatarewithin500feetoftheproposedproject.Staffbothmailsthesepublicnoticesandpoststhem ontheCity’swebsite.ThenoticesarealsosentelectronicallytotheCity’sAlwaysNoticelistof individualsthatrequesttoreceivealldevelopmentrelatednotices.WhererequiredbytheCVMC, City of Chula VistaPage 1 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 97 File#:16-0135, Item#: 6. staff also places notices in the local newspaper prior to public hearings. Inadditiontothepublicnotice,theCouncilPolicycurrentlyrequiresanadditionalpublicmeetingto beheldaboutthedevelopmentprojectundertwoconditions.Thefirstiswhensignificantpublic interestintheprojectisreceivedinresponsetothenoticeofapplicationsentearlyinthereview process.Thisresponsecanbeintheformofphonecalls,emails,orothercontactsreceivedfrom concernedmembersofthepublic.Thesecondconditionforholdinganadditionalpublicmeetingis whentheCVMCrequiresallofthepermitsorapprovalsassociatedwiththedevelopmentprojectto be consolidated to a single decision-making body. Thisadditionalpublicmeetingisconductedtypicallyafterthefirstreviewoftheprojectbystaffis completed.Themeetingisgenerallysetinthevicinityoftheproposedprojectandispublically noticedbymailtopropertyownerswithin500’,byemailtotheAlwaysNoticelist,andbypostingon the City’s website. Staffisproposingtoexpandtheseconditionsofthecouncilpolicyintwosignificantways.Thefirstis toexpandthetypesofplanninganddevelopmentapplicationsthatwouldrequiretheadditionalpublic meeting.AnyprojectthatwouldincludeaGeneralPlanAmendment(GPA);aneworamended GeneralDevelopmentPlan(GDP);aneworamendedSectionalPlanningAreaplan(SPA);anewor amendedSpecificPlan(SP);aneworamendedPrecisePlan(PP);orthatincludesarezonewould requiretheadditionalpublicmeetingoutlinedintheCouncilPolicy.Thesecondconditionwould requireexpandedpublicnoticeforthisadditionalpublicmeetingsothatanyHomeOwners Association(HOA)whoseboundariesarewithin1,500feetoftheproposedprojectwouldreceive noticeofthepublicmeeting.ThisadditionalnoticewouldbesenttoboththeHOA’smanagement entity and HOA’s current president. Thesetwonewapproacheswillprovideadditionalandmorecomprehensiveopportunitiesforpublic involvement in significant planning and development projects throughout the City. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision-maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoods,andaConnectedCommunity.Thisamendmentto CouncilPolicy400-02respondstoStrategy5.1byencouragingresidentstoengageincivicactivities related to planning and development. CURRENT YEAR FISCAL IMPACT No impact as costs for public meetings and noticing are borne by the development project applicant. City of Chula VistaPage 2 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 98 File#:16-0135, Item#: 6. ONGOING FISCAL IMPACT No impact as costs for public meetings and noticing are borne by the development project applicant. ATTACHMENTS Attachment No. 1 - Proposed Council Policy No. 400-02 Attachment No. 2 - Council Policy (Strikeout/Underline) Attachment No. 3 - Council Resolution City of Chula VistaPage 3 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 99 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: PUBLIC PARTICIPATIONEFFECTIVE NUMBER PAGE DATE 400-0205/XX/20161OF 3 ADOPTED BY:DATED: 05/XX/2016 AMENDED BY: Resolution No. 2016-XX BACKGROUND In response to public input on recent development projects heard by City Council involvingGeneral Plan,Sectional Planning Area Plans, and other Policy Level amendments, staff was directed to revise the Public Participation Council Policy to be more inclusive of broader communityreview and input. PURPOSE To ensure that the public has the opportunity to obtain information about development projects and provideinput and feedback on projects throughout the review/entitlement process in a consistent citywide process. POLICY The City will use this Community Input Process for all planning and development in theCity. Staff will keep and periodically update an Always Notice list for use in sending out public notices. The Always Notice list will include contact information for Community Organizations, Business Associations, Home Owner Associationsand individuals who request receipt of all public notices. Citizens and interested parties can be added to the Always Notice list on the Development Services Department link onthe City’s website. A Notice of Application will be sent out to all property owners within 500 feet of a project site within ten (10) days of the application being deemed complete. The notice will include a brief project description, project location, entitlement processes that the project will be required to go through and the name and contact information for the staff project manager. The Notice of Application will also be posted on the City’s website. This notification willmake concerned members of the public aware of pending applications earlyin the development review process. Staff will arrange a Community Meeting for all projects that will have a “Consolidated Hearing”*; that require a General Plan Amendment(GPA);that requirea new or amended General Development Plan (GDP);that requirea new or amended Sectional Planning Area plan (SPA); that require a new or amended Specific Plan (SP); that requirea new or amended Precise Plan (PP); that require a rezone; oranyother project requiring a public hearingthat results in asignificant response from the public to the Notice of Application. In addition, staff will arrange a Community Meeting for any administrative approval project that results in significant response from the public to the Notice of Application. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 100 4/26/2016 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: PUBLIC PARTICIPATIONEFFECTIVE NUMBER PAGE DATE 400-0205/XX/20162OF 3 ADOPTED BY:DATED: 05/XX/2016 AMENDED BY: Resolution No. 2016-XX Notice of the Community Meeting would be provided to neighbors within 500 feetof a project site, to the management entity for any Home Owners Associations (HOA’s) within 1,500 feetof a project site (for HOA distribution to their members as they see fit),andtointerested parties on the Always Notice list. The Community Meeting will be held early in the process, after the project application has been deemed complete and the first internal review of the project has been completed. The meeting will be held early enough in the process to allow for public comments to be considered by the applicant and staff,and to allow for appropriate changes to be made to the project. While staff will help facilitate the Community Meeting, the Applicant will have the primary role since this is their opportunity to dialogue with potential future neighbors. Staff will provide the applicant with an outline of the presentation components to ensure that the applicant covers all of the important information about the project. Staff administration would be limited to setting meeting locations and being available to answer questions about the process, policies and regulations affecting the project. No formal staff report will be prepared. The applicant will be provided with the names and contact numbers for all Community Organizations, Business Associations, and management entitiesand current president for the HOA(s), and will be encouraged to seek their member’s early input on projects. Staff will encourage the applicant to have on-going dialogue with the interested partiesthroughout the processing of the project. An “Open House” format will be used at the Community Meeting. After the initial presentation of the projectby the applicant, community memberswill be providedan opportunity to have one on one conversation with the applicant and consulting team about the project. Staff will take notes at the Community Meeting and prepare a “Record of Meeting” that summarizes the issues and suggestions that were raised at the meeting. At subsequent Planning Commission (PC) and City Council(CC)hearingsthe members will be advised of the issues raised previously by the community as well as how the applicant addressed the issuesas part of the staff report. The PC mayprovide an optional Preliminary Review on projects that are complex or that the community has raised concerns about at the Community Meeting. This will give the PC the opportunity to raise any early concerns about the project and will provide the public another opportunity to provide input prior to final consideration of the project by the PC. The Preliminary Review will be after the Community Meeting but prior to consideration of the project by the PC. Preliminary Reviews will be included on the PCagenda. The agenda is posted 72 hours prior to the meeting and sent to everyone on the Always Notice list. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 101 4/26/2016 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: PUBLIC PARTICIPATIONEFFECTIVE NUMBER PAGE DATE 400-0205/XX/20163OF 3 ADOPTED BY:DATED: 05/XX/2016 AMENDED BY: Resolution No. 2016-XX All Zoning Administrator (ZA) decisions will be posted on the City’s website. ZA decisions will also beprovided to any member of the public who has made a request during the review process to receive it. ZA Notices of Decision will be sent out on the day following the ZA action. * A Consolidated Hearing is required when a single development projectinvolves more than one permit or any approval that requires consideration by more than one decision making authority. In that case the applications are consolidated for processing and reviewed by a single decision maker or decision making body. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 102 4/26/2016 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: PUBLIC PARTICIPATIONEFFECTIVE NUMBER PAGE DATE 400-0205/XX/20161OF 3 ADOPTED BY:DATED: 05/XX/2016 AMENDED BY: Resolution No. 2016-XX BACKGROUND In February 2009, the Development Services Department launched the Process Improvement Program increase transparency, improve public access, make it more predictable for applicants and reduce the cost. One goal of the Process Improvement Program was to respond to concerns about the complexity projects that are either in or out of designated redevelopment project areas. *that consolidated project hearings into a single hearing (where previously several hearings had been required) and the delegation of some minor project approvals to the Zoning Administrator. Through the Process Improvement Program it was determined that measures to streamline the process needed t on development projects.In response to public input on recent development projects heard by City Council involvingGeneral Plan, Sectional Planning Area Plans,andother Policy Level amendments, staff was directed to revise the Public Participation Council Policy to be more inclusive of broader communityreview and input. PURPOSE To ensure that the public has the opportunity to obtain information about development projects and provide input and feedback on projects throughout the review/entitlement process in a consistent citywide process. POLICY The City will use this Community Input Process for all planning and development projects in theCity. City both inside and outside of designated redevelopment project areas. Staff will keep and periodically update an Always Notice list for use in sending out public notices. The Always Notice list will include contact information for Community Organizations, Business Associations, Home Owner Associationsand individuals who request receipt of all public notices. Citizens and interested parties can be added to the Always Notice list on the Development Services Department link onStaff will create a mechanism through.for being added to the Always Notice list. A Notice of Application will be sent out to all property owners within 500 feet of a project site within ten (10) days of the application being deemed complete. The notice will include a brief project ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 103 05/29/201004/26/2016 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: PUBLIC PARTICIPATIONEFFECTIVE NUMBER PAGE DATE 400-0205/XX/20162OF 3 ADOPTED BY:DATED: 05/XX/2016 AMENDED BY: Resolution No. 2016-XX description, project location, entitlement processes that the project will be required to go through and the name and contact information for the staff project manager. The Notice of Application will also be pending applications earlier onearlyin the development review process. **; that require a General Plan Amendment(GPA);that requirea new or amendedGeneral Development Plan(GDP);that requirea new or amendedSectional Planning Area plan (SPA);thatrequire a new or amended Specific Plan (SP); that requirea new or amended Precise Plan (PP); that require a rezone; orandanyother project requiring a public hearingthat results in asignificant response from the public to the Notice of Application. In addition, staff will arrange a Community Meeting for any administrative approval project that results in significant response from the public to the Notice of Application. Notice of the Community Meeting would be provided to Neighbors neighbors within 500feet of a project site,tothe management entity for any Home Owners Associations within 1,500 feet of a project site (for HOA distribution to their members as they see fit),andtointerested parties on the Always Notice Listlist.would be invited to the Community Meeting. The Community Meeting will be held early in the process, after the project application has been deemed complete and the first internal review of the project has been completed. The meeting will be held early enough in the process to allow for public comments to be considered by the applicant and staff,and to allow for appropriate changes to be made to the project. While staff will help facilitate the CommunityMeeting, the Applicant will have the primary role since this is their opportunity to dialogue with potential future neighbors. Staff will provide the applicant with an outline of the presentation components to ensure that the applicant covers all of the important information about the project. Staff administration would be limited to setting meeting locations and being available to answer questions about the process, policies and regulations affecting the project. No formal staff report will be prepared. The applicant will be provided with the names and contact numbers for all Community Organizations, andBusiness Associations, and management entitiesand current president fortheHOA(s),and will be encouraged to seek their early input on projects. Staff will encourage the applicant to have on-going dialogue with the interested Community Organizations and Business Associationspartiesthroughout the processing of the project. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 104 05/29/201004/26/2016 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: PUBLIC PARTICIPATIONEFFECTIVE NUMBER PAGE DATE 400-0205/XX/20163OF 3 ADOPTED BY:DATED: 05/XX/2016 AMENDED BY: Resolution No. 2016-XX After the initial presentation of the project by the applicant, community members will be providedan opportunity to have one on one conversation with the applicant and consulting team about the project. the issues and suggestions that were raised at the meeting. At subsequent Design Review Board (DRB), Chula Vista Redevelopment Corporation (CVRC) orPlanning Commission (PC) and City Council(CC)hearingsmeetingsthe members will be advised of the issues raised previously by the community as well as how the applicant addressed the issuesas part of the staff report. The DRB*** and CVRCPC maywillprovide an optional Preliminary Review on projects that are complex or that the community has raised concerns about at the Community Meeting. This will give theDRB*** or CVRC PC the opportunity to raise any early concerns about the project and will providethe public another opportunity to provide input prior to final consideration of the project by theDRB*** or CVRCPC. The Preliminary Review will be after the Community Meeting but prior to consideration of the project by the DRB*** or CVRCPC. Preliminary Reviews will be included on theDRB*** or CVRCPCagenda. The agenda is posted 72 hours prior to the meeting and sent to everyone on the Always Notice Listlist. will also be provided to any member of the public who has made a request during the review process to receive it. ZA Notices of Decision will be sent out on the day following the ZA action. t of the Process Improvement Program are tentatively scheduled for consideration by the City Council in the Spring of 2010. ** A Consolidated Hearing is required when a single development project involves more than one permit or any approval that requires consideration by more than one decision making authority. In that case the applications are consolidated for processing and reviewed by a single decision maker or decision making body. ***In the case of a consolidated hearing where the PC takes on the role of the DRB, the PC will provide the optional Preliminary Review for the project. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 105 05/29/201004/26/2016 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO COUNCIL POLICY NUMBER 400-02 ON PUBLIC PARTICIPATION WHEREAS, as part of process improvements made in 2010, City Council approved Resolution No. 2010-09adoptingthe Public Participation Policy;and WHEREAS, on May 26, 2015 City Council made a referral to staff to propose a policy, or propose changes to an existing policy, to expandoutreach to community members concerning large development and other potentially controversial projects under considerationby the City; and WHEREAS, the Development Services Department Director determined that the activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the amendment to Council Policy400-02inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the City Clerk. Presented byApproved as to form by Kelly G. BroughtonGlen R. Googins Development Services Department DirectorCity Attorney Resolution –Council Policy 400-02 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 106 City of Chula Vista Staff Report File#:16-0180, Item#: 7. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE 2016/2017ANNUALACTIONPLANFORTHEU.S.DEPARTMENTOFHOUSINGANDURBAN DEVELOPMENT(HUD)COMMUNITYDEVELOPMENTBLOCKGRANT(CDBG),HOME INVESTMENTPARTNERSHIP(HOME),ANDTHEEMERGENCYSOLUTIONSGRANT(ESG) PROGRAMS;AUTHORIZINGTHECITYMANAGERORHISDESIGNEETOEXECUTE AGREEMENTSFORTHEMANAGEMENTANDIMPLEMENTATIONOFELIGIBLEPROJECTS WITHEACHSUBRECIPIENT/CONTRACTOR/DEVELOPERIDENTIFIEDINTHEACTIONPLAN; AUTHORIZINGTHECITYOFCHULAVISTADEVELOPMENTSERVICESDEPARTMENTTO ENTERINTOAMEMORANDUMOFUNDERSTANDINGWITHTHERECREATIONANDPUBLIC WORKSDEPARTMENTSFORTHEIMPLEMENTATIONOFFOURCDBG-FUNDEDPROJECTS; ANDAUTHORIZINGTHECITYMANAGERTOEXECUTEANYANDALLRELATEDDOCUMENTS NECESSARY FOR THE HUD GRANTS RECOMMENDED ACTION Council adopt the resolution. Environmental Notice TheDevelopmentServicesDirectorhasreviewedtheproposedactivitiesforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA).The proposedactivities,withtheexceptionoftwo,arepublicservicesandarenotconsidered"Projects" asdefinedunderSection15378(b)(5)oftheStateCEQAGuidelinesbecausetheproposalsconsist ofareportingaction,isnotforasitespecificproject(s)andwillnotresultinadirectorindirect physical change in the environment. Theremainingprojectsarecapitalimprovementprojectswhicharecategoricallyexcludedunder NEPApursuantto24CFR58.35(a)(1)oftheNEPAregulations.Thisprojectisalsoexemptfrom CEQApursuanttoCEQAguidelinesSection15301(existingfacilities).Theactivitywillnotaffect density or land use and will have no significant effect on the environment. THE FULL STAFF REPORT IS LISTED AND VIEWABLE AS AN ATTACHMENT FOR THIS ITEM. City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 107 City of Chula Vista Staff Report File#:16-0180, Item#: 7. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE 2016/2017ANNUALACTIONPLANFORTHEU.S.DEPARTMENTOFHOUSINGANDURBAN DEVELOPMENT(HUD)COMMUNITYDEVELOPMENTBLOCKGRANT(CDBG),HOME INVESTMENTPARTNERSHIP(HOME),ANDTHEEMERGENCYSOLUTIONSGRANT(ESG) PROGRAMS;AUTHORIZINGTHECITYMANAGERORHISDESIGNEETOEXECUTE AGREEMENTSFORTHEMANAGEMENTANDIMPLEMENTATIONOFELIGIBLEPROJECTS WITHEACHSUBRECIPIENT/CONTRACTOR/DEVELOPERIDENTIFIEDINTHEACTIONPLAN; AUTHORIZINGTHECITYOFCHULAVISTADEVELOPMENTSERVICESDEPARTMENTTO ENTERINTOAMEMORANDUMOFUNDERSTANDINGWITHTHERECREATIONANDPUBLIC WORKSDEPARTMENTSFORTHEIMPLEMENTATIONOFFOURCDBG-FUNDEDPROJECTS; ANDAUTHORIZINGTHECITYMANAGERTOEXECUTEANYANDALLRELATEDDOCUMENTS NECESSARY FOR THE HUD GRANTS RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheCityofChulaVista,onanannualbasis,receivesCommunityDevelopmentBlockGrant(CDBG), HOMEInvestmentPartnerships(HOME)Program,andEmergencySolutionsGrant(ESG)Program fundsfromtheU.S.DepartmentofHousingandUrbanDevelopment(HUD)tocontributetowardsa numberofdiverseprogramsandservicestoenhancethequalityoflifeforChulaVista'slowto moderateincomeresidents.TheCityhasanadopted2015-2019Five-YearConsolidatedPlan (ConPlan)whichdescribesthehousingandcommunitydevelopmentneedsoftheCity'slowand moderateincomeresidentsandoutlinesthestrategiestoaddressthoseneedswiththeseHUDgrant funds.Duringthefive-yearConPlanperiod,eachyeartheCitypreparesanActionPlantofund specificactivitiesconsistentwithitsadoptedConPlan.The2016/17AnnualActionPlanisincludedin this report for consideration and approval. ENVIRONMENTAL REVIEW Environmental Notice TheDevelopmentServicesDirectorhasreviewedtheproposedactivitiesforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA).The proposedactivities,withtheexceptionoftwo,arepublicservicesandarenotconsidered"Projects" asdefinedunderSection15378(b)(5)oftheStateCEQAGuidelinesbecausetheproposalsconsist ofareportingaction,isnotforasitespecificproject(s)andwillnotresultinadirectorindirect physical change in the environment. City of Chula VistaPage 1 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 108 File#:16-0180, Item#: 7. Theremainingprojectsarecapitalimprovementprojectswhicharecategoricallyexcludedunder NEPApursuantto24CFR58.35(a)(1)oftheNEPAregulations.Thisprojectisalsoexemptfrom CEQApursuanttoCEQAguidelinesSection15301(existingfacilities).Theactivitywillnotaffect density or land use and will have no significant effect on the environment. Environmental Determination TheDevelopmentServicesDirectorhasreviewedtheproposedactivitiesforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA).The proposedactivities,withtheexceptionoftwo,arepublicservicesandarenotconsidered"Projects" asdefinedunderSection15378(b)(5)oftheStateCEQAGuidelinesbecausetheproposalsconsist ofareportingaction,isnotforasitespecificproject(s)andwillnotresultinadirectorindirect physicalchangeintheenvironment.Therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines,theseactivitiesarenotsubjecttoCEQA.UnderNEPA,theactivitiesqualifyfora CertificationofExemptionpursuanttoTitle24,Part58.34(a)(2)&(3)oftheCodeofFederal RegulationsandpursuanttotheU.S.DepartmentofHousingandUrbanDevelopmentEnvironmental . GuidelinesThus, no further environmental review is necessary at this time. Theremainingprojects,OrangeStreetImprovementandHolidayEstatesParkImprovement,are capitalimprovementprojectswhicharecategoricallyexcludedunderNEPApursuantto24CFR 58.35(a)(1)oftheNEPAregulations.ThisprojectisalsoexemptfromCEQApursuanttoCEQA guidelinesSection15301(existingfacilities).Theactivitywillnotaffectdensityorlanduseandwill have no significant effect on the environment. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION AsanentitlementcommunitywiththeU.S.DepartmentofHousingandUrbanDevelopment,theCity receives funds under three block grant programs: Community Development Block Grant (CDBG) • Home Investment Partnerships (HOME) • Emergency Solutions Grant (ESG) • Thegrantamountsallocatedtoeachjurisdictionaredeterminedusingaformulabasedonstatistical anddemographicdata.ThefundsaimtoaddressHUD'sperformancemeasurementframeworkof providingdecenthousing,asuitablelivingenvironment,andtoexpandeconomicopportunities principallyforlow-andmoderate-incomepersons.Asarecipientofthesefunds,theCityisrequired toprepareaConsolidatedPlan(ConPlan)forafiveyearplanningperiodfortheseHUDfunds City of Chula VistaPage 2 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 109 File#:16-0180, Item#: 7. describingthehousingandcommunitydevelopmentneedsoftheCity'slowandmoderateincome residentsandoutliningstrategiestoaddressthoseneedsoverafiveyearperiod.TheConPlan providesthenecessarypolicyguidanceforimplementationofprogramsandservicestobefundedby theHUDgrantsinaddressingtheneedsandisdetailedinitsAnnualActionPlantobesubmittedto HUDasitsapplicationforfunding.TheCityiscurrentlyinthesecondyearofits2015-2019ConPlan. HousingstaffhaspreparedtheActionPlanforthe20156/20176programyear(AttachmentNo.1). TheActionPlanmustbesubmittedtoHUD45dayspriortothebeginningofthefiscalyearand constitutes its formal application for the grant funds. OnFebruary25,2016,theCityreceivedthe2016/17fundingallocationsfromHUDforthefollowing programs: IndevelopingitsAnnualPlan,theCityreleasedaNoticeofFundingAvailability(NOFA)forthe availableHUDgrantfundsinJanuary2016.Atotaloftwenty-two(22)applicationswerereceivedand reviewedforeligibilityandfundingconsideration.TheCityheldapublichearingbeforetheCity CouncilonMarch15,2016toreviewthespendingplan,whichisamajorcomponentofthe 2016/2017AnnualPlan.TheActionPlanincludesactivitiesgroupedintofivedistinctcategories: CDBGPlanningandAdministration;CDBGPublicServices;CapitalImprovementandCommunity Development Projects; HOME Projects; and, ESG Projects. City of Chula VistaPage 3 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 110 File#:16-0180, Item#: 7. City of Chula VistaPage 4 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 111 File#:16-0180, Item#: 7. Atthistime,staffisrequestingCouncil'sapprovaloftheproposedactivitiestobeincludedwithinthe , final2016/17ActionPlantobesubmittedtoHUDbyMay152016.UponHUDapproval,theCitywill enterintoaformalagreementwiththeU.S.DepartmentofHousingandUrbanDevelopment . (AttachmentNo.2)fortheHUDgrantfundsIncompliancewithHUDregulations,awrittencontract and/orMemorandumofUnderstanding(MOU)willthenbeexecutedbetweentheCityandeach department,non-profit,entity,and/orclientthatisadirectrecipientandoperatingaproject/program . andbeneficiariesofrentalassistancefundedthroughtheCDBG,ESGandHOMEgrantfundsThe sampleSubrecipientAgreementandMOUfortheCDBGandESGprogramsareincludedas . Attachments 3 through 5 DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdings within500feetoftheboundariesoftheMossStreetSidewalkProjectandtheRiceElementary HealthCenterFireHydrantproject.Staffisnotindependentlyaware,andhasnotbeeninformedby anyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictof interest in this matter. LINK TO STRATEGIC GOALS TheCity'sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theactivitiesfunded throughthefederalgrantprogramsaredirectedtowardstherevitalizationofneighborhoods, economicdevelopmentopportunities,andimprovedfacilitiesandservices.Thenatureofthese 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 TheCityhasdevelopedadetailedCitizenParticipationPlan(CPP)whichrequirestheparticipationof thecommunity.TheCPPrequirestheCitytoprovidecitizenswithreasonableandtimelyaccessto meetings,information,andrecordsrelatedtothegrantee'sproposedandactualuseoffunds.A minimumoftwopublichearingsareheldannuallytoobtaincitizenparticipationatallstagesofthe Five-YearConsolidatedPlanandActionPlan.Thisincludestheidentificationofpriorities,reviewof City of Chula VistaPage 5 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 112 File#:16-0180, Item#: 7. 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 Priorities Consistentwiththefundingprioritiesestablishedinthe2015-2019ConsolidatedPlan,theCDBG, HOMEandESGactivitiesselectedareaimedatprovidingaffordablehousingopportunitiesanda suitablelivingenvironmentwithadequatepublicfacilities,infrastructureandservices.Servicesthat support the elderly, disabled, homeless, and youth all contribute to community's quality of life. CURRENT YEAR FISCAL IMPACT Atthistime,CouncilisapprovingthefundingrecommendationsforCDBG,HOME,andESGfunds. Thisactiondoesnotincludeappropriations.AppropriationsfortheproposedCDBG,HOMEandESG programswillbeincludedaspartoftheCityManager'sFY2016/17proposedbudget.Thereisno fiscalimpacttotheGeneralFundasaresultofthisaction.IntheremoteeventthatHUDshould withdrawtheCity'sCDBG,ESG,andHOMEfunding;theagreementsprovidethattheCityisnot obligated to compensate the sub-recipients for program expenditures. ONGOING FISCAL IMPACT ThereisnoongoingfiscalimpacttotheCity'sGeneralFundasallcostsassociatedwiththe administration of the CDBG, HOME and ESG programs are covered by the respective grants. ATTACHMENTS Attachment No. 1: 2016/17 Annual Action Plan Attachment No. 2: Sample HUD Funding Agreement Attachment No. 3: Sample CDBG Subrecipient Agreement Attachment No. 4: Sample CDBG Interdepartmental MOU Attachment No. 5: Sample ESG Subrecipient Agreement Staff Contact: Angélica Davis and/or José Dorado, DSD-Housing Division City of Chula VistaPage 6 of 6Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 113 2016-2017 HUD Federal Grants Annual Action Plan Prepard by: Chula Vista Federal Grant Administrators: Angélica Davis, Senior Management Analyst and Jose Dorado, Senior Management Analyst Attachment No. 1 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 114 TABLE OF CONTENTS FIRST YEAR ANNUAL ACTION PLAN (AP) AP-05 Executive Summary 24 CFR 91.200(c), 91.220(b) ............................................................................... 1 PR-05 Lead & Responsible Agencies – 91.200(b): ......................................................................................... 3 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ....................................................................................... 3 AP-12 Participation – 91.105, 91.200(c) ....................................................................................................... 6 AP-15 Expected Resources – 91.220(c)(1,2) ................................................................................................. 8 AP-20 Annual Goals and Objectives ............................................................................................................ 14 AP-35 Projects – 91.220(d) ......................................................................................................................... 16 AP-38 Projects Summary Project Summary Information .............................................................................. 1 AP-50 Geographic Distribution – 91.220(f) ................................................................................................. 15 AP-55 Affordable Housing – 91.220(g) ....................................................................................................... 17 AP-60 Public Housing – 91.220(h) ............................................................................................................... 18 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ................................................................ 18 AP-75 Barriers to affordable housing – 91.220(j) ....................................................................................... 21 AP-85 Other Actions – 91.220(k) ................................................................................................................ 22 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) .......................................................................... 27 Community Development Block Grant Program (CDBG) ............................................................................ 28 HOME Investment Partnership Program (HOME) ...................................................................................... 28 Emergency Solutions Grant (ESG) ............................................................................................................... 30 Appendices …………………………………………………………………………………………………….………………………………………53 Exhibit “A”: Public Notices Exhibit “B”: On-line Survey Exhibit “C”: Survey Comments Exhibit “D”: ESG Written Standards Exhibit “E”: Citizen Participation Plan Exhibit “F”: Application for Federal Assistance (HUD Form SF-424) for CDBG, HOME and ESG Exhibit “G”: Certifications Exhibit “H”: Area Income Limits Exhibit “I”: Map - Low/Moderate Income Areas Exhibit “J”: Map – Minority Concentration ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 115 CITY OF CHULA VISTA FIRST YEAR ANNUAL ACTION PLAN FY 2015/16 AP-05 EXECUTIVE SUMMARY 24 CFR 91.200(C), 91.220(B) INTRODUCTION: The City Chula Vista 2016-2017 Annual Action Plan outlines the community's strategies for meeting its identified housing and community development needs which were developed through a citizen participation process (detailed in Exhibit “E” -Citizen Participation Plan). The five-year Consolidated Plan includes a needs assessment, market analysis, and identification of priority needs and long-term strategies. An Annual Action Plan implements the strategies and provides a basis for allocating Community Development Block Grant (CDBG), Home Investment Partnerships Act (HOME), and Emergency Solutions Grant (ESG) resources. This document represents the City of Chula Vista’s program year 2016-17 Annual Action Plan. It identifies the goals and programming of funds for activities to be undertaken in the first year of the five-year Consolidated Plan. OBJECTIVES AND OUTCOMES IDENTIFIED IN THE PLAN: During the formulation of the Consolidated Plan, the City of Chula Vista conducted a needs assessment and market analysis to inform the process on the community's needs. Community input obtained through public hearings, public meetings and consultation with local stakeholders helped establish Chula Vista’s priority needs and develop long-term goals and strategies. Through the process, an overall focus for CDBG activities will be assistance to the most vulnerable population, households with incomes below 50% of median income and persons with disabilities. CATEGORY PRIORITY ACTIVITY TYPE New construction of rental housing Housing 1.Production of Affordable Acquisition/Rehabilitation for rental Priorities Housing First Time Homebuyer Program 2.Affordable Housing Programs Tenant-based Rental Assistance Program Special Needs/Disabled Services Community 1.Public Services Youth Services Development Elderly/Senior Services Priorities Homeless Services ADA improvements 2.Infrastructure Improvements New Streets/Sidewalks Section 108Loan Payments Park and Recreation Facility Improvements 3.Public Facility Improvements Neighborhood Facilities Fire Stations (Improvements/Equipment) ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 116 EVALUATION OF PAST PERFORMANCE Each program year of the Consolidated Plan period, the City must submit to HUD, a Consolidated Annual Performance and Review Report (CAPER) with detailed information on progress towards the priorities, goals and objectives outlined in the Consolidated Plan. HUD conducts an annual program assessment and provides feedback on the City’s use of CDBG, HOME and ESG funds. For Program Years 2010, 2011, 2012, 2013 and 2014, HUD has determined that the overall performance of the City’s CDBG program was satisfactory. HUD stated, “the City has addressed most strategic program goals and objectives which give context and meaning to annual and cumulative accomplishments. All major program requirements are in compliance with regulatory requirements. “ The City has consistently complied with the CDBG regulation regarding timeliness. 24 CFR 570.902 (a) states, a grantee may not have more than 1.5 times the entitlement grant amount for the current year remaining undisbursed from the U.S. Treasury 60 days prior to the end of the grantee’s current program year. SUMMARY OF CITIZEN PARTICIPATION PROCESS AND CONSULTATION PROCESS During the consolidated planning process, the City implemented a process for obtaining input from citizens through public hearings, public meetings, and an on-line survey to identify the needs and long- term goals and strategies for use of the federal funds. In drafting the 2016/17 Annual Action Plan, contact was made with representatives of local social service agencies which serve LMI clients to see what types of activities they considered a priority for the community they served. In addition, an advertisement was placed in the local newspaper of general circulation which solicited proposals for 2016/17 CDBG, HOME and ESG projects. Once activities were selected for programming, another advertisement was published to announce the public hearing date and solicited comments during the 30-day public comment period on the proposed projects to be funded. A public hearing was held before the Chula Vista City Council at its regularly televised meeting on March 15, 2015, and public comment on the plan was again invited. Summary of public comments: No comments were received at the public hearing or during the 30-day comment period. Summary of comments or views not accepted and the reasons for not accepting them: Not applicable. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 117 PR-05 LEAD & RESPONSIBLE AGENCIES – 91.200(B): AGENCY/ENTITY RESPONSIBLE FOR PREPARING/ADMINISTERING THE CONSOLIDATED PLAN Table 1. Responsible Agencies Agency Role Name/Title/Contact Information Department/Agency Grant Administrator Angelica Davis,Senior Management Analyst Development Services (619) 691-5036 Department – Housing adavis@chulavistaca.gov Division Grant Administrator Jose Dorado, Senior Management Analyst Development Services (619) 476-5375 Department – Housing jdorado@chulavistaca.gov Division Narrative The City has established the Development Services Department Housing Division (DSD-Housing) as the primary entity responsible for administering the City’sHUD federal grant programs (CDBG, HOME, ESG). DSD-Housing coordinates the planning process, works closely with agencies and nonprofit organizations on both planning and implementation, manages the CDBG, HOME and ESG programs and resources to assure that HUD requirements are met, evaluates project progress and reports on performance to the City Council and HUD. A wide range of local housing and services providers partner with the City to carry out activities identified in the Annual Action Plan. Consolidated Plan Public Contact Information The primary contacts for the CDBG, HOME and ESG programs and the consolidated planning process are identified in Table 1 above. AP-10 CONSULTATION – 91.100, 91.200(B), 91.215(L) Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) In the process of developing the 2015-2019 Consolidated Plan, the City consulted with community members and representatives from a number of local organizations providing housing and services to low and moderate income households. In addition to public meetings, a survey containing the City’s funding goals and objectives was distributed. Many of the social service providers noted a continued need for funding sources for additional social services and public service programs; however, no more than 15% of a CDBG award may be used for funding public services. Throughout the year, Chula Vista staff meets with other representatives of various non-profit, public, and private agencies that serve the needs of the homeless, persons at risk of homelessness, persons with mental health conditions, the disabled, and other low- to moderate-income persons. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 118 Table 2 – Agencies, groups, organizations who participated Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Agency/Group/Organization South Bay Community Services Organization Type Services-Children Services-Elderly Persons 1 Services-homeless Services-Health Services-Education Services-Employment Section of Plan Addressed Homeless Needs -Chronically homeless Homeless Needs - Families with children Non-Homeless Special Needs How Consulted/Anticipated Outcomes/ Areas The City partners with this organization to provide services to the most vulnerable of Improved Coordination of our community. The City consulted with the organization by distributing a survey containing the proposed Housing and Community Development funding priorities. In addition, the City receives quarterly updates on the services provided by the organization to meet the needs with the resources available. Agency/Group/Organization Chula Vista Community Collaborative Services-Children Organization Type Services-homeless 2 Homeless Needs - Chronically homeless Section of Plan Addressed Homeless Needs - Families with children Non-Homeless Special Needs How Consulted/Anticipated Outcomes/ Areas The City partners with this organization to provide services to the most vulnerable of Improved Coordination of our community. The City consulted with the organization by distributing a survey containing the proposed Housing and Community Development funding priorities. In addition, the City receives quarterly updates on the services provided by the organization to meet the needs with the resources available. Agency/Group/Organization Family Health Centers of San Diego Organization Type Services - Health 3 Section of Plan Addressed Homeless Needs – Families with children Non-Homeless Special Needs How Consulted/Anticipated Outcomes/ Areas The City partners with this organization to provide services to the most vulnerable of Improved Coordination of our community. The City consulted with the organization by distributing a survey containing the proposed Housing and Community Development funding priorities. In addition, the City receives quarterly updates on the services provided by the organization to meet the needs with the resources available. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 119 Agency/Group/Organization Meals-on-Wheels Organization Type Services - Elderly 4 Section of Plan Addressed Non-Homeless Special Needs How Consulted/Anticipated Outcomes/ Areas The City partners with this organization to provide services to the most vulnerable of Improved Coordination of our community. The City consulted with the organization by distributing a survey containing the proposed Housing and Community Development funding priorities. In addition, the City receives quarterly updates on the services provided by the organization to meet the needs with the resources available. Agency Types not consulted and provide rationale for not consulting: Not applicable. No major agencies involved in housing or community development were intentionally excluded from consultation. Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? San Diego City and San Diego Regional Increase progress towards ending chronic County Governance Continuum of Care homelessness-Increase housing stability Charter Council Increase project participants income- Increase number of participants receiving main stream benefits-Rapid rehousing Coordination with ESG Entitlement Jurisdictions Coordinated Assessment efforts ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 120 AP-12 PARTICIPATION – 91.105, 91.200(C) Summary of citizen participation process/Efforts made to broaden citizen participation Information regarding the CDBG, HOME and ESG programs, applications for funding, resources, and local program contact information were all posted on the City website. Public notices were published in local newspapers both in English and Spanish and sent out via social media, such as Nixle, Twitter, and Facebook, to inform the public of public meetings, public hearings and document public review periods, including the 2015/16 Annual Action Plan containing the proposed activities for the program year. Copies of the public notices are included with the Plan in Exhibit “A” (Public Notices). ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 121 Citizen Participation Outreach Table 2. Citizen Participation Outreach Mode of Target of Summary of Comments Comments not Order URL (If applicable) Outreach Outreach response/attendance received accepted 1 Newspaper Ad Non-Notice of Funding No comments; Not applicable. Not applicable. in English targeted/ Availability however 24 Broad funding Community requests received. Newspaper Ad Non-Notice of Public Hearing In 2 None Not applicable. Not applicable. in English targeted/ Star News Broad Community Facebook, Nixel, Twitter 3 Social Media Non-None. Not applicable. No Not applicable. announcing funding Outletstargeted/ comments rejected. Broad availability and request for Community public participation 4 Public Hearing Non-Public Hearing conducted on None Council agreed with Not applicable. targeted/ to present the housing and the proposed goals. community development Broad goals. Community 5 Newspaper Ad Non-Notice of Public Hearing in None Not applicable. Not applicable. in English targeted/ Star News to solicit input on Broad The City’s housing and Community community development needs and Public Review Period Public Hearing conducted on 6 Public Hearing Non-None Council agreed with Not applicable. targeted/ to present the housing and the proposed goals. Broad community development Community goals. 7 Public Review Non- 30-Public Review Period None Not applicable. Not applicable. Period targeted/ Broad Community ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 122 AP-15 EXPECTED RESOURCES – 91.220(C)(1,2) Introduction The City of Chula Vista is a CDBG, HOME, and ESG Entitlement jurisdiction and anticipates receiving $1,920,628 in CDBG funds, $642,150 in HOME funds, and $159,265 in ESG funds for FY2015. The City of Chula Vista does not receive Housing Opportunities for Persons with AIDS (HOPWA) programs. Refer to the County of San Diego (www.sdhcd.com) and City of San Diego (www.sandiego.gov) Annual Action Plans for more details on the goals and distribution of HOPWA funds. For program income, the City does not anticipate a steady stream of program income over the course of this Consolidated Plan. During the last five years, the level of program income received varied widely from $50 to $75,000. Program income received from the repayment of rehabilitation loans (CDBG and HOME), First Time Homebuyer loan, and residual receipt payments will be automatically re-programmed for loan activities in those same or similar programs from which the funds were originally provided to the greatest extent possible. If additional program income funds are received that are not automatically re-programmed, specific projects will be identified during the mid-year re-allocation process or Annual Action Plan. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 123 increase less than 80% of the Area Median CalHome provides downpayment The City received a slight increase and closing costs assistance to First Time Homebuyers earning 124 0 ¦¤ Narrative Description in funding from prior years.in funding from prior years. The City received a slight . Income inder of Consolidated $0$0$0$0 $0 Available Expected Amount $ Plan a Rem ) approx. 628 $1,000,000 $900,000 ( 642,150$159,265 , 1,920 Total: $ $$ Amount Available Year 1 Resources: $ Prior Year $0 $0 $0$0$0 Expected Program Income: $ $0$0$0$0$0 Allocation: $ Annual 1,920,628$1,000,000 $900,000 ) $642,150265 approx. 9, $15 $( profit Organizations that serve *Homeless Prevention Priority Table Housing Housing Services Public Improvements low and moderate income persons First Time Homebuyer Program - family *Rapid Re Tenant Based Rental Assistance Uses of Funds *HMIS - New Construction of Multi Homeowner Rehabilitation Economic Development Program AdministrationHomebuyer Assistance Homebuyer Assistance – Expected Resources - Fair Housing Services Non Fair Housing Testing Community Policing Improvements Shelter Outreach *Park Improvements - Public Facilities Public Services AdministrationAdministration Rehabilitation Acquisition Shelter ADA Packet Source of Funds Federal Federal Federal State State !¦¤£ Table 3. ΑΏΐΕȃΏΔȃΐΏ HCD Parks CalHOME Program Related HOME Grant CDBG ESG Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied. To address the priority needs and specific objectives in the 2015-2019 Consolidated Plan, non-profit, for profit and non-profit developers, or residents may apply for and receive the following federal and state funds: Section 8 Housing Choice Voucher Program Low Income Housing Tax Credits Community Development Block Grant funds Emergency Solutions Grant Funds (Federal and State) Home Investment Partnership Act funds Public Housing Assistance McKinney-Vento funds Private funds As of February 2016, 3,224 households are currently being assisted with Section 8 funds. The City does not receive a direct allocation of McKinney-Vento Act funds. However, South Bay Community Services currently receives these funds to assist Chula Vista residents with transitional housing. The City of Chula Vista has relied heavily on the use of LIHTC to leverage funds from private developers to build affordable housing in the City. Since 1993, the City has 18 properties that were awarded LIHTC for a total production of 1,846 low-income units. Most recently, in 2014, Lofts on Landis received 9% LIHTC. This project was completed in January 2016. The City will continue to support applications to the California tax Credit Allocation Committee for projects that benefit Chula Vista residents. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 125 Vouchers Project 126 HUD 0 ¦¤ Yes Yes Yes Yes No No No No No No No No No No No No No Redev. Project Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No Inclusionary (yes or no) Housing Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No Income Units: - 118131269149105 105 167141141 Low 283988184191413299 Units: Total 119132271150106 132 168143143 100 2840911842924233 Project Code: 919119191091913919119191191911919139191591911919119191191915919119191191915919109191091911 ZIP Project State: CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA 1250 SANTA CORA 1201 MEDICAL 2122 BURDOCK WAY 1325 SANTA RITA E 1025 BROADWAY 1689 BROADWAY 1501 BROADWAY 171 PALOMAR ST Project Address: 845 BROADWAY 2155 CORTE VIS 1764 JAVA WAY 555 OXFORD ST 1246 3RD AVE 1260 Third Ave 750 ADA ST 1280 E J ST 240 Landis 288 F St. SOUTH BAY COMMUNITY VILLAS OXFORD TERRACE APARTMENTS BRISA DEL MAR VILLAGE APTS. TERESINA AT LOMAS VERDES RANCHO BUENA VISTA APTS. PARK VILLAGE APARTMENTS VILLA SERENA APARTMENTS LOS VECINOS APARTMENTS SENIORS ON BROADWAY PALOMAR APARTMENTS Congregational Tower LANDINGS PHASE 2 CORDOVA VILLAGE TROLLEY TERRACE Lofts On Landis Project Name: ST REGIS PARK Garden Villas LANDINGS CAA1993195 CAA1998105 CAA1999575 CAA1999635 CAA2000535 CAA2000660 CAA2003490 CAA2005495 CAA2005730 CAA2007525 CAA2008600 CAA2008805 CAA2009250 CAA2009615 CAA2011235 Packet CAA2012896CAA2013182CAA2014854 Number: !¦¤£ HUD ID ΑΏΐΕȃΏΔȃΐΏ In 2013, the U.S. Department of Housing and Urban Development updated the HOME Investment Partnerships Program (HOME) regulations. This may severely impact the ability to complete certain types of affordable housing development projects within the City of Chula Vista. The new funding regulations state that before the City can commit its HOME funds, the project Sponsor or Developer must obtain funding commitments from all of the other funding sources before the City is allow to count those funding commitments in meet HUD’s timeliness deadline. The City of Chula Vista will continue to work with Sponsors and Developers to ensure that the City’s ability to provide funding to support the development of affordable rental housing is not impacted by this new rule. The new rule does not affect the City’s ability to fund smaller projects that do not rely on substantial private and State funding sources such as Low Income Housing Tax Credits and Tax Exempt Bond financing projects. The new rule also does not impact the City’s ability to fund a Tenant Based Rental Assistance Program. The City of Chula Vista has successfully leveraged funds from federal, state, local and private resources to complete several Capital Improvement Projects (CIP) and affordable housing developments in the City’s low income communities. The most recent CIP project with leveraged funds is the Third Avenue Streetscape Project. The most recent affordable housing development with leveraged funds, Lofts on Landis, completed in January 2016. This development used LIHTC, private financing to construct 33 affordable units. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City as Successor Housing Agency to the former Redevelopment Agency (RDA), has a number of vacant properties that may be used to support additional economic development activity within the City of Chula Vista. A developer may propose a mixed use project that includes an affordable housing component. However, at the time of this report, the City’s Successor Agency (former Redevelopment Agency) is working on its Long Range Planning goals for the use of these properties. If the properties were purchased using Low and Moderate Income Housing funds and under the control of the Chula Vista Housing Authority, acting as the Successor Housing Agency, then there is already a requirement that the resale of these properties must be used to further the goals of the City in the development of additional affordable housing units. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 127 128 0 ¦¤ financial assistance to Rental Units rehabilitated: 4 Availability of Service to all landlords seeking services Chula Vista residents and Housing, Low Income for Public Services activities: - First Time Homebuyers: 5 Availability/Accessibility Household Homeowner 50 Prevention and Rapid Re Goal Outcome Indicator Low/Moderate Income Availability/Accessibility Extremely Low Income CDBG: Public Services Persons for Homeless activities that benefit New Construction of Affordable Housing: Emergency Shelter. persons, ESG funds: Rehabilitation: 15 Direct units $500,000 CDBG: $245,000 100,000 CDBG: $35,000 improvements) $150,000 $15,000 infrastructure (approximate) payment for Section 108 $1,000,000 (includes a $ HOME: Funding : CDBG: ESG: CDBG Community Services and Community Services and Provide homeownership Housing housing (preservation), assistance, assist in the Conserve and improve Supportive Services Supportive Services Provide funding for affordable housing existing affordable Needs Addressed Provide Needed Provide Needed development of Promote Equal Infrastructure and Opportunity Facilities (LMA) or projects Income Persons Geographic Area Census Tracts Low Income serving Low Citywide wide City wideCity wide (LMC) - City Needs Populations, Senior Tenant Landlord Services, Affirmatively Further Fair Community Development OBJECTIVES Homeless, Special Services, Non Housing Fair Housing Services, Affordable Housing Homeless Services Housing Choice Housing Category -- Goal Description 20 ANNUAL GOALS AND NonNon End 20172017201720172017 Year Start 20162016201620162016 Year Annual Community and Care System for Provide Decent and Affordable Promote Equal Infrastructure Continuum of Facilities and the Homeless Opportunity Community Supportive Goal Name Housing Services Support Provide Provide Packet !¦¤£ Table 4. - Goal AP ΑΏΐΕȃΏΔȃΐΏ # 12344 The City has a detailed list of approved Capital Improvement Projects that demonstrate a general public need but, due to the loss of redevelopment, funding is scarce. Federal funds are used to serve the target community, meet the established goals for these funds, and to serve the greatest number of members of the community. The City will use its existing HOME Investment Partnership funds to provide First Time Homebuyer assistance, Acquisition and Rehabilitation of existing housing stock for affordable housing, preservation of affordable housing, and new construction of affordable housing. For public services, the City utilizes CDBG funds. CDBG regulations, limit the amount the City can spend on public services and is capped at 15% of the City’s annual entitlement (currently at $245,000). The City provides funding to non-profit organizations that demonstrate an ability to provide needed services that directly benefit the residents of the Chula Vista. The use of the City of Chula Vista CDBG funds for public services enables non-profit organization and City Departments to leverage these funds with other funding sources for projects and activities that serve the greatest number of residents with the limited amount of funding. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 129 AP-35 PROJECTS – 91.220(D) Introduction For FY 2016/17, the City will receive $1,920,628 in CDBG entitlement funds. If Congress readjusts the City’s allocation, the percentage increase or decrease in funding will be allocated among the Annual Action Plan’s Capital Improvement Project. The City will also receive $642,150 in HOME funds and $159,625 in Emergency Solutions Grant funds. Table 5. CDBG Project information for 2016/2017 1 DSD Housing DivisionCDBG Administration $ 349,126 2 DSD Housing DivisionFair Housing Services $ 35,000 F.R.C. Emergency and Basic 3 C.V. Community Collaborative$ 39,312 Services 4 San Diego Food Bank Food 4 Kids Backpack Program $ 15,000 5 Meals on Wheels Home Delivered Meals for Seniors $ 12,000 6 South Bay Community ServicesSouth Bay Food Program $ 10,000 7 Interfaith Shelter Network Rotational Shelter Network $ 11,000 Family Health Centers of San KidCare Express Mobile Medical 8 $ 27,000 Diego Unit Family Violence Treatment 9 South Bay Community Services$ 39,000 Program 10South Bay Community ServicesAt-Risk and Homeless Youth Svcs.$ 39,550 11Recreation DepartmentTherapeutic Program$ 20,100 Norman Park Senior Center 12Recreation Department$ 30,000 Services 13Public Works DepartmentPalomar and Orange Sidewalk $ 400,000 Holiday Estates Park 14Public Works Department$ 83,682 Improvements 15DSD Housing DivisionHousing Services $ 50,000 16DSD Housing DivisionSection 108 Payment $ 759,858 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 130 Table 6. HOME Project information for 2016/2017 17DSD Housing DivisionHOME Admin. & Planning $ 64,215 18DSD Housing DivisionProduction of Affordable Housing $ 577,935 Table 7. ESG Project information for 2016/2017 19DSD Housing DivisionESG Admin. & Planning$ 11,945 20South Bay Community ServicesCasa Nueva Vida I $ 63,777 21South Bay Community ServicesHMIS $ 7,663 22DSD Housing DivisionRapid ReHousing Program $ 75,880 Reasons for allocation priorities and any obstacles to addressing underserved needs The City Council of Chula Vista approved the funding priorities for the FY 2015-2019 Five Year Consolidated Plan in November 2014, which forms the basis for establishing objectives and outcomes in the FY 2016-2017 Action Plan are as follows: CDBG funded Public Services Activities The funding methodology consists of a three-tier approach, classifying each of the activities in the following three categories for Public Services activities: Tier I: Basic/Essential Needs (Food, Housing, Emergency Services) Tier II: Special Needs (At-Risk Youth, Family Violence, Special Needs/Disabled) Tier III: Other (Transportation Services, Case Management, Preventative Health Care Services, Crime Prevention (for non-at risk populations) Recreation (non-disabled, non- emergency services) CDBG-Funded Capital Improvement Projects The funding methodology consists of the following: Be shovel ready Project can be completed within 12 months Meet one of the three national objectives for the use of CDBG funding. There are no anticipated obstacles (i.e. environmental concerns, community opposition, funding gaps to complete the project. Other Criteria: Project should be listed in the Capital Improvement Budget approved by City Council and preferably on the City’s Critical Needs List. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 131 AP-38 PROJECTS SUMMARY PROJECT SUMMARY INFORMATION Table 8. Projects Summary 0±®©¤¢³ . ¬¤ City of Chula Vista -DSD Housing: CDBG Planning/Administration 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Planning/Administration .¤¤£² !££±¤²²¤£ Grant administration Funding $349,126 Description N/A 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ 1 ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² N/A ,®¢ ³¨® $¤²¢±¨¯³¨® N/A 0« ¤£ !¢³¨µ¨³¨¤² Funds will be used for the staff costs associated with the management and administration of Chula Vista's CDBG program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 21A -General Program Administration (570.206) 0±®©¤¢³ . ¬¤ City of Chula Vista -DSD Housing: Fair Housing Services 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Planning/Administration 2 .¤¤£² !££±¤²²¤£ Compliance with HUD mandated fair housing services. Funding $35,000 Description N/A 4 ±¦¤³ $ ³¤ June 30, 2016 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 132 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² N/A ,®¢ ³¨® $¤²¢±¨¯³¨® N/A 0« ¤£ !¢³¨µ¨³¨¤² Cities receiving CDBG funds have the obligation to affirmatively further fair housing by providing fair housing related services which include anti-housing discrimination and tenant-landlord education services to advise persons of their rights under the Fair Housing Act. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 21D - Fair Housing Activity LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ Chula Vista Community Collaborative: Family Resource Center Emergency and Basic Services 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to low/moderate income persons. Funding $39,312 Description Services to Low/Moderate Income Persons 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ 3 ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² 325 ,®¢ ³¨® $¤²¢±¨¯³¨® Beacon FRC (540 G Street), New Directions (915 Fourth Avenue), Fair Winds (1450 Loma Lane), Rayode Esperanza (1671 Albany Avenue), Open Door (480 Palomar Street) 0« ¤£ !¢³¨µ¨³¨¤² Low income and vulnerable families in Chula Vista will be provided emergency and basic needs services. Families in crisis or emergency situations will be provided with emergency food boxes, grocery store gift cards, clothing, uniforms, ancillary and transportation services as well as an assessment for additional and ongoing services. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 133 %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05 - Public Services \[570.201(e)\] LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ Jacobs & Cushman San Diego Food Bank: Food4Kids Backpack Program 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to low/moderate income children. Funding $15,000 Description Services to Youth 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² 75 4 ,®¢ ³¨® $¤²¢±¨¯³¨® John Montgomery Elementary (1601 Fourth Avenue); Harborside Elementary (681 Naples Street); CJ Lauderbach Elementary (390 Palomar Street)13204, 13309, 13203 0« ¤£ !¢³¨µ¨³¨¤² The Food4Kids Backpack Program provides food to elementary school children who receive free/reduced-price school meals during the week but risk hunger during the weekends when school meals are unavailable. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05D - Youth Services LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ Meals on Wheels: Senior Care in the City of Chula Vista 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ 5 Services to the elderly. Funding $12,000 Description Services to Elderly Persons 4 ±¦¤³ $ ³¤ June 30, 2016 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 134 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 230 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® City-wide 0« ¤£ !¢³¨µ¨³¨¤² The program will deliver approximately 125,925 meals to 230 unduplicated homebound seniors living in the City of Chula Vista accompanied by daily welfare/safety checks with referrals if necessary and daily social visits in the home. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05A -Senior Services LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ South Bay Community Services: South Bay Food Program 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to low/moderate income persons. Funding $10,000 Description Services to Low/Moderate and Homeless Persons 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 6 400 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® 0« ¤£ !¢³¨µ¨³¨¤² The South Bay Food Program includes Thursday's Meals (weekly hot meals), a community distribution (operating out of 707 F Street and Castle Park Middle School), and SBCS' In-House Emergency Food Program, for homeless and needy Chula Vista families/residents in need. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05 - Public Services \[570.201(e)\] LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ Interfaith Shelter Network: Rotational Shelter Network 7 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 135 '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to homeless persons. Funding $11,000 Description Services to Homeless Persons 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² 30 Location Description City-wide 0« ¤£ !¢³¨µ¨³¨¤² The project will provide seasonal, night-time emergency shelter to homeless low-to-moderate income families and individuals and services to assist moving individuals and families towards transitional or permanent housing. Shelter guests are referred to sub-contracted social service agencies for intake, screening, and on- going case management. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05 - Public Services \[570.201(e)\] LMC - Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ Family Health Centers of San Diego: Mobile Medical Unit 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to low/moderate income persons. Funding $27,000 Description Services to Low/Moderate Income Persons 8 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² 500 ,®¢ ³¨® $¤²¢±¨¯³¨® City-wide ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 136 0« ¤£ !¢³¨µ¨³¨¤² The Mobile Medical Unit provides high-quality healthcare to low/moderate income persons, including homeless individuals and families. The MMU is a licensed medical clinic that provides full primary care medical services and referrals; thereby eliminating financial, cultural, linguistic, and transportation barriers to preventive healthcare. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05M -Health Services LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ South Bay Community Services: Family Violence Treatment Programs 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to victims of domestic violence. Funding $39,000 Description Services to Battered/Abused Persons 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ 9 ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 300 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® 0« ¤£ !¢³¨µ¨³¨¤² The Family Violence Treatment Program provides therapeutic counseling and crisis intervention services to adult and children victims of family violence. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05G - Battered and Abused Spouses LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ South Bay Community Services: Services for Homeless Youth/Youth in Transition 10 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 137 .¤¤£² !££±¤²²¤£ Services to low/moderate income youth. Funding $39,550 Description Services to Youth 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² 45 ,®¢ ³¨® $¤²¢±¨¯³¨® 430 F Street 0« ¤£ !¢³¨µ¨³¨¤² SBCS provides housing and supportive services including case management, mental health counseling, independent living skills and employment development for homeless youth and youth in transition. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05D - Youth Services LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ City of Chula Vista-Recreation: Therapeutic Recreation Program for Adult with Severe Disabilities 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to the disabled. Funding $20,100 Description Services to Disabled/Special Needs Persons 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ 11 ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 50 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® City wide 0« ¤£ !¢³¨µ¨³¨¤² The program provides adults (18+) with severe disabilities the opportunity to participate in recreational programs that are designed to build social skills, self-esteem, physical coordination, independence, sportsmanship, and increase their quality of life. Programs include sports, dance classes, creative and enrichment activities, exercise and fitness classes, special events, camps, and swim lessons all offered in a fun, safe and supportive environment. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 138 %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05B - Handicapped Services LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ City of Chula Vista-Recreation: Senior Services 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to the elderly. Funding $30,000 Description Services to Elderly Persons 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 300 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² 12 ,®¢ ³¨® $¤²¢±¨¯³¨® 270 F Street 0« ¤£ !¢³¨µ¨³¨¤² Funding would provide a multitude of services and support programs to the elderly in Chula Vista. The grant funds will focus on providing a holistic approach to the health and wellbeing of the elderly by providing them with a number of opportunities for fun, educational, health and fitness, social, skill building and recreational programs that will increase their quality of life. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05A -Senior Services LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ City of Chula Vista -Public Works: Palomar Street & Orange Avenue Sidewalk and Street Project 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Capital Improvement Project/Facility Improvement 13 .¤¤£² !££±¤²²¤£ Infrastructure improvements in low/moderate income areas. Funding $400,000 Description Services to Low/Moderate Income Residents 4 ±¦¤³ $ ³¤ June 30, 2016 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 139 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 5,985 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® Census Tract 13206 0« ¤£ Activities The project segments of Palomar Street (Orange Avenue to Fifth Avenue) and Orange Avenue (Palomar Street to Fifth Avenue) have missing curb, gutter, sidewalk, and non-American Act compliant pedestrian ramps. The proposed project will provide for the construction of the missing pedestrian and ADA compliant facility on the above segments and a traffic signal upgrade on Palomar Street and Orange Avenue. These segments ranked #1 and #3 in priority in the Chula Vista Pedestrian Master Plan and are within the CDBG eligible low/moderate income areas in western Chula Vista. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 03L - Sidewalks \[570.201(c)\] LMA - Area Benefit \[570.208(a)(1)\] 0±®©¤¢³ . ¬¤ City of Chula Vista Public Works: Holiday Estates Park Improvements 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Capital Improvement Project/Facility Improvement .¤¤£² !££±¤²²¤£ Park improvements in low/moderate income area. Funding $83,682 Description Services to Low Moderate Income Residents 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ 14 ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 1,405 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® Census Tract: 133071 0« ¤£ !¢³¨µ¨³¨¤² Funds will be used to complete improvements to a park located in the Connoley Area in Western Chula Vista. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 03 - Public Facility Improvements \[570.201(c)\] LMA - Area Benefit \[570.208(a)(1)\] 0±®©¤¢³ . ¬¤ 15City of Chula Vista -DSD Housing: Housing Services ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 140 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Housing Projects .¤¤£² !££±¤²²¤£ Affordable housing opportunities. Funding $50,000 Description Services to low/moderate income households 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ N/A ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® To be determined 0« ¤£ !¢³¨µ¨³¨¤² 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. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 15J - Housing Services \[570.201(k)\] LMH -Low/Mod Households \[570.208(a)(3)\] 0±®©¤¢³ . ¬¤ City of Chula Vista -DSD Housing: Section 108 Debt Service Payment 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Capital Improvement Project/Facility Improvement .¤¤£² !££±¤²²¤£ Debt service obligation. Funding 16 $759,858 Description Services to N/A 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ N/A ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 141 0« ¤£ !¢³¨µ¨³¨¤² Funds will be used for the debt service payment of the $9.5million Section 108 Loan which was received in 2007 for the Castlepark Infrastructure Program. The project consisted of completion of 11 new streets, including: sidewalks, curbs, gutters, lighting and signage. This represents year nine of the twenty year term loan. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 19F - Planned Repayments of Sec. 108 Loans LMA - Area Benefit \[570.208(a)(1)\] 0±®©¤¢³ . ¬¤ City of Chula Vista -DSD Housing: HOME Planning/Administration 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ N/A .¤¤£² !££±¤²²¤£ Grant administration. Funding $64,215 Description Services to N/A 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 17 N/A ¥±®¬ ³§¤ ¯±®¯®²¤£ activities ,®¢ ³¨® $¤²¢±¨¯³¨® N/A 0« ¤£ !¢³¨µ¨³¨¤² Funds will be used for the staff costs associated with the management and administration of Chula Vista's HOME program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 21A -General Program Administration (570.206) 0±®©¤¢³ . ¬¤ City of Chula Vista -DSDHousing: Production of Affordable Housing 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Housing Projects 18 .¤¤£² !££±¤²²¤£ Affordable housing opportunities. Funding $577,935 Description Services to Unknown at this time ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 142 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ Unknown at this time. ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® Unknown at this time. 0« ¤£ !¢³¨µ¨³¨¤² Funds will be utilized in conjunction with prior year HOME funds for continued funding of affordable housing development, housing site improvements, predevelopment costs and other activities to stimulate housing for lower income persons in the City. Once a project is identified, staff will return to City Council for review and approval of the specific project. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ LMH -Low/Mod Households \[570.208(a)(3)\] 0±®©¤¢³ . ¬¤ City of Chula Vista -DSD Housing: ESG Planning/Administration 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ N/A .¤¤£² !££±¤²²¤£ Grant administration. Funding $11,945 Description Services to N/A 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 19 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² N/A ,®¢ ³¨® $¤²¢±¨¯³¨® N/A 0« ¤£ !¢³¨µ¨³¨¤² Funds will be used for the staff costs associated with the management and administration of Chula Vista's ESG program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 21A -General Program Administration (570.206) 0±®©¤¢³ . ¬¤ 20South Bay Community Services: Casa Nueva Vida I ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 143 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to homeless or persons at risk of homelessness. Funding $63,777 Description Services to Persons at risk of homelessness 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 90 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ,®¢ ³¨® $¤²¢±¨¯³¨® Classified 0« ¤£ !¢³¨µ¨³¨¤² Casa Nueva Vida I offer the only permanent short-term shelter/housing program for homeless family (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 develop an individualized treatment plan, to include any number of services including case management, counseling, employment assistance, childcare, etc, so each client can work to re- establish a self-sufficient lifestyle free from homelessness. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©ective) 03T - Operating Costs Homeless/AIDS Patients LMC -Low/Mod Clientele \[570.208(a)(2)\] 0±®©¤¢³ . ¬¤ City of Chula Vista -DSD Housing: Homeless Management Information System 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² Supported N/A .¤¤£² !££±¤²²¤£ Compliance with HUD mandated reporting requirements. 21 Funding $7,663 Description Services to N/A 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ N/A ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 144 ,®¢ ³¨® $¤²¢±¨¯³¨® N/A 0« ¤£ !¢³¨µ¨³¨¤² The City is required utilize the Homeless Management Information System (HMIS), which is a local information technology system used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Funds will be used to contract with an organization to assist the City. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ N/A 0±®©¤¢³ . ¬¤ City of Chula Vista -DSD Housing: Homeless Prevention/Rapid ReHousing 4 ±¦¤³ !±¤ IDIS does not allow us to enter this information. '® «² 3´¯¯®±³¤£ Public Service .¤¤£² !££±¤²²¤£ Services to persons at risk of homelessness. Funding $75,880 Description Services to Persons at risk of homelessness 4 ±¦¤³ $ ³¤ June 30, 2016 %²³¨¬ ³¤ ³§¤ ´¬¡¤± £ ³¸¯¤ ®¥ ¥ ¬¨«¨¤² ³§ ³ ¶¨«« ¡¤¤¥¨³ 5 ¥±®¬ ³§¤ ¯±®¯®²¤£ ¢³¨µ¨³¨¤² 22 ,®¢ ³¨® $¤²¢±¨¯³¨® City wide 0« ¤£ !¢³¨µ¨³¨¤² HPRP is a rental assistance program designed to help prevent and end homelessness by paying a portion a participants rent; up to a maximum of $1,000 per month and up to a maximum of $1,000 for the security deposit. The tenants portion of the rent is flexible based on their current income. Qualifying apartments must be in the City of Chula Vista and under Fair Market Rent. Apartment size is determined by family size. %«¨¦¨¡¨«¨³¸Ȁ - ³±¨· #®£¤ £ . ³¨® « /¡©¤¢³¨µ¤ȩ 05S - Rental Housing Subsidies LMC -Low/Mod Clientele \[570.208(a)(2)\] ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 145 AP-50 GEOGRAPHIC DISTRIBUTION – 91.220(F) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Map 1: CDBG/HOME Qualifying Areas Rationale for the priorities for allocating investments geographically Discussion Now home to nearly a quarter-million residents, Chula Vista is the second largest city in San Diego County. The City encompasses approximately 52 square miles of land area from San Diego Bay eastward to Otay Lakes and includes most of the land between Sweetwater River to the north and the Otay River to the south. The Bayfront, rivers, hills define Chula Vista. Located minutes downtown San Diego and the U.S-Mexico border Chula Vista has convenient access to the regions cultural, recreational, educational, and business opportunities. If the City has identified capital improvement project funding that can be leveraged with CDBG funds, priority for allocating CDBG funding is given to projects located within an approved HUD qualifying ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 146 census tract and/or census block group, primarily in Western City neighborhoods, See attached map of CDBG Qualifying Census Tracts. For community-wide activities, income verification is used to ensure low-to moderate-income beneficiary levels. Investments in public facilities, including capital improvement projects, and services serving special needs populations and primarily low and moderate income persons can be made throughout the City so long as the activity meets a HUD National objective and there is demonstrated significant benefit to low and moderate income persons. The general basis used for prioritizing investments includes the total number of residents benefited, the urgent need of a given community within the City, environment issues that threaten life or property, the need for improved access, and other important needs of the community as a whole. For public services, the City utilizes 15 percent of its Community Development Block Grant (CDBG) allocation to provide small grants to non-profit organizations that demonstrate an ability to provide needed services that directly benefit the low and moderate income residents of the City of Chula Vista. By directing public service funds as grants to these non-profits, the City is able to leverage its CDBG funds for projects and activities that serve the greatest number of residents with this limited amount of funding. Housing assistance will be available to income-qualified households. Due to aging housing stock in Northwest and Southwest Chula Vista, priority will be given to those households who wish to participate in owner occupied residential rehabilitation programs to maintain safe housing and for revitalization of neighborhoods. New construction of affordable housing will likely occur in East Chula Vista with its available undeveloped land and to provide for a more diverse and varied housing stock in the area. The City has a detailed list of approved Capital Improvement Projects that demonstrate a general public need but, due to budget constraints, funding may not be available for those smaller projects. Priority for allocating CDBG funding is given to capital improvement projects located within an approved HUD qualifying census tract and/or census block group. Capital Improvement Project priorities are assigned based on a number of factors including: the total number of residents benefited; areas of other projects; phase of improvement project; needs assessment results; and budget prioritization of Capital Improvement Projects, assuming the project is within a qualifying census tract. Priorities for CIP projects are addressed by the City Council and the budget for the City during each fiscal year (July 1 to June 30). The City of Chula Vista primarily utilizes the available CDBG funds for repayment of a Section 108 loan payment. However, approximately $350,000 remains to fund Capital Improvement Projects (CIPS) for meeting HUD’s Performance Measurement objectives of creating a suitable living environments for its residents and meeting HUD’s outcome measures that provides increased availability/accessibility to residents. CDBG funds may also be used to address HUD’s Decent Housing objective (servicing clients who earn less than 80% of the Area Median Income) by providing rehabilitation loans or grants to assist owner occupants of single family homes or mobile homes that are built prior to 1980 that are primarily in Western Chula Vista. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 147 AP-55 AFFORDABLE HOUSING – 91.220(G) Introduction Table 9. One Year Goals for the Number of Households to be Supported Homeless 109 Casa Nueva Vida (90 clients), and Interfaith Shelter Network (12), ESG Rapid Re-Housing (7) Non-Homeless10 Special-Needs 0 Total 119 Table 10. One Year Goals for Affordable Housing by Support Type Tenant Based Rental Assistance10 The Production of New Affordable Housing Units-Funding Commitment87 Rehab of Existing Units-Single Family Homes and/or Mobilehomes 10 Acquisition of Existing Units-Purchase an additional property using NSP funds 1 Total 206 Discussion The loss of the Chula Vista Redevelopment Agency has significantly impaired the production of affordable housing in the City of Chula Vista. For FY 2016-2017, or Program Year 2016, the City of Chula Vista’s Successor Housing Agency (CV-SHA) plans to contribute funding available towards the Production of Affordable Housing. For rehabilitation of existing housing units, the City expects to fund ten residential rehabilitation loans to low-and moderate-income homeowners with CDBG funds. The City does not have any plans for acquisition of existing units. The City will continue to leverage its CalHome funds with its HOME funds to assist First-time homebuyers. For Program Year 2016, the City’s One-Year Objectives are: Complete construction of Millenia Affordable Housing Project which will create 87 affordable rental units utilizing HOME funds and an additional 123 units utilizing Chula Vista Housing Authority funds. Provide 5 to 10 homeowner rehabilitation loans (Existing CDBG funds). For mobile-homes the forgivable loan may not exceed $8,500 and for single family homes the assistance may not exceed $24,999; Assist 5 low and moderate income households earning less than 80% of the Area Median Income become First Time Homebuyer loans. This may also include leveraging other assistance programs including CalHOME). HOME assistance may not exceed $70,000. Provide shelter for 119 homeless clients (ESG & CDBG funds); Provide case management and rental assistance funds to homeless persons or at risk of becoming homeless (7 households); ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 148 Assist at risk populations, including displaced households, with up to 12-months tenant based rental assistance (approximately 10 households). AP-60 PUBLIC HOUSING – 91.220(H) This section contains the actions planned during the next year to address the needs to public housing. It also describes the actions to encourage public housing residents to become more involved in management and participate in homeownership. The City of Chula Vista does not operate a public housing agency. The Housing Authority of the County of San Diego (HACSD) serves as the City’s public housing agency for the four Public Housing projects located in the City of Chula Vista. Please refer to the County of San Diego’s 2015-2019 Consolidated Plan and 2016-2017 Annual Action Plan and 2016 Public Housing Plan that describes the planned actions during the next year to address the needs of public housing residents, to encourage participation, and to increase homeownership. Please visit www.sandiegocounty.gov/sdhcdfor more information. AP-65 HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES – 91.220(I) This section describes the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs. Addressing the emergency shelter and transitional housing needs of homeless persons Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Discussion 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; ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 149 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. 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 continues to develop a Strategic Planning Objectives, which serve as the Homeless Strategic Plan for the region. A copy of the Strategic Planning Objectives can be found at the RCCCs website at http://www.sandiegococ.org/ 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. Other Objectives to address these needs includes funding Public Services up to the maximum cap of 15 percent of the annual CDBG entitlement as an available funding source: The following inventory lists some of the homeless resources located in the South Bay area of the region. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 150 Emergency Solutions Grant Program: HUD-funded Emergency Solutions Grant Program provides funding for shelter outreach, emergency shelter, HMIS services, and Homeless Prevention and Rapid Re-Housing. 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. TRANSITIONAL HOUSING/HOMELESS SHELTERS The City will continue to assist homeless service providers proposing to construct transitional housing or homeless shelters in Chula Vista and find appropriate sites for development. Developers are encouraged to review the 2013-2020 Housing Element includes potential sites or zones for development or to schedule a consultation meeting with Planning and Housing staff. The City will also continue to participate in sub-regional efforts to provide these facilities. The City may assist in the development of these types of projects using the following funding sources: City’s affordable housing in-lieu fund. Community Development Block Grant Home Investment Partnership Act funds (note these funds cannot be used to build emergency shelters) Low Moderate Income Housing fund Funding for on- going operational costs may be include the following funding sources: Emergency Solutions Grant (note: cannot be used for transitional housing) Community Development Block Grant (note: public service funds are limited) Supportive Housing Program State Funding Charitable foundations Fund raising ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 151 AP-75 BARRIERS TO AFFORDABLE HOUSING – 91.220(J) INTRODUCTION: Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. DISCUSSION: The City of Chula Vista works to remove barriers to affordable housing and the financial impacts of efforts to protect public health and safety by taking actions to reduce the costs or provide off-setting financial incentives to assist in the production of safe, high quality, affordable housing. For FY 2016-2017, the City plans to set-aside $600,000 for the production of affordable housing activities including new rental housing and programs. In the past, the City has used HOME funds for the production of affordable housing, first time homebuyer program and tenant based rental assistance. The City will support developers for the creation of affordable rental housing, and residents who seek funding opportunities to become first time homebuyers. The following measures may be taken to alleviate the barriers to affordable housing: Apply for State and federal funding to gap finance affordable housing production and rehabilitation of existing affordable housing stock. Continue to support applications for Tax Exempt Bond financing from the California Debt Limit Allocation Committee. Continue to support applications for Low-Income Housing Tax Credits from the California Tax Credit Allocation Committee. Continue to streamline the environmental review process for housing developments, using available state categorical exemptions and federal categorical exclusions, when applicable. Also, send staff to CEQA and NEPA trainings as needed to gain expertise in the preparation of environmental review documents. Continue to apply for State funding to assist First Time Homebuyers. Continue to improve the permit processing and planning approval processes to minimize delay in housing development in general and affordable housing development in particular. Continue providing rehabilitation assistance and homeownership assistance, and to assist in the construction and preservation of affordable housing. Encourage public participation when a proposed project is being considered for approval. Implement policies and strategies identified in the 2013-2020 Housing Element. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 152 AP-85 OTHER ACTIONS – 91.220(K) INTRODUCTION: HUD requires that cities receiving block grant funds take actions to affirmatively further fair housing choice. Fair housing choice is achieved by ensuring that persons are not denied housing opportunity because of their race, ethnic origin, religion, disability, or familial status (family with children). Cities report on the progress of affirmatively furthering fair house choice by completing an Analysis of Impediments (AI). The AI is a review of the nature and extent of impediments to fair housing choice in the San Diego County and the City of Chula Vista. The last two AIs have been produced in collaboration with the San Diego Regional Alliance for Fair Housing (SDRAFH), formerly known as the Fair Housing Resources Board (FHRB). The SDRAFH is a dedicated group of professionals who work together to ensure that all residents in San Diego County have equal access to housing. It is comprised of members of the fair housing community, local jurisdictions, enforcement agencies and housing providers. This group leverages the region’s CDBG funds to produce the AI for the region. The SD RAFH completed an Analysis of Impediments to Fair Housing Choice (AI) for the period of 2010 through 2015. The City of Chula Vista is an active member of the San Diego Regional Alliance for Fair Housing and serves as the member of the Steering Committee. The City of Chula Vista affirmatively furthers fair housing by contracting for the provision of fair housing services and conducting fair housing testing to detect any fair housing violations. The services include education and outreach to residents and housing providers, assistance with submitting fair housing complaints to HUD, legal services, and tenant/landlord mediation. The City has also entered into a contract for non-complaint based testing to determine if housing providers are engaging in discriminatory practices in violation of federal and state fair housing laws. The City continues to work collaboratively with local jurisdictions who serve on the Fair Housing Resources Board and our fair housing provider to overcome the impediments identified in the 2010- 2015 Regional San Diego Analysis to Impediments to Fair Housing Choice (AI). City staff also provides technical support to the SDRAFH by serving as a member. Below are the impediments that were part of the 2015 update to the San Diego Regional Analysis of Impediments to Fair Housing Choice. Various land use policies, zoning provisions, and development regulations may affect the range of housing choice available. Recent Changes to Density Bonus Law: The City of Chula Vista is required to amend its zoning ordinance(s) to reflect SB 1818 requirements of Density Bonus law that are effective January 1, 2015 (AB 2222) regarding replacement requirements and extended affordability covenant to 55 years. City response: The City is aware of the update and plans to submit an update its Zoning Ordinance by 2016. Large Residential Care Facilities (for Seven or More Persons): The zoning ordinance of Chula Vista does not contain provisions for larger residential care facilities. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 153 City response: The City is aware of the zoning requirement and plans to update its Zoning Ordinance by 2016. The City of Chula Vista has recently approved the following Residential Care Facilities: St. Paul’s Plaza at Otay Ranch (built in 2015) Westmount at San Miguel Ranch (built in 2014) ActiveCare at Rolling Hills Rach (built in 2013) Emergency Shelters: the City of Chula Vista does not have adequate provisions for emergency shelters in its zoning ordinances. City Response: The City is aware of the zoning requirement and plans to update its Zoning Ordinance by the end of 2015. As required by Housing Element law, the City is required to update its zoning ordinance. Transitional and Supportive Housing: Chula Vista does not have zoning ordinances that permit transitional and supportive housing consistent with the requirements of SB 2. City response: The City of Chula Vista anticipates completing this update by 2016. Farmworker Housing/Employee Housing: Most jurisdictions in San Diego have no provisions for farmworker or employee housing in their zoning ordinances. City response: The last parcel of farmland was sold in 2014. Farmworkers can apply for the Brisa del Mar affordable housing project that has units set aside for Farmworker’s. The City is proud to report that it has eliminated a few of the impediments to fair housing choice as stated in previous AIs due to the 2015 update. Some of the impediments are carried over to the 2010- 2015 AI, but primarily are planning functions/administrative actions and are tied to Housing Element Law and/or State Legislation. The City has been working on addressing these impediments since they were identified in 2010. The City expects to eliminate these impediments by 2017. The City will continue to affirmatively further fair housing using its CDBG Administration funds (subject to HUD’s funding cap) through the following approaches: Continue to participate in the regional San Diego Regional Alliance for Fair Housing (SD RAFFH) and continue address the 2010 and 2015 update to the San Diego Regional Analysis of Impediments (AI) to Fair Housing Choice; Provide content updates for the San Diego Regional Alliance for Fair Housing website; Conduct non-complaint based testing to determine if housing providers are engaging in discriminatory practices in violation of federal and state fair housing laws; Provide assistance to tenants in completing and submitting HUD fair housing complaint forms Sponsor public awareness and education programs, including Fair Housing Month in April; Distribution of fair housing material in English and Spanish at City offices and community resource centers; Educate landlords and property managers through training workshops; ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 154 Distribute fair housing pamphlets in Spanish and English to tenants and landlords, and make these materials available for general distribution at City facilities, the community resource centers located in low-income neighborhoods, and at The City’s mobilehome parks that are covered by The City’s Rent Review ordinance; and Promote fair housing choice on The City’s website. Actions planned to address obstacles to meeting underserved needs The primary obstacle in meeting the underserved needs is the continued lack of available funding for community development and housing activities, including public services and other programs. Given the federal budget and drastic state budget cuts, local jurisdictions like Chula Vista and the County of San Diego, are being forced to cut social service programs. In Southern California, the continued high cost of living, housing costs for both rental and ownership, and the reduction of funds all combine to create a major obstacle in providing affordable housing that is truly affordable. The City is eager to work more closely with social service providers in order to combine efforts to ensure that the available federal-funds are being used in the most effective way possible. The Chula Vista Community Collaborate continues to hold its City quarterly social service provider meetings in Chula Vista to facilitate networking for solutions to the underserved needs. Actions planned to foster and maintain affordable housing The City has two programs to foster and maintain affordable housing; the Balanced Communities Policy and the affordable housing inspection program. The Balanced Communities Policy fosters the development of affordable housing in that it requires all developers of new for-sale housing units to either provide 10% of those units at affordable prices, or pay a housing in-lieu fee to the City. The Developers also have the option of building affordable rental housing. The City’s inspection program insures that the City’s 2,000+ units of affordable rental housing are maintained in a clean and safe condition and that the incomes of those families living in the different sections of the City have been verified as meeting the limits required by the funding source that help build the units. Actions planned to reduce lead-based paint hazards The City will continue to inform residents applying for loans or grants through its First Time Homebuyer Program and Rehabilitation program about the hazards of lead-based paint. Code Enforcement and building inspectors will continue to identify lead-based paint hazards as part of their ongoing activities, if the scope of the complaint allows them into the unit, or if it is part of an on-going investigation. CDBG and HOME programs require compliance with all of HUD’s regulations concerning lead-based paint. All housing programs operated by the City are in compliance with HUD’s most recent standards regarding lead-based paint. City’s First-Time Homebuyer Program, lead abatement disclosure is the responsibility of the seller, and the City will not participate in any homebuyer assistance if the seller refuses to abate known lead hazards. Each homebuyer is required to obtain an independent third party inspection report. City’s Homeowner Rehabilitation Loan Program meets the federal requirements for providing lead- based paint information with each rehabilitation loan and requiring paint testing of disturbed ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 155 surfaces for lead in all single family homes constructed before 1978. If a home was found to have lead-based paint, the cost of lead-based paint removal is an eligible activity under the homeowner rehabilitation program. City building inspectors are alerted to any housing units that apply for a permit for construction or remodeling, which may contain lead-based paint and other lead hazards. The City of Chula Vista will work closely, if needed, with the County of San Diego’s Childhood Lead Poising Prevention Program (CLPPP), a division of the San Diego Health and Human Services Agency. The CLPPP provides outreach and education programs and case management services for San Diego County residents, including Chula Vista residents. City’s Acquisition Rehabilitation Program and Homeowner Rehabilitation Loan Program guidelines describe the level of abatement that is needed if lead hazards are present. LEAD BASED PAINT REQUIREMENTS AFFORDABLE HOUSING DEVELOPERS Each Developer of affordable rental housing must ensure that all housing constructed, redeveloped, rehabilitated, or acquired with HOME and or CDBG funds must comply with applicable provisions of Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and implementing regulations at 24 CFR part 35, subparts A, B, J, K, M and R upon completion of the development. The chart below summarizes the requirement based on the amount of HOME funds subsidizing each HOME-assisted unit. Table 11. Rehabilitation: Required Activities to Address Lead-Based Paint Description< $5,000 $5,000- $25,000 > $25,000 Approach to Lead Do no harmIdentify and control lead Identify and abate Hazard Evaluation and hazards lead hazards Reduction Notification YesYes Yes Lead Hazard Evaluation to be disturbed by to be disturbed by surfaces to be rehabilitation rehabilitation disturbed by rehabilitation Lead Hazard Reductionntrols disturbed during rehabilitation Ongoing Maintenance For HOME rentalProperties onlyOr HOME-like Programs Funded By Other Sources EBL No No No Options -based -based -based paint paint and/or hazards paint and/or hazards work practices on all surfacestreatmentssurfaces Actions planned to reduce the number of poverty-level families ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 156 As previously stated, the City’s antipoverty strategy of providing safe, affordable housing will assist in reducing the number of poverty level families in Chula Vista based on the following. By providing safe, affordable housing for those on a limited income, those families will be able to live in an environment were no more than 30% of their limited income is spent on housing. In addition, Low Income Housing Tax Credit (LIHTC) funding requires affordable housing developments provide programs (e.g. after school, computer labs, budgeting and language classes) to assist residents in excelling in both school and the work environment. These affordable housing developments thus assist families in moving up the economic ladder by providing the tools that add in their success. LIHTC continues to be the most important source for leveraging the City’s HOME, and CDBG funds for affordable housing development projects. The City is also researching using CDBG funds for economic development during this Consolidated Plan period and will continue to seek funding opportunities including HUD’s Economic Development Partnerships. Actions planned to develop institutional structure Developing institutional and enhancing coordination between public and private agencies: The City of Chula Vista is a member of two key organizations which rely heavily on public and private coordination in the region to address the needs of the low income community members. The Chula Vista Community Collaborative is collaboration among partners and stakeholders in Chula Vista which include; Residents and Parents; Schools and School District Staff; Social Service/Non-profit Agencies; Local Government; Faith-based Community; Health Professionals; and, Business Owners. Together, the Collaborative works to develop coordinated strategies and systems that protect the health, safety, and wellness of its residents as well as share information and resources that strengthen families and communities. Regular meetings are held with the goal of obtaining and sharing information about services, resources, employment and training opportunities, as well as any events accessible to the Chula Vista community. The meetings are a useful venue to network and efficiently coordinate activities with partnering agencies. The City of Chula Vista is also a member of the South Bay Homeless Advocacy Coalition which was formed to address the growing concern for homelessness and the lack of resources available. The goal is to educate the community on these issues and advocate for change to better serve homeless and near homeless families and individuals in our community. The Coalition is comprised of representatives from local government agencies, the school districts, social service agencies, faith based organizations and citizens. Although the City of Chula Vista administers the CDBG, ESG, and HOME programs, the City does engage in contracts with outside agencies for the delivery of services to the public, other than the required fair housing services and funding requests received from City Departments. Non-profits apply for public service funds, capital improvement, and creation of affordable housing. The City monitors the affordable housing programs for all properties in its portfolio including those owned by private parties, under a deed restriction between the City and the respective party. The City has developed a strong relationship with both affordable and for-profit housing developers in not only the creation of affordable units but the ongoing maintenance of the developments as well. Actions planned to enhance coordination between public and private housing and social service agencies ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 157 Non-profit social service agencies continue to play an important role in serving the needs of low-and moderate-income residents in Chula Vista, There is a 15% cap on the amount of public service funds to be used from its CDBG Allocation. The City surveyed social service providers who serve Chula Vista during the needs assessment process and will continue to attend the Chula Vista Community Collaborative meetings to foster networking among the providers. AP-90 PROGRAM SPECIFIC REQUIREMENTS – 91.220(L)(1,2,4) Introduction: The City of Chula Vista, as an entitlement jurisdiction, receives Community Development Block Grant, Home Investment Partnership Act, and Emergency Solutions Grant from the U.S Department of Housing and Urban Development. Described below are the Program Specific Requirements for each of these programs. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 158 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) REFERENCE 24 CFR PART 91.220(L)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for the use that is included in the projects to be carried out. 1. The total amount of program income that will have been received before $100,000 the start of the next program year and that has not yet been reprogrammed 2. The amount of proceeds from section 108 loan guarantees that will be $0 used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the $0 planned use has not been included in a prior statement or plan. 5. The amount of income from float-funded activities $0 Total Program Income $100,000 OTHER CDBG REQUIREMENTS 1. The amount of urgent need activities $0 HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) (REFERENCE 24 CFR 91.220(L)(2) 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 2015/2016 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. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 159 1.A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: Response: None 2.A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Response: The City of Chula Vista will invest its HOME funds in accordance with the forms of assistance listed in §92.205(b)(1). The City will use its HOME funds to assist income eligible household to purchase single-family, condominiums, townhomes in the City of Chula Vista. The assistance will be in the form of loans and each borrower must meet the following conditions: Must income qualify and meet the First Time Homebuyer Program requirements, as detailed in the First Time Homebuyer Manual Assistance is provided in the form of a deferred payment loan that accrues 3% simple interest; The loan documents include provisions to recapture the principal amount and interest upon non-occupancy/transfer of the unit for a specified affordability period; and A HOME Regulatory Agreement will be recorded against the property during the affordability period. In the event upon transfer where the market value is less than time acquisition costs to repay the City loan in full, the City shall apply HUD’s net proceeds formula. 3.A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Response: To ensure affordability, the City requires that each borrower sign a Deed of Trust, Promissory Note, and HOME Regulatory Agreement. These documents provide details to ensure that the borrower is in compliance with the terms and conditions included in those documents. Pursuant to 24 CFR 94.254(a)(ii), the City requires that the HOME funds be recaptured if the housing does not meet HUD’s definition of homeownership. The borrower of HOME funds from the City must continue to occupy the Property as their principal place of residence for the duration of the period of affordability. If all or 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, transferred and Borrower is not a natural person), the loan is due and payable along with any accrued interest. In the event that no Net Appreciation exists at the time of the transfer or open and competitive sale, and no conflict of interest exists, the HOME funds may still be due and payable. In the event that a negative Net Appreciation 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 set forth in 24 CFR 92.254 (a)(ii)(A)(3). The formulas are as follows: HOME investment x Net proceedsHOME amount to be recaptured = ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 160 HOME investment + homeowner investment Homeowner investment x Net proceeds =Amount to homeowner HOME investment + homeowner investment 4.Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: Response: The following are conditions under which the City may 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 (exception may be made for trouble projects, with HUD approval). 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 May be subject to HUD approval. EMERGENCY SOLUTIONS GRANT (ESG) Reference 91.220(l)(4) The City’s ESG grant is small ($153,270 in FY 2015-16). The match obligation is $153,270. South Bay Community Services sub-grant is for $62,277 for Shelter and $78,998 for HMIS services and Homeless Prevention and Rapid Re-Housing activities. A portion of the ESG funds will be used to cover Administration of the grant. 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 $153,270. 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%). Discussion Questions Include written standards for providing ESG assistance Response: The City’s written standards are attached as Exhibit “C”. Response: The City of Chula Vista’s written standards for providing ESG Assistance address the following main topics: ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 161 Standards for providing ESG assistance Centralized assessment system, as approved by the San Diego Regional Continuum of Care The City of Chula Vista grant administration manual and this Annual Action Plan covers the following: Identifies the process for making awards and how the City of Chula Vista intends to make its allocation available to nonprofit organizations The Action Plan describes the performance standards for evaluating ESG activities? The Action Plan describe consultation with each Continuum of Care that serves the jurisdiction in determining how to allocate ESG funds, develop performance standards, evaluate outcomes of activities assisted by ESG funds, and develop funding, policies, and procedures for the administration and operation of the HMIS. Response: The City of Chula Vista has put together four distinct standards, policies, and other programmatic materials that address the five items listed above. The last item is the Strategic Plan developed by the RCCC. The City and RCCC documents include the following: The City of Chula Vista 2015-2016 Notice of Funding Availability The City of Chula Vista’s ESG Written Standards The City of Chula Vista ESG Program Guidelines The City of Chula Vista Administrative Policies and Procedures Manual Governance Charter(2014) San Diego City and County CoC Electronic or hard copies of these documents are available upon request by contacting the City Grant Coordinators. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. Response: The San Diego City and County Continuum of Care (hereinafter referred to as the “CoC” )includes all of the geography within the County of San Diego, including the City of Chula Vista. The City of Chula Vista is required to consult with the CoC on funding priorities using ESG funds. The U.S. Department of Housing and Urban Development (HUD) charges communities that receive funds under the Homeless Continuum of Care Program (hereinafter referred to as “CoC Program”) of the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH Act) with specific responsibilities. Section 578.5ofthe HEARTH Interim Rule published in July2012 (Interim Rule), defines a Continuum of Care (CoC) as “the group organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic and are available to participate.” Relevant organizations in the San Diego CoC Region established the Regional Continuum of Care Council (RCCC) in 1998, which has served as the CoC coordinating body acknowledged by HUD. Planning and operations of the San Diego CoC have ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 162 historically been facilitated through the RCCC, an unincorporated association as defined under Section 18035 of the California Corporations Code. As a result, the general operations of the CoC have been guided through the By Laws, structure, and action of the RCCC. The CoC have adopted the following Governance Charter (Article XI) that describes the oversight of ESG Entitlements within its jurisdiction, as described below: ESG ENTITLEMENTAREAS Emergency Solutions Grants (ESG) are awarded to the San Diego ESG entitlement areas “ESG Area” by the U.S. Department of Housing and Urban Development (HUD) for the purpose of providing Essential Services and Shelter Operations to persons who are homeless or at risk of being homeless in the ESG entitlement Areas. The ESG Area makes these funds available to local service providers, as well as itself, via a Request for Proposals (RFP) process upon notification from HUD of the amount of ESG funds allocated to the ESG Area for the program year. The public notification of the RFP is placed in a local newspaper, on the ESG Area websites and electronically distributed by the Continuum of Care homeless service providers. The ESG Area may reserve up to 7.5 percent of the HUD award to administer the program. The RCCC directly participates with jurisdictions that are directly funded by HUD ESG, with the California State Department of Housing and Community Development for the areas in the region that are eligible for State ESG funds, and with non-entitled areas that prepare Consolidated Plans. In each case, the RCCC consults with the jurisdiction to develop cooperative plans and strategies that leverage ESG and other resources to provide emergency shelter, prevention, and rapid re-housing services. The RCCC assists the ESG entitlement areas (ESG Area) in coordinating the prioritization and use of funds. This coordination includes each ESG area covered by the State of California and the ESG Areas in the San Diego region. The RCCC, as the CoC entity, is responsible for assisting with the evaluation of ESG project performance. In cooperation with RCCC, the ESG Area determines, based on the amount of funding received and the need of the client, the level of assistance and the duration of assistance that a household can receive. The RCCC participates in setting local priorities, reviewing and rating proposals, certifying need, and annual review of ESG programs. The RCCC has prepared an ESG Guide that includes information about the responsibilities of the CoC and ESG area, HUD regulations, cross-jurisdiction strategies, and policy statements. Because the Guide is updated at least annually, the most recent Guide is incorporated in its entirety in the Governance Charter by reference here. oal of ESG is to assist familiesand individuals out of homelessness by providing financial The general g support for rental assistance, payment of utilities, transportation services and other essential services deemed eligible by HUD and necessary for the continued housing of a homeless or at risk of becoming homeless person, and/or families. ESG can be used to fund local homeless emergency shelter operations or physical rehabilitation of certain properties used for serving homeless persons. To this end, the ESG entitlement areas and the RCCC have established the following cross-jurisdictional strategies for use of the ESG funds in ways that: A.Further the accomplishment of actions identified in the Consolidated Plan of each jurisdiction. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 163 B.Foster greater access to permanent housing, especially helping people access housing that is affordable at 30% area median income. C.Leverage existing resources to achieve the match and case management requirements and to avoid duplication of services. D.Coordinate across jurisdictions for development of standardized eligibility and assessment standards and by convening semiannual regional planning meetings. E.Support federal and local goals for priority populations, including but not limited to veterans, persons with disabilities, families, and others. F.Allow for variations in ESG entitlement programs that respond to the needs and resources of the individual jurisdictions G.Comply with eligibility and verification requirements and locally established standards (HMIS, housing status, habitability standards, homeless definitions, etc.). H.Allows each program to take responsibility for program administration including compliance with public notice requirements and timely reporting. I.Encourages all subrecipients to participate in collaborative assessment, coordinated entry, data management, and reporting systems established by the RCCC in accordance with HEARTH regulations. J.Supports timely and accurate data collection and reporting through contractual obligations with subrecipients, and through establishing common standards for vendor relationships with the HMIS Lead. The RCCC plan for ESG assistance recognizes the multiple ESG Areas contained in the San Diego Region. The RCCC works to avoid a duplication of services to ensure subrecipients do not receive multiple grants for the same services in a single service area. Subrecipients serving multiple areas may receive ESG support from the corresponding ESG Area to serve eligible clients from that service area. ESG subrecipients are responsible for assuring the provision of matching resources. The RCCC encourages subrecipients to leverage additional resources for effective operation of ESG programs. The RCCC consults with ESG Areas and sub recipients to coordinate plans for effective use of funds. HUD CoC Program-funded organizations are required to report the sources of match and leverage funds annually. These resources are verified through an annual review of agency Independent Audit as conducted in accordance with HUD regulations. ESGPROJECT RECIPIENTS AND SUBRECIPIENTS ESG project recipients may include non-profit organizations, public housing agencies; or governmental entities that receive HUD CoC Program-funding. Recipients have a grant agreement with and receive funding directly from HUD; subrecipients have agreements with and receive funding from recipients. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 164 ESG recipient and subrecipient organizations certify to ten program assurances concerning: A.Confidentiality; B.Consistency with the applicable Consolidate Plan; C.discharge policies and protocols; D.education assurances for households with children; E.essential services; F.HMIS participation; G.inclusion of homeless persons in decision-making and Section 3 activities as practicable; H.restrictive covenants for facilities receiving ESG funds for renovation or major rehabilitation; I.matching funds; J.safe and sanitary facilities; and K.supportive services. ESG recipient to organizations must meet additional requirements established annually by contractual agreement with the ESG Area; for participation in RCCC review and reporting requirements for project evaluation. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). Response: The City of Chula Vista releases a funding of Notice Availability inviting all non-profit organizations who serve eligible ESG clients to submit a proposal. The process below is included in The City’s Federal Grants Administrative Manual: COMPONENT 1: INTAKE (ON-LINE APPLICATION/PLAN DEVELOPMENT AND SUBMISSIONS) Development and Maintenance of Applicant/Grantee Mailing List Each non-profit organization is provided with a Notice of Funding Availability and a copy of the ESG application (depending on the type of funding request) Staff reviews the submission of completed applications The City acknowledges the receipt of applications COMPONENT 2: EVALUATION City staff reviews applications for eligibility Staff reviews applications with consistency with the Consolidated Plan Goals and Objectives Staff conduct scoring Staff conduct ranking ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 165 COMPONENT 3: AWARD Apportion, allocate, and assign funds Complete environmental review Commitment of funds Negotiate Agreements Issue authorization to incur costs Develop funding agreement COMPONENT 4: GRANT ADMINISTRATION AND DRAWDOWN Set up thresholds and performance measurements Receive and review quarterly performance reports Record matching funds Receive and approve reimbursement requests IDIS drawdowns and approvals IDIS record performance and beneficiary data COMPONENT 5: PERFORMANCE MANAGEMENT/CLOSEOUT Performance baselines Risk assessments Monitoring activities Technical assistance If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. Response: Not applicable. The City has met the homeless participation requirement. Describe performance standards for evaluating ESG. Response: The ESG entitlement areas and the RCCC have established the following cross-jurisdictional strategies for use of the ESG funds in ways that that set performance standards for each subrecipient: Further the accomplishment of actions identified in the Consolidated Plan of each jurisdiction. Foster greater access to permanent housing, especially helping people access housing that is affordable at 30% area median income. Leverage existing resources to achieve the match and case management requirements and to avoid duplication of services. Coordinate across jurisdictions for development of standardized eligibility and assessment standards and by convening semiannual regional planning meetings. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 166 Support federal and local goals for priority populations, including but not limited to veterans, persons with disabilities, families and others. Allow for variations in ESG entitlement programs that respond to the needs and resources of the individual jurisdictions. Comply with eligibility and verification requirements and locally established standards (HMIS, housing status, habitability standards, homeless definitions, etc.). Allows each program to take responsibility for program administration including compliance with public notice requirements and timely reporting. Encourages all subrecipients to participate in collaborative assessment, coordinated entry, data management, and reporting systems established by the RCCC in accordance with HEARTH regulations. Supports timely and accurate data collection and reporting through contractual obligations with subrecipients, and through establishing common standards for vendor relationships with the HMIS Lead. 2015-2019 NEEDS ASSESSMENT PUBLIC COMMENTS During the month of September, the City initiated the public comment period to determine the housing and community development needs of the community. The outreach process included two public meetings, two City Council Public Hearings and a survey (in Spanish and English). A total of 365 surveys were submitted, which included comments detailed in Exhibit “B”. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 167 ANNUAL ACTION PLAN EXHIBITS Exhibit “A”: Public Notices Exhibit “B”: On-line Survey Exhibit “C”: Survey Comments Exhibit “D”: ESG Written Standards Exhibit “E”: Citizen Participation Plan Exhibit “F”: Application for Federal Assistance (HUD Form SF-424) for CDBG, HOME and ESG Exhibit “G”: Certifications Exhibit “H”: Area Income Limits Exhibit “I”: Map – Low/Moderate Income Areas Exhibit “J”: Map – Minority Concentration ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 168 Funding Approval/Agreement U.S. Department of Housing and Urban Development Office of Community Planning and Development Title I of the Housing and Community Community Development Block Grant Program Development Act (Public Law 930383) HI-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424)3. Grantee’s 9-digit Tax ID Number4. Date use of funds may begin (mm/dd/yyyy) 2. Grantee’s Complete Address (as shown in item 5 of Standard Form 424)5a. Project/Grant No. 16a. Amount Approved 5b. Project/Grant No. 26b. Amount Approved 5c. Project/Grant No. 36c. 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 conditions, constitute part of the Agreement. Subject to the provisions of this GrantAgreement, HUD 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 costsincurred after the date specified initem 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 conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specifiedand required in 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 for adherence 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 TitleTitle SignatureDate (mm/dd/yyyy)SignatureDate (mm/dd/yyyy) 9a. Date HUD Received Submission 7. Category of Title I Assistance for this Funding Action8. Special Conditions10. check one (check only one)(check one) a. Orig. Funding (mm/dd/yyyy) a. Entitlement, Sec 106(b)None Approval 9b. Date Grantee Notified b. State-Administered, Sec 106(d)(1)Attachedb. Amendment (mm/dd/yyyy) Amendment Number c. HUD-Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start of Program Year d. Indian CDBG Programs, Sec 106(a)(1) (mm/dd/yyyy) e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development f. Special Purpose Grants, Sec 107 Block Grant FY ()FY ()FY () g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing 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 Title requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Signature HUD Accounting use Only Effective Date BatchTACProgramYARegAreaDocument No.Project NumberCategoryAmount(mm/dd/yyyy)F 1 53 176 YProject NumberAmount YProject NumberAmount Date Entered PAS (mm/dd/yyyy)Date Entered LOCCS (mm/dd/yyyy)Batch NumberTransaction CodeEntered ByVerified By 24 CFR 570form HUD-7082 (4/93) AttachmentNo.2 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 169 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 2016-2017 This contract, numbered «IDIS_IFAS», is entered into by and between «Agency» (“Sub-recipient”) and the City of Chula Vista (“City”) on July 1, 2016 (“Effective Date”) for the purpose of having Sub-recipient implement and perform work on the 2016-2017 «Project_Title» 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.C 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 Sub-recipient’s 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 Sub-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. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 170 Attachment No. 3 ARTICLE I. SUB-RECIPIENT OBLIGATIONS A.General. Work to be Performed. Sub-recipient shall implement the scope of work (“Scope of Work”) described 1. 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, et seq.); b.HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et seq.); 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 171 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.“Cost principles” as follows, but not limited to: 2 CFR part 200, subpart E, entitled “Cost Principles for Non-Profit Organizations”; 2 CFR part 230 entitled “Cost Principles for Non-Profit Organizations” (Circular A–122); and 2 CFR Part 225 entitled “Cost Principles for State, Local, and Indian Tribal Governments” (OMB Circular A–87); 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 Grant funds in excess of $25,000 will either be: ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 172 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; l.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, et seq.); 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, 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); 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; 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: ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 173 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, et seq.); 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”); aa.Grantee shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established by the Office of Management and Budget (OMB) concerning the ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 174 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 of Chula Vista, its elected or appointed officers, officials, employees, agents, and volunteers (collectively the “Indemnified Parties”) harmless and indemnify the Indemnified Parties 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, its agents, representatives, employees, volunteers, 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: ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 175 i. General Liability: (Including $1,000,000 per occurrence for bodily injury, personal injury, (including operations, products and death), and property damage. If Commercial General Liability insurance completed operations, as with a 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. ii. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. iii. Workers’ Compensation Statutory Employer’s Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee iv. Professional Liability or Errors $1,000,000 each occurrence & 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 Indemnified Parties; 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: (b)Additional Insureds. The Indemnified Parties 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. (c)Primary Insurance. The Contractor’s General Liability insurance coverage must be primary insurance as it pertains to the Indemnified Parties. Any insurance or self-insurance maintained by the Indemnified Parties is wholly separate from the insurance of the Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. (d)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. (e)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. (f)W aiver 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. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 176 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. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 177 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 $«Funding_Recommended». Sub-recipient shall not submit claims to the City nor 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: st Quarter (July 1-September 30): Due October 15 1 nd Quarter (October 1 - December 31): Due January 15 2 rd 3 Quarter (January1 - March 31): Due April 15 th Quarter (April 1 – June 30): Due July 15 4 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, 2016 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. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 178 Budget Adjustments received after June 1, 2016 will not be considered. ARTICLE III. ETHICS 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 179 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. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1.General Requirement. The Indemnifed Parties shall not be liable for, and Sub-recipient shall defend and indemnify the Indemnified Parties, 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, volunteers, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of the Indemnified Parties. 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 the Indemnified Parties. 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 the Indemnified Parties 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 the Indemnified Parties. 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. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 180 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 Indemnified Parties. Sub-recipient shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties, 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 Indemnified Parties. 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 state laws or regulations or local ordinances or regulations ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 181 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. st 1 Quarter (July 1-September 30): Due October 15 nd Quarter (October 1 - December 31): Due January 15 2 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 182 rd 3 Quarter (January1 - March 31): Due April 15 th 4and Final (April 1 – 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, 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. st B.Term. The term of this contract shall start on the 1 day of July 2016 and shall continue in effect until terminated as provided herein or until Sub-recipient has carried out all its obligations under the contract. stth Services of the Sub-recipient shall start on the 1day of July and end on the 30day of June, 2016. 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 183 implementation of same. Upon request by City, Sub-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, to the extent permitted by law, 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: «Signator_Title»City of Chula Vista «Agency_Address» Housing Manager «City_State»«Zip» 276 Fourth Avenue Chula Vista, CA 91910 IN WITNESS WHEREOF, the Consultant and City have executed this contract as of the date first written above. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 184 CITY OF CHULA VISTA Gary Halbert, City of Chula Vista City Manager APPROVED AS TO FORM Glen R. Googins, City Attorney SUBRECIPIENT Employer Federal ID: «Tax_ID» DUNS ID: «DUNS» «Signator_Title» ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 185 MEMORANDUM OF UNDERSTANDING FOR USE OF CDBG FUNDS BETWEEN CITY OF CHULA VISTA DEVELOPMENT SERVICES-HOUSING DIVISION AND DEPARTMENT OF ____________________ st day of July, 2016 between This Memorandum of Understanding (MOU) is entered into this 1 the Development Services Department Housing Division (DSD-HD) and the Department of _____________ to work together toward the mutual goal of developing community facilities and programs in the City of Chula Vista by completing the _____________________ Project/Program. 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. 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 PW and all its subreceipients and contractors 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:________ will implement the Project described as follows:\[Enter project/program description here\]. The Project will use $000,000 of CDBG fundsfrom FY 2016- 2017, further detailed in Attachment “A” - Budget. PERFORMANCE MEASUREMENT A total of X,XXX low/moderate income residents, will benefit from the program/project (further detailed below) and Attachment “B” \[Attach Service Area Map, if applicable\]. TIMELY COMPLETION AND EXPENDITURE: Timely completion of the Project is the highest priority of this agreement. To ensure timely completion and expenditures, _________ will demonstrate reasonable progress in implementation of a Project by completing and expending allocated CDBG Project funds by June 30, 2017, further detailed in Attachment “C” – Project Timeline. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 186 QUARTERLY REPORTS: In order to more closely monitor Project completion and expenditures, the _____ 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, 2016, or within the agreed upon schedule, ______will notify DSD-HD of the completion deficiencies and PW will have 45 calendar days to provide its plan for meeting time and expenditure agreements. Failure to correct the deficiency within 45 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 PW will generate a remedial plan that may include but is not limited to re-design of the Project, amendments to the Project, extending the term of the Project, or re-allocation of the funds to an alternate Project. CDBG PROGRAMMATIC REQUIREMENTS: Project will be implemented in accordance with Community Development Block Grant requirements as well as all other additional Federal Requirements detailed below and all bid documents shall contain the following clauses: 1.Equal Employment Opportunity—All contracts shall contain a provision requiring compliance with E.O. 11246, “Equal Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 2.Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c)—All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. 3.Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 187 Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. 4.Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333)—Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5.Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD. 6.Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to 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.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). 7.Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 188 agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8.Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9.Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. 12 U.S.C. 10.Section 3 of the Housing and Urban Development Act of 1968, as amended, 1701u.All section 3 covered contracts shall include the following clause (referred to as the “section 3 clause”): a.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. b.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. c.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 and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 189 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. d.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. e.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. f.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. g.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 also applies to the work to be performed under this contract. Act (25 U.S.C. 450e) 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). 11.The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.); 12.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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 190 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). 13.The Americans with Disabilities Act (42 U.S.C. § 12101); 14.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)); and 15.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”). ACKNOWLEDGEMENT OF FUNDING: ______ 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 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 hereby executed on the day and the year first above written. Department of _________________ Department of Development Services Date: _______________________________ Date: _______________________________ By: _________________________________ By: _________________________________ \[Enter Director Name\], Kelly Broughton, Director of ________________ Director of Development Services ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 191 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SOLUTIONS GRANT PROJECT HOUSING PROGRAM 2016-2017 This Contract numbered XXXX is entered into by and between South Bay Community Services (“Contractor”) and the City of Chula Vista (“City”) on July 1, 2016. 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 law ”An Act to Prevent Mortgage Foreclosures and Enhance Mortgages Credit Availability” which became Public Law . 111-22. This new law implements a variety of new measures directed toward keeping individuals and families from losing their homes. Division B of this new law is the Homeless Emergency Assistance and Rapid Transition to the Housing Act 2009 (HEARTH Act), which consolidates and amends the three separate homeless assistance programs carried out under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq); WHERAS, the HEARTH Act amendments to the McKinney-Vento Act contains provisions requiring coordination, collaboration, and consultation between Continuums of Care and ESG State and local government recipients; WHEREAS, the HEARTH 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; ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 192 Attachment No. 5 WHEREAS, Chula Vista City Council approved the Project on May 10, 2016 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 193 feasible, 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; ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 194 (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; (l)The Labor Standards Regulations set forth in 24 CFR 570.603; (m)The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.); (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 awarding of any federal contract, the making of any federal grant, the making of any ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 195 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”); (x) Contractor shall hold City of Chula Vista, its elected or appointed officers, officials, employees, agents, and volunteers (collectively the “Indemnified Parties”) harmless and indemnify the Indemnified Parties 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; and (z)“Cost principles” as follows, but not limited to: 2 CFR part 200, subpart E, entitled “Cost Principles for Non-Profit Organizations”; 2 CFR part 230 entitled “Cost Principles for Non-Profit Organizations” (Circular A–122); and 2 CFR Part 225 entitled “Cost Principles for State, Local, and Indian Tribal Governments” (OMB Circular A–87); 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 196 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, its agents, representatives, employees, volunteers, 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. 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 (Including operations, death), and property damage. If Commercial General Liability insurance products and completed with a general aggregate limit is used, either the general aggregate limit operations, as must apply separately to this project/location or the general aggregate applicable) limit must be twice the required occurrence limit. i. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. ii. Workers’ Compensation Statutory Employer’s Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee v. 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 Indemnified Parties; or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 197 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. The Indemnified Parties 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 Indemnified Parties. Any insurance or self-insurance maintained by the Indemnified Parties 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)W aiver 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 Lines Insurers ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 198 (“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 \[AMOUNT\]. 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 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 199 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 a ”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 promulgated thereunder. 6.Specific Warranties Against Economic Interests. Contractor warrants, represents and agrees: ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 200 (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 and 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. The Indemnified Parties shall not be liable for, and Contractor shall defend and indemnify the Indemnified Parties, 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, volunteers, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of the Indemnified Parties. 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 the Indemnified Parties. 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 the Indemnified Parties 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 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 201 misconduct of the Indemnified Parties. 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 Indemnified Parties. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties 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 Indemnified Parties. 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 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 202 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. 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 203 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 terminated as provided herein or until Contractor has carried out all its obligations under the contract. stth Services of the Contractor shall start on the 1 day of July, 2016 and end on the 30 day of June 2016. 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. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 204 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, to the extent permitted by law, 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. 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: South Bay Community Services City of Chula Vista Executive Director and CEO Housing Manager 430 F Street 276 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 205 (Signature page to follow.) ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 206 SIGNATURE PAGE IN WITNESS WHEREOF, the Contractor and City have executed this contract as of the date first written above. CITY OF CHULA VISTA Gary Halbert, City Manager, City of Chula Vista APPROVED AS TO FORM Glen R. Googins City Attorney ATTEST City Clerk SOUTH BAY COMMUNITY SERVICES Kathryn Lembo, Executive Director and CEO ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 207 COUNCIL RESOLUTION NO. 2016- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2016/2017 ANNUAL ACTION PLAN FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUBRECIPIENT/CONTRACTOR/DEVELOPER IDENTIFIED IN THE ACTION PLAN; AUTHORIZING THE CITY OF CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE RECREATION AND PUBLIC WORKS DEPARTMENTS FOR THE IMPLEMENTATION OF FOUR CDBG-FUNDED PROJECTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY FOR 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 2016/2017Annual Action Plan (“FY 2016/2017Action Plan”) using the goals set forth in the 2015-2020Consolidated Plan (“Consolidated Plan”) and the per HUD Rules and Regulations; and WHEREAS, the City will receive a Fiscal Year 2016/2017CDBG entitlement of $1,920,628; HOME entitlement of $642,150; and ESG entitlement of $159,265; and WHEREAS, the City followed its Citizen Participation Plan and held public hearings on housing and community needs on December 15, 2016, and March 15, 2016, at which time public testimony was received and considered by the City Council with respect to the FY 2016/2017Action 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 208 Resolution No. _________ Page 2 WHEREAS, staff has determined that the sub/recipients/contractors identified in the FY 2016/2017Action 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 for program expenditures. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: 1.That it approves the Fiscal Year 2016/2017Annual Action Plan (“FY 2016/2017Action 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 any and all agreementsand necessary amendmentsforthemanagement and implementation of the FY 2016/2017 Action Plan between the City of Chula Vista and each sub/recipient/contractor, identified in the FY 2016/2017Action 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 Memorandums of Agreement, in substantially the form presented, with the Director of Recreation for implementation of the Norman Park Senior Center Program and Therapeutics Programand Director of Public Works for the Orange Avenue Capital Improvement Project and the Holiday Estates Park Improvement Project, 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: ________________________________________________________ Gary Halbert, P.E.,AICP Glen R. Googins City ManagerCity Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 209 ATTACHMENT A Non/Profit Projects Project OrganizationProjectContract Amount Number 1025CSA ofSan DiegoFair Housing Services$ 35,000 F.R.C. Emergency and Basic 1028C.V. Community Collaborative$ 39,312 Services 1027San Diego Food BankFood 4 Kids Backpack Program$ 15,000 Home Delivered Meals for 1029Meals on Wheels$ 12,000 Seniors 1030South Bay Community Svcs.South Bay Food Program$ 10,000 1031Interfaith Shelter NetworkRotational Shelter Network$ 11,000 KidCareExpress Mobile 1032Family Health Centers of S. D.$ 27,000 Medical Unit Family Violence Treatment 1033South Bay Community Svcs.$ 39,000 Program At-Risk and Homeless Youth 1034South Bay Community Svcs.$ 39,550 Svcs. 1043South Bay Community Svcs.Casa Nueva Vida I$ 63,777 1044South Bay Community Svcs.HMIS$ 7,663 1045South Bay Community Svcs.Rapid ReHousing$ 75,880 City Projects Project OrganizationProjectContract Amount Number 1037Public Works DepartmentPalomar and Orange Sidewalk$ 400,000 Holiday Estates Park 1038Public Works Department$ 83,682 Improvements 1035Recreation DepartmentTherapeutic Program$ 20,100 Norman Park Senior Center 1036Recreation Department$ 30,000 Services ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 210 City of Chula Vista Staff Report File#:16-0166, Item#: 8. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGBIDSAND AWARDINGALANDSCAPEMAINTENANCECONTRACTBETWEENTHECITYOFCHULAVISTA ANDBLUESKIESLANDSCAPEMAINTENANCE,INC.FORLANDSCAPEMAINTENANCE SERVICESINCOMMUNITYFACILITIESDISTRICTS(CFD)12-MA(VILLAGE7MCMILLINAREA), 12-MB(VILLAGE7OTAYRANCHAREA),14-M(EUC/MILLENIA),09-M(VILLAGE11PHASES1& 2),AND97-1A(OTAYRANCHAM)INTHEAMOUNTOF$729,203ANDAUTHORIZINGTHECITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On April 4, 2016, the City received four bids for landscape maintenance services in Community Facilities Districts 12-MA, 12-MB, 14-M, 09-M, and 97-1A (“the CFDs” or “the named CFDs”). Funding for the contract is included within the budgets for the CFDs. Today’s action is to accept the bids, award the contract to Blue Skies Landscape Maintenance, Inc. and authorize entering into landscape maintenance contract with the contractor. ENVIRONMENTAL REVIEW Environmental Notice TheProjectqualifiesforaClass4CategoricalExemptionpursuanttoSection15304(Minor Alterations to Land) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 4 Categorical Exemption pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista has 42 Open Space Districts and Maintenance Community Facilities Districts (collectively “the Districts” or “Districts”). The City levies an annual assessment on property owners within each District to provide funding for maintenance of common area spaces. The City contracts with landscape firms to provide landscape maintenance services in the Districts. City of Chula VistaPage 1 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 211 File#:16-0166, Item#: 8. In the named CFDs, the landscape maintenance contracts for CFDs 12-MA, 12-MB, 09-M, and 97 -1A are expiring on June 30, 2016. CFD 14-M is a new District which the City accepted for maintenance beginning in April 2016. Public Works staff prepared specifications and advertised the services on March 18, 2016. A mandatory pre-bid meeting was held on March 22, 2016. The purpose of the meeting was to review and clarify the bid requirements. Staff explained that bids would be evaluated and the contract would be awarded to the lowest responsive and responsible bidder. On April 4, 2016 the Director of Public Works received and opened four (4) bidsfrom the following companies: Name of ContractorAmount of Bid Aztec Landscaping, Inc.$756,180 Blue Skies Landscape Maintenance, Inc.$729,203 LandCare, Inc.$1,492,250 Singh Group$780,000 The lowest qualified bidder recommended for award is Blue Skies Landscape Maintenance, Inc. in the amount of $729,203. Staff recommends accepting the contractor’s bid and awarding the landscape maintenance contract to Blue Skies Landscape Maintenance, Inc. The contract is presented for your approval on the City’s standard form, customized for this particular scope of work. Key provisions include: The contract is for one year with three one-year options by mutual agreement of the contractor and City if contractor’s work performance is satisfactory. If the contractor’s work performance is not satisfactory, the City reserves the right to terminate the contract without penalty. Prices shall be firm for the first contract year. For the option years, acceptable price increases are based on change in the annual San Diego Area Consumer Price Index, for an amount not to exceed 5%. The contractor is required to pay prevailing wages to persons employed by them for the work performed under this project and shall ensure compliance with all applicable state and local laws governing the payment of prevailing wages. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council 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, and has not been informed by any 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 & Secure Neighborhoods and a Connected Community. This action supports the goal of a Healthy Community, which includes maintaining community open space for public City of Chula VistaPage 2 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 212 File#:16-0166, Item#: 8. enjoyment. CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund from this action. The landscape maintenance costs will be funded from the available balance of CFDs 12-MA, 12-MB, 14-M, 09-M, and 97-1A. ONGOING FISCAL IMPACT The annual contract cost will be included in the annual budgets for the named CFDs. ATTACHMENTS 1.Landscape Maintenance Standards; 2.Maps of CFDs 12-MA, 12-MB, 14-M, 09-M, and 97-1A. Staff Contact: Sam Oludunfe, Open Space Manager. City of Chula VistaPage 3 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 213 RESOLUTIONNO.2016- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTINGBIDS AND AWARDING A LANDSCAPE MAINTENANCE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND BLUE SKIES LANDSCAPE MAINTENANCE, INC.FOR LANDSCAPE MAINTENANCE SERVICES IN COMMUNITY FACILITIES DISTRICTS (CFD) 12-MA (VILLAGE 7 MCMILLIN AREA), 12-MB (VILLAGE 7 OTAY RANCH AREA), 14-M (EUC/MILLENIA), 09-M (VILLAGE 11 PHASES 1 & 2), AND 97-1A (OTAY RANCH AM) IN THE AMOUNT OF $729,203AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT WHEREAS,the Cityhas42 OpenSpaceDistrictsand Maintenance Community FacilitiesDistricts(collectivelythe“Districts”) andlevies an annualassessmenton property owners withineachdistrictto providefundingfor maintenanceofcommonarea spaces;and WHEREAS,the Citycontractswith landscape firms to providelandscapemaintenance servicesfor theDistricts;and WHEREAS,the landscape maintenance contracts for Districts 12-MA, 12-MB, 09-M, and 97-1A are expiring on June 30, 2016andDistrict14-M is a new District which the City accepted for maintenance beginning in April 2016; and WHEREAS,on March 18, 2016,CitystaffissuedaRequestforProposalsforlandscape maintenanceservicesfor commonarea spaces within Districts 12-MA, 12-MB, 14-M,09-M, and 97-1A(“the named Districts”);and WHEREAS,a mandatorypre-bidmeetingwasheld on March 22, 2016toreview and clarifybid requirementsandto emphasizethat bids would be evaluated and the contract would be awarded to the lowest most competent and qualified bidder;and WHEREAS,Citystaffreceivedbids fromfourlandscapemaintenancecompanies and helda public bid opening on April 4,2016;and WHEREASthe followingbids werereceivedfor the named Districts’landscape maintenance: NameofContractorAmountofBid Aztec Landscaping, Inc.$756,180 Blue Skies Landscape Maintenance, Inc.$729,203 LandCare, Inc.$1,492,250 Singh Group$780,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the awardof alandscape maintenance contract to Blue Skies Landscape Maintenance, Inc. for landscape maintenance services in Community Facilities Districts (CFD)12-MA (Village 7 McMillin Area), 12-MB (Village 7 Otay Ranch Area), 14-M ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 214 (EUC/Millenia), 09-M (Village11 Phases1 & 2), and97-1A (Otay Ranch AM) in the amount of $729,203, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Manager,andauthorizesand directs the CityManageror his designee toexecutethecontract. Presentedby Approvedasto form by ______________________ ______________________ RichardA.Hopkins GlenR. Googins DirectorofPublicWorks CityAttorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 215 BID NUMBEROS B13 1516Page 1 PUBLIC WORKS (OPERATIONS) Open Space Landscape Maintenance Division Performance Standards Overview These principles describe landscape maintenance performance standards necessary to maintain safeattractiveusable areasof designated open space districts in a ,, and condition. Included in thesestandards are criteria covering irrigation, pruning, shapingand training of trees, shrubs and ground cover plants; fertilization, weed control, eradication of plant diseases and pests; mowing; brush clearance; maintenance and repair of fences, pathways and trails, walls, bollards, gates, benches, dog stations, bridges, lighting, irrigation and drainage systems. The Contractor shall furnish all labor, equipment, materials, tools, services, incidentals, and special skills required to perform the landscape maintenance as set forth in these specifications. Work Schedule The Contractor shall accomplish all normal landscape maintenance required between the hours of6:00 A.M. and 6:00 P.M., from Monday to Friday. No maintenance functions that generate excess noise that would cause annoyance to residents of the area shallstart before 8:00 a.m., except in the case of a situation deemed emergency in nature. The Contractor must establish a daily eight-hour work schedule, with a minimum of six hours on site, which corresponds to City-defined minimum manpower and equipment resource requirements. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances and inclement weather. Failure to complete the work as scheduled or as specified herein will result in the following actions: a.The sum of Two Hundred Fifty Dollars ($250) per day will be deducted and forfeited from payments to the Contractor for each instancewhere an item of work is not completed in accordance with the scheduleor specifications. Deficiencies b.: An additionalamount equal to the costs incurred by completion of the work by an alternate source, whether it be City forces or separate private contractor, even if it exceeds the contract unit price, will be deducted from the Contractors invoice. c.These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the work actually performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to schedule. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 216 BID NUMBEROS B13 1516Page 2 d.Holidays: The City is closed and the Contractor shall observe the following City Hard Holidays: New Year’s Day –January 1 Martin Luther King Day –Third Monday in January César ChávezDay –March 31 Memorial Day –Last Monday in May Independence Day –July 4 Labor Day –First Monday in September Veterans Day –November 11 Thanksgiving Day –Fourth Thursday in November Day after Thanksgiving Day Christmas Day –December 25 Public Convenience The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets/roadways. Notification The Contractor shall provide written noticeto the City listing exact starting dates of fertilization and other infrequent operations such as tree trimming, brow ditch clearing, etc. Such notice shall be furnished to the Director of Public Works or his designee at least ten (10) working days in advance of the starting date. City approval is required prior to commencement of work. Irrigation The contractor shall have the ability to monitor and respond to web-based and other Central IrrigationSystems. Irrigation shall be done by the use of manual and/or automated systems, where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of this responsibility.All areas not adequately covered by a manual and/or automated sprinkler system shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. The Contractor shall have a Reclaimed Water Site Supervisor Certificate from the local water purveyor. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. When negligence on the part of the Contractor results in excessive use or waste of irrigation water, water that is used in excess of the monthly budgeted amount may be estimated, with the cost of the excess water to be deducted from the contract payment. The City shall be the sole judge of what constitutes “excessive use or waste of irrigation water”. Any damages to public or private property resulting from excessive irrigation or irrigation water run-off shall be charged . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 217 BID NUMBEROS B13 1516Page 3 against the contract payment unless the Contractor makes immediate repairs which must be to the satisfaction of the Director of Public Works or his designee. All irrigation controllers shall be turned off during periods of rain by the Contractor and turned back on and reprogrammed at the end of each rainy period. Periods during which the controllers areprogrammed off do not vacate the contractor’s responsibility to inspect, monitor, and repair the irrigation systems. The Contractor shall keep irrigation controllers, electric meters, pull boxes, and valve boxes clear of plant material, soil, debris, andany pests located within and maintain the system, at no additional cost to the City, from the electric and water meters, throughout the work site. This includes, but is not limited to: the replacements, repairs, adjustment, raising or lowering, straightening, and any other operation required for the continued efficient operation of the system. The City will compensate the Contractor for materials used in the repair of irrigation damaged by vandalism, theft, disappearance, or wear and tear of irrigation components through normal use. Contractor will be reimbursed for parts and up to 10% handling costs on approved irrigation repair invoices. Labor, tools, equipment, and other overhead expenses are considered to be included in the contract amount bid to maintain the district. Upon receipt of an approved invoice from the Contractor itemizing the materials involved, payment will be processed in accordance with established terms. The Contractor will be responsible for monitoring and maintaining irrigation parts costs within the established budget for the District. Any necessary parts purchases that may exceed the annual budget for parts in a District must have pre-approval from the Inspector for the District or risk non-payment. The City reserves the right to designate suppliers for these repair materials. A written report shall be submitted by the Contractor for all occurrences of vandalism, theft, disappearance, or worn out irrigation components, detailing the quantity, size, and location no later than five (5) working days after the discovery of such occurrence. Contractor’s failure to meet this requirement will result in Contractor responsibility for total repair costs. The Contractor shall periodically inspect the operation of the irrigation system for any This periodic inspection shall occur at least once each week. malfunction. Any replacement must conform to the type and kind of existing system. The Director of Public Works or his designee must approve any deviation from the existing type in writing. The Contractor shall, at the beginning of the maintenance period, inspect the entire sprinkler system with the City's representative to become familiar with the locations of valves, heads, controllers, electric valves, meters, and hose bibs. Special attentionshall be directed to the maintenance of sprinkler equipment. Risers shall be adjusted by extension and location as plant material grows up and/or spreads out and adversely affects performance of the sprinklers. The Contractor shall promptly repair any damage to, or . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 218 BID NUMBEROS B13 1516Page 4 malfunction of, the irrigation system. At no time will irrigation systems be shut down for extended periods –repairs are to be made as discovered and reported. Required Irrigation Reports All irrigation systems shall be visually inspected a minimum of once per week, including reading anddocumenting the numbers from each water meter servicing the landscape. Full and complete irrigation systems check, including a mainline leak test, shall be performed monthly. This information shall be included within the monthly irrigation tracking report (see attached form). The Monthly Irrigation Tracking Sheet and any repair invoices for parts and handling from the prior month shall be submitted to the Open Space Inspector for each area by the fifth day of each monthprior to authorization of monthly maintenance payments. The Contractor shall also provide a spreadsheet report showing cumulative monthly water usage for each water meter. The City may require a change in the irrigation schedule at any time if it becomes necessary for water conservation. The contractor shall be responsible for input and maintenance of irrigation schedules and programs as directed by the City. Reclaimed water The Contractor will be responsible for following and complying with all local, state, and federal lawsrelated to reclaimed water irrigation installation and operation. This includes preparing for and participating in any and allwater agency or Departmentof Health inspections and walkthroughs. Water Conservation The Contractor shall abide by any and all water conservation programs currently in effect by the water purveyor and will be responsible for compliance with any emergency guidelines, rules, and regulations effected during water crises. Failure to observe, obey, and comply with the aforementioned will be the financial responsibility of the Contractor. For example, negligent or untimely irrigation system maintenance producing water waste resulting in citations or fines by the water purveyor will be the responsibility of the Contractor. Irrigation scheduling programs will be set by the Department of Public Works or its representative. Any changes in programming must be done with prior City approval. Irrigating Trees and Shrubs The City at its sole option may decide to plant new trees and/or other landscape material within themaintained area. The Contractor shall be responsible for providing adequate supplemental irrigation following planting to facilitate new growth during the establishment period. The Contractor at no additional cost to the City shall provide additional weed control, irrigation maintenance, and plant maintenance required until plants are established. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 219 BID NUMBEROS B13 1516Page 5 Maintaining Shrubs and Ground Cover Plants All shrubs and ground cover plants growing in the work area shall be pruned, as required, to maintainplants in a healthy growing condition. Dead or damaged limbs or branches shall be removedimmediatelyand all pruning cuts shall be made properly and cleanly with sharp pruning tools, with no projections or stubs remaining. Allplant pruning shall be accomplished in a manner which will permit the plants to grow naturally in accordance with their natural/normal growth characteristics. Shrubsused as formal hedges or screens shall be pruned as required to present a neat appearance. A formal hedge, whether new or established, should be tapered so that it is wider at the bottom than the top, ensuring the lower part will get the sunlight it needsfor healthy growth. Remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Shrubs and mounding plants shall not exceed two feet (2') in height within areas required for vehicular sight distance depending upon roadway topography. The Contractor shall: Trim ground cover plants adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance. Keep ground cover plants trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep ground covers trimmed back approximately twelve inches (12") from structures or walls. Coordinate trimming around base of shrubs/trees with the City Representative. Weed and Pest Control All landscaped spaces within the specified maintenance area shall be continuously kept free of weedsat all times. This means that complete removal of all weed growth shall be accomplished on a continualbasis as weeds appear, and not just once every 30 days. Weeds shall be controlled by hand, mechanical, or chemical methods. Effectivepest control, including the control of vertebrate pests such as gophers, moles, and all such shall be performed in a safe manner for maximum control and also to minimize exposure to the surrounding environment. Weed and pest controls must include the use of integrated pest management (IPM) practices wherever possible. Monitoring of pest populations and natural predators, cultural practices to promote healthy, pest-resistant plant material are just a few examples of techniques that can be employed to minimize andaugment chemical methods. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 220 BID NUMBEROS B13 1516Page 6 Pesticides shall be applied at appropriate times which limit the possibility of environmental contamination through climatic or other factors and at the proper life cycle stage of the pests. Early morning application shall be used whenpossible to avoid environmental contamination from drift. Application of all pesticides shall be carried out only by State-Licensed Pest Control Operators or Qualified Applicator License (QAL) holders. Weed control chemicals shall be approved by the City prior to application. The Contractor is responsible for obtaining and maintaining site-specific written recommendations from a Pesticide Advisor prior to any applications. The Contractor is also responsible for all chemical use reporting required by the Department of Pesticide Regulation (DPR) in any area where herbicide and pesticide application will take place. Material Safety Data Sheets (MSDS) are required for all proposed chemical applications. All noxious plant materials such as, but not limited to, poison oak, wild mustard, pampas grass, tamarix,Arundocane, tumbleweeds, etc., shall be removed immediately by hand. All pathways, sidewalks,curbs, and gutters shall be kept free of weeds by use of contact weed control chemicals. Weed grasses as well as broadleaf weeds shall be kept out of shrubs and groundcovers. Weeds and plant materials removed shall be disposed off siteby the Contractor in a manner consistent with Federal, State, and Local rules and regulations. Turf and otherplants killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All replacements must be made after receiving notice from the City. Fertilization: Composition, Packaging, Schedule, Rate of Application All proposed fertilizers mustbe approved by City staff prior to purchase or applicationin the All fertilizers must be of a homogeneous blend, and must be pre-approved prior to field. purchase, and an Open Space Inspector must count all bags, prior to application. Fertilizer shall be provided in fifty-pound (50-lb), multi-wall paper bags, polyethylene-lined for moisture resistance, or plastic bags. fertilizers shall be brought to the site in the original unopened containers bearing the The not manufacturer's guaranteed analysis. Damagedpackages will be accepted. The Contractor shallfurnish the Director of Public Works or a designated representative with signed legible duplicate copies of all certificates and invoices for all fertilizer to be used. The invoices must state the grade, amount, and quantity received. The Director of Public Works or his representative on site must sign both the copy to be retained by the City and the not Contractor’s copy before any material may be used. The Contractor may begin the actual fertilizer application until approval by the City has been obtained. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 221 BID NUMBEROS B13 1516Page 7 Additionally, the Contractor shall submit as part of his written notice a schedule showing the site, amount of fertilizer (in number of bags) to be applied in the District, proposed date of application, and the approximate time of application of the fertilizer. Fertilizer type proposed requires prior City approval. The City shall be the sole judge of the acceptability of a fertilizer type. Material Safety Data Sheets (MSDS) shall be provided upon submittal of fertilizers for approval. Adequate irrigation will immediately follow the application of fertilizer to force the fertilizer to rest directly on the soil surface. Care shall be taken to ensure the fertilizer does not become caught in the plant foliage above the soil line. Excessive watering must be avoided to prevent the erosion of fertilizing materials or soil. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation shall continuewithoutinterruption. Fertilization: Trees, Shrubs, Ground Covers Fertilization of all trees, shrubs and ground cover plants, including plantings on hydroseeded bankswithin the District, shall be accomplished two (2) times per yearby using an approved commercial grade fertilizer. Fertilization shall beapplied within the following time frame: 1.Sept 15-30 2.April 15-30 Fertilizer with a formulation of 12-4-6 or equivalent shall be applied at one (1) pound of actual nitrogen per 1,000 square feet of planted area for shrubs, vines groundcovers, and trees. Acceptable organic fertilizer wouldcontain a combination of naturally derived organic components and synthetic organic and inorganic components. The organic portion will be derived from dehydrated poultry manure obtained primarily from layers. Combining thevarious components creates a mixture of materials that will stimulate microbial activity in the soil in a way that enhances conversion of nutrients intoformsusable by plants.The manure should be heat-treated below the combustion point to remove moisture and kill anypathogens that may be present.Product will be routinely tested for presence of enteric bacteria. Composted organic components will not be acceptable. Any equivalent formulation must have the ability to lower pH in the short term to facilitate uptake of nutrients by plant materials. Fertilization: Turf Fertilization of all lawn areas within the designated work area shall be accomplished four (4) times per year with approved commercial grade fertilizers. Fertilizer shall be applied to lawnswithin the following time frame: 1.September 1-153.March 1-15 2.November 15-304.June 1-15 . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 222 BID NUMBEROS B13 1516Page 8 Fertilizer shall be applied at one (1) pound of actual nitrogen per 1,000 square feet of planted area. Fertilization must occur in the months listed above and shall be accomplished to achieve an even green appearance. If fertilization results are patchy, remedial fertilizer must be applied immediately at the Contractor’s expense. Acceptable fertilizers include: June application = Super Turf; Septemberapplication = Super Iron 9-9-9; Novemberapplication = Nitra king; March application = Iron Advantage; or pre-approved equivalents. Lawn Maintenance Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed duringeach mowing in returning the grass to the accepted height for the species of grass being mowed. Inclement weathermay preclude adherence to the frequency schedule. The Contractor may request alteration of this mowing frequency from the Director of Public Works or his designee for reasons of rain or prolonged cold. The Contractor shall bag all lawn clippings. The following mowing schedule shall apply to all Code 2 lawn areas listed in the bid portion of the contract document: Mowing Fequency & Requirements March 1 –November 301 time each week December 1 –February 281 time every 2 weeks All turf shall be edged adjacent to all improved surfaces. Where no improved surface exists, turf edges shall be maintained if the turf area abuts a shrub bed, property line, or to maintain turf delineation. Lawn areas shall be aerated a minimum of two (2) times each year and will be scheduled to occur during thefollowing time frame: 1.April 15-30 2.August 15-30 Under adverse conditions or as a result of high use where turf is suffering from compaction, aeration may be necessary at more frequent intervals. Aeration shall be done with a power-driven or tractor-pulled aerator using one-half-inch coring tines. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation, shall continuewithoutinterruption. Tree Maintenance Trees shall be pruned as required to remove dead, diseased,crowded,broken, or hazardous branches or for safety. The Contractor performing the tree work shall be responsible for targeted pruning that will ultimately develop proper tree scaffold branches, strength, and appearance consistent with current International Society of Arboriculture (ISA) and ANSI A300 pruning Standards. All major tree pruning operations shall be scheduled and approved by the City . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 223 BID NUMBEROS B13 1516Page 9 All routine annual tree trimming shall begin November 1 Representative before work begins. and be completed no later than February 14. The Contractor shall check and correct tree stakes, ties, and guys as needed, adjust ties to prevent girdling,remove unneeded stakes, ties, and guys per City's request, and replace broken stakes as required. not Topping of trees will be allowed. Climbing spurs, except in the case of emergency or tree removal, will not be allowed. Pruning shall be done under the direction of a Certified Arborist, utilizing proper techniques to promote healthy growth and to avoid damage from improper tree pruning methods. Tree wound dressing will not be allowed. When pruning Canary Island palm trees, equipment shall be disinfected before and after trimming each tree and prior to progressing to the next tree. Low overhanging branches shall be maintained at a minimum height of 14 feet above street/roadway grade. Low branches overhanging sidewalks and parkways shall be maintained at a minimumheight of eight (8) feet above grade. Ailing or stunted trees that fail to meet typical growth expectations shall bebrought to the attention of the City Representative. Under no circumstances will stripping of lower branches of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promotecaliper-retained growth (tapered trunk). If there are doubts or questions, contact the City Representative. All trees shall be maintained in their natural shapes. The Contractor shall continuously remove "hanger" limbs and other obvious safety hazards asrequired. Trees lost from causes other than Contractor’s negligence shall be removed and replaced by the Contractor with 15-gallon size trees at the City's expense. The Director of Public Works or his designee may specify an alternate tree species to replace the tree that was lost in each case. Any tree leaning or showing signs of root heaving shall be brought to the attention of the Director of Public Works or his designee. If, in the judgment of the Director of Public Works, the tree must be removed,the Contractor shallremove said tree by flush-cutting. Undesirable growth from the remaining stump shall be controlled by a City-approved method. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation shall continuewithoutinterruption. Low Flow and Brow Channel Maintenance September and October During the months of , the Contractor shall clean all soil and debris from thechannels and cut all the overhanging plant materials back such that staff can easily walk all ditches for inspection. All plant materials and debris, other than soil and rocks, shall be removed from the job site. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 224 BID NUMBEROS B13 1516Page 10 During the year, removal of woody plant materials growing in the cracks or edges of the channel shall be removed to prevent damage to the concrete. Also, any loose materials, other than soil, shall be removed during the contract year. Following the rainy season, removal of accumulated sedimentation will be required. Removal of Debris Promptly after the pruning, trimming, weeding, edging, and other work required, the Contractor shall remove all debris generated by his/her performance of the work. Immediately after working in the areas of public walks, driveways, medians, or paved areas, they shall be thoroughly cleaned. All areas shall be kept free of, but not limited to, the following: bottles, cans, paper, cardboard, and metallic items. Removal of common debris, including emptying of waste receptacles, shall be performed on a continual basis with a minimumof once a week pick-up. Areas containing medians, walkways, or asphaltic concrete, stamped or textured concrete, and/or concrete shall be swept as needed to maintain such walkways and areas in a safe and attractive manner. Replacement of Plant Materials The Contractor shall replace any tree, shrub, or ground cover plant which is damaged or lost as a resultof faulty maintenance at no additional cost to the City. The Director of Public Works or City representative shall be the sole judge of what constitutes “faulty maintenance”. Any plant damaged or lost through vandalism shall be replaced at City expense. Charges for replacement of plants and trees lost through vandalism shall be at a mutually negotiated amount. At the City’s sole discretion, it may be desirable to replace certain plants during the contract term. The Director of Public Works or City representative shall determine the necessity or desirability of such plant replacement. The Contractor shall be responsible for the maintenance of the replacement plants at no additional cost to the City. The City will be responsible for the cost of replacing the plants. Brush Clearance Contractor will be responsible foryearly brush clearance where the Open Space District borders privateproperty and when directed by the City’s Fire Marshal. A standard clearance of 10 feet from property line will be maintained with a minimum of 30 feet distance from any private residence. In areas where the residence may be closer than 20 feet to the property line, additional clearancemay be required to establish the 30 feet minimum clearance. The Contractor shall take notice of potential areas to be cleared during the pre-bid inspection as no adjustment in contract pricing will be allowed after contract award. Cleared material shall be legally disposed of from the work area. Environmental Regulations The Contractor is required to abide by all local, state, and federal laws related to environmentally sensitive lands located within the District. Large portions of Code 4 and Code 5 areasare located . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 225 BID NUMBEROS B13 1516Page 11 within Multiple Species Conservation Plan (MSCP) areas and may contain protected or endangered species. Any maintenance activities performed within these areas will be subject to all regulations contained within the MSCP and must be pre-approved and closely monitored by City of Chula Vista Environmental Planning staff. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 226 BID NUMBEROS B13 1516Page 12 OPEN SPACE LANDSCAPE MAINTENANCE AREA CODE DESCRIPTIONS CODE #AREA IDENTIFICATION CODEDESCRIPTION Areas containing permanent irrigation systems planted in ground cover, 1 shrubs, and trees.Code 1areas shall be kept weed-freeat all times.Plant materials and grasses not consistent with established plantings are considered weeds.Any areas not fully covered with planned ground CODE 1 covers are to be replanted by the contractor and grown to fully cover the areas during the normal growing season, at no additional cost to the City. Weeding shall be done as necessary to create a well-balanced appearance. Code 2 areas are lawnswith permanent irrigation systems.Weeding 2 shall be done as necessary to create a well-manicured appearance. CODE 2 Areas containing permanent irrigation systems initially planted with 3 hydroseed mix, ground covers, shrubs, and trees.Code 3 areas shall be kept weed-free as required by the Director of Public Works or his designee.Weeds are considered plants (wild flowers and CODE 3 grasses) not consistent with the original hydroseed mix.The intent is to maintain healthy vegetation for erosion control purposes. Code 4 areas contain permanent or temporary irrigation systems in natural open space lands and slopes with indigenous plant 4 growth. The Contractor shall do weed abatementin these areas, CODE 4 as required by the Director of Public Works or his designee,to control noxious plant materials such as tumbleweeds, pampas grass, tamarix, Arundocane, etc. The Contractor shall maintain trailson a weekly basis to insure clear, smooth, trash-free travel routes, quarterly grooming to include re-compacting of loose material,and immediate response to needed repairs after rain. events. Trail maintenance includes header boards and curbing. 5 Two times per year, areas of non-irrigated open space shall be cleaned of debris including but not limited to the following: CODE 5 bottles, cans, paper, cardboard or metallic items. Removal of noxious plant materials such as tumbleweeds, pampas grass, tamarix, arundo cane, etc, as directed by the Director of Public Works or his designee. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 227 BID NUMBEROS B13 1516Page 13 Deficient Performance The Contractor shall be notified verbally or in writing each time performance is unsatisfactory andcorrective action is necessary. The Contractor shall complete corrective action within the followingtime frames subsequent to verbal notification: a.Major irrigation malfunction must be repaired within twelve (12) hours. b.Public Health and Safety issues (Risk Management) shall be corrected immediatelyupon notification from the City Representative. c.Failure to comply with City-defined minimum manpower requirements will result in the immediatedeficiency deduction of Two Hundred Dollars ($200) per person per day from payments to the Contractor. d.Failure to immediatelycomply with conditions, specifications, schedules, and directives from the City Representative or Public Works Director will result in adeficiency deduction of Two Hundred Fifty Dollars ($250) per instance from payments to the Contractor. e.Failure to mow, edge, trim, hedge, aerate, sweep, pickup trash/debris, perform brow channel or trail maintenance, perform brush management, apply chemicals, or prune in an approved, professional manner as specified in this contract or as directed by the City Representative or Public Works Director will result in a $250 per day deduction until all deficiencies are corrected. f.Failure to comply with water restrictions imposed by Local Water Authorities will result in a deficiency deduction of Two Hundred FiftyDollar ($250) per occurrence. In addition, the Contractor shall be responsible for all other penalties imposed by Water Authorities due to Contractor neglect. g.Failure to respond to an emergency page/cell call during working hours within fifteen (15) minutes will result in a $250 deficiency peroccurrence. Failure to respond to an emergency page/cell call outside of normal hours within sixty (60) minutes will result in a $250 deficiency per occurrence. Failure to comply with the Regional Water Quality Board/National Pollutant Discharge Elimination System(NPDES) restrictions/ guidelines imposed by Local Water Authorities will result in a deficiency deduction of Two Hundred FiftyDollars ($250) per occurrence.Additionally, the Contractor shall be responsible for all other imposed penalties by Water Authorities that are relatedto Contractor neglect. h.Failure to submit all monthly irrigation-tracking sheets will result in a deficiency deduction of Two Hundred Fifty Dollars ($250.00) per occurrence. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 228 BID NUMBEROS B13 1516Page 14 Withholding ofPayments The City may withhold or permanently retain payments to such extent as may be necessary to protect the City from loss due to: 1.Work required in the specifications, which is defective, incomplete, or not performed. 2.Claims filed against the City for damage caused by the Contractor’s acts or reasonable evidence indicating probable filing of claims. 3.Failure of the Contractor to make proper payments to subcontractors for materials or labor. 4.A reasonable doubt that the contract can be completed for the unpaid balance. Failure to Perform Satisfactorily It is agreed and understood that if the Contractor fails to perform the work as required, the Directorof Public Works (1) will pay only for the amount of service received as determined solely by the City, with an appropriate downward adjustment in contract price, or (2) may have such required work done by City crews or otherwise and charge the cost thereof to the Contractor or Contractor’s surety agent. Those discrepancies and deficiencies in the work that remain uncorrected may result in billing adjustments in the following month. Billing adjustments for this unsatisfactory service shall be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. Should failure to perform persist, the City reserves the right to take action against the performance bond or terminate the contract. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 229 BID NUMBEROS B13 1516Page 15 General Conditions Bidder’s Security A bid security in an amount equal to ten percent (10%) of the bid is required. The bid security maybe furnished in the form of cash, cashier’s check, certified check, or a bid bond. If the bid security is a bond, it shall be executed by a surety company authorized to transact business in the State of California. The bid security must be included in the sealed envelope with the bid proposal. Faithful Performance Bond Contractor shall furnish the City with a surety bond conditioned upon the faithful performance of thecontract. The bond shall be in a sum equal to twenty-five percent (25%) of the amount of contract price. This bond shall be executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista. An endorsed Certificate of Deposit, money order, or certified check may be provided in lieu of an actual bond. Such bond or deposit shall be forfeited to the City in the event that the contractor fails or refuses to fulfill all performance requirements of the contract. If the contract is optioned for future years, for the purpose of renewing the contract, the Contractor shall provide a new valid faithful performance bond no later than thirty (30) prior to the current faithful performance bond expirationdate. Failure by the Contractor to provide the new faithful performance bond shall be considered a default by Contractor and may subject the Contractor to a suspension or termination of work under the contract. Insurance A. Contractor shall, throughoutthe duration of the contract, maintain comprehensive general liability,property damage, and automobile insurance, or commercial general liability insurance, covering all operations of Contractor, its agents and employees, performed in connection with thecontract, including but not limited to premises and automobiles. B.Contractor shall maintain the following minimum limits: General Liability Combined Single Limit Per Occurrence$1,000,000 General Liability$1,000,000 Property Damage$1,000,000 Automobile Liability$1,000,000 The City reserves the right to require insurance for a higher coverage than the minimum limits. C.All insurance companies affording coverage to the Contractor shall be required to add the City of Chula Vista as an "additional insured" under the insurance policy for all work performed in accordance with the contract. All insurance companies policies shall be issued by a carrier that has Best's rating of "A; Class V" or better, or shall meet the approval of City's Risk Manager. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 230 BID NUMBEROS B13 1516Page 16 D.All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Chula Vista should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. EEvidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement, shall be submitted to the Purchasing Division within ten (10) days after the award of a Contract. This endorsement must be on a separate "Schedule B". Contractor shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Contractor to provide such a substitution and extend the policy expiration date shall be considered a default by Contractor and may subject the Contractor to a suspension or termination of work under the contract. Insurance Certificates shall not include "Modified Occurrence" restrictions. No substitutions shall be allowed. Worker's Compensation Insurance The Contractor shall also carry Worker’s Compensation insurance in statutory amount and Employer'sLiability coverage in an amount not less than $500,000 and up to $1,000,000 at the City’s discretion; evidence of which is to be furnished to the City in the form of Certificate of Insurance. Hold Harmless and Indemnification Contractor shall defend, indemnify, protect, and hold harmless the City of Chula Vista, its electedand appointed officers and employees, from and against any and all claims for damages, liability, cost and expense (including without limitation attorney’s fees) arising out of the conduct of the Contractor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by the contract, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Contractor’s indemnification shall include any and all costs, expenses, attorney’s fees, and liability incurred by the City, it’s officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Contractor at its sole expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Contractor’s indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. Taxes All applicable State or Federal taxes shall be considered as included in the amount paid for servicesperformed. The Contractor shall be responsible for payment of such taxes to the proper governmental authority. Licenses and Permits . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 231 BID NUMBEROS B13 1516Page 17 Contractor and all subcontractors, if any, shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code, State of California. Contractor shall procure all licenses and permits required to perform the work described. Contractor shall further pay all charges and fees required to maintain required licenses and permits. The Contractor and subcontractors shall possess a valid City of Chula Vista Business License while performing work within City limits. Term Contractor shall perform all services required as specified on the Bid Form through June 30, 2017. The City may elect to exercise options to renew the contract for three (3) additional one (1) year periods (“option years”): (1) July 1, 2018through June 30, 2019 (2) July 1, 2019through June 30, 2020 (3) July 1, 2020through June 30, 2021 Additional extensions of one (1) year, or part thereof, shall be by mutual agreement of the Contractor and City. In the event the Contractor chooses not to accept the City’s offer to renew the contract throughan Option Year extension, the Contractor is required to notify the City of such no less than ninety (90) days prior to the start of the Option Year extension. Price Adjustment Clause Prices shall be firm for the initial contract period. However, if it is determined that the San Diego AreaConsumer Price Index for Urban Wages Earners and Clerical Workers (CPI-W) has changed for the option years, the Contractor, after (1) giving written notice of such change, and (2) furnishing the City with copies of the change (from January 1 of the previous year to January 1 of the current contract year); may adjust the price quoted to the City by an amount not to exceed the percentage variant in the CPI-W during the previous 12 months, or five per cent (5 %) of the price quoted, whichever is less. Only one (1) price adjustment will be allowed for each option year. Written requests for option April l year price adjustments shall be made prior to of the contract year. The City reserves the right to accept option year price increases or terminate the contract without penalty. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 232 BID NUMBEROS B13 1516Page 18 Measurement of Quantities for Unit Price Work The estimate of the quantities of work to be done and materials to be furnished are approximate only,being given as a basis for the comparison of bids. The City of Chula Vista does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease by any amount or to omit portions of the work as may be deemed necessary or expedient by the City with no adjustment in unit price. The City of Chula Vista reserves the right to use Contractor unit pricing to facilitate Developer turn-overs for landscaped area being added to any CFD area or adjacent to CFD maintained areas. Cooperation Contractor shall work closely with the Director of Public Works in performing work required to achievethe result which the City expects Contractor to accomplish. The Director of Public Works may delegate authority in connection with this Agreement to the Open Space Manager. For the purposes of directing the Contractor’s performance, authority is hereby delegated to the Open Space Manager. Inspection by City The City will inspect the work area to ensure adequacy of maintenance and that methods of performingthe work are in compliance with the contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately upon notification by the City. Maintenance services performed by the Contractor shall be performed to the satisfaction of City, Director of Public Works, or his designee. Method of Payment; Monthly Reports The Contractor will be paid monthly, in arrears, for work performed satisfactorily. By the fifth day of each month, the Contractor shall submit a detailed report of maintenance performed and materials used, areas and/or units affected, and staff hours expended in the prior month as well as the required Monthly Irrigation Tracking Form (see Irrigation section page 3), irrigation parts billing and monthly maintenance billing. The monthly report shall also include a statement of all applications of herbicides, rodenticide, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. Upon successful completion of a month’s work, payment will be made equal to one twelfth of the annual contract bid price. Billing shall be in accordance with bid prices submitted and allowing for City approved adjustments, if any. Emergency Calls The Contractor shall have the capability to receive and respond immediately to calls of an emergencynature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the Director of Public Works shall be referred to the Contractor for immediate disposition. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 233 BID NUMBEROS B13 1516Page 19 Personnel The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishingon schedule, and to the satisfaction of the Director of Public Works, all work required under this contractduring the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper, safe, and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in suitable uniform attire with a company-identifying marker (personnel fully clothed and wearing a safety vest with the company identification on the back will be considered suitable uniform attire). The Director of Public Works will require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of theCity of Chula Vista. The Contractor shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed, who are capable of discussing in English with the Director of Public Works matters pertaining to work required. Supervisors must have a minimum of three (3) years of actual field experience and must be able to demonstrate to the satisfaction of the Director of Public Works that they possess adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work which will be acceptable to the Director of Public Works. In addition, a non-working supervisor shall inspect all areas under the contract a minimum of once per month with the Director of Public Works or his designee. Independent Contractor Contractor's relationship to the City shall be that of an independent contractor. Contractor shall haveno authority, expressed or implied, to act on behalf ofthe City as an agent, or to bind the City to any obligation whatsoever. Contractor shall be solely responsible for the performance of any of its employees, agents or subcontractors under any contract awarded. Contractor shall report to the City any and all employees, agents, and subcontractors and/or consultants performing work, in connection with this project, and all shall be subject to prior approval of the City. Prevailing Wages Legislation by the State of California imposes prevailing wage requirements on the work to be performed by Contractor during the term of this contract. Department of Industrial Relations (DIR) Registration Requirements No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relationspursuant to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.l(a)\]. No contractor or subcontractor may be awarded a contract for public work on a public . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 234 BID NUMBEROS B13 1516Page 20 works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Wage Rates for State-funded Projects/Contracts The contractor and its subcontractors are required by bid specifications to pay prevailing wage ("PrevailingWage Rates") to persons employed by them for work under this Contract. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City of Chula Vista has ascertained the general prevailing wage scales applicable to the work to be done. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. The State prevailing wage rates determination is available directly from the State of California Director of IndustrialRelations home page under www.dir.ca.gov/dlsr/. Non-Discrimination The City of Chula Vista hereby notifies all bidders that it will affirmatively ensure that in any contractentered into pursuant to this notice, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. Termination for Cause The following conditions constitute default for which the City may terminate a contract: A.Any material misrepresentation, whether negligent or intentional, by Contractor. B.Contractor’s failure to perform any of its material obligations under a contract, including but not limited to: 1.Failure to perform any obligations reasonably within Contractor’s control (including but not limited to lack of sufficient or adequate personnel, equipment, and/or materials); 2.Contractor’s failure to promptly perform or correct any of its obligations; 3.Contractor’s unapproveddiscontinuance of any of its obligations required under a contract; 4.Contractor’s insolvency, filing for bankruptcy, or unapproved assignment for the benefit of creditors or otherwise; Prior to terminating a contract for cause, the City will first notify the Contractor in writing of such failure to meet the obligations of a contract. Within ten (10) calendar days of such written notice, Contractor shall have corrected the failure or shall have provided a written cure plan acceptable to the City that outlines its current or planned actions to correct such failure. If the Contractor fails to cure such breach or provide a written cure plan acceptable to the City within the ten (10) day time period, then the City shall have the right to terminate the contractby giving written notice to Contractor specifying the effective date of such termination. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 235 BID NUMBEROS B13 1516Page 21 In addition to the remedy set forth above, the City retains the right to pursue any and all other available remedies under law or in equity, including but without limitation, action against the performance bond. Where public interest or necessity demands the immediate termination of the contract to safeguard life, health, or property, the City may terminate the contract immediately without prior notice of deficiencies, and no opportunity to cure failures will be provided. Termination for Convenience City may terminate the contract at any time, and for any reason, by giving specific written notice tothe Contractor of such termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such termination. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed. Contractor expressly agrees that no further penalties, remedies, or consideration would be forthcoming in the event of termination for convenience. Interpretation of Agreement The interpretation, validity and enforcement of any contract awarded shall be governed by and construed under the laws of the State of California. TheContractor shall be responsible for complying with any Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the contract shall be construed as not containing such provision, and all other provisions that are otherwise lawful shall remain in full force and effect, and to this end the provisions of the contract are severable. Administrative Claims Requirement and Procedure No suit shall be brought against the City arising out of a contract awarded, unless a claim has firstbeen presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporatedby 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 the City, Contractor shall meet and confer in good faith with the City for the purpose of resolving any dispute over contract terms and conditions. . ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 236 1 ZAMORA CT 1 2 CASTAIC CT 3 ORINDA CT AA C A AB Village 7 McMilln Y P AD code 1 code 2 AC code 3 AG code 4 DG trails brow ditch T BJ BH ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 237 312 CASTAIC CT 3 ORINDA CT G H S T 2 1A B1 Village 7 Otay Ranch 4A 5A 2A 6A 2C code 1 2B code 2 code 3 code 4 4B DG trails brow ditch 5B 6B 7 8 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 238 B I R C H R O A D SR-12 5 NB ON RAMP 3 2 4 6 5 P1 MILLENIA BOUNDARY STYLUS STREET FS1 10 11 8 9 1 7 12 151413 B O B F LE T C H E P2 OPTIMA STREET P3 1920 17 18 16 29 21 22 2423 P6 A STREET STRAT P4 P5 27 2526 28 27 AVA NT STREET Legend CFDMaster AssociationSpecial Benefit Area BenchPalm Tree Hardscape and Street FurnitureHardscape, Planters and Street FurnitureBioretention AreaHardscape and Street Furniture Bike RackTree Grate LandscapedLandscapedLandscape & Irrigation OnlyPrivate Parks, Plazas and Paseos Pedestrian LightTree Light MedianMedianBridgeRegional Trail Trash BinJogging Trail Light Other Public Parks and PlazasMedian - LandscapedPedestrian Trail TreeIrrigation Meter SANDAG/MTS/City (Hardscape) Bioretention AreaSlopesEnhanced Pavement Bridge (Other) Regional TrailRetaining WallRegional Trail SANDAG Bioretention Area Railing CFD Bus StopsMaster Association Bus Stops SANDAG Bus Stops R:\\16629\\GIS\\16629_Exhibit_Rev2014_0718.mxd Millenia Maintenance Responsibility Map Scale in Feet Date of Exhibit: 7/18/2014 0100200300 North J-16629 www.rickengineering.com ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 239 L P L UP T O I HH E E K K BB E DEC R RQ LIA RD P E NN DY RKI LA H S D R D O D A REV LIS S R D R D AI M N A 44 4 4 44 4 4 4 4 4 4 A 44 4 4 4 4 4 4 4 4 4 4 A 4 4 4 4 4 44 4 4 44 4 MIN W CA H ESI P E I K T I A EL AST A 44444444 44A 44444 4444 CA M INI 4444444A 4 444444A 44444 44444A 444 A 44 4 4 4 4 4 4 4 4 4 A 44 4 4 4 4 4 4 4 4 4 N O L A OR AM N code 1 S B A S T code 2 B A 44444 444A code 3 I L L V L Y code 4 4 4 4 4 4 4 4 4 4 4 4 4 4 A Village 5 C 1 CAMINITO COLOMA 2 SPRING STRAW LN 2 3 FOOLS GOLD WY 4 CLAIM JUMPER LN D R N O Y AN C L L E D C D 44 A 4 4 4 R 44 4 44 L A F TA N SA J 44A 4444 444 3 NST 4 AK 44 PE 4 44 44 A 2 ROS S I N C H 1 1 WOODFORDS PL 1 CMTO MORAGA 2 COALINGA PL HA 2 CMTO SONRISA 3 GREENFIELD CT 3 CMTO OBISPO 1 CHERBOURG DR 2 CHEVALIER DR R D Y D N A LIVIN GS TO N S F R E R D K S T 4 4 4 4 4 4 4 4 4 4 4 V A G 1 E T B S D EN 3 3 GREENFIELD CT 1 1 RANCHETTE PL 1 2 Village 6 1 WOODFORDS PL 2 COALINGA PL ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 241 3 GREENFIELD CT City of Chula Vista Staff Report File#:16-0183, Item#: 9. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING:AN AMENDMENTTOACONTRACTWITHYGRENEENERGYFUNDCALIFORNIA,LLC (“YGRENE”)REGARDINGTHEADMINISTRATIONOFTHECITY'SCLEANENERGY CHULAVISTAPROPERTY-ASSESSEDCLEANENERGYFINANCINGPROGRAM;ANDAN INDEMNIFICATION AND INSURANCE AGREEMENT WITH YGRENE B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTACONSENTINGTO INCLUSIONOFPROPERTIESWITHINTHECITY’SJURISDICTIONINTHECALIFORNIA HOMEFINANCEAUTHORITYCOMMUNITYFACILITIESDISTRICTNO.2014-1(CLEAN ENERGY)TOFINANCERENEWABLEENERGYIMPROVEMENTS,ENERGYEFFICIENCY ANDWATERCONSERVATIONIMPROVEMENTSANDELECTRICVEHICLECHARGING INFRASTRUCTUREANDAPPROVINGASSOCIATEMEMBERSHIPINTHEJOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO C.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTACONSENTINGTO INCLUSIONOFPROPERTIESWITHINTHECITY’SJURISDICTIONINTHECALIFORNIA HOMEFINANCEAUTHORITYPROGRAMTOFINANCERENEWABLEENERGY GENERATION,ENERGYANDWATEREFFICIENCYIMPROVEMENTSANDELECTRIC VEHICLECHARGINGINFRASTRUCTUREANDAPPROVINGASSOCIATEMEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO RECOMMENDED ACTION Council adopt the resolutions. SUMMARY AspartofitsClimateActionPlanimplementation,theCityhasbeenpursuingtheestablishmentof PropertyAssessedCleanEnergy(PACE)programs,whichallowproperty-ownerstofinanceenergy and water-saving improvements through a voluntary tax assessment on their property. Lastyear,YgrenelaunchedastatewidePACEprogramoperatedbyCalifornia EnergyFund("Ygrene") HomeFinanceAuthority("CHFA"),aCaliforniajointpowersauthority,doingbusinessasGolden StateFinancingAuthority.WhenChulaVistastartedtheCleanEnergyChulaVistaPACEprogram withYgrenethestatewideprogramwasnotanoption.ToimprovePACEprogramconsistencyin City of Chula VistaPage 1 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 242 File#:16-0183, Item#: 9. ChulaVista,CitystaffisrecommendingtransitioningthelocalCleanEnergyChulaVistaprogramto thestatewideprogramofferedbyCHFAandadministeredbyYgrene.Thisproposedchangewill reduceChulaVistastaffadministrationtimeandallfourPACEprogramswouldbeoperatingina similarmanner.ApprovaloftheseresolutionswillmaintainthenumberofPACEprogramproviders and Chula Vista home and building owners will see no change or impacts in the program operation. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelines;therefore,pursuanttoSection15060(c) (3)oftheStateCEQAGuidelines,theactivityisnotsubjecttoCEQA.Thus,noenvironmentalreview is required. BOARD/COMMISSION RECOMMENDATION OnOctober13,2014,theResourceConservationCommissionrecommendedthattheCityCouncil expandPACEprogramofferingsinChulaVistatoprovidegreatercustomerchoiceandtomaximize energy and water efficiency retrofit opportunities. DISCUSSION AspartofitsClimateActionPlanimplementation,theCityhasbeenpursuingtheestablishmentof PropertyAssessedCleanEnergy(PACE)programs,whichallowproperty-ownerstofinanceenergy andwater-savingimprovementsthroughavoluntarytaxassessmentontheirproperty.Currently, Chula Vista property-owners can choose between four different PACE program providers: LocalCleanEnergyChulaVistaprogram(administeredbyYgreneEnergyFundandtheCity ofChulaVista).SinceprogramformationinAugustof2013theCleanEnergyChulaVista PACEprogramhasfundedmorethan560projectsforatotalof$12millioninfinancing.The residentialsectoristhelargestsectoraccountingfor88%ofthetotalfundingandapplications have increased 58% from the first quarter of 2015 to the fourth quarter. CaliforniaFIRSTprogram(administeredbyRenewFinancial&CaliforniaStatewide CommunitiesDevelopmentAuthority(CSCDA)).Hasfinanced57projectsforatotalof$1.5 million in financing in Chula Vista. CaliforniaHEROProgram(administeredbyRenovateAmericaandtheWesternRiverside Council of Governments (WRCOG)). Too new to report. OnDemandPACEProgram(administeredbyFigtreeFinancing&CaliforniaEnterprise Development Authority (CEDA)). Too new to report. TheCitycontractedwithYgreneEnergyFundCaliforniainAugustof2013todesign,fund,implement City of Chula VistaPage 2 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 243 File#:16-0183, Item#: 9. andmarkettheCity’slocalPropertyAssessedCleanEnergy(PACE)programalsoknownasClean EnergyChulaVista.CouncilestablishedaChulaVistaCommunityFacilitiesDistrictNo.2013-1 (CleanEnergyCFD)andauthorizedthelevyofspecialtaxestofinanceorrefinanceenergy efficiency,waterconservationandrenewableenergyimprovementsandelectricalvehiclecharging stations.ThisistheonlyPACEprogramoperatinginChulaVistathatrequirestheCitytoparticipate in program administration. StaffisrecommendingthattheCityadopttheresolutionsnecessarytotransitiontheCleanEnergy ChulaVistaprogramtotheCHFAstatewidePACEprograms,administeredbyYgrene.Participation intheCHFA"YgreneWorksforCalifornia"programsallowstheCitytocontinueofferingPACE financingwhilestreamliningprogramcomponentsandeliminatingstafftimerequiredtoadminister the local program. TheexistingCleanEnergyChulaVistaPACEprogramwouldremainactiveandthespecialtaxesfor propertiessigningfinancingagreementspriortothetransitiondatewouldcontinuetobecollectedon thepropertytaxroll.TherewouldbenointerruptioninservicetoChulaVistapropertyowners,and ChulaVistabuildingownerswouldcontinuetoreceivethesamelevelofcustomerservicefrom Ygrene staff. ParticipantsinthetransitionedPACEprogramwillcontinuetobeassessedviatheirpropertytaxbill. FundswillbecollectedbytheCountyofSanDiegoandremitteddirectlytoCHFA.TheCityofChula VistawillhavenoroleintheplacementofPACEassessmentsonthetaxrollortheremittanceof funds collected to CHFA. TheagreementandamendmentrequireYgreneandCHFAtodefendandindemnifytheCityandto conductthe"YgreneWorksforCalifornia"Programinaccordancewithstateandlocallaw,andthe City’s PACE Program Guidelines. Adoption of the resolutions would approve the following actions: ApproveanamendmenttotheoriginalThird-PartyAdministrationAgreement("Amendment") toallowforthetransitionoftheexistingChulaVistaPACEprogramtotheCHFAYgrene worksJPAprogram.ThisactionalsoensuresthatthenewprogramwillcomplywiththeCity’s PACE Guidelines. ApproveanIndemnificationandInsuranceAgreementByandBetweentheCityofChulaVista and Ygrene Energy Fund CA, LLC. AuthorizetheCitytojointheJPAasanAssociateMemberandpermitspropertyownerswithin theincorporatedareasoftheCitytoparticipateintheCHFASB555CommunityFacilities District. AuthorizestheCitytojointheJPAasanAssociateMemberandpermitspropertyowners withintheincorporatedareasoftheCitytoparticipateintheCHFAAB811AuthorityPACE Program. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section City of Chula VistaPage 3 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 244 File#:16-0183, Item#: 9. 18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.PACEprograms supporttheHealthyCommunitygoalastheyfundenergyandwaterupgradesinthecommunity, whichisakeyobjectiveunderInitiative3.2.1.-“Designandimplementinnovativeenvironmental& conservation programs.” CURRENT YEAR FISCAL IMPACT ThereisnofiscalimpacttotheCity’sGeneralFundfromswitchingadministrationoftheYgrene PACEprogramfromtheCitytoCHFA.Currentadministrationcosts,undertheCityprogramare covered by the Local Government Partnership with San Diego Gas & Electric ONGOING FISCAL IMPACT ThereisnoongoingimpacttotheGeneralFund.PACEprogramsareimplementedatno-costtothe CityandtheactionswillminimizestafftimeassociatedwithreviewingadditionalPACEprograms. AnyfurtherPACEactionswillbereimbursedthroughtheCity’sLocalGovernmentPartnershipwith San Diego Gas & Electric. ATTACHMENTS 1.Chula Vista Third Party Administration Agreement First Amendment 2.Indemnification and Insurance Agreement 3.CHF JPA Agreement w/signature page for new association members Staff Contact: Lynn France, Economic Development - Office of Sustainability. City of Chula VistaPage 4 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 245 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 246 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 247 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 248 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 249 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 250 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 251 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 252 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 253 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 254 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 255 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 256 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 257 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 258 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 259 CALIFORNIA HOME FINANCE AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT (Original date July 1, 1993 and as last amended and restated December 10, 2014) THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT tered into by and among the counties listed on Attachment 1 hereof and incorporated herein by reference. All such counties are referred to herein as "Members" with the respective powers, privileges and restrictions provided herein. RECITALS A.WHEREAS, th created by a Joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the Govern-02, adopted on January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The most recent amendment to the Joint Exercise of Powers Agreement was on January 28, 2004. B.WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm, clarify and revise certain provisions of the joint powers agreement, including the renaming of the joint powers authority, as set forth herein. C.WHEREAS, the Members are each empowered by law to finance the construction, acquisition, improvement and rehabilitation of real property. D.WHEREAS, by this Agreement, the Members desire to create and establish a joint powers authority to exercise their respective powers for the purpose of financing the construction, acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority as authorized by the Act. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members individually and collectively agree as follows: 1.Definitions Unless the context otherwise requires, the following terms shall for purposes of this Agreement have the meanings specified below: "Act" means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, including the Marks-Roos Local Bond Pooling Act of 1985, as amended. "Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it may from time to time be amended as provided herein. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 260 "Associate Member" means a county, city or other public agency which is not a voting member of the Rural County Representatives of California, a California nonprofit corporation (RCRC), with legal power and authority similar to that of the Members, admitted pursuant to paragraph 4.d. below to associate membership herein by vote of the Board. means a committee made up of the nine-member Executive Committee. "Authority" means California Hom CRHMFA Homebuyers Fund or California Rural Home Mortgage Finance Authority. "Board" means the governing board of the Authority as described in Section 7 below. "Bonds" means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by the Authority, or financing agreements entered into by the Authority pursuant to the Act and any other obligation within the meaning of the term "Bonds" under the Act. means the Supervisor designated by the governing board of each Member to serve on the Board of the Authority. means the nine-member Executive Committee of the Board established pursuant to Section 10 hereof. "Member" means any county which is a member of RCRC, has executed this Agreement and has become a member of the Authority. means bonds, notes, warrants, leases, certificates of participation, installment purchase agreements, loan agreements and other securities or obligations issued by the Authority, or financing agreements entered into by the Authority pursuant to the Act and any other financial or legal obligation of the Authority under the Act. means any work, improvement, program, project or service undertaken by the Authority. "Rural County Representatives of California" or means the nonprofit entity incorporated under that name in the State of California. means an elected County Supervisor from an RCRC member county. 2. Purpose The purpose of the Authority is to provide financing for the acquisition, construction, , improvement and rehabilitation of real property in accordance with applicable provisions of law for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides for the joint exercise of powers common to any of its Members and Associate Members as provided herein, or otherwise authorized by the Act and other applicable laws, including assisting ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 261 in financing as authorized herein, jointly exercised in the manner set forth herein. 3. Principal Place of Business The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento, California 95814. 4. Creation of Authority; Addition of Members or Associate Members a. The Authority is hereby created pursuant to the Act. As provided in the Act, the Authority shall be a public entity separate and distinct from the Members or Associate Members. b. The Authority will cause a notice of this Agreement or any amendment hereto to be prepared and filed with the office of the Secretary of State of California in a timely fashion in the manner set forth in Section 6503.3 of the Act. c. A county that is a member of RCRC may petition to become a member of the Authority by submitting to the Board a resolution or evidence of other formal action taken by its governing body adopting this Agreement. The Board shall review the petition for membership and shall vote to approve or disapprove the petition. If the petition is approved by a majority of the Board, such county shall immediately become a Member of the Authority. d. An Associate Member may be added to the Authority upon the affirmative approval of its respective governing board and pursuant to action by the Authority Board upon such terms and conditions, and with such rights, privileges and responsibilities, as may be established from time to time by the Board. Such terms and conditions, and rights, privileges and responsibilities may vary among the Associate Members. Associate Members shall be entitled to participate in one or more programs of the Authority as determined by the Board, but shall not be voting members of the Board. The Executive Director of the Authority shall enforce the terms and conditions for prospective Associate Members to the Authority as provided by resolution of the Board and as amended from time to time by the Board. Changes in the terms and conditions for Associate Membership by the Board will not constitute an amendment of this Agreement. 5. Term and Termination of Powers This Agreement shall become effective from the date hereof until the earlier of the time when all Bonds and any interest thereon shall have been paid in full, or provision for such payment shall have been made, or when the Authority shall no longer own or hold any interest in a public capital improvement or program. The Authority shall continue to exercise the powers herein conferred upon it until termination of this Agreement, except that if any Bonds are issued and delivered, in no event shall the exercise of the powers herein granted be terminated until all Bonds so issued and delivered and the interest thereon shall have been paid or provision for such payment shall have been made and any other debt incurred with respect to any other financing program established or administered by the Authority has been repaid in full and is no longer outstanding. 6. Powers; Restriction upon Exercise ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 262 a. To effectuate its purpose, the Authority shall have the power to exercise any and all powers of the Members or of a joint powers authority under the Act and other applicable provisions of law, subject, however, to the conditions and restrictions herein contained. Each Member or Associate Member may also separately exercise any and all such powers. The powers of the Authority are limited to those of a general law county. b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and regulations for the conduct of its meetings and the activities of the Authority as it deems necessary or desirable to accomplish its purpose. c. The Authority shall have the power to finance the construction, acquisition, improvement and rehabilitation of real property, including the power to purchase, with the amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by any of its Members or Associate Members and other local agencies at public or negotiated sale, for the purpose set forth herein and in accordance with the Act. All or any part of such bonds so purchased may be held by the Authority or resold to public or private purchasers at public or negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale contemplated herein as it deems necessary or convenient and in furtherance of the Act. The Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its property or revenues as security to the extent permitted by resolution of the Board under any applicable provision of law. The Authority may issue Bonds in accordance with the Act in order to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act, and to secure such debt, to further such purpose. The Authority may utilize other forms of capital, private capital investment authorized by the Act.. d. The Authority is hereby authorized to do all acts necessary for the exercise of its powers, including, but not limited to: (1) executing contracts, (2) employing agents, consultants and employees, (3) acquiring, constructing or providing for maintenance and operation of any building, work or improvement, (4) acquiring, holding or disposing of real or personal property wherever located, including property subject to mortgage, (5) incurring debts, liabilities or obligations, (6) receiving gifts, contributions and donations of property, funds, services and any other forms of assistance from persons, firms, corporations or governmental entities, (7) suing and being sued in its own name, and litigating or settling any suits or claims, (8) doing any and all things necessary or convenient to the exercise of its specific powers and to accomplishing its purpose (9) establishing and/or administering districts to finance and refinance the acquisition, installation and improvement of energy efficiency, water ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 263 conservation and renewable energy improvements to or on real property and in buildings. The Authority may enter into one or more agreements, including without limitation, participation agreements and implementation agreements to implement such programs. e. Subject to the applicable provisions of any indenture or resolution providing for the investment of monies held thereunder, the Authority shall have the power to invest any of its funds as the Board deems advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code of the State of California. f. All property, equipment, supplies, funds and records of the Authority shall be owned by the Authority, except as may be provided otherwise herein or by resolution of the Board. g. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and obligations of the Authority shall not be debts, liabilities and obligations of the Members or Associate Members. Any Bonds, together with any interest and premium thereon, shall not constitute debts, liabilities or obligations of any Member. The Members or Associate Members hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of the Authority but shall be payable solely from the moneys pledged to the repayment of principal or interest on such Bonds under the terms of the resolution, indenture, trust, agreement or other instrument pursuant to which such Bonds are issued. Neither the Members or Associate Members nor the Authority shall be obligated to pay the principal of or premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members or Associate Members or the Authority shall be pledged to the payment of the principal of or premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the Authority be obligated in any manner to make any appropriation for such payment. No covenant or agreement contained in any Bond shall be deemed to be a covenant or agreement of any Delegate, or any officer, agent or employee of the Authority in an individual capacity, and neither the Board nor any officer thereof executing the Bonds or any document related thereto shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. 7. Governing Board a. The Board shall consist of the number of Delegates equal to one representative from each Member. b. The governing body of each Member shall appoint one of its Supervisors to serve ent of its Delegate shall be delivered in writing (which may be by electronic mail) to the Authority and shall be effective until he or she is replaced by such governing body or no longer a Supervisor; any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph b.. c. The governing body of each Member of the Board shall appoint a Supervisor as an alternate to serve on the Board in the absence of the Delegate; the alternate may exercise all the ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 264 rights and privileges of the Delegate, including the right to be counted in constituting a quorum, to participate in the proceedings of the Board, and to vote upon any and all matters. No alternate may have more than one vote at any meeting of the Board, and any Memb alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall be effective until such alternate is replaced by his or her governing body or is no longer a Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the governing body of the Member in the same manner provided in this paragraph c.. d. Any person who is not a member of the governing body of a Member and who attends a meeting on behalf of such Member may not vote or be counted toward a quorum but may, at the discretion of the Chair, participate in open meetings he or she attends. e. Each Associate Member may designate a non-voting representative to the Board who may not be counted toward a quorum but who may attend open meetings, propose agenda items and otherwise participate in Board Meetings. f. Delegates shall not receive compensation for serving as Delegates, but may claim and receive reimbursement for expenses actually incurred in connection with such service pursuant to rules approved by the Board and subject to the availability of funds. g. The Board shall have the power, by resolution, to the extent permitted by the Act or any other applicable law, to exercise any powers of the Authority and to delegate any of its functions to the Executive Committee or one or more Delegates, officers or agents of the Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute any documents for and in the name and on behalf of the Board or the Authority. h. The Board may establish such committees as it deems necessary for any lawful purpose; such committees are advisory only and may not act or purport to act on behalf of the Board or the Authority. i. The Board shall develop, or cause to be developed, and review, modify as necessary, and adopt each Program. 8. Meetings of the Board a. The Board shall meet at least once annually, but may meet more frequently upon call of any officer or as provided by resolution of the Board. b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5 of the Government Code of the State of California. c. The Secretary of the Authority shall cause minutes of all meetings of the Board to be taken and distributed to each Member as soon as possible after each meeting. d. The lesser of twelve (12) Delegates or a majority of the number of current Delegates shall constitute a quorum for transacting business at any meeting of the Board, except ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 265 that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote. e. Meetings may be held at any location designated in notice properly given for a meeting and may be conducted by telephonic or similar means in any manner otherwise allowed by law. 9. Officers; Duties; Official Bonds a. The Board shall elect a chair and vice chair from among the Delegates at the annual meeting who shall serve a term of one (1) year or until their respective successor is elected. The chair shall conduct the meetings of the Board and perform such other duties as may be specified by resolution of the Board. The vice chair shall perform such duties in the absence or in the event of the unavailability of the chair. b. The Board shall contract annually with RCRC to administer the Agreement and to provide administrative services to the Authority, and the President and Chief Executive Officer of RCRC shall serve as Executive Director, Secretary, Treasurer, and Auditor of the Authority. As chief executive of the Authority, the Executive Director is authorized to execute contracts and other obligations of the Authority, unless prior Board approval is required by a third party, by law or by Board specification, and to perform other duties specified by the Board. The Executive Director may appoint such other officers as may be required for the orderly conduct of the business and affairs who shall serve at the pleasure of the Executive Director. Subject to the applicable provisions of any indenture or resolution providing for a trustee or other Authori fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the funds, from whatever source, and, as such, shall have the powers, duties and responsibilities specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers, duties and responsibilities specified in Section 6505.5 of the Act. c. The Legislative Advocate for the Authority shall be the Rural County Representatives of California. d. The Treasurer and Auditor are public officers who have charge of, handle, or have access to all property of the Authority, and a bond for such officer in the amount of at least one hundred thousand dollars ($100,000.00) shall be obtained at the expense of the Authority and filed with the Executive Director. Such bond may secure the faithful performance of such duties with respect to another public office if such bond in at least the same amount specifically mentions the office of the Authority as required herein. The Treasurer and Auditor public accountant, or public accountant, in compliance with Section 6505 of the Act. e. The business of the Authority shall be conducted under the supervision of the Executive Director by RCRC personnel. 10. Executive Committee of the Authority a. Composition ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 266 The Authority shall appoint nine (9) members of its Board to serve on an Executive Committee. b. Powers and Limitations The Executive Committee shall act in an advisory capacity and make recommendations to the Authority Board. Duties will include, but not be limited to, review of the quarterly and annual budgets, service as the Audit Committee for the Authority, periodically review this Agreement; and complete any other tasks as may be assigned by the Board. The Executive Committee shall be subject to all limitations imposed by this Agreement, other applicable law, and resolutions of the Board. c. Quorum A majority of the Executive Committee shall constitute a quorum for transacting business of the Executive Committee. 11. Disposition of Assets Upon termination of this Agreement, all remaining assets and liabilities of the Authority shall be distributed to the respective Members in such manner as shall be determined by the Board and in accordance with the law. 12. Agreement Not Exclusive; Operation in Jurisdiction of Member This Agreement shall not be exclusive, and each Member expressly reserves its rights to carry out other public capital improvements and programs as provided for by law and to issue other obligations for those purposes. This Agreement shall not be deemed to amend or alter the terms of other agreements among the Members or Associate Members. 13. Conflict of Interest Code The Authority shall by resolution adopt a Conflict of Interest Code as required by law. 14. Contributions and Advances Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by any Member, Associate Member or any other public agency to further the purpose of this Agreement. Payment of public funds may be made to defray the cost of any contribution. Any advance may be made subject to repayment, and in that case shall be repaid in the manner agreed upon by the advancing Member, Associate Member or other public agency and the Authority at the time of making the advance. 15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses a. The fiscal year of the Authority shall be the period from January 1 of each year to and including the following December 31, except for any partial fiscal year resulting from a change ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 267 in accounting based on a different fiscal year previously. b. Prior to the beginning of each fiscal year, the Board shall adopt a budget for the succeeding fiscal year. c. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles. The books and records of the Authority are public records and shall be open to inspection at all reasonable times by each Member and its representatives. d. The Auditor shall either make, or contract with a certified public accountant or public accountant to make, an annual audit of the accounts and records of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California, and shall conform to generally accepted auditing standards. When an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member (and also with the auditor of Sacramento County as the county in which e. In any year in which the annual budget of the Authority does not exceed five thousand dollars ($5,000.00), the Board may, upon unanimous approval of the Board, replace the annual audit with an ensuing one-year period, but in no event for a period longer than two fiscal years. 16. Duties of Members or Associate Members; Breach If any Member or Associate Member shall default in performing any covenant contained herein, such default shall not excuse that Member or Associate Member from fulfilling its other obligations hereunder, and such defaulting Member or Associate Member shall remain liable for the performance of all covenants hereof. Each Member or Associate Member hereby declares that this Agreement is entered into for the benefit of the Authority created hereby, and each Member or Associate Member hereby grants to the Authority the right to enforce, by whatever lawful means the Authority deems appropriate, all of the obligations of each of the parties hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. 17. Indemnification To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Delegate, alternate, officer, consultant, employee or other agent of the Authority. Such indemnification may be made against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 268 proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 18. Immunities All of the privileges and immunities from liabilities, exemptions from law, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of any of the Members or Associate Members when performing their respective functions, shall apply to them to the same degree and extent while engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties under the provisions of this Agreement. 19. Amendment This Agreement may be amended by the adoption of the amendment by the governing bodies of a majority of the Members. The amendment shall become effective on the first day of the month following the last required member agency approval. An amendment may be initiated by the Board, upon approval by a majority of the Board. Any proposed amendment, including the presentation and action by each Member's board within 60 days, which time may be extended by the Board. The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn Members without requiring formal amendment of the Agreement by the Authority Board of Directors. 20. Withdrawal of Member or Associate Member If a Member withdraws as member of RCRC, its membership in the Authority shall automatically terminate. A Member or Associate Member may withdraw from this Agreement upon written notice to the Board; provided however, that no such withdrawal shall result in the dissolution of the Authority as long as any Bonds or other obligations of the Authority remain outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted by the Member's governing body which authorizes withdrawal is received by the Authority. Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority shall not operate to relieve any terminated or withdrawing Member or Associate Member from Obligations incurred by such terminated or withdrawing Member or Associate Member prior to the time of its termination or withdrawal. 20. Miscellaneous a. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. b. Construction. The section headings herein are for convenience only and are not to ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 269 be construed as modifying or governing the language in the section referred to. c. Approvals. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. d. Jurisdiction; Venue. This Agreement is made in the State of California, under the Constitution and laws of such State and is to be so construed; any action to enforce or interpret its terms shall be brought in Sacramento County, California. e. Integration. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, and it supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. f. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the Board. g. Severability. Should any part, term or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. The parties hereto have caused this Agreement to be executed and attested by their properly authorized officers. AS ADOPTED BY THE MEMBERS: Originally dated July 1, 1993 Amended and restated December 10, 1998 Amended and restated February 18, 1999 Amended and restated September 18, 2002 Amended and restated January 28, 2004 Amended and restated December 10, 2014 \[\] ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 270 ATTACHMENT 1 CALIFORNIA HOME FINANCE AUTHORITY MEMBERS As of December 10, 2014 Alpine County Amador County Butte County Calaveras County Colusa County Del Norte County El Dorado County Glenn County Humboldt County Imperial County Inyo County Lake County Lassen County Madera County Mariposa County Mendocino County Merced County Modoc County Mono County Napa County Nevada County Placer County Plumas County San Benito County Shasta County Sierra County Siskiyou County Sutter County Tehama County Trinity County Tuolumne County Yolo County Yuba County ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 271 SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS NAME OF COUNTY OR CITY: CITY OF CHULA VISTA By: Mary Casillas Salas Title: Mayor Dated: Attest: By __________________________________ \[City Clerk\] APPROVED AS TO FORM: _____________________________________ City Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 272 RESOLUTION NO. 2016-A RESOLUTION OF THE CITY COUNCILOF THE CITY OF CHULA VISTA APPROVINGAN AMENDMENT TO A CONTRACT WITH YGRENE ENERGY FUND CALIFORNIA, LLC (“YGRENE”) REGARDING THE ADMINISTRATION OF THE CHULA VISTA PROPERTY-ASSESSED CLEAN ENERGY FINANCING PROGRAM; AND AN INSURANCE AND INDEMNIFICATION AGREEMENT WITH YGRENE WHEREASinAugust6,2013, the City Council of the City of Chula Vista (City) approved a Third-Party Administrationagreement with Ygrene Energy Fund California, LLC (Ygrene) to design, fund, implement and market the City's Property Assessed Clean Energy ("PACE") program(the "Contract");and WHEREAS, on December 10, 2013, the City Council adopted Resolution No. 2013-1 establishing the City of Chula Vista Community Facilities District No. 2013-1 (Clean Energy Program) ("Clean Energy CFD") and authorizing the levy of special taxes therein to finance or refinance the acquisition, installation and improvement of energy efficiency, water conservation, and renewable energy improvements and electric vehicle charging stations permanently affixed to or on real property or in buildings;and WHEREAS, the City and Ygrene now desire to transition from the City’s PACE program to the statewide California Home Finance Authority PACE program (the “Authority PACE Program”) and the California Home Finance Authority-established Community Facilities District 2014-1 (“CFD 2014-1”), both of which Ygrene administers; and WHEREAS,to accomplish the transition, the City and Ygrene have prepared an amendment to the Contract, which provides that the City’s PACE program will be closed to new participants, the Contract will be terminated following a transition period, and Ygrene will defend and indemnify the City as to the termination of the Contract; and WHEREAS, the City and Ygrene have also prepared an “Indemnification Insurance Agreement,” pursuant to which Ygrene agrees to defend and indemnify the City and comply with the City’s insurance requirements with respect to participation in the Authority PACE Program and CFD 2014-1. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve thatit approves the “Agreement Between the City of Chula Vista and YgreneFund California LLC Amendment the Third-Party Administration Agreement,”in substantially the form presented, with such minor modifications as may be approved or required by the City Attorney, a copy of which shall be kept on file with the City Clerk, andauthorizes and directs the Mayor to execute same. BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista hereby approves the “Indemnification and Insurance Agreement between the City of Chula Vista and ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 273 Ygrene Fund California LLC,” in substantially the form presented, with such minor modifications as may be approved or required by the City Attorney, a copy of which shall be kept on file with the City Clerk, and authorizes and directs the Mayor to execute same. Presented byApproved as to form by __________________________________________________________________ Eric CrockettGlen R. Googins Director of Economic Development City Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 274 RESOLUTION NO. 2016-B RESOLUTION OF THE CITY COUNCILOF THE CITY OF CHULA VISTA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATIONIMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO WHEREAS, the California Home FinanceAuthority, a California joint powers authority, doing business as Golden State Finance Authority(the “Authority”) has established the Community Facilities District No. 2014-1(Clean Energy) in accordance with the Mello-Roos Community Facilities Act, set forth in sections 53311 through 53368.3 of the California Government Code (the “Act”) and particularly in accordance with sections 53313.5(l) and 53328.1(a) (the “District”); and WHEREAS, the purpose of the District is to finance or refinance (including the payment of interest) the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy and electric vehicle charging infrastructure improvements permanently affixed to private or publicly-owned real property (the “Authorized Improvements”); and WHEREAS, the City ofChula Vista is committed to development of renewable energy generationand energy efficiency improvements, reduction of greenhouse gases, and protection of the environment; and WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the District to annex to the District and be subject to the special tax levy of the District only (i) if the city or county within which the parcel is located has consented, by the adoption of a resolution by the applicable city council or county board of supervisors, to the inclusion of parcels within its boundaries in the District and (ii) with the unanimous written approval of the owner or owners of the parcel when it is annexed (the “Unanimous Approval Agreement”), which, as provided in section 53329.6 of the Act, shall constitute the election required by the California Constitution; and WHEREAS, the City wishes to provide innovative solutions to its property owners to achieve energy efficiency and water conservationand in doing so cooperate with Authority in order to efficiently and economically assist property ownersinthe City in financing such AuthorizedImprovements; and WHEREAS, the Authority has established the District, as permitted by the Act, and the Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the City, desires to become an Associate Member of the JPA as provided by the JPA Agreement, a copy CityCFDMembership-1- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 275 of which is attached as Exhibit “A” hereto, in order to participate in the programs of the JPA,and to assist property owners within the incorporated area of the City in financing the cost of installing Authorized Improvements; and WHEREAS, to protect the City in connection with operation of the Authority CFD No. 2014-1, Ygrene Energy Fund California LLC (“Ygrene”),the administrator of AuthorityCFD No. 2014-1, andthe City will enter into an agreement providing for the defense and indemnification of the City, its officers and employees from claims arising from theAuthority CFD No. 2014-1 as well as coverage of the City under certain insurancepolicies as an additional insured; and WHEREAS, the City will not be responsible for the conduct of any special tax proceedings; the levy and collection of special taxesor any required remedial action in the case of delinquencies in the payment of any special taxesin connection with the District; and WHEREAS, pursuant to the JPAAgreement, the Authority agrees to defend and indemnify the City and to conduct the Program in accordance with state and local law, and the City’s PACE Program Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that: 1.This City Councilfinds and declares that properties in the City’s incorporated area will be benefited by the availability of the Authority CFD No. 2014-1 (Clean Energy) to finance the installation of the Authorized Improvements. 2.This City Councilconsents to inclusion in the Authority CFD No. 2014-1 (Clean Energy) of all of the properties in the incorporated area within the City and to the Authorized Improvements, upon the request ofand execution of the Unanimous Approval Agreement by the owners of such propertieswhen such properties are annexed, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by Authority for thepurposes thereof. 3.The consent of this City Councilconstitutes assent to the assumption of jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Authorized Improvements. 4.ThisCity Councilhereby approves joining the JPA as an Associate Member and authorizes the executionby appropriate City officials of any necessary documents to effectuate such membership. 5.City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the Authority CFD No. 2014-1(Clean Energy)within the City, including the transition from operation of the City's Community Facilities District 2013-1 (Clean Energy) to the Authority CFD No. 2014-1 (Clean Energy). CityCFDMembership-2- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 276 Presented byApproved as to form by __________________________________________________________________ Eric CrockettGlen R. Googins Director of Economic Development City Attorney CityCFDMembership-3- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 277 CityCFDMembership-4- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 278 RESOLUTION NO.2016-_C_____________ RESOLUTIONOF THE CITY COUNCIL OF THE CITYOF CHULA VISTA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THECALIFORNIA HOME FINANCE AUTHORITY PROGRAMTO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITYRELATED THERETO WHEREAS, the California Home Finance Authority, doing business as Golden State Finance Authority,(the “Authority”) is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of theGovernment Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”); and WHEREAS, Authority has established a property-assessedclean energy (“PACE”) Program (the “Authority PACE Program”) to provide for the financing of renewable energy generation, energy and water efficiency improvements and electric vehicle charging infrastructure (the “Improvements”) pursuant to Chapter 29 ofthe Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code (“Chapter 29”) within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, CityofChula Vista(the “City”) is committed to development of renewable energy generationand energy and water efficiency improvements, reduction of greenhouse gases, and protection of theenvironment; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvementsthrough a voluntary contractual assessment program; and WHEREAS, installation of such Improvements by property owners within the jurisdictional boundaries of the counties and cities that are participating in the Authority PACE Program would promote the purposes cited above; and WHEREAS, the Citywishes to provide innovative solutions to its property ownersto achieve energy and water efficiency, and in doing so cooperate with Authorityin order to efficiently and economically assist property ownerswithinthe City in financing such Improvements; and WHEREAS, Authority has establishedthe Authority PACEProgram, which is such a voluntary contractual assessment program,as permitted by the Act, and the Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the City,desires to become an Associate Member of the JPA as provided bythe JPA Agreement, a copy of which is -1- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 279 attached as Exhibit “A” hereto,in order to participate in the programs of the Authority and to assistproperty owners within the jurisdiction of the City in financing the cost of installing Improvements; and WHEREAS, to protect the City in connection with operation of the Authority CFD No. 2014-1, Ygrene Energy Fund California LLC (“Ygrene”), the administrator of Authority CFD No. 2014-1, and the City will enter into an agreement providing for the defense and indemnification of the City, its officers and employees from claims arising from the Authority CFD No. 2014-1 as well as coverage of the City under certain insurance policies as an additional insured; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the Authority PACEProgram. WHEREAS, pursuant to the Authority JPA, the Authority agrees to defend and indemnify the City and to conduct the Program in accordance with state and local law, and the City’s PACE Program Guidelines. NOW, THEREFORE, the City Council of Chula Vista does hereby resolve that: 1.This City Councilfinds and declares that propertiesin the City’s incorporated area will be benefited by the availability of theAuthorityPACEProgram to finance the installation of the Improvements. 2.This City Councilconsents to inclusionin the Authority PACEProgramof all of theproperties in the jurisdictional boundaries of the Cityand to the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulationsapplicable to such program;and to the assumption of jurisdiction thereover by Authorityfor the purposes thereof. 3.The consent of this City Councilconstitutes assent to the assumption of jurisdiction by Authorityfor all purposes of the Authority PACEProgram and authorizes Authority, upon satisfaction of the conditions imposed in this resolution,to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent such contractual assessments. 4.This City Council hereby approves joining the JPA as an Associate Member and authorizes the execution by appropriate City officialsofany necessary documents to effectuate such membership. 5.City staff is authorized and directed to coordinate with Authoritystaff to facilitate operation of the Authority PACEProgramwithin the City -2- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 280 Presented byApproved as to form by __________________________________________________________________ Eric CrockettGlen R. Googins Director of Economic Development City Attorney -3- ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 281 City of Chula Vista Staff Report File#:16-0224, Item#: 10. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGALOTLINE ADJUSTMENTANDLANDEXCHANGEBETWEENTHECITYOFCHULAVISTAANDOTAY LANDFILL, INC. TO ACCOMMODATE THE LOCATION OF A LANDFILL MONITORING WELL RECOMMENDED ACTION Council adopt the resolution. SUMMARY In2009,theCityacceptedtitlefromOtayLandfill,Inc.to54acresoflandadjacenttothelandfill. GrantingofthelandtotheCitywasaconditionoftheLandfill’s1995expansionagreement. Subsequenttothegrant,itwasdiscoveredthatoneofthewellsthatmonitorsthelandfillwaslocated withintheparcelgrantedtotheCity.Thepurposeofthislotlineadjustmentandlandexchangeisto place the monitoring well back within the landfill property. ENVIRONMENTAL REVIEW Environmental Notice TheProjectqualifiesforaClass5CategoricalExemptionpursuanttoSection15305(Minor Alterations in Land Use Limitations) of the California Environmental Quality Act State Guidelines. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass 5CategoricalExemptionpursuanttoSection15305(MinorAlterationsinLandUseLimitations)ofthe State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In1995,theCityenteredintoalandfillexpansionagreementwithOtayLandfill,Inc.(Otay).In exchangeforallowingthelandfilltoexpand,theCitywas,amongotherconcessions,grantedtitleto 54acresoflandonthewesternsideofthelandfillproperty.In2009,the54acresweretransferredto theCity.Subsequently,itwasdiscoveredthatoneofthewellsusedtomonitormethaneatthe landfillwaslocatedonthelandtransferredtotheCity.Becausethesewellsarerequiredtobe locatedonthelandfillsite,theneweasterlylotlineneedstobeadjustedsuchthatthewellissituated withinthelandfillparcel.ThislotlineadjustmentrequiresthattheCitytransferlandtoOtayLandfill andOtayLandfilltransferanequalamountoflandtotheCitytooffsetthelotlineadjustment.Itwill alsorequirenewreciprocaldeedstoreflectthenewownerships.Therewillbenonetgain/lossof land area by either party to this adjustment. City of Chula VistaPage 1 of 2Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 282 File#:16-0224, Item#: 10. TheLotLineAdjustmenthasbeenprepared,adeedtotheCityforthenewareaoflandcomingto theCityhasbeenexecutedandadeedfromtheCitytoOtayLandfill,Inc.hasbeenprepared. Council,bythisactionisbeingaskedtoauthorizetheLotLineAdjustment,acceptthedeedfrom Otay, and authorize the execution of a deed to Otay for the well site. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe Political Reform Act (Cal. Gov’t Code §87100,et seq.). StaffhasdeterminedthatapotentialconflictofinterestmayexistforCouncilmemberMiesen becauseitmaybereasonablyforeseeablethatafinancialeffectonabusinessentityinwhich Councilmember Miesen has a financial interest may be material. . LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactioncontributes toaHealthyCommunitybyensuringthatthelandfillisproperlymonitoredforemissionsthatarebad for the environment. CURRENT YEAR FISCAL IMPACT No fiscal impact in the current fiscal year ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action ATTACHMENTS 1-Lot Line Exhibit 2-Land Fill LLA Deed Otay to City 3-Land Fill LLA Deed City to Otay Staff Contact:Rick Ryals, Real Property Manager City of Chula VistaPage 2 of 2Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 283 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 284 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 285 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 286 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 287 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 288 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 289 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 290 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 291 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 292 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA APROVING A LOT LINE ADJUSTMENT AND LAND EXCHANGE BETWEEN THE CITY OF CHULA VISTA AND OTAY LANDFILL, INC. TO ACCOMMODATE THE LOCATION OF A LANDFILL MONITORING WELL WHEREAS, in 1995,the City entered into a landfill expansion agreement with Otay Landfill, Inc.(Otay); and WHEREAS, in exchange for allowing the landfill to expand, Otay was requiredto give City title to 54 acres of land on the western side of the landfill property. The titlewas granted to the City in 2009; and WHEREAS, it was subsequentlydiscovered that one of the wells used to monitor methane at the landfill was located on the land transferred to the City; and WHEREAS, because these wells are required to be located on the landfill site, the new easterly lot line needs to be relocatedby lot line adjustment to exclude the well from the City parcel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby approve necessary Lot Line Adjustment, authorize the execution of a deedfrom the City to OtayLandfill Inc. for the well siteand accept a deed from Otay Landfill for the land replacing the well site. Presented byApproved as to form by Eric CrockettGlen R. Googins Director of Economic DevelopmentCity Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 293 City of Chula Vista Staff Report File#:16-0204, Item#: 11. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN AGREEMENTBETWEENTHECITYOFCHULAVISTAANDMCFARLANEPROMOTIONSINTHE AMOUNTOF$15,000TOCOORDINATETHE2016CHULAVISTASTARLIGHTPARADE,AND APPROVING UP TO FIVE ONE-YEAR EXTENSIONS RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheCityofChulaVistaiscollaboratingwithlocalagenciesandvolunteerstoholdtheCity-sponsored 2016StarlightParade.Theeventcontinuestogrowinpopularityandgeneratespositivepublicityand awarenessfortheCityofChulaVistaandourhistoricThirdAvenue.Theeventattractsmorethan 25,000peopletoThirdAvenueandpromotescommunityengagementandfosterscivicpride.In ordertosuccessfullyexecuteaneventofthismagnitude,anoutsideeventplanningfirmisneeded. McFarlanePromotionsisthefirmbestsuitedtoexecutetheevent.Theattachedresolutionsupports approvalofa$15,000agreementwithMcFarlanePromotionstocoordinatethe2016Starlight Parade. ENVIRONMENTAL REVIEW Environmental Notice TheProjectqualifiesforaClass23CategoricalExemptionpursuanttoSection15323(Normal OperationsofFacilitiesforPublicGatherings)oftheCaliforniaEnvironmentalQualityActState Guidelines. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass 23CategoricalExemptionpursuanttoSection15323(NormalOperationsofFacilitiesforPublic Gatherings)oftheStateCEQAGuidelinesbecauseitisatemporaryeventthatwouldnothaveany permanent effects on the environment. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION TheCityofChulaVistaiscollaboratingwithlocalagenciesandvolunteerstoholdthe2016Starlight Parade.TheCityCouncilapprovedtheStarlightParadeasaCity-sponsoredeventforFY 2016/2017.Proposedactivitiesincludeday-ofholidayeventsinMemorialParkfollowedbythe parade.The2015StarlightParadeattractedmorethan25,000participantstohistoricThirdAvenue City of Chula VistaPage 1 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 294 File#:16-0204, Item#: 11. whilefundraisingeffortsgeneratedover20sponsors.Sufficientfundingwasgeneratedtosupport 2015StarlightParadeexpenses.Sponsorshipandfundraisingactivitiesareunderwayforthe2016 StarlightParadethroughanad-hoccommitteeestablishedbyCouncilmemberPatriciaAguilar.Grant funding from the County of San Diego and other agencies and organizations are being pursued. Thesuccessofthe2016StarlightParadedependsuponexpertcoordinationandplanningwithCity ofChulaVistaandThirdAvenueVillageAssociationstaff,paradeparticipantsandothers.TheOffice ofCommunicationssolicitedproposalsfromeventplanningfirmstocoordinatethe2016Starlight Parade.AcommitteereviewedtheproposalsreceivedanddeterminedMcFarlanePromotions,with itsexperience,qualificationsandsuccessinplanninglarge-scalepublicevents,wasthebest qualifiedandprovidedthebestvalueforcoordinatingthe2016StarlightParade.Theattached resolutionsupportsapprovalofa$15,000agreementwithMcFarlanePromotionstocoordinatethe 2016 Starlight Parade. PotentialCityrisksandliabilitieswillbemitigatedthroughstandardlevelsofinsurancerequiredofthe eventproviderandaspecialeventspolicytobepurchasedbytheCityandreimbursedoutofevent proceeds. StaffwillidentifyfundsfortheCity’sStarlightParadeSpecialEventSponsorshipaspartofthe development of the FY 2016/2017 budget. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequirethe ChulaVistaCityCouncil memberstomakeor participateinmakingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2, section18704(d)(1).Consequently,thisitemdoesnotpresentaconflictofinterestunderthePolitical Reform Act (Cal. Gov't Code § 87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyany ChulaVistaCityCouncil member,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterestinthis matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheChulaVista StarlightParadeattractsthousandstoThirdAvenuewhichadvancestheEconomicVitalitygoalby activatinglocalmerchantsandbringingnewandreturningvisitorstoenjoyactivities,shop,anddine. TheconnectedCommunityGoalemphasizesactivities,liketheparade,thatenrichthecommunity’s quality of life. CURRENT YEAR FISCAL IMPACT Thereisnoanticipatedcurrentyearfiscalimpactrelatedtothisitem.StarlightParadecostsare anticipatedtobefundedbysponsorshipfunds.TheremaybeanimpacttotheGeneralFundif sufficient funds are not generated through Starlight Parade sponsorships. ONGOING FISCAL IMPACT TherearenoanticipatedongoingfinancialimpactsrelatedtothisitemasStarlightParadecostsare City of Chula VistaPage 2 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 295 File#:16-0204, Item#: 11. expectedtobesupportedbysponsorshipandgrantfunding.TheremaybeanimpacttotheGeneral Fundifsufficientfundsarenotgeneratedthroughsponsorships.Thegoalisforthe2016Starlight Parade to become a self-supporting signature event promoting the City of Chula Vista. ATTACHMENTS Agreement Staff Contact: Olga Berdial City of Chula VistaPage 3 of 3Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 296 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ANAGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCFARLANE PROMOTIONS IN THE AMOUNT OF $15,000 TO COORDINATE THE 2016 CHULA VISTA STARLIGHT PARADE,AND APPROVING UP TO FIVE ONE-YEAR EXTENSIONS WHEREAS, the City of Chula Vista is actively engaged in establishing signature community events that attract residents and visitors; and WHEREAS, the 2015 Starlight Parade attracted more than 25,000 residents and visitors to historic Third Avenue; and WHEREAS, the Starlight Parade is San Diego County’s only nighttime parade with more than 100 parade entrants, including local schools and regional organizations, holiday activities,and more, which attractresidents and visitors to the Chula Vista Third Avenue Downtown; and WHEREAS, the success of the Starlight Parade depends upon expert coordination and planning with the Third Avenue Village Association, parade contingents and others; and WHEREAS, the 2016 Starlight Paradeinvolves work to be performed that includes, but is not limited to, coordination, planning with vendors, musical groups, participants and others, securing subcontractors, paying invoices; and WHEREAS, the City solicited proposals for an event management consultantto coordinate the 2016 Starlight Parade, and the committee selected McFarlane Promotions as the most qualified; and WHEREAS, McFarlane Promotions’ experience, qualifications and success in planning large-scale public events makes the firm uniquely qualified; and WHEREAS, McFarlane Promotions warrants and represents that it is experienced and staffed in a manner such that it will coordinate and deliver the services within the timeframes required in accordance with the terms and conditions ofthe Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the $15,000 Agreement between the City and McFarlane Promotions to coordinate the 2016 Chula Vista Starlight Parade, in the formpresented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file with the Office of the City Clerk, and authorizes and directs the City Manager to execute the same. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 297 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes and directs the City Manager to extend the Agreement for up to five (5) additional one (1) one-year terms, with any necessary amendments that are mutually agreeable to the parties, by providing written notice to Consultant no fewer than sixty (60) days before the end of any one- year term. Presented byApproved as to form by _______________________________ Gary HalbertGlen R. Googins City ManagerCity Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 298 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 299 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 300 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 301 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 302 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 303 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 304 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 305 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 306 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 307 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 308 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 309 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 310 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 311 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 312 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 313 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 314 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 315 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 316 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 317 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 318 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 319 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 320 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 321 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 322 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 323 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 324 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 325 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 326 City of Chula Vista Staff Report File#:16-0104, Item#: 12. CONSIDERATION OF AMENDING CHAPTER 18 OF THE CITY’S MASTER FEE SCHEDULE RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGCHAPTER 18(MOBILEHOMES)OFTHECITY’SMASTERFEESCHEDULE,INCLUDINGSETTINGTHE ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES AT $30 FOR FISCAL YEAR 2016/2017 RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY EffectiveAugust18,2011,theCity,underChulaVistaMunicipalCode(CVMC)Section9.50.030, establishedanAdministrativeFeetobeassesseduponalleligiblemobilehomeresidentsreceiving benefitsandservicesunderCVMC9.50(“Chapter9.50”)-MobilehomeParkSpaceRentReview.At thistime,staffisbringingforwardanupdatetoChapter18oftheMasterFeeSchedule,tosetthe annualadministrativefeeat$30forFiscal-Year2016-17(“FY17”),downfrom$40inFiscal-Year 2015-16 (“FY 16”). ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION TheMobilehomeRentReviewCommissionrecommendedamendingthefeeto$30forFY17bya vote of 5-0 at their April 21, 2016 meeting. DISCUSSION OnJuly19,2011,CityCouncilapprovedanamendmenttoChapter9.50whichestablishedan AdministrativeFeetoprovidefundingforimplementationoftheordinance(whichoffersunique benefitsandservicessolelytoeligiblemobilehomeresidents).AspartoftheannualAdministrative Feeupdateprocess,staffisreportingoutonprioryearrevenuesandexpenditurestoestablishthe amountnecessarytorecoverthecostsofadministeringChapter9.50.Thisreportprovidesan updateonrevenuesandexpendituresforJuly1,2015-June30,2016andrecommendsthefeefor FY 17. City of Chula VistaPage 1 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 327 File#:16-0104, Item#: 12. Fiscal Year 2015-16 (“FY 16”) Revenues and Expenditures AnticipatedrevenuesforFY16wereexpectedtobe$84,000basedon2,100mobilehomeresidents payingthefeeat$40.Actualpaymentswerereceivedfrom2,128eligiblespacesfortotalrevenues of$85,790.AfiscalanalysisofrevenuesandexpendituresisprovidedinTable1withadescription of the activities following. Table 1 FY 2016 BUDGET SUMMARY AnticipatedActual Revenues: Collected Revenue $84,000$85,790 Fund Balance from Prior Year 7/1/14 $113,894 TOTAL REVENUES $199,684 Expenditures: Staff Charges $92,000$40 ,000 Experts $25,000$ 0 Postage $1,000$900 Office Supplies $500$500 Printing & Binding $1,500$1,200 TOTAL EXPENDITURES $42,600 Surplus/Deficit $157,084 Staff Charges AdministrationofChapter9.50resultedinstaffchargesof$40,000forFY16.Staffprovidedthe following services during FY 16: OmbudsmanActivities(OfficeVisits&MobilehomeInformationLine)-Staffresponded bilingually to all inquiries related to Chapter 9.50. st ResidentInvoicing-AJune1billingand/orineligiblenoticewassenttoallmobilehome/trailer st residents and an August 1 reminder notice was sent to all residents with a balance due. Fee Collection- Collection and processing of fee payments received. Database Maintenance - Maintained the database with current resident information. MobilehomeRentReviewCommission(“MHRRC”)EducationalMeetings-Providedgeneral ombudsmanrelatedactivitiestoresidentsandheldinformationalmeetingswiththeMHRRC. NorequestfortheMHRRCtoreviewaproposedrentincreaseabovetheannualpermissive was received during FY 16. AnnualPermissiveRentCalculations-Twiceayear,theConsumerPriceIndex(CPI)is releasedandnotificationwassenttoallparkownersandmanagersoftheannualpermissive rate as calculated under Section 9.50.050. RentReviewInquiries/HearingAdministration-Staffcoordinatedinquiriesregardingrental increases between residents and park management as needed. Experts City of Chula VistaPage 2 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 328 File#:16-0104, Item#: 12. DuringFY16norentreviewhearingsorhiringofexpertswasnecessary.Thesefundswouldbe availabletoappropriateinFY17forhiringofexpertsifasecondrentreviewcasewasrequired.Staff costs related to administering hearings were also not fully realized due to the lack of hearings. Administrative Costs (Postage, Office Supplies and Printing) DuringFY16,expensesincludedenvelopes,postage,printingofbillsandCPInotices,and publication of this hearing notice. Fiscal Year 2017 (FY 17) Budget and Administrative Fee Staffrecommendsthefeebereducedto$30dollarsforFY17duetothecurrentfundbalance. Table2providesasummaryoftheFY17budgetwhichincludesstaffchargesthatanticipatesa MHRRChearing,acontingencyof$25,000forexperttimerelatedtooneadditionalcaseifneeded and $75,084 in fund balance. Table 2 FY 2017 BUDGET SUMMARY Budget Revenues: Available Fund Balance as of 7/1/16 $157,084 Anticipated Revenues (2,100 @ $30) $63,000 Expenditures: Staff Charges $92,000 Experts $25,000 Postage $1,000 Office Supplies $500 Printing & Binding $1,500 TOTAL ANTICIPATED EXPENDITURES $120,000 Anticipated Fund Balance as of 6/30/17 $100,084 Contingency for Experts $25 ,000 Anticipated Surplus/Deficit $75,084 Withthereductionofthefeeto$30,annualrevenuesalonewillnotcovercostsifheavy administrativecostsareexpendedinagivenyear,thereforefundbalancewillbegintobeusedto maintainadministrativeservices.Givencurrentworkloadandfewanticipatedcases,staffhas projected being able to maintain the fee for several years at this rate. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704(d) (1).Consequently,thisitemdoesnotpresentaconflictofinterestunderthePoliticalReformAct (Cal. Gov't Code § 87100, et seq.). City of Chula VistaPage 3 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 329 File#:16-0104, Item#: 12. Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community, Strong and Secure Neighborhoods and a Connected Community. CURRENT YEAR FISCAL IMPACT Allstafftimeandcoststopreparethisreportwereincludedintheadoptedfiscalyear2016-2017 budget. No additional appropriation is required. ONGOING FISCAL IMPACT None. ATTACHMENTS 1.Proposed Amendment to Chapter 18 of the Master Fee Schedule Staff Contact:Stacey Kurz, Senior Project Coordinator City of Chula VistaPage 4 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 330 ATTACHMENT1 MASTER FEE SCHEDULE FEE BULLETIN Chapter 18 Mobilehomes 18-100 General Fees City of Chula Vista Development Services 276 Fourth Avenue, Chula Vista, CA 91910 May 20152016 MOBILEHOME PARK SPACE RENT REVIEW ADMINISTRATIVE 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 1. There is a sixty (60) day st grace period that commences on the due date, within which payments will be accepted. Annual fee, per mobilehome space .............. $4030 MOBILEHOME 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 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 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 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 331 RESOLUTION NO. 2016-_____ RESOLUTION OF THECITYCOUNCILOFTHECITYOF CHULAVISTAAMENDINGCHAPTER18(MOBILEHOMES) OFTHECITY’SMASTERFEESCHEDULE,INCLUDING SETTINGTHEADMINISTRATIVEFEEFORRENTCONTROL SERVICESAT$30FORFISCALYEAR2016/2017 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 amendmentstook 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 to them only 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 servicesand the fund balance of the fee and estimated revenues for 2016 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’sMaster Fee Schedule as reflected on Exhibit 1 to this Resolutionand sets the fee as $30for Fiscal-Year 2017. Presented by:Approved as to form by: ____________________________________________________________ Kelly BroughtonGlen R. Googins Director of Development Services City Attorney ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 332 EXHIBIT1 MASTER FEE SCHEDULEFEE BULLETIN Chapter 18–Mobilehomes 18-100 General Fees City of Chula Vista Development Services 276 Fourth Avenue, Chula Vista, CA 91910 May2016 MOBILEHOME PARK SPACE RENT REVIEW ADMINISTRATIVEFEE 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 . There is a sixty (60) day payments due by July 1 st grace period that commences on the due date, within which payments will be accepted. Annual fee,per mobilehome space...................$30 MOBILEHOME PARK CLOSURE OR DISCONTINUANCE APPLICATION FEE Pursuant toChapter 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 withthe City. Application fee.............................. Full cost recovery Initialdeposit ............................................... $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 FeeBulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. City of Chula Vistawww.chulavistaca.gov619.585.5600 ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 333 City of Chula Vista Staff Report File#:16-0184, Item#: 13. CONSIDERATIONOFCHULAVISTA’SPORTIONOFTHE2014REGIONALTRANSPORTATION IMPROVEMENT PROGRAM RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE AMENDMENTOFTHETRANSNETLOCALSTREETIMPROVEMENTPROGRAMOFPROJECTS FORFISCALYEARS2014/2015THROUGH2018/2019FORINCLUSIONINTHEREGIONAL TRANSPORTATIONIMPROVEMENTPROGRAM,REDUCINGTHESTL389($50,000),TF392 ($88,000)ANDSTM385($70,000)CIPBUDGETSINTRANSNETFUNDSANDAPPROPRIATING THEEQUIVALENTAMOUNTSTOTF345($50,000),TF327($75,000),TF321($13,000)AND GG222($70,000),ANDPROVIDINGTHECERTIFICATIONANDINDEMNITYSTATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY StateandFederalregulationsrequiretheSanDiegoAssociationofGovernments(SANDAG)to developandadoptaRegionalTransportationImprovementProgram(RTIP)everytwoyearsinorder tocontinuereceivingFederalandStatefunding.AlltheprojectsthattheCityofChulaVista proposestofundwithTransNetfundsmustbeincludedintheRTIP,aswellasprojectsthatare fundedwithFederalorStatetransportationfunds.Fundingrecommendationsandsignedresolutions must be submitted electronically to SANDAG by the June3, 2016, deadline. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecausetheactivityconsistsof governmentalRegionalTransportationImprovementProgram/TransNetfundsactivity,whichdoes notinvolveanycommitmenttoanyspecificprojectthatmayresultinapotentiallysignificantphysical impactontheenvironment.Therefore,pursuanttoSection15060(c)(3)oftheStateCEQA Guidelines,theactivityisnotsubjecttoCEQA.Thus,noenvironmentalreviewisrequired.Although environmentalreviewisnotrequiredatthistime,oncethescopeofpotentialindividualprojectshas City of Chula VistaPage 1 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 334 File#:16-0184, Item#: 13. beendefined,environmentalreviewwillberequiredforeachprojectandtheappropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION ThepurposeofthisRTIPAmendmentistotransferavailablefundsfromsomecapitalprojectsand reprogramfundstoon-goingprojectsthatrequireadditionalfunding.EntriesfortheJune Amendmenttothe2014RTIPcanbemadebeginningApril22,2016,andresolutionsfromthelocal agencymustbereceivedbySANDAGnolaterthanJune3,2016.TheSANDAGBoardwillratifythe amendment on July 22, 2016. Transfers and Appropriations ThisactionisintendedtoreallocatefundsallocatedtoCapitalImprovementProgram(CIP)projects thathavebeencompletedorcanbecompletedwithintheexistingbudgetbuthaveavailablefunds thatcanbereprogrammed.ThesefundswillbetransferredtoCIPprojectsthatneedadditional fundingandthetransferswillbemadebetweenMaintenanceprojectsinordertomaintainthe expenditurerequirementsintheTransNetOrdinance.Sincethesefundshavenotyetbeenbudgeted in the Capital Improvement Program, appropriation of these funds is required with this Council action. Attachment 1 provides details of these transfers. Maintenance Projects CHV33: School Zone Traffic Calming (STL389 & TF345) Afundtransferof$50,000inTransNetfundsisneededfromSTL389toTF345.NoRTIPAmendmentisneededforthis action, since it does not change the CHV33 overall budget. An appropriation is required to amend the CIP budget. TF345:TheTrafficCalmingProgramrequires$50,000inordertoprovidesufficientfundstorespondtopublic requests, coordinate with the Police Department, and prepare reports to the Safety Commission. STL389:TheCastleParkMiddleSchoolPedestrianImprovementsprojecthadpartialfundingasalocalmatch shareforagrantsubmittalthatwasnotsuccessful.StaffwillcloseouttheprojectandrescopeinafutureCIP. The remaining balance of $50,000 will be transferred to TF345. $50,000 is proposed to be transferred to TF345 from STL389 to address the funding needs. CHV45: Traffic Monitoring Program (TF392, TF321, CHV34 for TF327) Afundtransferof$88,000isneededfromTF392totwoCIP’s:TF321&TF327.Anewlyavailablelessexpensivetraffic datacollectionsystemwasimplementedonPalomarStreet,fromIndustrialBoulevardtoBroadway,for$110,000less than the original budget of $136,000. Thus, $88,000 of the available balance will be moved to two projects. NoRTIPAmendmentisneededforthe$13,000TransNetfundtransfertoTF321,sinceitdoesnotchangetheCHV45 overall budget. An appropriation is required to amend the budget. TF327willrequire$75,000inTransNetfundsduetoadditionalstaffcostsrelatedtoconstituentrequestsandworkrelated toSafetyCommissioninvestigations,reportpreparationsandimplementation.ThisactionrequiresanRTIPAmendment City of Chula VistaPage 2 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 335 File#:16-0184, Item#: 13. sinceTF327isinCHV34andthefundsarecomingfromCHV45.AnappropriationisalsorequiredtoamendtheCIP budget. TF321: The Citywide Traffic Count Program TF321 project requires $13,000. TF327: The Neighborhood Safety Program project requires $75,000. TF392: The Palomar Street Traffic Data Collection project is complete and $88,000 remain in the project. $88,000 is proposed to be transferred from TF392 to TF321 and TF327 to address the funding needs. CHV50: Emergency Storm Drain and Bridge Culvert Repair (STM355 for GG222) TheCityisintheprocessofselectingaconsultingfirmtoprepareaPedestrianConnectivityandInfrastructure ImprovementPlanunderGG222,AssetManagement.Thisconsultantwillconductinspectionandevaluationonall sidewalksandpedestrianrampstoaccesstheirconditionandcompliancewiththeAmericanswithDisabilitiesAct. RecommendationsforfutureCIPprojectswillalsobeprovided.Staffrecommendsappropriatinganadditional$70,000to cover staff and consultant costs. This project will be included under CHV34. ThisactionrequiresanRTIPAmendmentsinceSTM385isinCHV50andthefundsarebeingtransferredfromCHV34. An appropriation is required to amend the CIP budgets: GG222: The Asset Management project requires $70,000. STM385: The Emergency Storm Drain and Culvert Repair project is complete and $70,000 remain in the project. $70,000 is proposed to be transferred to GG222 from STM385 to address the funding needs. DECISION-MAKER CONFLICT For STL389 and TF392 StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnopropertyholdingswithin500feet oftheboundariesofthepropertywhichisthesubjectofthisaction.Consequently,thisitemdoesnotpresenta disqualifyingrealproperty-relatedfinancialconflictofinterestunderCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofanyotherfactthatmay constitute a basis for a decision maker conflict of interest in this matter. All Other Projects Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-specificand consequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),isnotapplicable tothisdecisionforpurposesofdeterminingadisqualifyingrealproperty-relatedfinancialconflictofinterestunderthe Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyotherfactthatmay constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strong andSecureNeighborhoodsandaConnectedCommunity.TheTransNetLocalStreetImprovementProgramsupports theStrongandSecureNeighborhoodstrategyintheCity’sStrategicPlan.Itprovidesfundingforthemaintenanceand rehabilitationofpublicinfrastructure,whichisakeyCityfunctioninprovidingasafeandefficienttransportationsystemfor residents, businesses and visitors. City of Chula VistaPage 3 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 336 File#:16-0184, Item#: 13. CURRENT YEAR FISCAL IMPACT Approvalofthisresolutionwillresultinthetransferof$50,000fromSTL389toTF345;$88,000fromTF392toTF327 ($75,000)andTF321($13,000);and$70,000fromSTM385toGG222intheTransNetfunds.Therearesufficientfunds in these projects to perform these appropriations. Therefore, there are no additional impacts to the TransNet fund. ONGOING FISCAL IMPACT Upon completion of the CIP projects, the improvements will require only routine maintenance. ATTACHMENTS 1.Administrative Transfers Staff Contact: Elizabeth Chopp, Senior Civil Engineer J:\\Engineer\\ADVPLAN\\Transnet\\FY2015-16\\2014 RTIP May 2016 rev-RH.doc City of Chula VistaPage 4 of 4Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 337 ATTACHMENT 1 PROJECT FUND TRANSFERS FROMTO MPO IDPROJECTAmountFundMPO IDPROJECT4/5thsAmount CHV33(M)STL389$ 50,000TNCHV33(M)TF345Yes$50,000* CHV45(M)TF392$ 88,000TNCHV34(M)TF327Yes$75,000 CHV45(M)TF321Yes$13,000* CHV50(M)STM385$ 70,000TNCHV34(M)GG222Yes$70,000 * Funds stay within same MPO ID, no RTIP Amendment needed ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 338 RESOLUTION NO. 2016_________ 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, REDUCING THE STL389 ($50,000), TF392($88,000), AND STM385($70,000) CIP BUDGETS IN TRANSNET FUNDSAND APPROPRIATING THE EQUIVALENT AMOUNTSTO TF345($50,000), TF327($75,000), TF321($13,000)AND GG222($70,000), 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 TransNet WHEREAS,the Extension Ordinance provides that SANDAG, acting asthe Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible TransNet to use transportation sales tax () funds; and WHEREAS, in February 2015the City Of Chula Vista was provided with an TransNet estimate of annual local street improvement revenues for fiscal years 2016 through 2020; and WHEREAS, CounciladoptedtheTransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015through 2018/2019for inclusion in the Regional Transportation Improvement Program (RTIP)on May 6, 2014 through passage of Resolution 2014-066; and WHEREAS, additional funding is required for several projects. Available TransNet funding is available for these projects, as shown on Exhibit A; and WHEREAS, staff recommends amending the revised TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/15 through 2018/19 for inclusion in the Regional Transportation Improvement Program (RTIP) as shown on Exhibit A; and WHEREAS,the City Of Chula Vista has held a noticed public meeting on May 10, 2016, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section TransNet 5(A) of the Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 339 Resolution No. _________ Page 2 NOW THEREFORE, BE IT RESOLVEDthat 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. TransNet BEIT FURTHER RESOLVEDthat pursuant to Section 4(E)(3) of the Extension Ordinance, the City of Chula Vista certifies that all new projects, or major TransNet reconstructionprojects, funded by revenues shall accommodate travel by pedestriansand 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 Vistas public hearing process. TransNet BE IT FURTHER RESOLVEDthat pursuant to Section 8 of the Extension Ordinance, the City of Chula Vista certifies that the required minimum annual levelof 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 SANDAG. TransNet BE IT FURTHER RESOLVEDthat pursuant to Section 9A of the Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicableannual 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). TransNet BE IT FURTHER RESOLVEDthat pursuant to Section 13 of the Extension Ordinance, the City of Chula Vista certifies that it has established a separate TransNet TransportationImprovement Account for revenues with interest earned expended only for those purposes for which the funds were allocated. TransNet BEIT FURTHER RESOLVEDthat pursuant to Section 18 of the Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or TransNet morewill be clearly designated during construction with project funding identification signs. BEIT FURTHER RESOLVEDthat the City of Chula Vista does hereby certify TransNet that all other applicable provisions of the ExtensionOrdinance and SANDAG Board Policy No. 31 have been met. BEIT FURTHER RESOLVEDthat the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or TransNet claims related to City of Chula Vistas funded projects. BEIT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the amendment ofthe TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015through 2018/2019for inclusion in the Regional Transportation Improvement Program,reducingtheSTL389($50,000), TF392 ($88,000)and STM385($70,000) CIP Budgets in TransNet Funds and appropriatingthe ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 340 Resolution No. _________ Page 3 equivalent amounts to TF345($50,000), TF327($75,000), TF321($13,000)and GG222 ($70,000). Presented byApproved as to form by ____________________________________________________ Richard A. HopkinsGlen R. Googins Director of Public WorksCity Attorney ExhibitA ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 341 EXHIBIT A PROJECT FUND TRANSFERS FROMTO MPO IDPROJECTAmountFundMPO IDPROJECT4/5thsAmount CHV33(M)STL389$ 50,000TNCHV33(M)TF345Yes$50,000* CHV45(M)TF392$ 88,000TNCHV34(M)TF327Yes$75,000 CHV45(M)TF321Yes$13,000* CHV50(M)STM385$ 70,000TNCHV34(M)GG222Yes$70,000 * Funds stay within same MPO ID, no RTIP Amendment needed ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 342 City of Chula Vista Staff Report File#:16-0232, Item#: 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Name of case: Katherine Wenrich v. City of Chula Vista, et al.,San Diego Superior Court, Case No. 37-2014- 00037007-CU-PA-CTL City of Chula VistaPage 1 of 1Printed on 5/5/2016 powered by Legistar™ ΑΏΐΕȃΏΔȃΐΏ !¦¤£ Packet0 ¦¤ 343