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HomeMy WebLinkAbout2007/03/13 Agenda Packet ~~~ :-~s. ~ ~~~~ ""~-=" CllY OF CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Council member Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Councilmember CALL TO ORDER I declare under penalty of perjury that I am employed by the City of Chula Vista in the C 'I Ch b OHice of the City Clerk and that I posted this . OunCI am ers document on the bulletin board according to CIty Hall Brown3treqUi~ementa. ~ ~ ~76FOurthAvenue Dated }{,~ 7 Slgne ~1f41A t.--, March 13,2007 6:00 P.M. ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Mary Helvie, Commission on Aging Russ Hall, Growth Management Oversight Commission Nancy MulcalJy, International Friendship Commission DID YOU KNOW...THE LIBRARY HAS A NEW LOGO? Presented by Jeri Gulbransen. CONSENT CALENDAR (Items 1 through 2) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMILLIN OTAY RANCH, LLC, FOR MANAGING AND PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EASTERN URBAN CENTER (EUC) SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Through December 2006, Marion B. Borg has provided professional services for managing and processing multiple Sectional Planning Area (SPA) Plans under a two- party contract as an extension of staff. Adoption of the resolution approves the attached three-party agreement, which supercedes the prior two-party agreement with the City, so that the consulting services will be dedicated to the Eastern Urban Center (EUC) SPA Plan Environmental Impact Report (EIR) through the entitlement process. (Planning and Building Director) Staffrecommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 120-DA Y EXTENSION TO THE DEFERRAL OF THE PORTION OF THE COMPREHENSNE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9, 10lUNIVERSITY AREA OF OTAY RANCH On December 13, 2005, the City Council approved the City's Comprehensive General Plan Update with the exception of the area comprised of Villages 8, 9 and 10fUniversity Area within Otay Ranch. This area was deferred for a period of 120 days, and has been deferred three additional times with a current expiration date of March 14, 2007. Adoption of the resolution extends the deferral period for an additional 120 days to allow staff to work with the two property owners to reach a mutual agreement on a land plan and bring the matter to a satisfactory conclusion. (Planning and Building Director) Staff recommendation: Council adopt the resolution. PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 2 - Council Agenda htto:/ /www.chnlavistaca.gov March 13, 2007 PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. if you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 3. CONSIDERATION OF THE CITY OF CHULA VISTA 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SHELTER GRANT PROGRAM (ESG), AND THE AMERICAN DREAM DOWN PAYMENT PROGRAM The purpose of the public hearing is to solicit public input on the use of federal grant program funds as well as to provide the City Council with staff funding recommendations. (Acting Community Development Director) Staff recommendation: Council conduct the public hearing. OTHER BUSINESS 4. CITY MANAGER'S REPORTS 5. MAYOR'S REPORTS A. Ratification of Egbert Oostburg to the Charter Review Commission. B. Update from Chargers Relocation Council Subcommittee (Mayor Cox/Councilmember McCann) C. Update from South Bay Power Plant Council Subcommittee (Mayor Cox/Councilmember Castaneda) 6. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 . Two cases 8. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager Page 3 - Council Agenda htto:/lwww.chulavistaca.2ov March 13, 2007 9. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Umepresented employee: City Manager ADJOURNMENT to the Regular Meeting of the City Council, March 20, 2007 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 4 - Council Agenda htto:/ /www.chulavistaca.gov March 13, 2007 Page 1 of 1 Lori Peoples From: Lorraine Bennett Sent: Tuesday, February 27, 2007 11 :43 AM To: Lori Peoples Subject: FW: Veterans Advisory Commission - COMMISSION RESIGNATION -----Original Message----- From: Jennifer Quijano Sent: Tuesday, February 27, 2007 11:35 AM To: Lorraine Bennett Cc: 'Price, Bobby R.' Subject: FW: Veterans Advisory Commission - COMMISSION RESIGNATION Lorraine, As discussed, please see the below email from Sherry Strothers advising of her resignation effective immediately from the Veterans Advisory Commission. Sherry is no longer a resident of Chula Vista and is an active duty Warrant Officer who is moving to Norfolk, VA. Please place the resignation on the agenda at the March 6 Council meeting for ratification and upon approval, please post the vacancy and let me know so I can move forward with interviews to fill the vacancy. If you have any questions, please let me know. Respectfully, Jennifer Quijano Constituent Services Manager Office of the Mayor City of Chula Vista, CA (619) 691-5044 From: Sherry [mailto:sdstrothers@yahoo.com] Sent: Monday, February 26, 2007 10:26 PM To: Jennifer Quijano Subject: COMMISSION RESIGNATION Hello, My name is Sherry Strothers, I was a member of the Chula Vista's Veteran Commission. Is this e-mail sufficient enough to resign my commission? If not, please advice me on the proper procedure. Sincerely, Sherry Strothers 2-A 2/27/2007 CITY COUNCIL AGENDA STATEMENT ~\~ errv OF '~~CHUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: Item No.: I Meeting Date: 3/13/2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMILLIN OTAY RANCH, LLC, FOR MANAGING AND PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EASTERN URBAN CENTER (EUe) SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT DIRECTOR OF PL~ING AND BUlLDINP f CITY MANAGER J' 4/5THS VOTE: YES NO X BACKGROUND: Through December, 2006, Marion B. Borg provided professional services for managing and processing multiple Sectional Planning Area (SPA) Plans under a two-party contract as extension of staff. The attached three-party agreement supercedes the prior two-party agreement with the City, so that the consulting services will be dedicated to the Eastern Urban Center (EUC) SPA Plan Environmental Impact Report (EIR) through the entitlement process. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 1 5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: That the City Council adopt the Resolution waiving the formal consultant selection process, approving the three-party agreement with Marion B. Borg Environmental Consulting for consulting services related to the management and processing of the EUC SPA Plan EIR and authorize the Mayor to sign the agreement. 1-1 Item No.: I Meeting Date:3/1312007 Page 2 of2 BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: For the past seven years, Marion B. Borg has provided professional services to the Planning and Building Department as an Environmental Project Manager through a two-party contract as an extension of staff. Due to budget cuts, the majority of this multi-project workload has been shifted to existing City staff. Due to project complexity, continuity of effort, and availability of remaining environmental project managers on staff, staff recommends retaining the consultant to process specifically the Eastern Urban Center SPA Plan EIR. Although City staff administer the contract and manage the consultant, the applicant McMillin Otay Ranch, LLC, endorses Marion B Borg as the Environmental Project Manager for this project. Based on her Chula Vista experience and knowledge of the California Environmental Quality Act (CEQA), Mami is uniquely qualified for this sole-source contract. She has the unique skills for managing the preparation of complex multi-discipline environmental reports. Most recently, she has managed the preparation of EIRs for both Village Two and Village Seven SPA Plans in the Otay Ranch as well as the EIR for Eastlake Seniors project. In addition, she has the confidence of the development community for her management skills and knowledge of the CEQA to expeditiously process EIRs. For these reasons, City staff recommends Council waive the formal consultant selection process as impractical, as described in Section 2.56.070 of the Municipal Code. DECISION-MAKER CONFLICTS: No Property within 500 feet: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. FISCAL IMPACT: There will be no net impact to the General Fund from this change in contract status. The contract cost will be paid directly out of McMillin Companies existing deposit account. ATTACHMENTS Attachment I: Three-Party Agreement Prepared by: Richard M Rosaler, AICP, Principal Planner, Planning and Building Department H:\Planning\BobMc\EUC Borg Contract Staff Report 3-6-07.doc 1-2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL i--?~_X-' O~~ Ann Moore City Attorney Dated: 3/ '~! [) 7 Three Party Agreement Between City of Chula Vista, Marion B. Borg Environmental Consulting, Consultant, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered With regard to Applicant's Eastern Urban Center Project 1-3 Three Party Agreement Between City of Chula Vista, Marion B. Borg Environmental Consulting, Consultant, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered with regard to Applicant's Eastern Urban Center Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant" Marion B. Borg Environmental Consulting whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" McMillin Otay Ranch, LLC whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. It is also anticipated Applicant will make application with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 4. 3PtyBorg-EUC 03-06-07.doc Page 1 1-4 2.3. Applicant, Exhibit A, In order for the City to process the Application of Work of the general nature and type described in Paragraph 5, ("Work") will need to be completed. 2.4. City does not presently have the to process the application within for review by the Applicant. "in-house" st.aff or the time frame resources requested 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6. background Additional facts and circumstances regarding the for this agreement are set forth on Exhibit B; 3 . Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City'S direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of 3PtyBorg-EUC 03-06-07.doc Page 2 1-5 Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3ptyBorg-EUC 03-06-07.doc Page 3 1-6 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions 3ptyBorg-EUC 03-06-07.doc Page 4 1-7 of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. within 30 days after of the use Nothing herein shall invalidate herein authorized. Applicant shall be notified of the Deposit in any manner. use of the Deposit in the manner 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount i~ such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. 3ptyBorg-EUC 03-06-07.doc Page 5 1-8 In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. demonstrate proof Certificates of Insurance. Consultant shall of coverage herein required, prior to the 3ptyBorg-EUC 03-06-07.doc Page 6 1-9 commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.2.3 Security for Performance - Performance Bond. In the event that the need for a Consultant to provide a Performance Bond arises, then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount shall be indicated in an attachment as "Performance Bond" Exhibit. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 3ptyBorg-EUC 03-06-07.doc Page 7 1-10 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract 3ptyBorg-EUC 03-06-07.doc Page 8 1-11 administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant 3ptyBorg-EUC 03-06-07.doc Page 9 1-12 will not the term interest acquire, obtain, or assume an economic interest during of this Agreement which would constitute a conflict of as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ( "prohibi ted Interest") . Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in 3ptyBorg-EUC 03-06-07.doc Page 10 1-13 conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the CITY for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Agreement for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the CITY in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the 3ptyBorg-EUC 03-06-07.doc Page 11 1-14 City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. and shall work. Applicant shall have no right to terminate Consultant, not exercise any control or direction over Consultant's 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been 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, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Consultant to Indemnify City and Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. 3ptyBorg-EUC 03-06-07.doc Page 12 1-15 Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13 .2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 3ptyBorg-EUC 03-06-07.doc Page 13 1-16 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. 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 Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed 3ptyBorg-EUC 03-06-07.doc Page 14 1-17 by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. 3ptyBorg-EUC 03-06-07.doc Page 15 1-18 The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. 14. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. (End of Page. Next Page is Signature Page.) 3ptyBorg-EUC 03-06-07.doc Page 16 1-19 Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista by: Cheryl Cox, Mayor Attest: Susan Bigelow City Clerk Approved as to Form: Consultant: Marion B. Borg Environmental Consulting Ann Moore City Attorney Dated: by: Dated: Applicant: McMillin Otay Ranch, LLC A Delaware limited liability company By: McMillin Companies, LLC, A Delaware limited liability company Its: Manager 3ptyBorg-EUC 03-06-07.doc Page 17 1-20 By: Its: By: Its: 3ptyBorg-EUC 03-06-07.doc 1-21 Page 18 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the processing of development applications, such as rezone, environmental studies and precise plans, and WHEREAS, Consultant warrants time on this project will be billed at no more than the hourly rate the City bills for an equivalent City Staff, and WHEREAS, both City and Applicant agree to waive the formal consultant selection process due to prior work on the same project performed by Consultant while under a 2-party contract with the City, thereby making it impractical to solicit formal bids, and WHEREAS, the Planning and Building Director has negotiated the details of this agreement in accordance with procedures set forth in the Chula Vista Municipal Code. 3ptyBorg-EUC 03-06-07.doc Page 1 1-22 Exhibit A Reference Date of Agreement: March 13, 2007 Effective Date of Agreement: January 1, 2007 City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Marion B. Borg Environmental Consulting, Business Form of Consultant: X) Sole Proprietorship ) Partnership ) Corporation Address: 13904 San Sebastian Way, Poway CA 92064 Applicant: McMillin Otay Ranch, LLC, Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation Address: 2750 Womble Road San Diego, CA 92106 1. Property (Commonly known address or General Description) The application covers that property generally known as Eastern Urban Center, which is located in the central portion of the Otay Valley Parcel of the Otay Ranch General Development Plan area. The proposed Eastern Urban Center is approximately 230 acres and is bounded by the proposed alignments of Birch Road on the north, Hunte Parkway on the south, Eastlake Parkway on the east, and SR-125 on the west. Applicant is only applying for entitlements of their portion of the ownership of subject property. 3ptyBorg-EUC 03-06-07.doc Page 2 1-23 2. Project Description ("Project"): The project consists of a Second Tier Environmental Impact Report (EIR) for the EUC SPA Plan. The EUC SPA Plan would refine the plans, goals, objectives, and policies of the Otay Ranch GDP and the City of Chula Vista General Plan. The SPA Plan would be consistent with the GDP and General Plan with a maximum development potential of 2,983 residential units and 3,497,000 square feet of non- residential development, including office, commercial and civic uses. 3. Entitlements applied for: General Plan Amendment, General Development Plan, Sectional Planning Area (SPA) Plan, and Planned Community District Zoning Regulations), Preliminary Grading Plan, Tentative Subdivision Map, and Design Review. 4. General Nature of Consulting Services ("Services--General"): Consultant shall manage the preparation and processing of the Environmental Impact Report (EIR) for the EUC proj ect being prepared by others in accordance with the City of Chula Vista Environmental Review Procedures; with the criteria, standards and procedures of the California Environmental Quality Act (CEQA) of 1970, as amended, (Public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (Public Resources Code Section 15000 et seq.); and with other applicable regulations, requirements and procedures of any other responsible public agency or any agency with jurisdiction by law. All work performed by Consultant shall be to the satisfaction of City's Planning & Building Director. 5. Detailed Scope of Work ("Detailed Services"): Consultant shall manage all phases of preparation and processing of the EIR for the EUC proj ect through the City. The primary responsibility of Consultant is to manage the EIR consultant that will prepare the EIR. The detailed services to be provided are described below: A. EIR Consultant Management 3ptyBorg-EUC 03-06-07.doc Page 3 1-24 1. Coordinate with EIR consultant regularly regarding EIR scope, preparation and progress; 2. Moni tor EIR consultant contract performance, including deliverables, costs and schedule; 3. Review and edit all notices; 4. Review and edit all technical studies prepared by EIR consultant; 5. Attend site visits with EIR consultant as necessary; and 6. Review and edit all screencheck draft EIRs, draft responses to comments, draft Findings and Statement of Overriding Considerations (if required), and draft Final EIR. B. Other Project Processing Services 1. Coordinate with City staff assigned to the project; 2. Review and comment on the EUC SPA as it relates to the EIR; 3. Distribute all public notices; 4. Review all technical studies prepared by applicant; 5. Compile staff comments on screencheck Draft EIRs and technical studies; 6. Distribute Draft EIR for public review, including public distribution, RCC and Planning Commission; 7. Distribute Final EIR, including public agencies that commented on the EIR, Planning Commission and City Council; 8. Schedule staff meetings to discuss EIR issues; 9. Attend and prepare for team meetings and focus group meetings; 10. Attend and prepare for the RCC meeting; 11. Attend and prepare for public hearings including Planning Commission to close public review, Planning Commission on the draft EIR and City Council on the Final EIR; and. 12. Maintain project file for the duration of the project, and close project file after the 30-day Notice of Determination statute of limitations period has ended. 6. Schedule, Milestone, Time-Limitations within which to Perform Services. 3ptyBorg-EUC 03-06-07.doc Page 4 1-25 Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: Under direction of the Principal Planner, and will function as an extension of City staff. Dates for completion of all Consultant services: June 30, 2008, or adoption of the EUC SPA Plan by City Council. 7. Documents to be provided by Applicant to Consultant: SPA Plan, tentative map, technical studies submitted to City- related to project. 8. Contract Administrators. City: Richard M. Rosaler, AICP, Principal Planner, City of Chula Vista Planning and Building Department, 276 Fourth Av, Chula Vista, CA 91910, ph: (619)476-5394, FAX: (619)409-5859, email: rrosaler@ci.chula-vista.ca.us. Applicant: Todd Galarneau, Vice-President, McMillin Otay Ranch, LLC, PO Box 85104, San Diego, CA 92186-5104, ph: (619)794- 1303, FAX: (619)336-3057 email: tgalarneau@mcmillin.com Consultant: Marion B. Borg, Consultant, Marion B. Borg Environmental Consulting, 13904 San Sebastian Way, Poway, CA 92064, ph: (858)679-8546, FAX (858)679-8618, email: mbbenv@cox.net. 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. 3ptyBorg-EUC 03-06-07.doc Page 5 1-26 Category No.1. Category No.2. Category No.3. ) Category No.4. ) Category No.5. ) Category No.6. ) Category No.7. 10. Insurance Requirements: Investments and sources of income. Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Business positions. (X ) Commercial General Liability: $1,000,000. (X ) Automobile Liability: $1,000,000. ( ) Worker's Compensation: Statutory 3ptyBorg-EUC 03-06-07.doc Page 6 1-27 Employer's Liability: $1,000,000. Errors and Omissions Liability: $2,000,000. 3ptyBorg-EUC 03-06-07.doc 1-28 Page 7 Exhibit C Compensation Schedule and Deposit: Terms and Conditions. Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: Single Fixed Fee Amount: $ Milestone or Event Amount or Percent of Fixed Fee Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "phased Fixed Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement") Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase (X ) Time and Materials 3ptyBorg-EUC 03-06-07.doc Page 8 1-29 For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: (X ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $76,000 including all Materials, and other "reimburseables" ("Maximum Compensation"). ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City Council. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 3ptyBorg-EUC 03-06-07.doc Page 9 1-30 Rate Schedule Category of Employee of Consultant Name Consultant Marion B. Borg Hourly Rate $95.00 Materials Separately Paid For by Applicant ( X ) Materials Reports Copies ( X ) Travel ( X ) Printing ( X ) Postage ( X ) Delivery ( X ) Long Distance Telephone Charges ( X ) Other Actual Identifiable Direct Costs Mileage charged at $0.40 per mile Deposit ) Deposit Amount: $ 3ptyBorg-EUC 03-06-07.doc 1-31 Cost or Rate Actual Actual Actual Actual Actual Actual Actual Page 10 Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X Bill Processing: A. Consultant's Billing to be submitted for the following period of time: X Monthly Quarterly Other: B. Day of the Period for submission of Consultant's Billing: x ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: 3ptyBorg-EUC 03-06-07.doc Page 11 1-32 C. City's Account Number: MCMILN H,\Planning\BobMC\3ptyBorg-EUC 03-06-07.doc 3ptyBorg-EUC 03-06-07.doc Page 12 1-33 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULT ANT SELECTION PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMILLIN OTAY RANCH, LLC, FOR MANAGING AND PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EASTERN URBAN CENTER (EUC) SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, in 2001, the Planning and Building Department retained the services of Marion B. Borg Environmental Consulting with a two-party agreement such that the consultant would function as an extension of staff; and WHEREAS. there have been five subsequent amendments to Consultant's contract to retain her services in subsequent fiscal years, for workload continuity, satisfactory professional performance and the continued need for extension of City staff resources in environmental planning; and WHEREAS. the City paid for Consultant's services through the expenditure budget of the Planning and Building Department; and WHEREAS, the City funded said services through revenue reimbursements from developer deposits though the revenue budget of the Planning and Building Department; and WHEREAS, recent budget contingency reductions eliminated the remaining budget for said services to be paid though the expenditure budget of the Planning and Building Department; and WHEREAS, Consultant's services are still required for continued processing of entitlement agreements for the McMillin Otay Ranch, LLC's EUC SPA Plan project; and, WHEREAS, Consultant's prior experience with the City, intimate knowledge of the EVC SPA Plan, and extensive work perfollned on the project make her uniquely qualified to continue as the Environmental Project Manager for the EUC EIR; and WHEREAS, City staff recommends waiving the formal consultant selection process as impractical, as described in Section 2.56.070 of the Municipal Code of the City of Chula Vista. 1-34 Resolution No. 2007- Page 2 NOW, THEREFORE, BE [T RESOLVED that the City Council of the City ofChula Vista waives the formal consultant selection process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the agreement with Marion B. Borg Environmental Consulting and McMillin Otay Ranch, LLC and authorizes the Mayor to execute the agreement. Submitted by Approved as to form by James D. Sandoval, AICP Planning and Building Director ~~ cL <~~ Ann Moore City Attorney H 1'1..-\i\'NIMj'.ll"hM~' fill.-g R~,,, IlJ-II'.>-1J7 uo~ 1-35 CITY COUNCIL AGENDA STATEMENT ~\'f::. CITY OF ~ CHULA VISTA Item: 2. Meeting Date: 3/13/07 REVIEWED BY: Resolution of the City Council of the City of Chula Vista approving a 120-day Extension to the Deferral of the portion of the Comprehensive General Plan Update comprised of future Villages 8,9,lO/University Area ofOtay Ranch. Director of Planning an~uilding y Interim City Manager VI (4/5ths Vote: Yes_ No-.lQ ITEM TITLE: SUBMITTED BY: DISCUSSION: On December 13,2005, the City Council approved with one exception the City's Comprehensive General Plan Update. The exception was that area which is comprised of Villages 8,9, and 10/University area within Otay Ranch, which was deferred for a period of 120 days. This area has been deferred three additional times. The current deferral will expire on March 14,2007. The deferrals have been intended to provide sufficient time to explore with major owners the feasibility of the potential land use changes with regard to sound planning principles and to evaluate consistency with the goals and objectives of the General Plan Update. Refined potential land use plans better enable the City to attain its goals of viable university and technology park sites. To this end staff has worked closely with the affected property owners on remaining outstanding issues that need to be resolved in order to develop a draft land plan that is workable for all parties involved. Staff has clearly articulated the needs of the City. The two landowners since October of 2006 worked together with professional consultant assistance in an effort to reach agreement on a land plan and business terms that are mutually agreeable. Since these discussions have not resulted in a satisfactory conclusion, the City has verbally expressed a willingness to work with each property owner separately. On January18, 2007 we sent both parties a letter (Attachment 1.), which further stated that if the above processes are not successful, "... the City will initiate our own land planning process, which will respect the property rights of the landowners, but be solely based on the best interest of the community at large." 2-1 Date, Item No.: 2... Meeting Date: 3/13/07 Page 2 of2 Staff is again recommending a deferral period of 120 days. It is our intent, however, to be able to report back to the City Council significant progress at an earlier time. Any proposed draft land use plan(s), generated through this process, would be reviewed by the Planning Commission and City Council at Public Hearings through the General Plan Update/General Development Plan process. RECOMMENDATION: That the City Council adopt the draft resolution extending for an additional 120 days the deferral for the area comprised as Villages 8,9, and 10lUniversity of Otay Ranch. BOARD/COMMISSION RECOMMENDATION: Not applicable. DECISION-MAKER CONFLICTS: No Property within 500 feet: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. FISCAL IMP ACT: There is no direct fiscal impact from approving this resolution. ATTACHMENTS I. Borden / Cameron Letter Prepared by: Jim Sandoval, Director of Planning and Building J:lplanning\jimICOUNCIL AGENDA STATEMENT GPU DEFERRAL 3-I3-07.dot 2-2 . ~Vt- =~~~ ~- - -- - - ~ A7T4CtiME/Ji ( CI1Y OF CHUIA VISfA December 22, 2006 PLANNING & BUILDING DEPARTMENT Mr. Paul Borden Home Federal Corporation 1903 Wright Place, St. 220 Carlsbad, CA 92008 Rob Cameron JPB Development 610 W. Ash St., Ste. 1500 San Diego, CA 92101 Dear Gentlemen: This letter is a formal request for your submittal of a mutually agreed-upon Otay Land Company and JPB Development land plan for the university, technology park and residential areas ofOtay Ranch. This is the area (along with the City's property) that has been deferred from the General Plan Update approval since December 2005. We are concerned be~ause after a delay of over one year, we have lost significant momentum with the Blue Ribbon University Task Force as well as the potential institutional academic partners. Ifwe do not receive an agreed-upon proposal by January 12, 2006, the City will initiate our own land planning process, which will respect the property rights of the landowners, but be solely based on the best interest of the community at large. Please do not hesitate to call me at either my office (619) 691-5002 or my cell phone (619) 921-8120 if you have any questions or would like to discuss this matter. Sincerely, < Cc: Jim Baldwin, JPB Development Joseph Steinberg, Leucadia National Corporation Jim Thomson, Interim City Manager Ann Moore, City Attorney Laurie Madigan, Assist!U1t City Manager J:\planning\diana\Univcrsity Borden-Camcron Itr.doc ~'h, PRIDE ATWORK I ?7f.. ~r'lllr1'h A\/pnlllo . Me; R-?nn 2-3 -- .--.... _.--_.__.~_.. - - - --- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 120-DAY EXTENSION TO THE DEFERRAL OF THE PORTION OF THE COMPREHENSIVE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9, 10 / UNIVERSITY AREA OF OT A Y RANCH. WHEREAS, the City Council on December 13, 2005 approved the Comprehensive Update of the General Plan with exception of that area comprised of future Village 8,9, and 10/ University (deferral area), which was deferred for 120 days; and WHREAS, in order to provide time to explore the feasibility of potential land use changes with regard to sound planning principles, and to evaluate consistency with the goals and objectives of the General Plan Update, consideration of land use designations and certain policies and objectives pertaining to Villages 8,9, and 10 / University of the Otay Ranch were on April 10, and again on July 25, 2006 and November 14, 2006 deferred for an additional 120 days each; and WHEREAS, these efforts to refine the land use plans are still ongoing, and additional time is needed in order to create a refined proposed land use plan fully consistent with the goals of the General Plan Update. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds, determines, and resolves as follows; that the portion of the comprehensive update of the General Plan comprised of future Village 8, 9, 10 / University is deferred for an additional 120 days from the effective date of this resolution in order to provide time to explore the feasibility of potential and use changes with regard to sound planning principles, and to evaluate consistency with goals and objectives of the General Plan Update. James D. Sandoval Director of Planning and Building Presented by J:\planningljimICOUNCIL AGENDA STATEMENT GPU Deferral Reso.doe 2-4 CITY COUNCIL AGENDA STATEMENT ~!~ CITYOF '~CHULA VISTA March 13, 2007, Iteml SUBMITTED BY: REVIEWED BY: PUBLIC HEARING: TO REVIEW THE CITY OF CHULA VISTA 2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM; THE HOME INVESTMENT PARTNERSHIP PROGRAM; THE EMERGENCY SHELTER GRANT PROGRAM (ESG); AND THE AMERICAN DREAM DOWNPAYMErfI PROGRAM ^~;V ACTING DIRECTOR OF CO~ITY DEVELOPMENT ~ INTERIM CITY MANAGER d I ITEM TITLE: 4/5THS VOTE: YES D NO [!] BACKGROUND As a Housing and Urban Development entitlement community, the City receives funds under three of their block grant programs: Community Development Block Grant (CDBG); the Emergency Shelter Grant (ESG); and the HOME Investment Partnership Act (HOME) program, which includes American Dream Downpayment Initiative (ADDI). The entitlement amounts are determined using a formula based on statistical and demographic data. The funds are for cities to provide decent housing and a suitable living environment, and to expand economic opportunities, principally for low- and moderate-income persons. Each entitlement community develops their own programs and funding priorities. Each year the City undertakes a process to solicit requests and approve programs and projects for these grant funds. This item addresses the 2007-08 entitlement grants as well as the requests for funding received from various City departments and local organizations. The purpose of this public hearing is to offer the residents, non-profit organizations and other interested parties an opportunity to provide input on the 2007-08 proposals received, as well as provide funding recommendations (Attachment No.2). ENVIRONMENTAL REVIEW At this time, no action will be taken on funding specific activities; thus, no environmental review is necessary. Once Council selects the activities to fund, the Environmental Review Coordinator will review the proposed activities for compliance with the National Environmental Protection Act (NEPA) and will determine the level of environmental review necessary for each individual project funded. 3-1 March 13,2007, Iteml Page 2 of5 RECOMMENDATION That the City Council conduct the public hearing to review and accept public comment on the proposals for fiscal year 2007-08 CDBG, ESG and HOME, as shown on Attachment No.3, accept the staff report, and direct staff to return on or about April 17, 2007 with the final funding recommendations. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista receives annual entitlement grants from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant, HOME Investment Partnership Act, and Emergency Shelter Grant programs to support activities which benefit lower income households. The City of Chula Vista is expecting to receive: $2,072,698 in CDBG; $944,947 in HOME; and $88,095 in ESG entitlement funds from HUD for FY 2007-08. These amounts represent a I % decrease for CDBG and HOME and a 6% increase in ESG from 2006-07 funding levels. The decrease is the result of recent budget cuts at the Federal level. Refer to Attachment No.1, 2007/08 Federal Grants Budget. Community Development Block Grant (CDBG) In order to be eligible for block grant funding, a project must address at least one of the CDBG national objectives, which are: . Benefit primarily low and moderate income families; . Aid in the prevention or elimination of slums or blight; and, . Meet other community needs having a major emergency (disasters, etc.). Accompanying this report are the 2007-08 Grant Funding Requests, which include all Administration/Planning and Public Service applications; City Capital Improvement projects; Community Enhancement projects; and Housing and Emergency Shelter Programs. Summaries of the proposals are included in the Summary of Federal Grant Requests (Attachment No.3). The total amount of CDBG funding requested is summarized below. It should be noted that the total amount ofrequests exceeds the amount available by $367,383. 3-2 March 13,2007, Iteml Page 3 of5 Administration and 20 % Cap-allowable budget: Plannin $410,446 $404,446 ($6,000) 15% Cap- allowable budget: Public Services $474,634 $303,335 ($171,299) ClP's and Community Remaining budget: Enhancement Projects Subtotal $1,689,915 $1,364,915 ($325,000) TOTAL $2,574,995 $2,072,698 . Administration and Planning: The City may allocate 20% to Administration and Planning activities. These include City staff time reimbursements, contractual fair housing services and contractual homeless administrative services. . Public Services Program: The city may allocate up to 15 percent for public service programs, based on a cap of the entitlement funds. Public service activities include; but are not limited to, employment services, crime prevention, child care, health and drug abuse, education, energy conservation, welfare, recreation needs. All of the funding requests received for the public service programs are CDBG- eligible as they meet the national objective to primarily benefit low-income families. Staff is recommending that prior-year applicants receive the same amount of funding as they received in 2006/07. The following four activities were new proposals. Although the activities are worthy projects and deemed eligible per HUD standards, staff recommends funding only one of the four activities. Due to limited funding, the remaining three are considered alternative projects and may be funded with CDBG in the event that funds become available. New Public Service Activities Camp Fire USA Proj ect Achieve $25,000 $0 MAAC Project Youth Financial Planning $30,000 $21,000 Southwestern College Wheelchair Accessible Van $35,000 $0 Purchase Second Step Home 2Sh Community Reintegration $35,700 $0 3-3 March 13, 2007, Iteml Page 4 of 5 . Capital Improvement and Community Enhancement Proiects: The Capital Improvement program category includes five (5) requests, which total $1,689,915, with $1,364,915. These requests include a request in the amount of $800,000, which has been reserved for the first Section 108 Loan principal and interest payment. The remaining $564,915 will be available for capital improvement projects, which has been targeted to the Castle Park area. The capital improvement program category does not have a funding cap limit, but is limited by available funds. Capital Improvement Projects may include acquisition, construction or installation of public facility improvements (except for buildings for the general conduct of government). Improvements include streets, sidewalks, curbs, gutters, parks, playgrounds, water/sewer lines, flood/drainage improvements, parking lots, utility lines, and aesthetic amenities on public property such as trees, sculptures, pools and other works of art. Community Enhancement Projects work together with public or private improvements, which result in the elimination of blight in the community. In addition to the Section 108 Loan Payment, two funding requests received for capital funds are recommended. Staff is recommending funding for the installation of ADA curb cuts and a Castle Park Code Enforcement Program. The Castle Park Code Enforcement Program is a one-time project that would code enforcement in conjunction with CDBG CIP funds to strategically improve a specific low income neighborhood. The code enforcement portion would involve door to door surveys of property, assessment of any code violations, and assistance in applying for programs that may help to fund private property improvements. In addition to the CDBG requests listed above, the City will receive three additional HUD grants under Housing Programs. HOME Investment Partnership Act Program (HOME) . The City will receive $944,947 in HOME funds for FY 2007-08. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. In the past years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. Examples of these projects include: MAAC Seniors on Broadway, Brisa del Mar, as well as the rehabilitation of Casa Nueva Vida. HOME funds will be set-aside to assist qualified developers in the production of affordable housing. The selection of these developers and housing projects will be accomplished through a competitive Request for Proposals process later in the year. 3-4 March 13, 2007, Item~ Page 5 of5 American Dream Downpayment Initiative (ADDI} . ADD! funds are administered as a part of the HOME program. Chula Vista will receive $17,444 in ADD! entitlement funds for fiscal year 2007-08. ADD! will be used to assist low-income first-time homebuyers in purchasing single-family homes by providing funds for downpayment, closing costs, and rehabilitation carried out in . conjunction with the assisted home purchase. Emergency Shelter Grant Program (ESG) . Chula Vista will receive ESG entitlement funds in the amount of $88,095 for fiscal year 2007-08. The City received two proposal from local homeless service providers for the use of these funds. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this report and has determined that it the activities under the Administration and some Public Service programs of the CDBG, HOME and ESG programs are not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. However, several Public Services programs and Capital Improvement and Community Enhancement projects are site specific. For this reason, Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the projects and programs. FISCAL IMPACT The City will receive a total of$3,105,740 in combined federal grant funds from the U.S. Department of Housing and Urban Development for the CDBG, HOME and ESG grant programs. These funds will be used to provide: public services; housing services; complete capital improvement projects; produce affordable housing; and, aid the homeless. There is no cost to the City's General Fund as project and staff costs are covered by the grants. The above amount represents a 1 % reduction in CDBG and HOME funding. As such, Administration for the CDBG and HOME program has been reduced. This will result in an impact to the General Fund of approximately $5,000. These changes will be reflected in the proposed fiscal year 2008 budget. ATTACHMENTS Attachment 1: 2007/08 Federal Grants Budget Attachment 2: 2007/08 Federal Grant Funding Requests and Recommendations Attachment 3: 2007/08 Federal Grant Applicant Summary and Eligibility Prepared by: Angelica Davis, Community Development Specialist II, Community Development Dept. 3-5 FY 2007-08 FEDERAL GRANTS BUDGET Department of Housing and Urban Development Community Development Block Grant (CDBG) Home Investment Partnership Act Grant (HOME) Emergency Shelter Grant (ESG) CDBG Grant Funding CDBG Entitlement Additional Funds Available CDBG Funds in LOC Totai CDBG Entitlement $2,022,234.00 $50,464.75 $2,072,698.75 Administration (20% of Entitlement) Public Services (15"10 of Entitlement) Section 108 Loan Payment (5.36% Int.) apl a mprovemen rOJec s, 0 e n orcemen an Community Enhancement Total CDBG Allocations $404,446.80 $303,335.10 $800,000.00 $564,916.85 $2,072,698.75 HOME Funding HOME Entitlement American Dream DownPayment Initiative Total HOME Entitlement $927,947.00 $17,000.00 $944,947.00 Administration (10% of Entitlement) ADDI Remaining funds to be allocated towards the production of affordable housing and related housing activities. Total HOME Allocations $92,794.70 $ 17,000.00 $835,152.30 $944,947.00 ESG Funding ESG Entitlement D:"'.:"',.';"";","" .' ...".H.......... $88,095.00 ",.",>,,';'.:;>">''''; "";"'''''''',:,"'''''' Administration (5% of Entitlement) Remaining Balance will be allocated towards local homeless shelters Total ESG Allocations $4,404.75 $83,690.25 $88,095.00 TOTAL FEDERAL GRANT FUNDING $3,105,740.75 Attachment No. 1 3-6 2007/2008 Federal Grant Funding Requests and Recommendations CDBG- HOME - ESG ity - Community Development CDBG Program Administration $ 370,446.00 $ 370,532.00 $ 367,446.80 Fair Housing Council of Fair Housing and Tentant- San Diego Landlord Education $ 39,000.00 $ 39,000.00 $ 36,000.00 egtona as orce on eglona as orce on e the Homeless, Inc. Homeiess $ I ,000.00 $ 1,000.00 $ 1,000,00 Tolol $ 410,446,00 $ 404,446,80 Youth Services Camp Fire USA - San Project Achieve After School Diego Program $ 25,000.00 $ $ ityot hula Vista - Recreation WizKidz Program $ 15,249,00 $ 12,299.00 $ 12,299,00 Family Health Centers of S.D. KidCare Express III Medical Unit $ 35,000.00 $ 27,000.00 $ 27,000.00 MAAC Project Youth Financial Planning Project $ 30,000.00 $ $ 21,000.00 South Bay Community SVGs. Prevention and DiversionProject $ 131,000.00 $ 96,600.00 $ 96,600.00 Y oulh Services Tolal $ 236,249.00 $ 135,899.00 $ 156.899.00 Disabled Services Charles Cheneweth Foundation Community Access Program $ 25,000.00 $ $ 11,000.00 Ity 0 Chula VISta - Recreation Community Re-entry Outings $ 20,000.00 $ $ 17,936.10 Chula Vista Veterans Shower Access Chairs and Sling Home Lifter $ 4,000.00 $ 3,500.00 $ 3,500.00 Southwestern ollege Whee chair Accesible Van $ 35,000.00 $ $ Disabled Services Tolal $ 84.000.00 $ 3.500.00 $ 32.436.10 Senior Servic es South Bay Adult Day Health Adult Protective Svcs. Care $ 12,000.00 $ 11,000.00 $ 11,000.00 Meals-on-W eels Meais-on-Wheels $ 12,000.00 $ 12,000.00 $ 12,000.00 Senior Services Total $ 24,000.00 $ 23,000.00 $ 23.000.00 Homeless Services South Bay ommunity $vcs. Thursday's Meal $ 10,000.00 $ 10,000.00 $ 10,000.00 Regional Shelter Voucher Regionai Shelter Voucher Program Program $ 5,000.00 $ 5,000.00 $ 5,000.00 Homeless Services Total $ 15.000.00 $ 15,000.00 $ 15,000.00 Other Services Chula Vista Elementary School District Child Care Coordinator $ 45,593.00 $ 42,000.00 $ 42,000.00 Second Step Home 2SH Community Re-Integration $ 34.092.00 $ $ South Bay Community Family Violence Treatment Svcs. Program $ 35,700.00 $ 34,000.00 $ 34,000.00 Olher Services Tolal $ 115.385,00 $ 76,000.00 $ 76.000.00 Public Services Tolal $ 474,634.00 $ 253,399.00 $ 303.335.10 Attachment NO.2 3-7 200712008 Federal Grant Funding (Cont.) I 0 uo IS Q- General Svcs. ADA Curb Cut Program $ 414,915,00 $ 209,130,00 $ 414,915.00 City 0 hula Vista - Com.Dev. Section 108 Loan Repayment $ 800,000.00 $ $ 800,000.00 Community Center Facility MAAC Project Improvement $ 75,000.00 $ $ City 0 Chula VISta - Castle Park Code Entorcement Planning Program $ 300,000.00 $ 150,000.00 $ 150,000.00 I yo ua IS Q- Planning Housing Inspection $ 100,000.00 $ $ Total $ 1,689,915.00 S 1,364,915,00 ESG Available $88,095,00 Amount Prior Year Recommended Organization Project Tille Request Funding Funding Ecumenical Council ot Interfaith Shelter Network San Diego Rotational Shelter $ 10,350.00 $ - $ 10,350.00 South Bay Community Svcs. Casa Nueva Vida $ 85,000.00 $ 82,644.00 $ 73,341.00 City - Comm. Dev. ESG-06 Program Administration $ 4,404.00 $ 4,350,00 $ 4,404.00 Total S 99,754,00 S 88,095,00 HOME Available $944,947,00 Amount Prior Year Recommended Organization Project Tille Request Funding Funding City - Comm. Dev. HOME Program Administration $ 92,794.00 $ 93,000.00 $ 92,794.00 City - Comm, Dev. Production of AHordable Hsng. $ 520,153.00 $ 404,321.00 $ 520,153.00 American Dream Down City - Comm. Dev, Payment $ 17,000.00 $ 17,000.00 $ 17,000.00 ISouth Bay Community Attoraaole HouSIng tor Low- Svcs. Income Families $ 411,216.00 $ - $ 315,000.00 Total IS 944,947,00 Attachment No.2 3-8 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Administration Project Title: CDBG Program Administration Organization/Dept.: City - Community Development Project Description: Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's CDBG program, including planning, regulatory compliance, contract administration, and fiscal management. Project Location: N/ A Amount Reauested for 2007 108: Amount Received in 2006/07: Fundina Recommended: $370,446.00 $370,532.00 $367,446.80 Specific use of funds: Staff Time/Professional Services Staff Notes: None HUD Matrix Code: CDBG Citation: 21 A - Proaram Administration 570.206 Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Help the Homeless : No Periormance Measurement: Objective: N/ A Outcome: N/ A Environmental Review: Proposed Accomplishment: CDBG National Objective: N/A-N/A {AI Exempt (# of Units - Type of Units) - DSection 108 DSpecial Assessment Indicate all that apply: o l-fer-l Replacement DRevolvlng Funds o Displacement DFavored Activity DFloat Funded 3-9 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Fair Housing Services Project Title: Fair Housing and Tentant-Landlord Education Organization/Dept.: Fair Housing Council of San Diego Project Description: Provide outreach and education regarding fair housing legal rights and responsibilities, provide technical training to industry professionals, and maintain programs and procedures under which citizens of the City may register complaints concerning their allegations of unlawful housing discrimination and seek enforcement assistance. Project Location: City Wide Amount Reauested for 2007 108: Amount Received in 2006107: Fundina Recommended: $39,000.00 $39,000.00 $36,000.00 Specific use of funds: Salaries/Benefits Staff Notes: HUD requires cities to provide fair services as part of the administration of the federal grant programs. The services may be provided in house or contracted out, which is a more feasible alternative. HUD Matrix Code: CDBG Citation: 21 D - Fair HousinQ Activities 570.206 Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Helo the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availabilityl Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: NI A - NI A fAI Exemot I # of Units - Type of Units) DSection 108 DSpecial Assessment Indicate all that apply: o 1-tor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-10 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Homeless/HIV-AIDS Project Tille: Regional Task Force on the Homeless Organization/Dept.: Regional Task Force on the Homeless, Inc. . Project Description: The Regional Task Force on the Homeless is a partnership of public agencies, private groups and homeless advocates, that develops policies and provide technical assistance with regard to needs of the homeless and availability of facilities and services for this population. Project Location: City Wide Amount Reauested for 2007 108: Amount Received in 2006107: Fundina Recommended: $1,000.00 $1,000.00 $1,000.00 Specific use of funds: Salaries/Benefits Staff Notes: None HUD Matrix Code: CDBG Citation: 21 C - Public Information 570.206 Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: Yes . Generate Prog. Income: No . HelD the Homeless : Yes Performance Measurement: Objective: Suitable Living Environment Outcome: A vailabilityl Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: . {AI Exemnt N/A-N/A r # of Units - Type of Units! DSection 108 DSpecial Assessment Indicate all that apply: D1-tor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-11 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Capital Improvement Project Title: ADA Curb Cut Program Organization/Dept.: City of Chula Vista. General Svcs. Project Description: This project provides for the construction of ADA compliant curb ramps in the low/moderate income areas of the City. Project Location: City Low/Mod Census Tracts Amount Reauested for 2007 108: Amount Received in 2006/07: Fundina Recommended: $414,915.00 $209,130.00 $414,915.00 Specific use of funds: Staff Notes: None HUO Mafrix Code: COBG Citation: 03L - Sidewalks 570.201 { c\ Is the purpose 01 the activity to: . Help those with AIDS : No . Help Disabled Persons : Yes . Prevent Homelessness: No . Generate Prog. Income: No . Heir> the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availabilityl Accesibility Environmental Review: Proposed Accomplishment: COBG National Objective: _,People (1) (B) Categorical Exclusion {subject (# of Units - Type of Units) LMC to'\ DSection 108 DSpecial Assessment Indicate all that apply: D 1-lor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-12 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Loan Repayment Project Title: Section 108 Loan Repayment Organization/Dept.: City of Chula Vista. Com.Dev. Project Description: Funds will be used for the first debt service payment for the $9.5 million Section 108 Loan. Project Location: N/A Amount Reauested for 2007 108: Amount Received in 2006/07: Fundina Recommended: $800,000.00 $. $800,000.00 Specific use of funds: Debt Service Payments Staff Notes: None HUD Matrix Code: CDBG Citation: 19F - Planned Repayments 01 Sec. 108 Loans NIA Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevenl Homelessness: No . Generate Prog. Income: No . Help the Homeless : No Performance Measurement: Objective: N/ A Outcome: N/ A Environmental Review: Proposed Accomplishment: CDBG National Objective: N/A-N/A (AI Exempt (# of Unifs - Tvoe of Unifs) n/a OSection 108 OSpecial Assessment Indicate all that apply: 01-lor-1 Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-13 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Public Facilities Project Title: Community Center Facility Improvement Organization/Dept.: MAAC Project Project Description: MAAC Project is consolidating its major operations and moving various services such as home loan counseling; first time homebuyer seminars; credit and asset counseling and low income tax preparation. Funds are requested for space improvements to provide these services at the new location. Project Location: 1355 Third Avenue; Chula Vista, CA 91911 Amount Reauested for 2007 108: Amount Received in 2006/07: Fundina Recommended: $75,000.00 $- $- Specific use of funds: Hard Costs Staff Notes: The request is for capital improvements to the Chula Vista MAAC facility. The amount requested and type of project requires the application of Davis Bacon wages. This increases the cost of the project as well as administrative costs for the the staff time required to monitor the payroll documentation. For this reason, the project would not be feasible. HUD Matrix Code: CDBG Citation: 03 - Public Facilities and Imorovements IGenerall 570.201 Ic \ Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availabilityl Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: I (AI Exemnt 1 - Public Facility (11 ) 1# of Units. Tvne of Units" LMA DSection 108 DSpecial Assessment Indicate all that apply: o 1-Ior-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-14 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Rehabilitation and Preservation Project Title: Castle Park Code Enforcement Program Organization/Dept.: City of Chula Vista - Planning Project Description: Code Enforcement is a complaint-driven program, which targets private residential (single-family detached and attached) and commercial properties located within low to moderate-income census tracts (targeted areas). CDBG funds are used to pay the salaries of the four Code Enforcement Officers, who are assigned to the targeted areas. Project Location: Castle Park Area Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $300,000.00 $150,000.00 $150,000.00 Specific use of funds: Salaries/Benefits Staff Notes: HUO Matrix Code: COBe Citation: 1 5 - Code Enforcement 570.202{ c I Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heir") the Homeless : No Performance Measurement: Objective: Decent Housing Outcome: Sustainaility Environmental Review: Proposed Accomplishment: COBe National Objective: I {AI Exemot _- Housing Units (10) 1# of Units - Tyoe at Unitsi LMA DSection 108 DSpecial Assessment Indicate all that apply: o l-for-j Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-15 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Rehabilitation and Preservation Project Title: Housing Inspection Organization/Dept.: City of Chula Vista. Planning Project Description: The housing inspection program performs periodic inspections apartment complexes and individual units to assure compliance with minimum fire/life safety regulations as identified in the California Housing Code. Violations observed/identified are the responsibility of the owner and if left uncorrected are subject to formal code enforcement action. This may include criminal prosecution, assessment of fines and penalties and/or the abatement of the violations by the City and subsequent recovery of costs from the property owner. Project location: City Low/Mod Census Tracts Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $100,000.00 $- $- Specific use of funds: Salaries/Benefits Staff Notes: HUD has expressed their concern with the continous funding of city activities such as code enforcement. In addition, the City Council has also requested that this activity be funded through a non-federal funding source as CDBG. HUD Matrix Code: CDBG Citation: 16 - Code Enforcement 570.2021c I Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . HelD fhe Homeless : No Performance Measurement: Objective: Decent Housing Outcome: Sustainaility Environmental Review: Proposed Accomplishment: CDBG National Objective: _ - Housing Units (10) 'Al ExemDt (# of Units - Type of Units! LMA OSection 108 OSpecial Assessment Indicate all that apply: o 1-for-1 Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-16 Altachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Project Title: OrganizationjDept.: Project Description: Project Location: Amount Reauested for 2007/08: I Amount Received in 2006/07: Fundina Recommended: Specific use of funds: Staff Notes: HUD Matrix Code: I CDBG Citation: Is the purpose of the activity to: . Help those with AIDS . Help Disabled Persons . Prevent Homelessness: . Generate Prog. income: . Help the Homeless Performance Measurement: Objective: Outcome: Environmental Review: Proposed Accomplishment: CDBG National Objective: - r # of Units - Type of Units} OSection 108 OSpecial Assessment Indicate all that apply: o l-for-l Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-17 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Youth Services Project Title: Project Achieve After School Program Organization/Dept.: Camp Fire USA - San Diego Project Description: Project Achieve empowers children to achieve their full potential through quality after-school programs that provide tutoring as well as recreational and character-building activities. The program leads to caring, self-directed, responsible youth. Project Location: St. Regis Apts. and Rancho Buena Vista Apts. Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $25,000.00 $- $- Specific use of funds: Salaries/Benefits Staff Notes: Staff recommends not funding this program since it provides services, in an affordable housing project, which includes such services funded through their operating expenses. HUD Matrix Code: CDBG Citation: 05D - Youth Services 570.201 Ie) Is the purpose ot the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Help the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: 65 - Youth (2) (AI Exempt (# of Units - Type of Units) LMC OSection 108 OSpecial Assessment Indicate all that apply: Ol-for-l Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-18 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Youth Services Project Title: WizKidz Program Organization/Dept.: City of Chula Vista - Recreation Project Description: The WizKidz program is an after-school program for elementary school children. The program will operate at Otay Recreation Center within the City of Chula Vista. The program will operate Monday through Friday throughout the school year and offers scheduled and supervised activities designed to be educational and healthful. Project Location: 3554 Main Street; Chula Vista, CA 91911 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $15,249.00 $12,299.00 $12,299.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: HUO Matrix Code: COBG Citation: 05D - Youth Services 570.201 lei Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Helo the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability / Accesibility Environmental Review: Proposed Accomplishment: COBG National Objective: I A \ Exemot 80 - Youth (2) .1# at Units - Tvne at Units' LMC OSection 108 DSpecial Assessment Indicate all that apply: o Hor-] Replacement DRevolving Funds o Displacement DFavored Activity DFloat Funded 3-19 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Youth Services Project Title: KidCare Express III Medical Unit Organization/Dept.: Family Health Centers of S.D. Project Description: Provide primary healthcare services to low income, medically underserved children and families in Chula Vista and works in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities to provide services to the most vulnerable families. By removing financial, transportation, and linguistic barriers to care, KidCare makes sure that Chula Vista families get the healthcare they need, when they need it. Project Location: City Wide Amount Reauested for 2007/08: Amount Received in 2006/07: Fundina Recommended: $35,000.00 $27,000.00 $27,000.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: HUD Motrix Code: CDBG Citation: 05M - Health Services 570.201 Ie) Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Help the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/ Accesibility Environmentol Review: Proposed Accomplishment: CDBG National Objective: 1400 - People (1) 'AI Exempt I # of Units - Type at Units! LMC OSection 108 OSpecial Assessment Indicate all that apply: o l-for-] Replacement ORevolving Funds ODisplacement DFavored Activity OFloat Funded 3-20 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Youth Services Project Title: Youth Financial Planning Project OrganizationjDept.: MAAC Project Project Description: The project hopes to serve as a catalyst to help prevent future credit problems that could affect homeownership and personal credit, while affecting the youth's ability to save and make wise economic decisions. Project Location: 1355 Third Avenue; Chula Vista, CA 91911 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $30,000.00 $- $21,000.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: This is a first time request for this program. Staff recommends funding a portion, as a pilot program. HUD Matrix Code: CDBG Citation: 05 - Public Services 'Generall 570.201 lei Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: : 'AI Exemnt 100 - Youth (2) I # of Unils - Tvne of Units} LMC DSection 108 DSpecial Assessment Indicate all that apply: D1-for-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-21 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Youth Services Project Title: Prevention and DiversionProject Organization/Dept.: South Bay Community Svcs. Project Description: The project provides area youth with the services, support and opportunities they need to lead healthy and productive lives. SBCS, along with subcontractors will provide services to area at-risk youth before, during and after school, designed to increase healthy protective behaviors and decrease risk factors that lead to law enforcement or social service involvement. Project Location: 1124 Bay Blvd., Ste. D; Chula Vista, CA 91911 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $131,000.00 $96,600.00 $96,600.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: . HUD Matrix Code: CDBG Citation: 05D - Youth Services 570.201 rei Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: A vailability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: IIAI Exemnt 885 - Youth (2) r # ofUnits. Tvne of Units' LMC DSection 108 DSpecial Assessment Indicate all that apply: o 1-lor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-22 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Disabled Services Project Title: Community Access Program Organization/Dept.: Charles Cheneweth Foundation Project Description: The program is a recreational program designed for individuals challenged by sever and profound disabilities. This program offers event planning and coordination. but the extensive care and transportation services required by these individuals in order to venture out into their community. Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $25.000.00 $- $11.000.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: This program has received funds in the past; however did not comply with administrative requirements. Since then. a new executive director has been hired and has complied with all necessary requirements. Staff recommends staffing a portion of their request. HUD Matrix Code: CDBG Citation: 05B - Handicanned Services 570.201 (el Is the purpose ot the activity to: . Help those with AIDS : No . Help Disabled Persons : Yes . Prevent Homelessness: No . Generate Prog. Income: No . Helo the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: I (Al Exemot 50 - People (1 ) i # of Units - Type of Units} LMC OSection 108 OSpecial Assessment Indicate all that apply: 01-tor-l Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-23 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Disabled Services Project Title: Community Re-entry Outings Organization/Dept.: City of Chula Vista - Recreation Project Description: This program will allow children, teens and adults with developmental or physical disabilities the opportunity to enjoy recreational fieldtrips in their community. They will enhance their social skills, communication, safety awareness, leisure awareness and most importantly their independence when out in the community. The majority of this population served has never experienced a community re-entry outing in their life. Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $20,000.00 $- $17,936.10 Specific use of funds: Funds will be used to cover staffing fees, we maintain a 1:5 ratio at all programs and adjust as needed depending on level of functioning, nurse for toileting, bus transportation, tickets for admission, t-shirts so they are easily identified in the community and for safety purposes. Staff Notes: HUO Matrix Code: COBG Citation: 05B - Handicapped Services 570.201 (e) Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : Yes . Prevent Homelessness: No . Generate Prog. Income: No . Help the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: A vailability/ Accesibility Environmental Review: Proposed Accomplishment: COBG National Objective: 75 - People (1) (AI Exempt I # of Units - Tvoe of Units! LMC OSection 108 OSpecial Assessment Indicate all that apply: 01-lor-1 Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-24 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Disabled Services Project Title: Shower Access Chairs and Sling Lifter Organization/Dept.: Chula Vista Veterans Home Project Description: The shower access chairs and sling lifters will be used for elderly disabled veteran residents in skilled nursing facility requiring 24/7. Project Location: 700 E. Naples; Chula Vista, CA 91911 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $4.000.00 $3.500.00 $3.500.00 Specific use of funds: Purchase of Chairs and Lifters Staff Notes: HUD Matrix Code: CDBG Citation: 05B - Handicaooed Services 570.201 lei Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : Yes . Prevent Homelessness: No . Generate Prog. Income: No . Helo the Homeless : No Performance Measurement: Objective: Suitable living Environment Outcome: Availability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: (AI Exemot 375- People (1) I # of Units - Type of Unitsl LMC DSection 108 DSpecial Assessment Indicate all that apply: o l-for-l Replacement DRevolving Funds o Displacement DFavored Activity DFloat Funded 3-25 Attachment NO.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Disabled Services Project Title: Wheelchair Accesible Van OrganizationjDept.: Southwestern College Project Description: College would like to purchase a wheelchair accessible van to ensure that students with mobility limitations can fully participate in all academically related off campus filed trips and activities. Project Location: 900 Otay Lakes Road, Chula Vista, CA 91910 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $35,000.00 $- $- Specific use of funds: Purchase of a Van Staff Notes: Staff recommends not funding an activity which involves acquiring assets. If purchased, the City would be required to monitor the organization yearly and not just for the funding year as with other activities. HUO Matrix Code: COBG Citation: 05B - Handicanned Services 570.201 lei Is the purpose ot the activity to: . Help those with AIDS : No . Help Disabled Persons : Yes . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable living Environment Outcome: A vailability/ Accesibility Environmental Review: Proposed Accomplishment: COBG National Objective: If Al Exemnt 1400 - People (1 ) r # of Unit' - Tvne ofUnit,' LMC OSection 108 OSpecial Assessment Indicate all that apply: 01-for-1 Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-26 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Senior Services Project Title: South Bay Adult Day Health Care Organization/Dept.: Adult Protective Svcs. Project Description: Funds requested are to provide or contract for transportation services to and from the South Bay Adult Day Health Care Center for disabled seniors and other disabled adults who are in danger of institutionalization without Center services. Project Location: 301 E. j Street, Chula Vista, CA 91910 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $12,000.00 $11,000.00 $11 ,000.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: HUD Matrix Code: CDBG Citation: 05B - Handicanned Services 570.201 lei Is the purpose of the activity to: . Help those with AiDS : No . Help Disabled Persons : Yes . Prevent Homelessness: No . Generate Prog. Income: No . Heir> the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: (AI Exemot 57 - People (1) I # of Units - Tyoe of Units) imc OSection 108 OSpecial Assessment Indicate all that apply: 01-for-1 Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-27 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Senior Services Project Title: Meals-on-Wheels Organization/Dept.: Meals-on-Wheels Project Description: Meals-an-Wheels volunteers will deliver up to 2 meals day to seniors in Chula vista. This service is provided six days a week for 365 days a year. (Sunday meals are delivered on Saturday). Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $12,000.00 $12,000.00 $12,000.00 Specific use offunds: Salaries/Benefits Staff Notes: HUO Matrix Code: COBG Citation: 05A - Senior Services 570.201 Ie) Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. income: No . Help the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/ Accesibility Environmental Review: Proposed Accomplishment: COBG National Objective: 285 - Elderly (3) {A) Exempt {# of Units - Type of Units! LMC DSection 108 DSpecial Assessment Indicate all that apply: D 1-lor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-28 AHachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Homeless Services Project Title: Thursday's Meal Organization/Dept.: South Bay Community Svcs. Project Description: Program provides homeless and needy families with hot and nourishing meals, to help homeless and/or low-income families stretch their food resources. Project Location: 1124 Bay Blvd., Ste. D: Chula Vista, CA 91911 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $10,000.00 $10,000.00 $10,000.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: HUD Matrix Code: CDBG Citation: 05 - Public Services IGenerall 570.201 lei Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: A vailabilityj Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: IAI Exemnt 3000 - People (l ) I # of Units - Tvne of Units I LMC OSection 108 OSpecial Assessment Indicate all that apply: o l-for-l Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-29 Attachment No, 3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Homeless/HIV / AIDS Project Title: Regional Shelter Voucher Program . Organization/Dept.: Regional Shelter Voucher Program Project Description: Funds will be used to cover the City's portion of the regional shelter voucher program for families, the disabled and the elderly. The program provides for temporary shelter to homeless individuals through motel/hotel vouchers. This is an important safety net so that no family has to spend a night on the streets during the coldest months of the year while waiting for available shelter space. Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $5,000.00 $5,000.00 $5,000.00 Specific use of funds: Operating Expenses Staff Notes: Funding this program fulfill the City's HUD Matrix Code: CDBG Citation: 05 - Public Services (General) 570.201.(el Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : Yes . Prevent Homelessness: Yes . Generate Prog. Income: No . Helo the Homeless : Yes Performance Measurement: Objective: Suitable living Environment Outcome: A vailability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: 89 - People (I) , (AI Exemot (# of Units - Tyoe of Units) LMC DSection 108 DSpecial Assessment Indicate all fhat apply: o 1-tor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-30 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Public Services (General) Project Title: Child Care Coordinator OrganizationjDept.: Chula Vista Elementary School District Project Description: Funds will be used to train childcare providers to improve the quality of care, act as an advocate and liaison for childcare providers in the licensing process, and coordinate the annual Day of the Child Event. Free to low-cost training and this free annual event will target low income families and childcare providers in western Chula Vista. Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $45,593.00 $42,000.00 $42,000.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: HUO Matrix Code: COBG Citation: 05L Child Care Services 570.201 lei Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/ Accesibility Environmental Review: Proposed Accomplishment: COBG National Objective: 1 A I Exemnt 1300 - People (1) 1 # 01 Units - Tvne of Units! LMC OSection 108 OSpecial Assessment Indicate all that apply: 01-lor-1 Replacement ORevolving Funds o Displacement OFavored Activity OFloat Funded 3-31 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Public Services (General) Project Title: 2SH Community Re-Integration Organization/Dept.: Second Step Home Project Description: A Christian recovery home for men who have already seriously taken the first step: ending self-destructive dependencies and lifestyles. We provide a structured syllabus that eventually leads to rejoining society as productive citizens. Project Location: 688 Oaklawn; Chula Vista, CA 91910 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $34,092.00 $- $- Specific use of funds: Rent/Utilities Staff Notes: Staff proposes to fund this activity as a pilot project. HUD Matrix Code: CDBG Citation: 05 - Public Services lGenerall 570.201 lei Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: A vailability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: (AI Exemnt 40 - People (1) 1# of Units - Type of Units) LMC DSection 108 DSpecial Assessment Indicate all that apply: D1-for-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-32 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Public Services (General) Project Title: Family Violence Treatment Program Organization/Dept.: South Bay Community Svcs. Project Description: Program will provide therapeutic, counseling and crisis services to adult and child victims and perpetrators of family violence, through strengths-based assessments; treatment planning; age-appropriate group and individual counseling for children; victim support groups; crisis intervention; and SAFE Paths program for Chula Vista children and members of their families who are dealing with issues pertaining to interfamilial child sexual molestation. Project Location: 1124 Bay Blvd., Ste. D; Chula Vista, CA 91911 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $35,700.00 $34,000.00 $34,000.00 Specific use of funds: Salaries/Benefits and Supplies Staff Notes: HUO Matrix Code: COBG Citation: 05 - Public Services IGenerall 570.201.Iel Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/ Accesibility Environmental Review: Proposed Accomplishment: COBG National Objective: If AI Exemnt 590 - People (I) (# of Units. Tvpe of Unifsl LMC OSection 108 OSpecial Assessment Indicate all that apply: 01-for-1 Replacement ORevolving Funds ODisplacement OFavored Activity OFloat Funded 3-33 Attachment NO.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Administration Project Tille: HOME Program Administration Organization/Dept.: City - Community Development Project Description: Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's HOME program. including planning. regulatory compliance. contract administration, and fiscal management. Project Location: N/ A Amount Reauested for 2007/08: Amount Received in 2006/07: Fundina Recommended: $92.794.00 $93.000.00 $92.794.00 Specific use of funds: Staff Time/Professional Services Staff Notes: HUO Matrix Code: COBG Citation: 21 A - Proaram Administration 570.206 Is the purpose 01 the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homeiessness: No . Generate Prog. Income: No . Help the Homeless : No Performance Measurement: Objective: NI A Outcome: NI A Environmental Review: Proposed Accomplishment: COBG National Objective: N/A - N/A {AI Exempt (# of Units - Type of Units) N/A [dSection 108 DSpecial Assessment Indicate all that apply: D 1-lor-1 Replacement DRevolving Funds DDispiacement DFavored Activity DFloat Funded 3-34 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Housing Production Project Title: Production of Affordable Housing OrganizationjDept.: City - Community Development Project Description: . Project Location: NI A Amount Reauested for 2007 108: Amount Received in 2006/07: Fundina Recommended: $520,153.00 $404,321.00 $520,153.00 Specific use of funds: Funds will be utilized 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. Staff Notes: HUD Matrix Code: CDBG Citation: 12-Construction of Housinq 570.201 1m) Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Helo the Homeless : No Performance Measurement: Objective: Decent Housing Outcome: Attordability Environmental Review: Proposed Accomplishment: CDBG National Objective: NI A - Households (04) I # of Units - Type of Units} LMH DSection 108 DSpecial Assessment Indicate all that apply: o l-for-] Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-35 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Housing Services Project Title: Down Payment Assistance OrganizationjDept.: City. Community Development Project Description: This is the fourth year since the introduction of ADDI funds to the HOME program. This program offers downpayment assistance to low-income. first time homebuyers for purchase of single family homes. Project Location: City Wide Amount Reauested for 2007/08: Amount Received in 2006/07: Fundina Recommended: $17,000.00 $17,000.00 $17,000.00 Specific use of funds: Direct Financial Assistance Staff Notes: HUD Matrix Code: CDBG Citation: 13 - Direct Home Ownershio Assistance 570.2011nl Is the purpose 01 the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Decent Housing Outcome: Affordability Environmental Review: Proposed Accomplishment: CDBG National Objective: 3 - 04 - Households fAI Exemnt ( # of Units - Type of Units J LMH DSection 108 DSpecial Assessment Indicate all that apply: o 1-lor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-36 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Housing Services Project Title: Affordable Housing for Low-Income Families Organization/Dept.: South Bay Community Svcs. Project Description: Service will include case management; rental subsidy and security deposit assistance. Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: S411,216.00 S- S315,000.00 Specific use of funds: Rental Subsidy/Some Salaries Staff Notes: HUD Matrix Code: CDBG Citation: 05S - Rental Housina Subsidies 570.204 Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Help the Homeless : No Performance Measurement: Objective: Decent Housing Outcome: Affordability Environmental Review: Proposed Accomplishment: CDBG National Objective: (A) Exempt 25 - Households (04) I # at Units - Type of Units! LMC DSection 108 DSpecial Assessment Indicate all that apply: o ]-for-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-37 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Administration Project Title: ESG-06 Program Administration Organization/Dept.: City. Community Development Project Description: Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's ESG program, including planning, regulatory compliance, contract administration, and fiscal management. Project Location: N/ A Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $4,405.00 $4,349.00 $4,405.00 Specific use of funds: Staff Time/Professional Services Staff Notes: HUD Matrix Code: CDBG Citation: 21 A - Proaram Administration 570.206 Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : No Performance Measurement: Objective: Suitable Living Environment Outcome: Availabilityj Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: NjA-NjA tAl Exemnt 1 # of Units - Tyne 01 Units) nja OSection 108 OSpecial Assessment Indicate all that apply: 01-for-1 Replacement ORevolvlng Funds ODisplacement OFavored Activity OFloat Funded 3-38 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Homeless/HIV-AIDS Project Title: Interfaith Sheller Network Rotational Sheller - Operations Organization/Dept.: Ecumenical Council of San Diego Project Description: Eight south bay congregations provide nighttime shelter to 12-15 case managed homeless guests for two weeks each, providing nightly meals, showers, and other services. Local case management agencies screen and monitor shelter guests during their maximum 8-week stay. Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $7,450.00 $- $7,450.00 Specific use of funds: Operating Expenses Staff Notes: Staff recommends funding this new applicant to the ESG cateogory because it offers the expansion of services to other homless population. HUD Matrix Code: CDBG Citation: 03T - Oneratinn costs 01 Homeless/AIDS None Is the purpose 01 the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : Yes Performance Measurement: Objective: Suitable Living Envlronmenl Outcome: A vailability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: I IAI Exemot 35 - 01 - People 1# of Units - Tvpe 01 Units) LMC DSection 108 DSpecial Assessment Indicate all that apply: D 1-lor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-39 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Homeless/HIV-AIDS Project Title: Interfaith Shelter Network Rotational Shelter - Essential Svcs. Organization/Dept.: Ecumenical Council of San Diego Project Description: See previous page Project Location: City Wide Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $2,900.00 $- $2,900.00 Specific use of funds: Essential Services Staff Notes: Staff recommends funding this new applicant to the ESG cateogory because it offers the expansion of services to other homless population. HUD Matrix Code: CDBG Citation: 05 - Public Services {Generall 570.201 {el Is the purpose 01 Ihe activity 10: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Help the Homeiess : Yes Pertormance Measurement: Objective: Suitable Living Environment Outcome: Availability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: N/ A - 01 - People (Al Exempt I # of Units - Tvoe of Units) LMC DSection 108 DSpecial Assessment Indicate all that apply: o 1-lor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-40 Attachment No.3 2007 -2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Homeless/HIV-AIDS Project Title: Casa Nueva Vida - Operations Organization/Dept.: South Bay Community Svcs. Project Description: CNV offer a short term shelter/housing program for homeless families (with children). most of whom are victims of domestic violence. Staff develop a comprehensive strengths-based assessment, after which together they develop a treatment plan (including skills- building and counseling) so the client can work to re-establish self-sufficiency and end their homelessness. Project Location: 31 Fourth Avenue; Chula Vista, CA 91910 Amount Reauested for 2007 /08: Amount Received in 2006/07: Fundina Recommended: $65,185.00 $62,829.00 $53,525.00 Specific use of funds: Operating Expenses Staff Notes; HUD Matrix Code: CDBG Citation: 03T - Oneratinn costs of Homeless/AIDS None Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . HelD the Homeless : Yes Performance Measurement: Objective: Suitable Living Environment Outcome: Availability/ Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: 53 - 01 - People I A I Exemnt (# of Units - Tvoe of Units) LMC DSection 108 DSpecial Assessment Indicate all that apply: o 1-for-l Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-41 Attachment No.3 2007-2008 FEDERAL GRANT APPLICANT SUMMARY AND ELIGIBILITY FORM Funding Category: Homless/HIV-AIDS Project Title: Casa Nueva Vida-Essential Services Organization/Dept.: South Bay Community Svcs. Project Description: See previous page Project Location: 31 Fourth A venue; Chula Vista, CA 91910 Amount Reauested for 2007 108: Amount Received in 2006/07: Fundina Recommended: $19,815.00 $19,815.00 $19,815.00 Specific use of funds: Essential Services Staff Notes: HUD Matrix Code: CDBG Citation: 05 - Public Services (Generall 570.201 (el Is the purpose of the activity to: . Help those with AIDS : No . Help Disabled Persons : No . Prevent Homelessness: No . Generate Prog. Income: No . Heln the Homeless : Yes Performance Measurement: Objective: Suitable living Environment Outcome: Availabilityl Accesibility Environmental Review: Proposed Accomplishment: CDBG National Objective: {AI Exemnt NI A - 01 - People 1# of Units - Tvne of UnitsJ LMC DSection 108 DSpecial Assessment Indicate all that apply: o 1-lor-1 Replacement DRevolving Funds DDisplacement DFavored Activity DFloat Funded 3-42 Attachment No.3 2007/2008 Federal Grant Funding Requests and Recommendations CDBG- HOME - ESG 3-1"3-0"7 1"+€.JI">3 S+cH UPbAn;:- hC<-n~ I - ommunl y Development CDBG Program Administration $ 370.446.00 $ 370.532.00 $ 369,266.00 OIr Dusmg cunCI 0 all Dusing an en an San Diego Landlord Education $ 39.000.00 $ 39.000.00 $ 39.000.00 eglona as oree on eglona as crce on e the Homeless, Inc. Homeless 1.000.00 $ 1,000.00 1,000.00 Total 410.446.00 409,266.00 Youth Services amp lie - an rOJec e leve er e 00 Diego Program $ 25.000.00 $ $ I yo uo IS Q- Recreation WizKidz Program $ 15.249.00 $ 12.299.00 $ 12.299.00 am\y eo en erso S.D. KidCare Express III Medical Unit $ 35.000.00 $ 27.000.00 $ 27.000.00 MAAC Project Youth Financial Planning Project $ 30.000.00 $ $ 21,000.00 ou oy ommunl y reven Ion an Svcs. OiversionProject $ 131.000.00 $ 96.600.00 $ 96.600.00 Youth Services Total $ 236.249.00 $ 135.899.00 $ 156.899.00 Disabled Services ares enewe Foundation Community Access Program $ 25.000.00 $ $ II .000.00 I yo uo IS 0- Recreation Community Re-entry Outings $ 20.000.00 $ $ 17.936.10 uo ISO e erans ower Access airs an Ing Home Lifter $ 4.000.00 $ 3.500.00 $ 3.500.00 Southwestern College Wheelchair Accesible Van $ 35.000.00 $ $ Disabled Services Total $ 84,000.00 $ 3.500.00 $ 32,436.10 Senior Services ou ay A u oy eo Adult Protective Svcs. Care $ 12.000.00 $ 11.000.00 $ 11.000.00 Meals-on~Wheels Meals-on-Wheels $ 12.000.00 $ 12.000.00 $ 12.000.00 Senior Services Total $ 24.000.00 $ 23.000.00 S 23.000.00 Homeless Services ou oy ommunl y Svcs. Food and Motel Vouchers $ $ 1 South Bay Community Svcs. Thursday's Meal $ 10.000.00 $ 10.000.00 eglona e er Due er eglona e er oue er Program Program $ 5.000.00 $ 5.000.00 2 Homeless Services Total $ 15.000.00 $ 15.000.00 Other Services uo ISO emen ary School District ChiJd Care Coordinator $ 45.593.00 $ 42.000.00 $ 42.000.00 Second Step Home 2SH Community Re-Integration $ 34.092.00 $ $ oy ommunl y amlY 10 ence rea men Program $ 35.700.00 $ 34.000.00 $ 34.000.00 Other Services Total $ 115.385.00 $ 76.000.00 Public Services Total $ 474.634.00 $ 306,950.00 Attachment No.2 (Revised 03-73-07) - -_.~-~.._..._--~~.._----_._--_. 2007/2008 Federal Grant Funding (Cont.) ADA Curb Cut Program $ 414.915.00 $ 209.130.00 $ 430.582.00 IS 0- Section 108 loan Repayment $ 800.000.00 $ $ 800.000.00 ommunl y en er GCII Y MAAC Project Improvement $ 75.000.00 $ $ I Y 0 ua IS 0- me or o e n orcemen Planning Program $ 300.000.00 $ 150.000.00 $ 150.000.00 I yo ua 1$ 0- Planning Housing Inspection $ 100.000.00 $ $ Total $ 1,689,915.00 $ 1,380,582.00 ESG Available $88,095.00 Amount Prior Year Recommended Organization Project Tille Request Funding Funding ~ITY - l-ommunlTY Development ESG-06 Program Administration $ 4.405.00 $ 4.349.00 $ 4.405.00 ecumenical \.....ounCII OT San Diego Interfaith Shelter Network $ 10.350.00 $ - $ 10,350.00 .)OUIII Day l...-ommunllY Svcs. Coso Nueva Vida $ 85,000.00 $ 82.644.00 $ 73,340.00 Total $ 95,350.00 $ 88,095.00 HOME Available $948,334.00 Amount Prior Year Recommended Organization Project Tille Request Funding Funding City - Comm. Dev. HOME Program Administration $ 92,794.00 $ 93.000.00 $ 93,089.00 City - Comm. Dev. Production of Affordable Hsng. $ 520.153.00 $ 404.321.00 $ 522.801.00 Amencan ureom UQwn City - Comm. Dev. Payment $ 17.444.00 $ 17.444.00 $ 17.444.00 JOUIII !.Jay L.ommunny ATToraaOle Housing Tor LOW- Svcs. Income Families $ 411.21 6.00 $ - $ 315,000.00 Total $ 1,041.607.00 $ 948,334.00 I. New activity created to compensate a reduction in funding under the ESG grant program. 2. Amount ot funding reduced by $2.000 in order to fund South Bay Community Services Homeless Vouchers. Attachment No.2 (Revised 03- 73-07) 3-13-0?- ~ Sc:. stu.U h 0...6 our AGENDA ITEM 25 SAND~GOUmREDPORTD~TR~T DATE: March 13,2007 SUBJECT: DISCUSSION OF CITY OF CHULAVISTAREQUESTS REGARDING SOUTH BAY POWER PLANT AND DIRECTION TO STAFF eXECUTIVE S4.fJlMAR):': On February 20, 2007 the Chura Vista City Council received a report from its South Bay Power Plant Council Subcommittee requesting Council support of the subcommittee's recommendations. The Council took four actions: · The City Council reaffinned its formal position that the South Bay Power Plant be decommissioned by January 2010 anddemollshecl immediately thereafter. · The City Council requested that the Port immediately Initiate such steps as may be necessary to aocomplish the decommission and demolition of the South Bay Power Plant by January 2010. · The City Council requested that the Port not enter into any contracts or contract extensions that would violate the above (referring to the decommissioning and demolition of the South Bay Power Plant by January 2010). . The City Council took a position that it does not want a power plant, old or new, on its bayfront. The City Council asked that the Board consider the above requests and provide direction to staff. RECOMMENDATION: -.- - . Discuss Chuta Vista City Council requests and provide direction to staff. . FISCAL IMPACT: This Board Agenda Item has no direct fiscal Impact:: DISCUSSION: As the Board is aWare, the Port acquired the$outh Bay Power Plant (S8PP) and approximately 162 acres of land from SDG&E in 1998.' The Acquisition was funded through bonds issued by the Califomia Maritime Infrastructure Authority. At the time of San Diego Unified Port DistriCl Boam Meeting - Mard113. 2007 AGENDA ITEM 25 Page 2 of2 acquisition, two of the primary agreements between the ~ort and Duke Energy, were a Lease Agreement and a Cooperation Agreement The Lease payments provided the source of payment for the Bonds. The Lease and Cooperation Agreements were assigned to LS Power last year. At this time, it is believed that both the Port and LS Power (and its predecessor Duke) have complied with the terms of both agreements. Under the Cooperation Agreement, LS Power is required to use "commercially reasonable efforts" to site and develop a replacement generation plant (RGP) prior to the termination of the SBPP lease. The Port is required under the same agreement to'cooperate and assist" in the development of theRGP. In compliance with thec;ooperation Agreement, lS Power submitted an application to the California Energy Commission in June of 2006 to construct the RGP on the LNG site just to the south of the current plant. . The LNG site was considered an acceptable replacement location based on the actions of the City Council of Chula VISta on November 13,2001 supporting the concept of re-slting and development of the RGP on the LNG .site on tidelands near the existing South Bay Power Plant; and the Chura Vista City CouncDand Board of Port Commissioners' direction to staff at a joint meeting held June 26, 2002 to Investigate the . feasibility of 8 RGP and switchyard on the southern portion of the existing site. Both agencies later authorized environmental review of land use designations, which include a proposed Energy Utility Zone on the LNG site. The Port has not yet entered into agreements with LS Power for the LNG site. An option and lease agreement have been negotiated and are ready for consideration by the Board following completion of CECA processing. The recent actions by the crty of Chu!a Vista are not consistent with the City's prior actions. The Board needs to consider the requests in light of the contractual obligations to LS Power. Port Attorney'. Comments: ' District staff has worked cooperatively with LS Power pursuant to the Cooperation Agreement. The. Board of Port CommissionerS may exercise discretion to direct staff as deemed appropriate in .this matter.. Direction of the Board could, however, implicate . various provisions of the Cooperation Agreement. . . . Environmental Review: . .. .. -. ..'- .-.. . ,.; , .' ,- This proposed Board action Is not subject to CECA, ~samended. . . - . . ;'_', ';.,H Equal OpportU~lty Program: N/A PREPARED BY: Randa J. Coniglio Acting Director, Real Estate S.n Oiego Unlfiod Port DiS!rid HOlm MHling - M."", 1 3. 200T plalls SDG&E to issue RFO to meet reliability needs San Diego Gas & Electric intends to seek offers in 30 to 60 days for 1,000 MVV to meet reliability needs starting in 2010. It will not specify what types of supply products it is looking for, but instead will evaluate what generators bid in against what it needs, accord~ ing to Stephanie Donovan, a company spokeswoman. SDG&E made the statement to clarify remarks attributed to an SDG&E senior vice president at a San Diego meeting saying the utility would not buy power from the proposed South Bay repJacement project in Chula Vista should it win approval from the California Energy Commission and be built. Donovan said those remarks were inaccurate. SDG&E will be able to meet baseload needs with its SSO-MW (continued on page 10) Arkansas PSC stays affiliate transaction rules The Arkansas Public Service Commission has temporarily stayed its affiliate transaction rules after a group of electric, natu- ral gas and water utilities said the two-month-old regulations could force them out of business. The PSC said February 16 that certain issues raised by the group merit further consideration and it will rehear those issues. The joint petitioners said the final rules adopted December 19 contain serious flaws, including unclear and confusing provi~ sions. The burdens of complying with the rules far outweigh the benefits to the public interest, the companies said. The new rules give the commission regulatory standards by which affiliate transactions are judged for the purpose of (continued on page 10) New entrants need to understand FERC: Spitzer While it may take a while for some of the finandal players in the energy market "to adapt to the environment where there is reg- ulatory oversight," they need to understand the government has a role in ensuring fair and efficient operation of the market, Federal Energy Regulatory Commission member Marc Spitzer said Tuesday. Speaking to a group of state utility regulators, he suggested Congress' decision to give FERC authority to sharply penalize bad behavior was a welcome development for energy markets. During the Western energy crisis, when FERC lacked the ability to levy penalties against even those entities "found cul- pable of manipulation," marKet participants that played by tbe rules felt they "were at a competitive disadvantage," Spitzer said. "There is a large segment of the regulated industry that (wlltinued 011 page 11) 3-13-0"1 :r;kM. sc: S-fztrI- ho.~ www.platts.cam 2llitL;:~&~=:mJjj;EE;;i1i;iL;';;j Megawatt Wednesday, February 21, 2007 Day-ahead markets for delivery Feb 21 ($/MWh) East Index Change Range Deals Volume Avg SIMa On-Peak Mass Hub 75.65 -B.40 75.65 .75.65 NA N.A. 94.67 N.Y. Zone-G 99.35 3.85 99.35.99.35 NA N.A. 98.04 N.Y. Zone.J 106.20 5.25 106.20 -106.20 N.A. N.A. 11.0.00 N.Y. Zone-A 59.55 .44.70 59.55 .59.55 N.A. N.A. 80.31 Ontario'" 54.00 -41.00 54.00.54.00 NA N.A. 83.00 PJMWest 49.50 .14.70 49.50 -49.50 N.A. N.A. 81.31 Dominion Hub 48.50 -16.20 48.50 -48.50 N.A. N.A. 82.29 VACAR 46.75 -12.25 46.75 -46.75 N.A. NA 70.42 Southern. into 47.25 -10.75 47.25 -47.25 N.A. N.A. 67.16 Florida 53.00 -2.00 53.00 -53.00 N.A. N.A. 63.50 TVA, into 57.50 0.00 57.50 -57:50 N.A. N.A. 67.53 Off-Peak Mass Hub 62.75 -8.25 62.75 -62.75 N.A. N.A. 75.28 PJMWest 37.00 -18.00 37.00 -37.00 N.A. N.A. 62.37 Dominion Hub 39.10 -19.15 39.10 -39.10 N.A. N.A. 68.17 VAGAR 32.00 -13.00 32.00 -32.00 N.A. NA 56.82 Southern, into 31.00 -10.00 31.00 -31.00 N.A. N.A. 47.77 Florida 35.00 -3.00 35.00 -35.00 N.A. N.A. 47.23 TVA, into 30.75 .11.00 30.75 -30.75 N.A. N.A. 49.48 Central Index Change Range Deals Volume Avg S/Mo On.Peak Michigan Hub 44.15 .8.35 44.15 -44.15 N.A. N.A. 75.98 AD Hub 40.25 .11.75 40.25 -40.25 NA N.A. 70.37 Cinergy Hub 42.46 -8.04 42.00 -42.50 12 600 71.88 Illinois Hub 40.00 .9.10 40.00.40.00 N.A. N.A. 67.67 NI Hub 40.00 .11.85 40.00 -40.00 N.A. N.A. 70.75 Minnesota Hub 59.25 1.65 59.25 -59.25 N.A. N.A. 108.74 MAPp, South 54.00 -4.25 54.00.54.00 N.A. N.A. 75.68 SPp,North 4B.00 .10.00 4B.00 -48.00 N.A. N.A. 66.00 Entergy, into 50.15 .9.85 49.50 -52.00 11 600 67.76 EReOT 48.02 0.31 46.50 -50.75 107 6,325 57.74 ERGOT, North 48.05 0.30 47.50 -50.00 26 1.750 58.65 ERGOT, Houston 48.B2 0.32 48.00.50.75 23 1.525 58.81 ERCOT, West 48.50 0.25 48.50 -4-8.50 N.A. N.A. 59.07 ERGOT. South 47.75 -0.25 47.75 -47.75 N.A. N.A. 57.54 Off-Peak Michigan Hub 28.80 -12.30 28.80 "28.80 N.A. N.A. 50.20 AD Hub 34.00 -B.OO 34.00 -34.00 N.A. N.A. 48.52 Cinergy Hub 28.00 .12.00 28.00 -28.00 N.A. N.A. 49.06 Illinois Hub 26.50 .11.50 26.50 -26.50 N.A. N.A. 45.98 NI Hub 34.25 -7.00 34.25 .34.25 N.A. N.A. 48.56 Minnesota Hub 34.80 -8.35 34.80 -34.80 N.A. N.A. 61.Bl MAPp' South 34.00 -8.00 34.00.34.00 N.A. N.A. 49.87 SPp'North 30.00 .20.00 30.00.30.00 N.A. N.A. 49.23 Entergy, into 29.75 .9.50 29.75 -29.75 NA N.A. 45.95 EReOT 33.65 1.90 31.50 -36.25 31 1.850 46.69 ERGOT, North 32.68 -2.07 31.00 -34.75 12 1,625 47.37 ERGOT, Houston 34.28 0.28 32.00 -36.50 12 850 47.67 ERCOT, West 32.75 .2.25 32.75 -32.75 N.A. N.A. 48.35 ERCOT, South 33.27 1.27 33.00.34.10 10 500 46.44 West Index Change Range Deals Volume Avg $/Mo On-Peak COB 63.29 0.79 62.25 -64.25 14 350 61.46 Mid-C 58.57 -D.15 57.50 -59.75 155 4,000 58.13 Palo Verde 60.93 1.46 59.75 -62.00 62 1,575 59.46 Mead 62.60 1.17 61.75.63.75 10 250 61.58 Mona 61.75 1.25 61.75.61.75 N.A. NA 59.24 Four Corners 60.63 1.73 60.00 -61.25 B 200 60.01 NP15 66.32 137 65.00 -67.70 101 2.700 64.71 SP15 65.78 0.85 64.25 -67.45 300 8.375 64.61 Off-Peak COB 54.79 -0.10 54,00.56.00 7 175 5546 Mid-C 53.54 -0.24 52.00.54.50 76 2.200 !'>3,',n Palo Verde 4566 0,J3 4S.40 .46UO ;-;"<J ;;, Mead 47,07 i),0;' ,1;'.':1\') '1"1':>:- Mona 455(1 n.50 .1~ 5(\ '1', 'J~ '';,1 f'our Corners 46,75 1.60 4(i75.'16.75 NA '^ 1]:;.'1(' NP15 51.82 1.30 51.00 -52.50 60 1,600 tJ2 .9~') SP15 50.57 0.85 50.00 -51.50 Sil:\ 2,82~J ,',2.2';; 'Ontarioprices are in Canadian dollars The McGraw-Hill Companies ) f~%~ ~ ' :''';111 .~;mt:(;;<'" MEGAWATT DAILY WEDNESDAY, FEBRUARY 21, 2007 in 2009 with an initial increase in efficiency and continuing with an even higher standard beginning in 2013. On a cumula- tive basis, the standards would save about 425 billion kWh and cut carbon dioxide emissions by more than 200 million metric tons over 28 years, EEJ and ArPA added. FERC launches oversight workshops The Federal Energy Regulatory Commission will immediately begin holding week-long workshops for state and federal agency staff to help them understand better how the commission con~ ducts investigations and analyzes market data, Susan Court, director of PERC's Office of Enforcement, said Monday at the winter meeting of the National Association of Regulatory Utility Commissioners in Washington. FERC's Energy Market Oversight Division will conduct the Research in Market Oversight Program for interested state and federal employees. Court said other federal agencies wanted to know how FERC analyzed market data and state agency employees would inquire with market oversight staff at the commission for help. They wanted to know "how we analyze that data, what we do with it," Court said. Seminar participants will spend much of their time with enforcement staff in FERC's Market Monitoring Center. Court said PERC wants to work with the states to help them understand "how electric markets work,1I and added that these workshops are part of PERC's effort to be more transparent and increase transparency in the market. States must pay for transportation, food and lodging and the commission 'will conduct the week~long program for free. SDG&E to issue RFO... from page 1 Palomar Energy plant in Escondida, which began operating com- mercially in April 2006, and Calpine's 590."M\tV Otay Mesa Energy Center, now scheduled to come online in May 2009. However, according to Donovan, to meet reliability needs espe- ciaJly during peak summer months, the utility will need addi. tional generation in addition to its Sunrise PowerJink transmis- sion tine, now under review at the California Public UtHities Commission. The Sunrise Power link line is being designed to import into San Diego 1,000 MW of renewable resources from the Imperial Valley/Salton Sea area in southeastern California starting in 2010. The environmental impact report is expected to be com- pleted this summer and the rue will make a final decision on the project early in 2008. The issue of SDG&E's future generation needs came up in a joint meeting on January 18 with the City of Chula Vista, the San Diego Unified Port District and the California Energy Commission to discuss the proposed South Bay replacement project being developed by LS Power. The project is under review for certification at the CEC. The South Bay replacement project is intended to replace the old South Bay power plant the San Diego Unified Port District purchased from SDG&E in 1998. LS Pu,-ver leases tbe plant from the port district and has agreed to demolish it once the replace- ment plant is built. LS Power holds a reliability-must-run con~ tract with the California Independent System Operator for the current South Bay power plant generation. A February 13 CEC project status report quoted Jim Avery, a senior vice president at SDG&E, saying at the [anuar).! 18 meet- ing that SDG&E would not purchase the power from the n("w South Bay plant and that any power generated by lhh pLml would not be used in San Diego County. Donovan .)<11<.1 lhi) Wd.) an inaccurate statement and (t<1df'cl "\\'(' (Ht' ('<li.;('1' u\ \('t' I " Povve!"~ response to OlH H'quV\! tcn 11((('1> ' Arkansas PSC stays affiliate rules... from page 1 ratemaking, the PSC said when adopting the rules. The commission adopted the rules to close regulatory gal),) created by the repeal of the Public Utility Holding C01T1panv /\ct, which protected utility ratepayers from abusive practices by utili- ty companies and to guard against unfair competition, the com- mission said. The new rules prevent cross subsidization from regulated public utility companies to non-regulated affiliates that pro- vide non-utility services to the regulated utility, the PSC said. They also prevent affiliates or parent companies from placing the assets of a regulated public utility at risk, and prevent mar- ket manipulation or market power by utilities, the PSC said. If the new rules are 110t modified, the regulated utilities will be forced to either obtain exemptions so they can contin- ue to carryon their normal, day-to-day activities or "terminate those activities," the utility group said. Specifically, the PSC needs to clarify the applicability of the rules to multi-jurisdictional utilities and their reporting and auditing requirements. Pricing requirements also need to be modified, the companies said. Southwestern EJectric Power Co. said the rules could be interpreted to prevent its continued participation in the utility system money pool within American Electric Power, its parent company. That would contradict the Federal Energy Regulatory Commission's blanket authorization allowing holding compa- nies and their subsidiaries to take part in intra-system cash management programs, Swepco said. Other language in the rules could be interpreted as pro- hibiting a multi-state electric utility from investing in generat~ ing facilities that would provide electric service both inside and outside Arkansas, Swepco said. The group of utilities also asked that the various utilities affected by the rules be ordered to participate in a colla bora. tive process to produce new rules in six to 12 months. Entergy Arkansas noted in a separate request for rehearing that the PSC opted not to adopt rules that had been developed earlier in a collaborative effort led by the PSC staff. Instead it proposed a new and comprehensive set of mles that are so onerous "as to be a practical impossibility to implement," the company said. Arkansas Attorney GeneraJ Dustin McDaniel said the rules 10 Copyright@ 2007, The McGraw-Hili Companies 3-13-() -:r l+e.rn csc. Sfaff'hc<...oc.u:r Addressing the Big Picture: Meeting the Region's Growing Energy Needs In the coming years, the San Diego region wi!1 require additional power resources to meet a projected increase in electricity demand. Driving this demand is the region's growth - SDG&E adds 20/000 new customers to its power grid every year - and increased energy usage resulting from the proliferation of personal computers and other electronic devices. As early as 2010, San Diegans could be consuming more power than can be imported or generated locally. Clearly, action must be taken today to ensure that we have the energy we need in the future. Some in San Diego have primarily focused on building new power plants to increase electric supply. But, local power plants alone are not the solution to the region's growing energy needs. There is a bigger picture that must be considered. That bigger picture relies on a balanced portfolio that ensures adequate energy supplies through a combination of resources and actions, including; . Energy conservation programs; . Reduction of energy demand during peak usage periods; . Renewable energy resources; . New transmission lines; and, . Local power plants. SDG&E is the entity responsible for the region's energy resource planning. As part of this responsibility, we have developed a Long-Term Resource Plan, which includes all of the above elements. Our plan is a lO-year blueprint to ensure safe and reliable power for the growing San Diego region. We recognize that increasing loca! power generation is an important part of the bigger picture, which is why we recently put into service a new efficient, state-of-the-art power plant in Escondido and signed a iong-term contract to receive the power output from another new power plant being developed in the South Bay at otay Mesa. Beyond what is already constructed and planned in the near-term, additional power piants will be needed in San Diego in the next decade. To ensure that we receive competitive prices for the resources we secure, SDG&E routinely solicits bids from power plant developers to construct new facilities. In fact SDG&E has conducted these solicitations every year since 2003. And, last Friday, we launched another competitive bid process for new electricity resources that will be needed in the 2010-2012 timeframe. Through the bidding process, also known as a "request for offers" or RFO, SDG&E is seeking the following resources: . Energy saved through new "demand response" contracts with local businesses, which agree to reduce their electricity use during times of critical demand, in exchange for a lower rate or other incentive; . At least 200 megawatts (one megawatt provides enough energy to power 650 homes) of electricity from new local "peaker" plants. These are small, efficient power plants that are used only during peak periods and can be activated or shut down quickly to meet sudden surges in electricity demand; and, . About 500 megawatts of generation from a power plant in or outside SDG&E's service territory that could run around the clock. All bids will be assessed by SDG&E in an open, regulated process to determine which resources best meet customer needs at the lowest cost. All bids also are evaluated by SDG&E's Procurement Review Group, comprised of California Public Utilities Commission (CPUC) staff, consumer advocates and other non-market participants. Further, an independent evaluator will monitor the process. Once the evaluation process is completed, the CPUC still must review and approve all proposed contracts. SDG&E also will evaluate in this RFO the option to acquire the 480-megawatt EI Dorado Energy power plant in Boulder City, Nevada, which is owned by a Sempra Energy affiliate company. Under the terms of an October 2006 settiement agreement between Sempra Energy and California state agencies, SDG&E has the option to purchase the plant for book value in 2011. The CPUC has estimated that purchasing the 6-year-old natural gas-fired plant at book value would save SDG&E customers more than $100 million compared to building or acquiring a brand-new plant. As we learned from California's energy crisis earlier this decade, a balance of infrastructure, resources and conservation is needed to meet our region's energy needs. SDG&E's long-term plan addresses this big picture, providing a balance that ensures energy reliability for San Diegans into the future. 3 -I 3-D+- r:: -!em 5 c.. S:;fur:f- h6-oc!o<-<.:f- SDG'" fE M Sa.them California Gas Companr Mic.h;u,i fi. Nlqqli Chief Qperalirlc,: Offict?r .... >> ~ Sempra Energy' utilities 8330 Century Pan Court San D!eQD, CA 9.2123-1530 Tel: 858.650.6175 ri!x: 858.650.6106 MNIQQIi~SempraUtilitie>.com March 9, 2007 Honorable Cheryl Cox City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Cox: I want to thank you again for hosting a meeting to discuss the South Bay Power Plant (SBPP) that included representatives from the Port of San Diego, LS Power and SDG&E. Earlier today SDG&E issued a competitive Request for Offers (RFO) for resources that will be needed starting in 2010. This RFO and related material can be located at http://www.sdQe.com/2010-2012capacitvrfo/. To ensure that we receive competitive prices for the resources we secure, we routinely solicit bids from power plant developers to construct new facilities. In fact, SDG&E has conducted these solicitations every year since 2003. SDG&E welcomes bids from all local and non-local power providers to supply: a) new demand response programs by 2010, b) at least 200 megawatts of electricity from peaker plants within SDG&E's service territory as early as 2010, and c) approximately 500 megawatts of generation by late 2011 from any source. As we discussed, SDG&E's December 2006 Long Term Procurement Plan makes clear that one project that could meet that need is the Sempra-owned EI Dorado plant, which SDG&E was granted the option to purchase under the terms of a settlement agreement between Sempra Energy, the California Public Utilities Commission (CPUC), and the California Attorney General in October 2006. SDG&E will assess all bids according to the CPUC's adopted regulatory framework in order to determine which resources best meet customer needs at the lowest cost. All bids also are evaluated by SDG&E's Procurement Review Group, made up of CPUC staff, consumer advocates and other non-market participants. Further, an independent evaluator will monitor the process. Honorable Cheryl Cox March 9, 2007 Page 2 These entities are involved at all stages of the RFO process. including the preparation of the RFO, during bid evaluation, and as SDG&E determines the final short list of bidders. Once the evaluation process is completed, the CPUC still must approve all proposed contracts. Lastly, I want to assure you that SDG&E is committed to the timely removal of the existing 138/69 kV switchyard consistent with the terms of the 2004 Memorandum of Understanding with the City, SDG&E stands by its commitment to the City of Chula Vista to remove the existing switchyard and construct a new switchyard at a location provided by the City that meets system needs. We look forward to working with you in that regard. Thank you again for allowing us to participate. Since~_<;~. V(j Cc: Councilmember Castaneda .>:J_' . '\.-=-' "3 - S; _0 7 ~Ut- ~ ~-'i:--~ - Mayor and City Council City Of Chula Visla 276 Fourth Avenue Chula Visla, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO ellY OF CHUlA VISfA February 26, 2007 TO: Lorraine Bennett, Deputy City Clerk FROM: Jennifer Quijano, Constituent Services Manager RE: Charter Review Commission Mayor Cox would like to recommend Egbert Oostburg for appointment to the Charter Review Commission. Please place on the March 13, 2007 council agenda for ratification. Thank you. CC: Mayor Cox ,.Ie'eS' ~tf cahtif!/l-1{7 .s:~ .5'~/<9?- /YJr. Ccs:-f6t-lY'1:lJ cc ~ .m ~7 (5,07; . ~) 'SJo. - 0"- e...:::."- 5A-l