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Home My WebLink About1992/08/25 Agenda Packet Tuesday, August 25, 1992 6:00 p.m. Ui deciare under penalty of perJury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this Agenja/Nolice on the Bulletin Board at the Public rv' es Building ~ ~ H~ Council Chambers DATED, ' / . :2-SIGNED ~ ~'Public Services Building Regular MeetinS?: of the City of Chula Vista City Council CALL TO ORDER 1. ROll CALL: Councilmembers Horton _, Malcolm ~ Moore _, Rindone ~ and Mayor Nader _ 2. PLEDGE OF AlLEGIANCE TO THE FlAG. SILENT PRAYER 3. APPROVAL OF MINUTES: August 11, 1992 and August 4, 1992 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Board of Ethics: Janet Richter; International Friendship Commission: Maria Capetanakis, Gabriela Carman, Felix Bruno De La Mata; Economic Development Commission: Earl J. Johnson Human Relations Commission: Gloria Hicks Parks and Recreation Commission: Carmen Sandoval Safety Commission: Robert Thomas CONSENT CALENDAR (Items 5 through 11) The staff recommendations regarding the following items listed under the Consent Calendar wiJJ be enacted by the Council by one motion witlwut discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled 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. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items and Boards and Commission Recommendations. Items pulled by the public will be the rust items of business. 5. WRITTEN COMMUNICATIONS: None 6. ORDINANCE 2524 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE RElATING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (EDC) (second readin~ and adoption) - On 10/9/90, Council amended Section 2.30.020 and 2.30.060 to expand EDC membership from seven to nine commissioners. The recommended ordinance is being proposed by the Economic Development Commission and provides language outlining specific areas of expertise which should be drawn from in Council's selection of appointees. The purpose is to encourage a well balanced Agenda -2- August 25, 1992 membership representing expertise vital to the EDC's role in developing, recommending, and implementing economic development strategies. Staff recommends Council place ordinance on second reading and adoption. (Director of Community Development) 7. RESOLUTION 16756 APPROVING THE SECOND AMENDMENT TO THE AGREEMENT Willi WALLACE, ROBERTS AND TODD, INC. FOR PROVISION OF CONSULTING SERVICES FOR THE PREPARATION OF A RESOURCE ENHANCEMENT PLAN FOR THE OTAY RIVER VALLEY AND AuniORIZING ACCEPTANCE OF AN ADDITIONAL $8,000 IN GRANT MONEY FROM THE COASTAL CONSERVANCY - On 11/20/90, Council approved the first amendment to the agreement with WRT, to extend the study areas of the resource enhancement plan for the Otay River Valley by one mile to the western boundary of Otay Ranch. The second amendment will expand the scope of work; and authorize acceptance from the Coastal Conservancy of $8,000 in grant monies for expanded work on the study. Staff recommends approval of the resolution. (Director of Parks and Recreation and Director of Planning) 8. RESOLUTION 16763 AuniORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY, TENTATIVE MAPS 92-05 AND 93-01 FOR RANCHO DEL REY BUSINESS CENTER - McMillin Development is processing two tentative maps for the Rancho Del Rey Business Center. As part of the map, equal land swaps are proposed between McMillin properties and open space lots owned by the City. Since the lots are shown on the tentative maps, the maps are required to be signed by the City as owner. Staff recommends approval of the resolution. (Director of Parks and Recreation and Director of Public Works) 9. RESOLUTION 16764 CAUJNG A PUBUC HEARING TO DETERMINE WHETIiER PUBUC NECESSITY, HEALlli SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTIUTY DISTRICT ALONG "Eo STREET FROM BROADWAY TO TOYON LANE, INCLUDING TOYON LANE, CORTE HELENA AVENUE, AND GUAVA AVENUE (CANDY CANE LANE) - On 11/12/91, Council accepted a report on the City's Utility Underground Conversion Program and approved a revised list of Utility Underground Conversion Projects. The project is listed as the third project in the City's adopted program. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 16765 AuniORIZING THE ADDITION OF CIP STL210 ELM AVENUE ALLEY IMPROVEMENTS TO THE FISCAL YEAR 1992/93 CAPITAL IMPROVEMENT PROGRAM; AND APPROPRIATING $53,000 FROMTHETRANSPORTATION PARTNERSHIP FUND TO CIP STL210 ELM AVENUE ALLEY IMPROVEMENTS TO FINANCE THE INSTALLATION OF ALLEY-TYPE IMPROVEMENTS ON ELM AVENUE BETWEEN CYPRESS AND MADRONA STREETS - On 8/4/92, Council accepted the Engineering staff report on the feasibility of paving or closing Elm Avenue and two adjacent alleys. The Council also accepted staffs recommendation to fund improvement of Agenda -3- August 25, 1992 the alleys through the formation of an assessment district, except for that segment of Elm Avenue located between Cypress and Madrona Streets. The resolution approves the allocation of $53,000 from the Transportation Partnership Fund to finance the installation of alley-type improvements on said section of Elm Avenue. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 11. RESOLUTION 16766 APPROVING TIllRD AMENDMENT TO 1HE CITYWIDE STREET SWEEPING AGREEMENT EXTENDING SAME TIiROUGH OCroBER 31,1992 - The final year of the agreement with Laidlaw for street sweeping services expires on 8/31192. The two-month extension will allow staff to evaluate proposals and give the selected street sweeping provider time to set up routes and street sweeping schedules. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBIlC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The foUowing items have been advertised and/or posted as pub/iJ: hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Cily Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual 12. PUBIlC HEARING ORDINANCE 2526 13. PUBIlC HEARING PCA-92-03: CONSIDERATION OF AN AMENDMENT TO 1HE MUMCIPAL CODE REQmRING A CONDITIONAL USE PERMIT FOR SALES OF ALCOHOIlC BEVERAGES IN 1HE COMMERCIAL-NEIGHBORHOOD (C-N) ZONE - CI1Y INITIATED. On 4/21192, Council directed staff to return with a proposed ordinance outlining an application procedure for alcohol sales in the CoN zone. The procedure would require approval by the City and input by the Police Department, with approval being subsequently placed on the consent calendar for Council action. Staff recommends Council place ordinance on first reading. (Director of Planning) Continued from the 8/11/92 meeting. AMENDING SECIlONS 19.14.030, 19.34.020, AND 19.34.030 OF 1HE MUMCIPAL CODE RELATING TO 1HE SALE OF ALCOHOIlC BEVERAGES IN 1HE COMMERCIAL-NEIGHBORHOOD (C-N) ZONE (first readin~) PCC-92-40: CONDITIONAL USE PERMIT: APPEAL OF PLANNING COMMISSION APPROVAL OF A REQUEST TO CONSTRUcr INTERIM FIRE STATION NUMBER SIX AT 1HE SOUlHWEST CORNER OF LANE AVENUE AND FENTON STREET; APPELLANT - CAIJFORNIA LAND ASSOCIATES . Appeal of Planning Commission approval PCC.92-40 for the City application to construct an interim fire station at the southwest comer of Fenton Street and Lane Avenue, 2396 Fenton Street. Staff recommends approval of the resolution. (Director of Planning) Continued from the 8/11/92 meeting. Agenda -4- August 25, 1992 RESOLUTION 16752 PCC-92-40 CONDITIONAL USE PERMIT: APPROVAL OF REQUEST TO CONSTRUCT INTERIM FIRE STATION NUMBER SIX AT THE SOUTIIWEST CORNER OF LANE AVENUE AND FENTON STREET; APPELLANT - CAUFORNIA LAND ASSOCIATES 14.A REPORT CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR A PREZONING, AMENDMENTS TO THE EASTI.AKE GENERAL DEVELOPMENT PLAN (GDP) AND P-C DISTRICT REGULATION AMENDMENTS, SECTIONAL PLANNING AREA (SPA) PLAN AND PUBUC FACIUTIES FINANCING PLAN (PFFP), AIR QUAU1YIMPROVEMENT PLAN (AQIP) AND WATER CONSERVATION PLAN FOR TELEGRAPH CANYON ESTATES - EIR-91-05 (SCH 91071033) - Staffrecommends approval of the resolution. (Director of Planning) This resolution does not require a public hearing but is related to the public hearing. RESOLUTION 16767 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR A PREZONING, AMENDMENTS TO THE EASTLAKE GENERAL DEVELOPMENT PLAN (GDP) AND PLANNED COMMUNI1Y DISTRICT (PCD) REGULATIONS, SECTIONAL PLANNING AREA (SPA) PLAN, PUBUC FACIUTIES FINANCING PLAN (PFFP), AIR QUAU1YIMPROVEMENT PLAN (AQIP), AND WATER CONSERVATION PLAN FOR TELEGRAPH CANYON ESTATES (ElR-91-05) B. PUBUC HEARING PCZ-92-NPCM-91-07: CONSIDERATION OF PREZONING, GENERAL DEVELOPMENT PLAN AND P-C REGULATION AMENDMENTS, SPA PLAN AND PUBUC FACIUTIES FINANCING PLAN, AIR QUAU1YIMPROVEMENT PLAN, AND WATER CONSERVATION PLAN FOR TELEGRAPH CANYON ESTATES - BALDWIN VISTA ASSOCIATES - The development proposal calls for a private, gate-guarded community involving a maximum of 350 single family lots, plus two private recreation areas, two community purpose facility sites, and over 20 acres of open space on 112 acres. The unincorporated property is located on the north side of Telegraph Canyon Road directly east of Otay Lakes Lodge Mobile Home Park and directly south of EastLake Shores. Staff recommends Council place ordinance on first reading and approval of the resolution. (Director of Planning) ORDINANCE 2527 APPROVING PCZ-92-A: PREZONING TO P-C PLANNED COMMUNI1Y (pCZ- 92-A) AND THE P-C DISTRICT REGULATION AMENDMENTS FOR TELEGRAPH CANYON ESTATES SECTIONAL PLANNING AREA (SPA) PLAN (first readim:) RESOLUTION 16768 APPROVING PCM-91-07:APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE TELEGRAPH CANYON ESTATES GENERAL DEVELOPMENT PLAN AMENDMENT, SECTIONAL PLANNING AREA PLAN (SPA), PUBUC FACIUTIES FINANCING PLAN, WATER CONSERVATION PLAN, AIR QUAU1YIMPROVEMENT PLAN, CEQAFINDINGS, MITIGATION MONITORING PROGRAM, STATEMENT OF OVERRIDING CONSIDERATIONS AND MAKING THE NECESSARY FINDINGS Agenda -5- August 25, 1992 ORAL COMMUNICATIONS This is an opportunity for th2 general public to address th2 City Council on any subject matter within th2 Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits th2 City Council from taking action on any issues not included on th2 posted agenda.) If you wish to address th2 Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby arui submU it to th2 City Clerk prior to th2 meeting. Those who wish to speak, please give your name arui address for record purposes arui follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is th2 time th2 City Council will consider items which have been forwarded to th2m for consideration by one of the City's Boards, Commissions aruifor Committees_ None submitted. ACTION ITEMS The items listed in this section of th2 agenda are expected to elicit substantial discussions arui deliberations by the Council, staff, or members of th2 general public. The items will be considered individually by th2 Council arui staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to th2 meeting. Public comments are limited to five minutes_ 15. RESOUITION 16769 AMENDING MASTER FEE SCHEDULE TO ADOPT NON-RESIDENT FEES FOR PARKS AND RECREATION SERVICES - During the fiscal year 1991/92 budget process, the Council directed the department to formulate a Revenue Enhancement Plan. One component of a Revenue Enhancement Plan is the implementation of a non-resident fee policy. Staff recommends approval of the resolution. (Director of Parks and Recreation) 16,A RESOLtJIlON 16770 APPROVING AGREEMENT WITH WOODLAWN PARK COMMUNI1Y CENfER AND AurnORlZING THE MAYOR TO EXECIITE SAID AGREEMENT - On 5/19/92, Council approved $227,790 of CDBG funds to nineteen social service programs, $108,410 for three community development programs, and $50,000 to fair housing and planning programs. The U.S. Housing and Urban Development Department (HUD) requires a written agreement between the City and each sub-recipient of CDBG funds. Staff recommends approval of the resolutions. (Director of Community Development) B. RESOLtJIlON 16771 APPROVING AGREEMENT WITH sourn COUN1Y COUNCIL ON AGING (SHARED HOUSING) AND AurnORlZING THE MAYOR TO EXECIITE SAID AGREEMENT C. RESOLtJIlON 16772 APPROVING AGREEMENT WITH FAIR HOUSING COUNCIL OF SAN DIEGO AND AurnORlZING THE MAYOR TO EXECIITE SAID AGREEMENT Agenda -6- August 25, 1992 D. RESOLUTION 16773 APPROVING AGREEMENT WI11i CENTER FOR WOMEN'S STUDIES AND SERVICES (pROJECf SAFEHOUSE) AND AUTIiORlZING TI-IE MAYOR TO EXEClITE SAiD AGREEMENT E. RESOLlJI10N 16774 APPROVING AGREEMENT WIlli EPISCOPAL COMMUNITY SERVICES (OTAY COMMUNITY CLINIC) AND AUTIiORlZING TI-IE MAYOR TO EXECUTE SAID AGREEMENT F. RESOLlJI10N 16775 APPROVING AGREEMENT WIlli BOYS AND GIRLS CLUB OF CHULA VISTA (TEEN OUTREACH) AND AUTIiORlZING ruE MAYOR TO EXEClITE SAID AGREEMENT G. RESOLlJI10N 16776 APPROVING AGREEMENT WIlli COMMUNITY SERVICE CENTER FOR ruE DISABLED AND AUTIiORlZING ruE MAYOR TO EXEClITE SAID AGREEMENT H. RESOLlJI10N 16777 APPROVING AGREEMENT WITI-I SWEETWATER UNION HIGH SCHOOL DISTRICf (NEW CHANCE PROGRAM) AND AUTIiORlZING ruE MAYOR TO EXECUTE SAID AGREEMENT I. RESOLlJI10N 16778 APPROVING AGREEMENT WIlli YWCA OF SAN DIEGO COUNTY (MENS COUNSELING) AND AlmiORIZING ruE MAYOR TO EXEClITE SAID AGREEMENT J. RESOLlJI10N 16779 APPROVING AGREEMENT WIlli YMCA OF METROPOLITAN SAN DIEGO COUNTY (YMCA FAMILY STRESS CENTER) AND AlmiORIZING ruE MAYOR TO EXEClITE SAiD AGREEMENT K. RESOLlJI10N 16780 APPROVING AGREEMENT WIlli YMCA OF METROPOUTAN SAN DIEGO COUNTY (SOlmi BAY FAMILY YMCA SUNSHINE COMPANY) AND AlmiORlZING ruE MAYOR TO EXEClITE SAID AGREEMENT L. RESOLlJI10N 16781 APPROVING AGREEMENT WIlli YMCA OF METROPOUTAN SAN DIEGO COUNTY (SOlmi BAY FAMILY YMCA SUMMER DAY CAMP) AND AlmiORIZING ruE MAYOR TO EXEClITE SAiD AGREEMENT M. RESOLlJI10N 16782 APPROVING AGREEMENT WIlli YMCA OF METROPOLITAN SAN DIEGO COUNTY (CHULA VISTA HIJMAN SERVICES COUNCIL) AND AUTIiORlZING ruE MAYOR TO EXECUTE SAID AGREEMENT N. RESOLlJI10N 16783 APPROVING AGREEMENT WIlli LUTIiERAN SOCIAL SERVICES SOlffiiERN CAUFORNIA PROJECf HAND) AND AlmiORIZING ruE MAYOR TO EXECUTE SAiD AGREEMENT O. RESOLlJI10N 16784 APPROVING AGREEMENTWITI-I ADULT PROTECTIVE SERVICES (SOUTIi BAY ADULT DAY HEALlli CENTER) AND AUTIiORlZING ruE MAYOR TO EXEClITE SAID AGREEMENT P. RESOLlJI10N 16785 APPROVING AGREEMENT WIlli SENIOR ADULT SERVICES (MEALS ON WHEELS) AND AlmiORlZING ruE MAYOR TO EXEClITE SAID AGREEMENT Agenda -7- August 25, 1992 Q. RESOLUTION 16786 APPROVING AGREEMENT WIlli JOBS FOR YOUTIi AND AUTIiORlZING TIiE MAYOR TO EXECUTE SAID AGREEMENT R. RESOLUTION 16787 APPROVING AGREEMENT WIlli SOUTIi BAY COMMUNITY SERVICES (CASA NUESTRA) AND AUTIiORlZING TIiE MAYOR TO EXECUTE SAID AGREEMENT S. RESOLUTION 16788 APPROVING AGREEMENT WIlli SOUTIi BAY COMMUNITY SERVICES (GRAFFITI ERADICATION) AND AUTIiORlZING TIiE MAYOR TO EXECUTE SAID AGREEMENT T. RESOLUTION 16789 APPROVING AGREEMENT WIlli SOUTIi BAY COMMUNITY SERVICES (INTERVENTION TEAM) AND AUTIiORlZING TIiE MAYOR TO EXECUTE SAID AGREEMENT U. RESOLUTION 16790 APPROVING AGREEMENT WIlli SOUTIi BAY COMMUNITY SERVICES (COMMUNITY DEVELOPMENT PROGRAM) AND AUTIiORlZING TIiE MAYOR TO EXECUTE SAID AGREEMENT V. RESOLUTION 16791 APPROVING AGREEMENT WIlli BOYS AND GIRLS CLUB OF CHULA VISTA (PUBUC ADDRESS SYSTEM) AND AUTIiORlZING TIiE MAYOR TO EXECUTE SAID AGREEMENT 17,A ORDINANCE 2528A AMENDING SECTIONS 5.20 OF TIiE MUNICIPAL CODE RELATING TO CARDROOMS (first readinsd - On 7/21/92, Council conducted a public hearing regarding a series of proposed amendments to Section 5.20 of the Chula Vista Municipal Code, the Cardroom ordinance. Pursuant to said public hearing, staff was directed to prepare for further consideration six specific modifications to the Cardroom ordinance. Additionally, Council directed staff to assess the police department's ability to enforce the amended ordinance and identify related costs. Staff recommends Council place one of the alternative ordinances on first reading. (Chief of Police) Continued from the 7/21/92 meeting. B. ORDINANCE 2528B AMENDING SECTIONS 5.20 AND 5.07.030 OF TIiE MUNICIPAL CODE RELATING TO CARDROOMS AND MASTER TAX SCHEDULE (first readinld C. ORDINANCE 2528C AMENDING SECTIONS 5.20 AND 5.07.030 OF TIiE MUNICIPAL CODE RELATING TO CARDROOMS AND MASTER TAX SCHEDULE (first readinl!:) 18. REPORT REQUEST FROM BONlTA BUSINESS AND PROFESSIONAL ASSOCIATION FOR $3,000 FOR SHUTIl.E BUS AND POUCE SERVICES DURlNG TIiE BONlTAFEST SPECIAL EVENT ON SEPTEMBER 26, 1992 - The Bonita Business and Professional Association (BBPA) is requesting $3,000 to provide shuttle bus and police services at the Bonitafest special event on 9/26/92. In the past, the proceeds from the event have paid for all or a portion of the costs. Staff recommends Council deny the request for FY 1992/93 and direct staff to reconsider the request during budget reviews for FY 1993/94. (Administration) 4/5th's vote required. Agenda -8- August 25, 1992 ITEMS PUU.ED FROM THE CONSENT CALENDAR This is the time the City Cowu:i1 will discuss items which have been removed from the Consent Calendnr. Agenda items pulled at the request of the pub/ii; will be considered prior to those pulled by CounciJmembers. Public comments are limited to five minutes per individual OTHER BUSINESS 19. CIlYMANAGER'S REPORT(S) a. Scheduling of meetings. 20. MAYOR'S REPORT(S) a. A voluntary alternative work week for City employees. 21. COUNCIL COMMENTS Councilman Malcolm: a. Conversion of City vehicles to natural gas. b. Amendment to Bonita Hotel Exclusive Negotiating Agreement relating to reimbursement of ErR-related costs. Councilman Rindone: c. Notification of public regarding Transit/Transfer Center meeting at Southwestern College on Tuesday, September 1, 1992 at 9:00 a.m. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation pursuant to Government Code Section 54956.9(a) - Settlement of Otay Valley Lawsuit - Siroonian v. City of Chula Vista The meeting will adjourn to (a closed session and thence to) a Special Joint Meeting of the City Council/Otay Water District to be held on Wednesday, August 26, 1992 at 3:00 p.m. at the Otay Municipal Water District Board Room, 10595 Jamacha Boulevard, Spring Valley and thence to the Regular City Council Meeting on September 1, 1992 at 4:00 p.m. in the City Council Chambers. Q,.;:J ~&~t~ August 21, 1992 TO: FROM: SUBJECT: The Honorable Mayor and City Counc~l J) George Krempl, Deputy City ManagerL~ City Council Meeting of August 25, 1992 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, August 25, 1992. There are no Written Communications on this agenda. GK:mab COUNCIL AGENDA STATEMENI' Item ~ ~k.. Meeting Date ~ 'Z'~ Ordinance 2524 Amending Section 2.30.020 ~f~Shu1a Vista Municipal <6\a.st qa- Code Relating to Membership on the Economic Devel~ent Commission ~ ...)" "< ~'. 4, Community Development Director /VD 4, . " DO~ City Manag~ P-d~' (4/5ths Vote: Yes _ No BOtti ITEM TITLE: SUBl\11nlill BY: REVIEWED BY: BACKGROUND: The ordinance, as originally proposed by the Economic Development Commission, has been revised per Council's direction on August 4, 1992. RECOMMENDATION: That Council introduce the proposed ordinance for first reading. BOARDS/COMMISSIONSRECOMMENDA TION: TheEconomicDevelopmentComrnission unanimously endorsed the ordinance as currently proposed on August 5, 1992. DISCUSSION: The ordinance as currently proposed provides for the following: Votin~ Members Two (2) Chamber of Commerce nominees One (1) South San Diego Bay Cities Association of Realtors nominee Six (6) Residents at large 9 Subtotal Non Votin~ Members Five (5) Ex-Officio Commissioners The ordinance stipulates the selection process by the Mayor and Council. Specifically, of the six residents at large, two are appointed by the Mayor and each of the remaining four are appointed by one of the four Council members. Additionally, areas of desirable expertise are identified for consideration by Council in making appointments. FISCAL IMPACT: None. 1A:\OItD15)t.11J ~- ( " , TInS PAGE BLANK '=>-2. 1/ 1~II~lClZ, rJt' ~ e.f, tJ I rJ ~ vl.-,v f'lDf'\ f ~rs& ORDINANCE 2524 ,~C' q1,. 'b 11<,:: -1b,r, 11(;> -1'10 -160,& Q-GJ ~ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.30.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION THE CITY COUNCIL OF THE CITY OF CHULA VISTA docs hereby ordain as follows: Section 1. That Section 2.30.020 of the Chula Vista Municipal Code is amended to read as follows: Section 2.30.020 Membership. A. Number of Members. The Commission shall consist of nine (9) Voting Members, a Staff Ex- officio Member, and up to tlIree (3) five (5) ~eneral Ex-officio Members. B. Designation of Members 1. Voting Members. The Voting Members shall be appointed by the City Council from the qualified electors of the City, two (2) of whom shall be appointed from a classification consisting of nominees from the Board of Directors of the Chula Vista Chamber of Commerce and who shall, at the time of their appointment and throughout their term, have membership in the Chamber of Commerce; one (1) of whom shall be a nominee from the Board of Directors of the South San Diego Bay Cities Beeftl Association of Realtors and who shall, at the time of their appointment and throughout their term, have membership in the South San Diego Bay Cities ~ Association of Realtors; and six (6) of whom shall be residents of the City at large and who shall, throughout their term, maintain their residency and elector status w 'n ~om shall-be nominated~bv Council members with..wh Council~ber entitled . i' .. . . lhus annointed..bv the entire City CounciLbv a maioritv vote. 2, Staff Ex-officio Member. The City Manager or hislher designate representative shall be an ex-officio member of the commission, who shall not be required to be a qualified elector of the City, but who shall have no vote ("Staff Ex-officio Member"). 6'3 3. General Ex-officio Members. The City Council, or its designee, may appoint not greater than three (3) five (5) additional ex-officio members of the Commission, who shall not be required to be qualified elector(s) of the City, but any such appointed ex-officio members shall have n~ vote ("General Ex-officio Member"). . ~ Desired areas ot Expertise l , , \ Market Research \ Residential Devel~r Commercial/Industrial DevelQper BankerlLender \ , MaJor Employer \ Small Business Owner\ Subsection. B.1): - M~or Land Owner - Labor T p~der - Maior Utility : I ~ Section 3. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. ~ --'I Presented by: Chris Salomone Community Development Director Bruce M. Boogaard City Attorney (C:\WPSIICOUNCR.\RESOSIEDC-ORD.ORD] ~.f' .'j TInS PAGE BlANK ~..~ COUNCIL AGENDA STATEMENT Item 7 Meeting Date 08/25JC12 ITEM TITLE: 11.,'15/0 Resolution approving the second amendment to the agreement with Wallace, Roberts and Todd, Inc. for expanded scope of work, and authorizing acceptance of an agreement with the State Coastal Conservancy for an augmentation of $8,000 to an existing $80,000 Coastal Conservancy Grant to prepare a Resource Enhancement Plan for the Otay River Valley 01 Director of Parks and Re~a~m.r Director of Planning /()1-(. City Manager ~:{lP (4/5ths Vote: Yes _ No X) SUBMTITED BY: REVIEWED BY: On February 28, 1989, the City Council authorized the submittal of a grant application for $50,000 to the California Coastal Conservancy for the hiring of a consultant to undertake Phase I of a special study of all properties within the Otay River flood plain from the Bay to one-half mile east of I-80S. Subsequent to this action, in May, 1990, the Grant was augmented by $30,000 to add Phase II for the development of resource management and development alternatives and associated expenses. On August 21, 1990, the Council acknowledged receipt of an additional $30,000 in grant money (for a total of $80,000), and approved an agreement with Wallace, Roberts and Todd, Inc. (WRT) to provide the consultant services. On November 20, 1990, the Council approved the first amendment to the agreement with WRT, to extend the study areas of the resource enhancement plan for the Otay River Valley by one mile to the western boundary of Otay Ranch. This resolution is required to approve the second amendment to the agreement with WRT, Inc., to expand the scope of work; and authorize acceptance from the Coastal Conservancy, of $8,000 in grant monies for expanded work on the study. RECOMMENDATION: That the City Council adopt the Resolution: 1. Approving the second amendment to the Agreement with WR T, Inc., and authorizing the Mayor to sign the amendment; and 2. Authorizing the acceptance of an amendment to the agreement with the State Coastal Conservancy for an augmentation of $8,000 to the $80,000 Grant to prepare an Enhancement Plan for the Otay River Valley. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The original intent of the Resource Enhancement Plan, for a grant amount of $50,000, was to: 1. Undertake a comprehensive study of all the properties located in the floodplain between San Diego Bay and one half mile east of I-80S; [oraygrnt] 1 i.1 Item 1 Meeting Date 08/25/'n 2. Identify in the Plan, development strategies to minimize impacts to natural resources, target the most beneficial areas for habitat restoration and enhancement, and recommend public recreation and access improvements that would be compatible with development and habitat constraints; and 3. Study and describe disturbed or contaminated areas to determine their potential impacts on critical resources and recreational opportunities. In May 1990, the Coastal Conservancy authorized $30,000 in additional funds when the responses from consultants to the City's RFP for the study, exceeded the original $50,000 grant allocation. In November, 1990, the Council amended the agreement with WRT to include additional work to the western boundary of the Otay Ranch and approved Redevelopment Agency funds in the amount of $10,000 to cover this work. In June 1991, the State of California Coastal Conservancy approved $8,000 in additional grant funds to the City of Chula Vista for expanded work on the Resource Enhancement Plan. The Department had made a verbal agreement with WRT, Inc., in May of 1991, to include this work in the project and perform a field survey of all areas not previously surveyed for cultural resources. However, the City Attorney's Office has advised the Department that a formal amendment must be made to the agreement with WRT, Inc., in order to increase the purchase order amount, fulfill the requirements of the grant from the Coastal Conservancy and accept the additional funds ($8,000) from the Conservancy for the work. The study project is currently underway and staff expects completion by late-1992. WRT has signed the second amendment to the agreement and, as previously approved by the Council, the Parks and Recreation Director has been authorized to sign the agreements with the State Coastal Conservancy on behalf of the City. FISCAL IMPACT: None; the City will receive the additional $8,000, on a reimbursement-for- expenses basis, from the Coastal Conservancy, to cover the costs of the work under the consultant contract. The total grant amount from the Coastal Conservancy will now be $88,000. Attachments: Second Amendment to Agreement with WRT Copy of Agreement with Coastal Conservancy for additional $8,000 [ornygrntJ 2 (~:z. .,...,.. CJF.CA.l,.PCMltNI'" ~"'l;;T ____.. 'STANDARD AGREEMENT- _",ROVEO .Y THE ATTORNEY GENERAL 88-060 CON'TR4CTOR" .,...ft 1.D. ......1" I ~-3 -~ 1",..1 --....-.-.-.. D "An ARNey D !)PT. OP _N. .". D CONTIlOU.P o D D ~. . NY. 7;U:1 . 'iHIS AGREEME!\.'T. mad~ and ~I...ed into this 24th day of' June . 19.2l.. b; th~ Stat~ of California. by anc! ~tween Stat~ of California, throur.~' its duly elected or appoinled. qualified and acting '. Executive Officer r-NCY State O::lastal O:lnservancv 1I_._.rlt, ..1111'\11 ~. 'tm.a OP' OPN:P AC'nNCI ~ 8'TA'" City of Olula Vista t....._fL. 111~ ,1'11 (' _" ... WITNESSETH: That th~ Contractor for and In consid~ralion of thr eovenants, concIitions, agreements, andatipulations of th~ Stat~ hrr~inaftft expressed. d~ bft~b)' agr~ to furnish to th~ Stat~ aervices and materials, as follows: IWl Jt1I'lA _ 1O....Mrod '" c...,_. -' 1O",alll c..._...... JM".q- M~....d""'" p/aftI...d ~jIa,","",J .nw) The State Coastal Conservancy ("the Conservancy") and the City of Chula Vista ("the grantee") agree to amend their existing Agreement No. 88-060 as follows: SCOPE OF AGREEMENT Lines three and four of paragraph one of this section are deleted and replaced by the following: "...City of Chula Vista ("the grantee") a sum not to exceed eighty-eight thousand dollars ($88,000), subject to the terms and condition of this Agreement." (Continued on the following page) CONTINUED ON _ SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. Th~ provisions on th~ r~ve~ sid~ h~reof constilut~ a part of this agreem~nt. IN WITNESS WHEREOF. this agreement has been executed by th~ parties Mreto. upon th~ dat~ first abo~ wrill~n. STATE OF CAlIFORNIA CONTRACTOR CON'T'aACTOR.................. _ ... -'A'll ~ A---'TICIIN. ""-, r...-c.l -rrrl.& Executive Officer aMlNATUfltlll 276 Fourth Ave., O1u1a Vista, CA 92010 $ NtQCIAAM!CAftClOltY ~ AND nf"" Capital OJtlay _UHl ....... ...... PWHEF $ 80 000.00 'I'ClTAI. AMOUNT aHC......."1lD 'I'Cl DATIl rtSM _ ftAR Dep8rtm.nt 0' G.n.,.' S.rviC.. U.. Only I certify that this grant flu..e.d..ent i8 exerrq:>t !ran DepI!lrtJnel'lt of General Services approval. 0~'7p. . . . ..... 3760- 1-748(1 ,.00 37 301-74B( )89s8,000.00 AMOUNT .NCUMNlItG .y TM&a DOCUMIHT "1011 AMOVNT aNCUIIIIII"IC> IIOR TMIS CONTAACT ~CT OJ' PNNDITUM tcODI: AND 'I'ITl.I:) $88,000.00 Resource Dlhancenent I M.bw -'Jw ~""" IIlW OIL" _/ImOlL."d".Ioa, hud"/td J~"." ...,labl, JM ,Iv ptriQd .nd PU",",' of.Iv nptndlt." ....111...... ...."'TUIU C>> A"CNNTlHA M'"" T.a.A.HO. .... NO. DAft x li 'l.~ q/ .- "1.~ AMENDMENT TO lHE AGREEMENT BETWEEN lHE CITY OF CHUlA VISTA :J"D WAllACE, ROBERTS AND TODD, INe. FOR lHE PRJ'ilSION OF CONSULTING SERVICES FOR lHE PREPARATION OF A RFSOURCE ENHANCEMENT PLAN FOR lHE OTAY RIVER VAlLEY TIllS SECOND AMENDMENT TO lHE AGREEMENT, made and entered into this _th day of August 1992, by and between the City of Chula Vista, a municipal corpor",tion, herein after referred to as .City; and Wallace, Roberts and Todd, Inc., a California corporation, hereinafter referred to as .Consultant;. WHEREAS, the City entered into an agreement with the Consultant on August 21, 1990, to prepare a resource enhancement plan of the Otay River Valley from Interstate 5 to one-half mile east of Interstate 805, and entered into the first amendment to the agreement with the Consultant on November 20, 1990, to expand the scope of work with the consultant to extend the study area from one-half mile east of Interstate 805 to the Western boundary of the Otay Ranch; and WHEREAS, the City is desirous of obtaining additional archaeological studies in the Otay River Valley and the Consultant has the necessary expertise and familiarity with the area to perform the additional work. , . WHEREAS, the City of Chula Vista received an $80,000 grant from the State Coastal Conservancy to hire a consultant to prepare a resource enhancement plan, and this grant was augmented by $8,000 to cover the additional archaeological work; and NOW, lHEREFORE, the agreement awarded on August 21, 1990, is hereby amended to include the following additions: 1. The opening paragraph of the original agreement is amended to add the following, at the end of said paragraph: .... to the Western boundary of the Otay Ranch, and perform a field survey of all areas not previously surveyed for cultural resources.. 2. Section 4 of the Standard Agreement is hereby amended to add the following: Phase 1. Field survey all areas not previously surveyed for cultural resources. This task would involve intensive reconnaissance of areas not previously surveyed. The survey will consist of parallel transects spaced approximately 15 meters apart - $7,161.00. IN WTINESS WHEREOF, the parties hereto have caused this second Amendment to the Agreement to be executed the day and year first hereinabove set forth. ~~ AllACE, ROBERTS AND TODD, INC. CITY OF CHULA VISTA I hereby approve the form and legality of the foregoing Second Amendment to the Agreement this _th day of August 1992. CITY ATIORNEY loraygntJ 4 I.Y RFSOLUTION ';0. _lie 1510 RESOLUTION OF THE CITY COUNCIL APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BEIWEEN THE CTIY OF CHULA VISTA AND WALLACE, ROBERTI) AND TODD, INe. FOR THE PROVISION OF CONSULTING SERVICES FOR THE PREPARATION OF A RESOURCE ENHANCEMENT PLAN FOR THE OTAY RIVER VALLEY AND AUTHORIZING ACCEYfANCE OF AN ADDmONAL $8,000 IN GRANT MONEY FROM THE COASTAL CONSERVANCY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City entered into an agreement with the Consultant on August 21, 1990, to prepare a resource enhancement plan of the Otay River Valley from Interstate 5 to one-half mile east of Interstate 805, and entered into the first amendment to the agreement with the Consultant on November 20, 1990, to expand the scope of work with the consultant to extend the study area from one-half mile east of Interstate 805 to the Western boundary of the Otay Ranch; and WHEREAS, the City is desirous of obtaining additional archaeological studies in the Otay River Valley and the Consultant has the necessary expertise and familiarity with the area to perform the additional work. WHEREAS, the City of Chula Vista received an $80,000 grant from the State Coastal Conservancy to hire a consultant to prepare a resource enhancement plan, and this grant was augmented by $8,000 to cover the additional archaeological work; and WHEREAS, to complete the study and obtain the necessary archaeological information for the project area, and for an additional $7,161.00, WRT is willing to expand its scope of work to include a field survey of all areas not previously surveyed for cultural reasons. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with Wallace, Roberts and Todd, Inc. for the extended scope of work on the Resource Enhancement Plan for the Otay River Valley, a copy of which is on file in the office of the City. BE IT FUR THER RESOLVED that the May of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for an on behalf of the City of Chula Vista. as to for J Presented by Jess Valenzuela Director of Parks and Recreation Bruce M. Boogaard City Attorney (otaygrnt] 3 ""1-5 COUNCIL AGENDA STATEMENT Iteml Meeting Date 8/25/92 REVIEWED BY: Resolution I (..1103 Authorizing the Mayor to sign on behalf of the City, Tentative MaP.s, :1-05, 93-01 Director of Public Works 'it.' ( \ Director of Parks & Recreation!~ t;/'<G City Manager j" ) ITEM TITLE: SUBMITTED BY: McMillin Development is processing two tentative maps for the Rancho Del Rey Business Center. As part of the map, equal land swaps are proposed between McMillin properties and open space lots owned by the City. Since these lots are shown on the tentative maps, the ownership legend on the maps are required to be signed by the City as owner. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: McMillin Development is in the process of re-subdividing and revising the general and SPA I plan for a portion of the Rancho Del Rey Business Center on the north side of East H Street between Paseo Del Rey and Terra Del Rey (see Exhibit A). As part of the proposal, McMillin proposes to swap land on an equal basis within the Business Center and City owned open space lots. The City owned open space lots were included so that the legal description of the lots will easily be described once final maps are approved. Council, by authorizing the Mayor to sign the ownership legend on tentative maps 92- 05, 93-01 on behalf of the City, will be conforming to the Municipal Code which requires property owners of all lands included within a tentative map to sign the map. Authorizing the Mayor to sign those statements on both tentative maps does not approve the maps. It does acknowledge that City property is included in the proposal. Impacts of these land swaps will be analyzed prior to the tentative maps being considered by the Planning Commission and the City Council. Council and staff will be able to approve, conditionally approve, or deny these land swaps with consideration of both tentative maps. Should the tentative maps be approved by '8 - I Page 2, Item g Meeting Date 8/25/92 Council, the Mayor would also be required to sign the final maps on behalf of the City as owners of the open space lots. Authorization to sign the final map would be requested upon consideration of those maps by Council. The proposed land swap acreage for Tentative Maps 92-05 is 0.11 acres (see Exhibit B) and for Tentative Map 93-01, is 0.32 acres (see Exhibit C). These land swaps are requested by McMillin to provide better lot configurations for the proposed users, Home Depot, Price Club, and K-Mart. The property owners with Open Space District 20 will be notified about the proposed land swap in accordance with Council direction. The property owners will be informed that they may provide input at the public hearings considering the tentative maps. The notice will indicate there is a proposed land swap between the open space lots and the Business Center. The applicant will be required to revise the open space district maps to reflect this land swap should the project be approved. FISCAL IMPACT: None to the City. WAU:EY-363, EY-364 S9,F,\ENGINEERlAGENDA\MCMILlIN .MAP 091992 ~.. 2.. ~H'B'-T A " . r J .. ~ . :'1 l ~ , ~ ~ ~ \ -; ~ '" .- " ~ " ... o Project Boundary ~ecr o 1000' -- -- - (~A)qfO Oe-c.. ~ 1 LOCATOR NORTH [ 80,,_ ~ 'is-3 SCAlE: 1" _ 200' 00 cf.) , ~ san'2'O"r JtlI.n' " " TENTATIVE MAP CHULA VISTA TRACT NO. 92-05 RANCHO DEL REY BUSINESS CENTER A RESU8DMSlON OF LOTS \ 2. 3. AN) E S 77'JS'4S. ..Jo.Sll' r EXlST.2O' DMlNIICf: CASEWDIT d- #/ LOT 1 /" EXJB'1"NJN'EA-U8Ac. ~ I'ROf'OOED NEA -..... ... ~ EXlST"$'S[IJI(III~ u.stl€HtTQEIE VACIITEP I; LArVD SWAP LOT 2 OlD AREA - 2.33 ,.... """""',,,. JI ~III EASENEHT~ =.J ~-- Ht2'llI'SO"lW EAsr 'If S71ieer LOT AREA SUMMARY SCALE: 1" - ZOO' e)(~leIT B II IlltI.5o' M ,.,,'J 11..15 J $' '~1,. ,~l"t: TO Ul1 . 8t-EET I OF 3 ~ & I ~ N:.~~~::D. ~~I~~~~G ..,401bdtltwSltwl.S&ll.Dllco, Ca1Jform..Ili2UI4.1f-2t2-7770 . ~ ~ . ~ ~ Lll1 ;S ~ ". PlAZA COlfn- i , ~ 0U$T.10'_IO' 5.0.G..I: L """"" . ~ ~ . !.!l'/ '" ~" \ \ lENTATIVE MAP CHULA VISTA TRACT NO. 93 -01 RANCHO DEL REY BUSINESS CENlER A AEI'3l.IlOM9IONOFL<mIlZ nRl24,.. C. AlOE OF"" NO. 12287 NDLar"OI"l.W'NO.tz50:Z _ET1OFl ,. ,. 250' / I J,W Uillll / U1 J ...U ....w - - , , f~,.e< Joe-"., '" WE 10 II: ml \ Nt/)PIJlIUCilCt(SS \~ TO J\l{CI1V 01 CHl.U VlSTA un ~~""'"UtASl;lII:JIl' rolnAY_OIST1'ICIr EXISTING \ LOT 12 \ IlU1i!Illa Jnt..AU toW> 12502 lOT F LOT Z /tIEA....1c OPEN SPAce PlIClI'OSUlLOT lK. 1.01 Z [)ll5ftlGl.D'IlK.LOT'._1~2 ". EXISTING LOT 20 EXISTING LOT 23 U1 III /tIEA.....". EXISTINGlOT E OPEN SPAce ~ "'"" T01EClrro OIVl.AIII$1.I, LOU AN!A. UO M EXISTING LOT 19 LOTO ........... ....... " .. U1U EX1$TINC LOT 21 ~rr2 IoIClI'UlIUC ACCO$ lOTIlECIlYOItHUIJl'ottTA ------= == Lore AIleA.&..... PIIOPOSm....TDlEAS(\I ltllmlYWAltllOI$TJIICIf i il~ . \ U111 ---- ---- EXISTING EXISTING lOT 18 LOT 22 LOT 4 NEA-UII/1.o LOTl5 IleA. CIAO Ie Lory Af8,-\." OPENBPACE EXIST~- -- LOT B LOTW~.Q.2IA4OPENSPA~ LOTX~.o.41M OPENSP... rnfr:' - -- EAST 'H' STREET U\ IS:SJ ~ SIIET V.ACAllON (.......) t:2:2l1'llOfOOED SIIET OECICAllON (0.07 "') ~ I'IlOfOOED AIlIlf110N TO <>'eN "'ACE (0.32 ~ IIIliIIllIII <>'eN"'ACE TO IE FEI..I'<ClU8tED (0.32 AcI LAt-JP SWI\P \ \ r 0(\ \ LOT AREA SUMMARY E)(H'B\T c... ~ N~~~::n. ~~I.N~E~G .,4C1Jlu1fu.lItr..t.Su.Dkco.CallIwm&,tr211J..lt-2fl2-mo RESOLUTION NO. I ~ "7b.3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY, TENTATIVE MAPS 92-05 AND 93-01 WHEREAS, McMillin Development is processing two tentative maps for the Rancho del Rey Business Center; and WHEREAS, as part of the map, equal land swaps are proposed between McMillin properties and open space lots owned by the City; and WHEREAS, since these lots are shown on the tentative maps, the maps are required to be signed by the City in their ownership capacity of the existing open space lots; and WHEREAS, Council, by authorizing the Mayor to sign Tentative Maps 92-05, 93-01 on behalf of the City, will be conforming to the Municipal Code which requires property owners of all lands included within a tentative map to sign the map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize the Mayor to sign the ownership legend on behalf of the City of Chula vista as contained On Tentative Maps 92-05 and 93-01. John P. Lippitt, Director of Public Works by Presented by Bruce M. Attorney y F:\home\attomey\9205tnmp '''0 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item ~ Meeting Date 8/25/92 Resolution lie. 1 bY Declaring City's intention to underground utilities along "E" Street from Broadway to Toyon Lane, including Toyon Lane, Corte Helena Avenue, and Guava Avenue (Candy Cane Lane) and setting a public hearing for the formation of a utility undergrounding district along said street section Director of Public Works rtI' . ~~l, City Manager 1ge (4/Sths Vote: Yes_No..xJ ITEM TITLE: REVIEWED BY: On November 12, 1991, the City Council approved Resolution No. 16415 accepting a report on the City's Utility Underground Conversion Program and approving a revised list of Utility Underground Conversion Projects. This is listed as the third utility conversion project in the City's adopted program. Districts for the first two projects ("F" Street and Fourth Avenue) have already been established. On August 12, 1992, an Underground Utility Advisory Committee (UUAC) meeting was held in the Public Services Building to consider the proposed boundary of an underground utility district for the conversion of existing overhead utilities. The proposed boundary is shown on attached Exhibit "A". The district's limits extend along "E" Street from Broadway to Toyon Lane and include Toyon Lane, Corte Helena Avenue and Guava Avenue (Candy Cane Lane). RECOMMENDATION: That Council adopt the resolution as stated in the item title above. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E, Pacific Bell, Cox Cable TV, Chula Vista Cable and the City agreed to propose to the City Council the formation of a utility undergrounding district for the conversion of overhead facilities along "E" Street within the limits mentioned above. The proposed utility undergrounding district along "E" Street is about 7,400 feet long running from Broadway to Toyon Lane and includes approximately 400' along Toyon Lane, 250' along Corte Helena Avenue and 600' crossing Candy Cane Lane (please see Exhibit "A"). The estimated cost for undergrounding the utilities is $2.0 million. West and east of the proposed district, undergrounding of overhead utilities has been completed. The Average Daily Traffic Cl-I Page 2, Item l Meeting Date 8/25/92 (ADT) count on "E" Street varies between 17,500 and 20,000 depending upon the location along "E" Street. Staff recommends the formation of this conversion district along this section of "E" Street, including Toyon Lane, Corte Helena Avenue and Candy Cane Lane because: 1. "E" Street is a major east/west thoroughfare connecting Interstate 5 and Interstate 805 in the Northern portion of Chula Vista. "E" Street also passes through and provides access to the central business district. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing central business district. 2. "E" Street is classified as a class I collector street. 3. The City will use SDG&E allocation funds based on Rule 20-A Distribution Formula to fund this project. 4. Undergrounding has been completed on "E" Street west of Broadway and east of Toy on Lane thus making the proposed district a link between two undergrounded sections. 5. Undergrounding will eliminate overhead lines on Chula Vista's well known Candy Cane Lane. Toyon Lane is proposed to be included in this district because of its direct aesthetic impact on "E" Street. Drivers on "E" Street can see most of the utility lines on Toyon Lane as they approach Corte Maria east of First Avenue. Utilities on Corte Helena were also included in the District because of associated minimal costs and since they did not extend in the easterly direction. Section 15.32.130 of the Chula Vista Municipal code requires the City Council to set a public hearing to determine whether the public health, safety and general welfare requires the undergrounding of existing overhead utilities within designated areas of the City and to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the district and to require property owners to convert their service connections to underground at their expense. The conversion work by the property owners involves trenching, backfill and conduit installation from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that reduces the property owner's cost for the conversion from the distribution lines to the residence. The mechanism is based on the following provisions: 1. Funding is limited to single family residential properties. q - 'l.. Page 3, Item l Meeting Date 8/25/92 2. Funding is limited to facilities which customer traditionally supplies/installs such as trenching and conduit from property line to point of connection. 3. Funding shall not exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. Approval of this resolution will set a public hearing to be held at 6:00 p.m. in the Council Chambers of the Public Services Building on October 20, 1992, in accordance with Section 15.32.130 of the Municipal Code for the formation of this district. Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each utility company of the time and place of the public hearing at least 15 days prior to the date of the public hearing. Notice is to be given by mail to all property owners and occupants of property located within the boundaries of the proposed district. The City Clerk is required by this section of the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no less than five days prior to the date of the public hearing. The installation of standard City street lights in this stretch of "E" Street is to be financed by CIP Project No. TF-149. This CIP Project will also cover two previously approved utility undergrounding projects, "F" Street from Church to Second Avenue and 4th Avenue from "E" Street to Highway 54. A transparency of Exhibit "A" showing the boundaries of the proposed district is available. FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion funding as outlined above, is estimated to be about $2.0 million. SDG&E's allocated funds (Rule 20-A) will cover the estimated cost of the project. MIlmad:KY-078, AY-088 WPC F:\HOME\ENGINEER\AGENDA\5936E q- 3. ~ . .-{: J 111.11111111 ",", I~I I '" I 1I'.'IIIIH-1 ::' II _ ~ . ";fi2i.;l,.;c:!f ~~ Cll'" L.,D~ .~REET 111111111 J.IjjilIJl ~ r-- ~- !r+" HIIIIII 1I1I11 r =; 'Ii m -L E .. ~: 'f~ ~ ~((:o~~i .:;:" I I'':' .--!-. il;1 8 un. - : : tl rIi I: ..- mr- -:-T Till T ~ L... I ~ - ~ .J ~ 9";'" . II I I II '- '. v( _-! -1,1 3-. GUAVA " ~ ~ 'I -. .. t; =F II:: I .. - , . I- 1111 ''. 'A, III -.. .. r ~ -. ::E ~ VENU-.SJ .. f- -,-.2 - 1 TOYON:- -;.r:---- . OF,' jT~~~;,~ ~T!.'~,~ ';;;~'~m~~I:: .,,~r:;~~~\J ~ , ("iL.. IIII~::,-:; :: ;..L>c(~'" 1T7\~ Q~= > -jl.l)(w ;J: .,...O~I-L.' I I c( "'" ,'" 1 \. !JJ' c( tLL::::.! _: c( -Ji-t. >. ,1 ~] '. - .::: +;Z J: , r 1 1[:: t _' : TT1 c( - a.. II J r !II J:' I~ I :, , ~r1i: ;~-::i~ 0 it - I~ ~ ~]I I I- .1~....J1rJl.: I- Iii I- '1Irlr', ::> -. 0::, ~ 0 I I (/) · ~", S! R,~,~.J rfrttt~ mffiillIIIIlIli ~ 1 frn;;~MIDr ~ j ~ 1: ~J ~ II II I I (~. ~!T~ == ~ " I." I H F"TTITifIf-=. 'II 1Ta0T 111=11:::::::" :,:,:::lIrrlll I.. : (/)I~nn DI'STRICT BOUNDARY \ N , II II 11111 ~f- ,II r- '\.It: \ ~-', .,F ~ ~\ +t .Jl.'...,~ \ JJ rl '\ ':::I DRAWN BY: M.J.I PROJECT TITLE EXHIBIT -A" UTILITY UNDERGROUNDING DISTRICT - NO. 123 irE" STREET - BETWEEN BROADWAY AND TOYON' LANE DATE: 8 I 14 I 92 INCLUD..G TOYON LANE, CORTE HELENA AVENUE AND GUAVA AVENUE SOUTH OF "E' STREET RESOLUTION NO. 11.1 /,~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ALONG "E" STREET FROM BROADWAY TO TOYON LANE, INCLUDING TOYON LANE, CORTE HELENA AVENUE, AND GUAVA AVENUE (CANDY CANE LANE) The City Council of the city of Chula vista does hereby resolve as follows: WHEREAS, Chapter 15.32 of the Chula vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district, and WHEREAS, on August 12, 1992, an Underground Utility Advisory Committee (UUAC) meeting was held in the Public Services Building to consider the proposed boundary of an underground utility district along E Street from Broadway to Toyon Lane, including Toyon Lane, Corte Helena Avenue and Guava Avenue (Candy Cane Lane), and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Chula vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula vista at 276 Fourth Avenue in said city on Tuesday, the 20th day of October, 1992, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the city Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities 1 '1-5" concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. Presented by as j John P. Lippitt, Director of Public Works Bruce M. Attorney , City F: \hooJe\attomey\IntentUU 2 q-l,P COUNaLAGENDASTATEMENT ITEM TITLE: Item / D Meeting Date 8/25/92 Resolution Ib IbSl Authorizing the addition of CIP STL2lO Elm Avenue Alley Improvements to the FY 1992/93 Capital Improvement Program; and appropriating $53,000 from the Transportation Partnership Fund to CIP STL2 10 Elm Avenue Alley Improvements to finance the Installation of alley-type Improvements on Elm Avenue between Cypress and MadrOnaJtreets Director of Public Works ~ City Manager ~ 1(. (4/5ths Vote: Yes~No~ SUBMITTED BY: REVIEWED BY: At the August 4, 1992 meeting, the City Council accepted the Engineering staff report entitled "Report evaluating the possibility and feasibility of paving or closing Elm Avenue and two adjacent alleys. . .". The City Council also accepted staffs recommendation to fund Improvement of the alleys through the formation of an assessment district, except for that segment of Elm Avenue located between Cypress and Madrona Streets. This resolution approves the allocation of $53,000 from the Transportation Partnership Fund to finance the Installation of alley-type Improvements on sald section of Elm Avenue. RECOMMENDATION: That Council adopt the resolution as stated above. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the August 4, 1992 meeting, the City Council directed staff to prepare a project for Inclusion In the FY 1992-93 Capltallmprovement Program to Improve Elm Avenue as a 15 ft. wide. one-way northbound street between Cypress and Madrona Streets (as shown on the accompanying plat) because the terminus of Madrona Street Is not constructed to cul-de-sac standards and Is too narrow for a vehicle to easily turn around. The City Council also directed staff to place a "No Outlet". or other similar sign at the entrance to Madrona Street from Second Avenue to discourage through traffic from using Elm Avenue. Engineering staff has determined that the cost to Improve this portion of Elm Avenue to alley-type standards Is approximately $53.000. Including surveying and design, contract preparation and administration, construction Inspection and construction contingencies (a detailed cost estimate Is attached). The source of funding for this project will be Transportation Partnership Fund (TPF) (Fund No. 253). The current balance of the fund Is approximately $396,000. It> - / Page 2, Item / D Meeting Date 8/25/92 Staff will be placing a "No Outlet" sign at the southeast comer of the Intersection of Madrona Street and Second Avenue. FISCAL IMPACT: The estimated cost of installing alley-type improvements on Elm Avenue between Madrona and Cypress Streets Is $53.000. The source offundlngwill be the Transportation Partnership Fund (TPF). WPC F:\HOME\ENGINEER\AGENDA \6130E ID-:<., CITYOFCHULA VISTA ENGINEERING DIVISION COST ESTIMATE PROJECT TITLE: Paving of Elm Avenue Between Cypress Street and Madrona Street DATE. PREPARED BY. CHECKED BY . File KY-lOO KY-158 8/12/92 KPA SMN NO. I ITEM I 1 I Remove Existing Improvements 2 i ExcavatJon & Grading (Includes Export) 3 i 8" P.c.c. Alle 15' Wide 4 i A.c. Pvmt. & Base (East End of Madrona) 5 i Alley Apron (Center Alley) I 6 . Cutoff Wall (Center Alley) 7 j P.C.C. Curb (At Curb Returns and Along I Easterly Edge of P.c.c. Pavement) 8 ! P.c.c. Sidewalk on ress and on Madrona i I 9 I Pedestrian Ramps (on Cypress) i 10 'Signagel Pavement Marking , ' , I PROJECT TOTAIL iSAY I , , II I QUANTITY I UNIT I LS I LS 1 300 CY I 4,060 SF ' 2700 SF I 1300 SF 1 EA I I 470 I LF . i ' LSILS LS I LS I I [B.ELMA VE.P A V] 10 - .a I 1 I , h UNIT PRICE $1,000.00 $12.00 $4.50 $2.251 $4.50 I $400.00 I' $8.50 , $2.00 ' $400.00 $500.00 I $4,000.00 $4,000.00 I i I , I I AMOUNT $1,000 $3,600 $18,270 , $6.075 I . I $5,850 I $400 I I $3,995 I $500 ' $800 I $500 $40j)O' $4,099 I $4,000 $4,000 I I I $53,089 $53,000 \' ~ ...-- \ -- ..- -i" \- '\ - - \ - \" \ \ \-/ \ \ \ \ \-" \ \ \ \ \- -\/\- - ..,.- \ \ \ \ \-- \ \ \ \ \ \ \ \ \ \\ \ \ \\ \ \ \\ \ \ \ \\~ - - g ~- PROJECT LOCATION: 1111111111111111111111 DRAWN BY: K.P.A. PROJECT TITLE DATE: 8/12/92 Paving of Elm Avenue Between Cypress Street and Madrona Street ?{)~7'- /IIJ-' J , 5691"210uO MORALES JESS A - - - .. -- '-'" -. CHULA VISTA LA 91910 5691".::0'10u B UU NOS bE TT Y J , . - - - -. CHULA VISTA CA '1191u 5691"31000 BURKS MARVIN b - -.. - . CHULA VISTA CA '1191u '."~<,: ',/ : ~~:;~:"".:' . I"/, ~ 5691bl0luO MILLER H~RMAN P/JEAN N I - I ~ CHULA VISTA CA 91910 5691610200 KuEBLER ALLAN J - __ I I .- CHULA VISTA CA 91910 5691610300 GR ANT bETT IE M TR _ L _ LAGUNA BEALH CA 92651 5691610"00 CRANE ROBERT E/JUDITH A CHULA VISTA CA 91910 5691610500 JOHNSON fAMILY TRUST 11-13-90 LHULA VISTA CA 91910 1/)-;;- , . , I / / RESOLUTION NO. I '-I ~S RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF CIP STL210 ELM AVENUE ALLEY IMPROVEMENTS TO THE FY 1992/93 CAPITAL IMPROVEMENT PROGRAM; AND APPROPRIATING $53,000 FROM THE TRANSPORTATION PARTNERSHIP PROGRAM FUND TO CIP STL210 ELM AVENUE ALLEY IMPROVEMENTS TO FINANCE THE INSTALLATION OF ALLEY-TYPE IMPROVEMENTS ON ELM AVENUE BETWEEN CYPRESS AND MADRONA STREETS WHEREAS, at the August 4, 1992 meeting, the City council accepted the Engineering staff report evaluating the possibility and feasibility of paving or closing Elm Avenue and two adjacent alleys; and WHEREAS, the city Council also accepted staff's recommendation to fund improvement of the alleys through the formation of an assessment district, except for that segment of Elm Avenue located between cypress and Madrona Streets; and WHEREAS, it is now necessary to approve the allocation of $53,000 from the Transportation Partnership Fund to finance the installation of alley-type improvements on said section of Elm Avenue. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby authorize the addition of CIP ST210 Elm Avenue Alley improvements to the FY 1992/93 Capital Improvement Program. BE IT FURTHER RESOLVED that the amount of $53,000 is hereby appropriated from the Transportation Partnership Fund to the CIP STL210 Elm Avenue alley improvements to finance the installation of alley-type improvements on Elm Avenue between cypress and Madrona Streets. Presented by John P. Lippitt, Director of Public Works F; \home\att.orney\sltpp 1/)~7 COUNCIL AGENDA STATEMENT Item II Meeting Date: August 25, 1992 ITEM TITLE: Resolution /{",1t..1.. Approving third amendment to the Citywide street Sweeping Agreement extending same through October 31, 1992. SUBMITTED BY: Director of Public Works fr r;t/ REVIEWED BY: City Manager ~I.~\(. (4/5ths Vote: Yes_No_X_l On September 15, 1987, the City coucil approved a contract with Laidlaw Waste Systems, Inc. to provide citywide street sweeping. The agreement provided for three years of street sweeping with the contract price to be adjusted each year by the San Diego Area CPl. In addition, the agreement permitted two additional one-year extensions upon satisfactory negotiation of a contract price to provide citywide street sweeping services through August 31, 1992 for the second and final year extension. Approving the third amendment would extend the contract through October 31, 1992. RECOMMENDATION: That city Council adopt the resolution approving the third amendment to the citywide Street Sweeping Agreement which would extend that agreement through October 31, 1992. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The city entered into a three-year agreement with Laidlaw Waste Systems, Inc. for citywide street sweeping services on September 15, 1987. The agreement ran from September 1, 1987 through August 31, 1990. The agreement allowed for extension on a year to year basis not to exceed two years. The final year of the agreement expires August 31, 1992 of this year. As a result, on July 31, 1992, the City issued a request for proposal soliciting proposals from qualified firms to provide street sweeping services. Staff had waited until July 31, 1992, to put the contract out to bid because of the uncertainty surrounding the state budget which might result in a reduction or elimination of street sweeping. Proposals will be accepted until 2:00 pm on Friday, August 28, 1992. Staff is requesting extension of the existing contract wi th Laidlaw, Inc. for two months. The two month period will allow staff to evaluate proposals and give the selected street sweeping provider time to set-up routes and street sweeping schedules. Laidlaw, Inc. has agreed to extend the contract under the same terms and conditions through October 31, 1992. FISCAL IMPACT: The Contract cost for the two month period is an estimated $52,000. These funds are included in the FY 1992-93 operating budget. II - ) RESOLUTION NO. )bll:.b RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THIRD AMENDMENT TO THE CITYWIDE STREET SWEEPING AGREEMENT EXTENDING SAME THROUGH OCTOBER 31, 1992 WHEREAS, on September 15, 1987, the city Council approved a contract with Laidlaw Waste Systems, Inc. to provide citywide street sweeping; and WHEREAS, the agreement provided for three years of street sweeping with the contract price to be adjusted each year by the San Diego Area CPI; and WHEREAS, in addition, the agreement permitted two additional one-year extensions upon satisfactory negotiation of a contract price to provide citywide street sweeping services through August 31, 1992 for the second and final year extension; and WHEREAS, staff is requesting extension of the existing contract for two months while the City is soliciting request for proposals. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Third Amendment to the citywide Street Sweeping Agreement extending same through October 31, 1992, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said amendment for and on behalf of the City of Chula Vista. Presented by as to J John P. Lippitt, Director of Public Works F: \home\attomey\suweep3 II ~ 2- THIRD AMENDMENT TO AGREEMENT WITH LAIDLAW WASTE SYSTEMS, INC. FOR CITY-WIDE STREET SWEEPING This Agreement, dated this , 1992 for the purposes of reference only, and effective as of the date last executed by the parties ("Effective Date"), by and between the City of Chula Vista, California, a chartered municipal corporation of the State of California, and Laidlaw Waste Systems, Inc., a California corporation, hereinafter referred to as Contractor, is made with reference to the following facts: Whereas, city and Contractor entered into an agreement dated September 15, 1987, and entitled Agreement for the Purposes of Street Sweeping ("Original Agreement"); and, Whereas, the Original Agreement was modified to amend section 2, "Compensation" by a Second Amendment to Agreement dated August 6, 1992 ("Second Amendment"); and Whereas, the parties desire to extend the Original Agreement as modified by the Second Amendment. Now, therefore, the parties do agree as follows: 1. section 1, "Term of Agreement" of the Original Agreement is hereby modified to extend the term to October 31, 1992. 2. section 2, "Compensation" shall remain in full force and effect as modified by the Second Amendment. 3. All other terms and conditions of the Original Agreement, shall remain in full force and effect. (End of Page. Next Page is Signature Page.) /I~.3 tlu\r<::u-~<:: ,"u J ~. qC TEL: viiI ur vou"" Vl~'" Aug 21.92 rM IW, q<:o OIOq 8:07 No.OOl P.03 r. u~ - , Signature Paqa to Third A1Dendmant: 1:;0 Ag!:'ealllent . with . Laidlaw Waste System5, Inc. tor Ci1:y-wide street Sweeping In witne.. whereot, the partia. hereto bave executed this Awreement in dqplloata .~ Chule Vi.ta, calitornia, as of the date and.yaar adjacent: to their signature, thereby in~icate4 their lull and VOluntary oon.ant to tha te~ ot this Aqreement. oatelh CITY OF CHULA VISTA . By: T1I11 Nader, Mayor ~tta8tl , city Clerk by C ty Atto~ey APProved David C. Bya"'8, Deputy Director at Publio worke'Operations Dated: Laidlaw Waste SYstems, Inc. BYIO#~ Olw_ c. tS(. "'0 ."'.,--.J '~""'''.O(. F:'Lai~1.w2 II-;.} /1"'5 AGREEMENT THIS AGREEMENT, made and entered into thi s .u.t.h day of Spp'.mhp~ . 1987, by and between the City of Chu1a Vista, California, a 11unicipa1 Corporation, hereinafter designated as "CITY," and LAIDLAW WASTE SYSTEMS. INC. , a Ca1 ifornia Corporation, hereinafter referred to as "CONTRACTOR. " W ITNE SS ETH WHEREAS, the Contractor has submitted to the City a proposal to sweep the public streets within the limits of the City, and WHEREAS, it has been determined that it is in the best interests of the Ci ty to enter into the Agreement herei nafter contai ned, NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants herein contained, the parties hereto agree as follows: 1. TERM OF AGREEMENT This Agreement shall be for a period of three years commencing on September 1, 1987, and expi ri ng on August 31, 1990, except where terminated as provide in Paragraph 15 of this Agreement, The contract may be extended on a year-to-year basis for a period not to exceed two additional years by written mutual agreement. 2. COMPENSATION For all of the services which Contractor is obligated to perform under the terms of this Agreement, the City shall make payment by the contract unit price per curb mile actually cleaned on a monthly basis in accordance with Section 1-08 of the Request for Proposal and Contractor's bid. The Contractor shall provide sweeping for work not otherwise specified at the rate included in bid when requested by the Di rector of Publ i c Works/Ci ty Engi neer, Price bids are to be for the first contract year. Adjustments during the second and thi rd year are based upon the July to July CPI increase for the San Diego region as published in August of each year up to a maximum of 6% per year. Years four and five costs woul d become negotiable and the City's decision on renewal would depend on the outcome of those negotiations. Adj ustments for dump fees and new subdi vi si on streets sha 11 be made in accordance with the provisions of Section 1,08 of the Request for Proposal. 3, CONTRACT DOCUMENTS That the complete contract between the parties shall consist of and include the following documents, all of which are hereby incorporated herein by reference and made a part thereof as though fully set out herein. . -14- //~s A. This Agreement. B. The proposal, a copy of which is attached hereto. C. The sweeping schedule prepared by the Contractor and approved by the Director of Public Works/City Engineer. D. Specifications for street sweeping, a copy of which is attached hereto. E. Proof of Workmen's Compensation Insurance. F. Certlflcate(s) of Insurance. G. Bi d Bond H. Performance Bond. 4. DUTY OF CONTRACTOR During the term of this Agreement, Contractor shall sweep publ ic streets in the City in accordance with the approved schedule and the provisions contained within the proposal and specifications. 5. EQUIPMENT AND LABOR Contractor shall use and furnish at his own expense, all labor, equipment, and materi al s necessary for the sati sfactory performance of- the work set forth in thi s Agreement in accordance wi th the provision contained within the proposal and specifications. 6. SCHEDULE The sweeping schedule which the Contractor shall follow shall be a schedule approved by the Director of Publ ic Works/City Engineer in accordance with the provisions contained within the proposal and specifications. The Contractor shall deliver to the Department of Public Works each month a log of each street, median and intersection that was swept along with a mileage and hourly break down and the tachographs as required by the specifications and proposal under payment. 7. DISPOSAL OF SWEEPINGS Contractor shall dispose of all refuse collected by hauling the same to legally established disposal areas in accordance with the provisions contained within the proposal and specifications. -15- "-to 8. WATER The Contractor shall make all necessary arrangements to obtain and pay for water necessary for the operati on in accordance wi th the provisions contained within the proposal and specifications. 9. ADDITIONAL WORK In the event the City desi res to extend the sweeping program to include streets constructed after the effective date of this agreement. or other streets or alleys, or parking lots, any- additional special sweeping which is required of Contractor shall be ~~id for at the curb mile rate or hourly rate specified in Paragraph 10. SIGNS The Contractor shall place signs approved by the Director of Public Works/Ci ty Engi neer on the street sweepi ng equi pment used in the performance of the work, which signs shall be visible from both sides of the vehicles and shall read "Under Contract to the City of Chula Vi sta." 11. FAITHFUL PERFORMANCE BOND The standards of performance which the Contractor is obl igated to perform hereunder are the standards which are considered to be good street sweeping practices and shall be subject to the approval of the Director of Public Works/City Engineer. The Contractor shall mai nta in in full force and effec t duri ng the term of this agreement, a Bond for Faithful Performance from a corporate security sati sfactory to the City. Sai d corporate security shall be duly authorized to do business in the State of California. Said Performance Bond shall be in the amount of $50,000. 12. ASSIGNMENT The Contractor shall not assign, sublet, or lease any part or portion of this agreement without the prior written approval of the City Counc 11 . 13. HOLD HARMLESS All offi cers, agents, employees, subcontractors, thei r agents, and officers and employees who are hi red by the Contractor to perform pursuant to this Agreement, shall be deemed officers, agents and employees and subcontractors of the Contractor. Contractor agrees to indemnify, save and hold harmless the City and its officers, agents and employees from any and all lawsuits, damages, liability, claims -16- 1/-7 or costs (regardless of whether the costs are in excess of the insurance requirements as stated in Section 14 of this agreement) of any nature whatsoever arising out of or resulting from, either directly or indirectly the performance pursuant to this agreement, to the maximum extent allowed by law. 14. INSURANCE The Contractor shall, throughout the duration of this contract maintain comprehensive general liability, property damage and Worker's Compensation insurance in accordance with the provisions contained within the proposal and specifications. 15. TERMINATION A. Defaul t The City may, by written notice of default to the Contractor, terminate the whole or any part of this contract in the following circumstances: If the work to be done under the contract is abandoned by the Contractor or if the Contract is assigned without the written consent of the City; or if the Contractor is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor of any of hi's property; or if the work under thi s contract is bei ng unnecessari ly del ayed, or the Contractor is violating any of the material conditions of the Contract; or that the Contractor is executing the same in bad faith or otherwi se not in accordance with the terms of sa i d Contrac t; then, in the event any of the foregoi ng occurs, the Ci ty may serve wri tten noti ce upon the Contractor and hi s surety of the City's intention to terminate this contract. Unless within 10 days after the serving of such notice, a satisfactory arrangement is made for continuance, the Contractor shall be deemed in defaul t and the contract shall be automatically terminated and the City may take over and prosecute the work to completion, by contract or otherwise. If at fault, the Contractor and his surety shall be liable to the City for all damages as well as excess cost sustained by the Ci ty by reason of such prosecuti on and comp 1 et i on by the Ci ty. Time shall be of the essence as to any action performed by the Contractor to correct conditions as set forth in this provision. In the event of termination, the City retains the right to' purchase at fair market value the Contractor's equipment and/or vehicles. -17- 1/ ..r The City also retains the right to take over Contractor's equipment and/or vehicles on a rental basis in order to continue sweeping until alternate arrangements can be made. If the equipment is taken over by the City on a rental basis, the City shall pay the Contractor the rental rate included in the most recent edition of Labor Surcharge and Equipment Rental Rates published by the State of Califorma; Business, Transportat1on and Housing Agency; Department of Transportation; Division of Construction. It is agreed that in the event the Contractor shall be adjudged bankrupted, a receiver appointed or a general assignment of th. benefit of creditors is made, or it is proven insolvent or fails in business, the Contract shall not be asset of the Contractor. Such Perfonnance BondS shall guarantee the perfonnance of the Contractor under the tenns and conditions of the specifications contained herein and the Contract for Services between the parties. B. Any tenni nati on shall be effected by del i very to the Contractor of a Notice of Termination specifying the extent to which performance of work under the agreement is termi nated, and the' date upon which such termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by the. City, the Contractor shall: 1. Stop all work under the agreement on the date and to the extent specified in the Notice of Termination. 2. Pl ace no further orders or subcontracts for materi al s, servi ces or fac il i ti es, except as may be necessary for compl eti on of such porti on of the work under the agreement as is not terminated; 3. Terminate all orders and subcontracts to the extent that they rel ate to the performance of work termi nated by the Notice of Termination; 4. Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the City, which approval or ratification shall be final for all the purposes of thiS clause. -18- 1/ -9 C. After receipt of a Notice of Tennination, the Contractor shall submit to the City a tennination claim, in the fonn and with certification prescribed by the City. Such claim shall be submitted promptly but in no event later than SIXTY (60) days from the effective date of tennination, unless one or more extensions in writing are granted by the City upon written request of the Contractor. D. The total sum to be paid to the Contractor shall not exceed the total agreement price as reduced by the amount of pa~ments otherwi se made and as further reduced by the agreement pnce of work not completed. If either party brings any action or proceeding to enforce, protect or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs as awarded by the court. E. In the event of any dispute arising concerning tennination, both parties agree to submit the dispute to arbitration. Each party shall select its own arbitration representative, and if they are unable to agree, they shall select a third arbitrator, and the decision of the third arbitrator shall be conclusive and binding. The selection of arbitrators shall be made with ten (10) days of written notice by either party to the other of a dispute arising under this section, and the arbitration process shall take no longer than twenty (20) days. 16. N~JICES All notices or communication to either party to this Agreement by the other party shall be deemed given when made in writing and delivered or mailed to such party at its respective address, as follows: CITY: City of Chula Vista Department of Public Works Operations Division 707 "F" Street Chula Vista, CA 92010 CONTRACTOR: 17. LITIGATION In the event that litigation is commenced to interpret or enforce the tenns of this Agreement, the prevailing parties shall be entitled to an award of Attorney's fees and costs. -19- 1/ -It) IN WITNESS WHEREOF. the parti es hereto have executed an Agreement in duplicate at Chula Vista. California, the day and year first above written. CITY OF CHULA VISTA A Munic pal Corporation Gregory p~, Contractor $~~ WPC 0029S " . , -20- /I~II COUNCIL AGENDA STATEMENT Item ITEM TITLE: Keeting Date Auaust 20. 1991 Resolution Approving second amendment to the Citywide street Sweeping Agreement extending same for one additional year. Director of Public Works~ City Manager (4/5ths Vote: Yes___No-x-l SUBKITTED BY: REVJ:EWED BY: On September 15, 1987, the City council approved a contract with Laidlaw Waste Systems, Inc. to provide citywide street sweeping. The agreement provided for three years of street sweeping with the contract price to be adjusted each year by the San Diego Area CPl. In addition, the agreement permitted two additional one-year extensions upon satisfactory negotiation of a contract price. On September 11, 1990, Council approved the first amendment to the agreement which extended the contract through August 31, 1991- Staff and Laidlaw have negotiated a price to provide citywide street sweeping services through August 31, 1992 for the second and final year extension as included in the contract. RECOMMENDATION: That City Council adopt the resolution approving the second amendment to the Citywide Street Sweeping Agreement which would extend that agreement through August 31, 1992. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The city entered into a three-year agreement with Laidlaw Waste Systems, Inc. for citywide street sweeping services on september 15, 1987. The agreement ran from September 1, 1987 through August 31, 1990. The agreement allowed for changes in the compensation for contract years two and three based on the July to July CPI increase for the San Diego region. In addition; the contract allowed for adjustments in landfill fees and the addition of new subdivision streets. Further, Section I of the agreement permitted the contract to be extended on a year-to-year basis for a period not to exceed two additional years by written mutual agreement. This section of the contract permits us to negotiate with Laidlaw in lieu of going to bid. The City Council on september 11, 1990 approved the fourth year of the agreement which runs through August 31, 1991 at $13.85 per mile with the rate for parking lots remaining the same ($.90/100 sq. feet). The amendment to the contract further provided that Laidlaw submit their price for the fifth year by June 1, 1991. This would permit us to examine the price and go to bid if necessary. Laidlaw has submitted a price of $14.02 per curb mile and $.91 per 100 sq. 1/ .../!- paqe 2, Xtem Keetinq Date Auaust 20.1991 ft. for parking lots. Basically, this is a 1.2% increase which represents the 27.7% County landfill increase. Xn other words, Laidlaw is not increasing by CPX as they could have done in the first three years and is not making any allowances for the increase in fuel costs that the City, Laidlaw, and private industry has experienced since July 1990. Last year before submitting the first amendment for the contract to City Council, staff contacted other cities in the area that contract for street sweeping and contacted the two other providers in the region that provide street sweeping services to obtain estimates on what their bid might be if the city went to bid. At that time, staff determined that the $13.85 per curb mile rate that Laidlaw charged for the period September 1, 1990 through August 31, 1991 was a very fair rate to the city. The 1.2% increase is considered reasonable in light of the following: . The landfill costs will increase this fiscal year by 27.7%. This was reflected in the city's budget for Public Works . Operations. . Fuel prices (diesel) for the city during this past fiscal year have ranged from a high of 110% over this time last year to 21% with the latest fuel drop in July. . The brushes that the sweepers use are made of plastic which are petroleum based. The cost on these brushes have increased sharply due to increase in petroleum products. When the original contract was bid in 1987, the city also responded as a bidder. The city's bid was $15.36 per curb mile as compared to Laidlaw's 1987 cost of $10.20 per curb mile. Xt would undoubtedly be higher at this time. The $14.02 per curb mile being charged by Laidlaw is lower than the informal estimates provided last year at this time to city staff by the two service providers in this area. When staff prepared the budget for FY 1991-92 a 6% increase was estimated. Since the 1.2% is lower than that, no additional funds will be required. Additionally, in prior years a 5% estimated increase in curb miles due to new streets added to the city had been used. This year a 2.2% increase which reflects historical increases over the last five years was used. As this is the final year that the contract can be amended, next year staff will issue a request for bid for this item and will examine what the cost might be for the city to provide this service. . MODIFIED STREET SWEEPING SCHEDULE DURING WINTER MONTHS During this past year Laidlaw had agreed to increase sweeping in residential areas from once every two weeks to once every week 11-/.3 Paqe 3, J:t_ Meeting Date Auaust 20. 1991 durinq a one-month period prior to the rainy season. The residential street sweepinq schedule was then reduced durinq a dry period of the year. This was done in an effort to remove pollutants prior to the major rainy season so that they would not wash into the storm drains and, hence, into San Dieqo Bay. In addition, staff has made contact with the Reqional Water Quality Control Board in an effort to try to determine if there have been any scientific studies on the effectiveness of street sweepinq and which pollutants are removed by street sweepinq. It is expected that this will be one of the areas studied durinq the NPDES (National Pollutant Discharqe Elimination System) permit processinq study that is also underway. FISCAL DlPACT: Contract cost is $328,500. These funds are included in the fiscal year 1991-92 operatinq budqet. DB:mp (CASTSW) . /I"/~ TEL: 07/25/'Jl 14'1' a; Ibl':f ..,1 r.,.. Jul 26.91 11:02 No.002 P.02 "'"ULM ".&~l" ,..,'" I',c;o. THE CITY OF CHUU J.1STA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matlcl" which will require discretionary action on thc part of thc City CouncJl, Planning Commission, and all other official bodies. The following Information must be disclosed: 1. Ust the namos of all persons having' a firiitnclal Interest In the contract, I.e., contractor, subcontractor, material supplier. Laidlaw Waite SYlteml San D1820 SweeDfn2 2. If any person identified pursuant to (1) above Is a corporation or partnership, list the names of all individuals owning more than 10% of the shares In the corporation or owning any partnerlihlp Interest In tho pannership. San Diego Sweeping Steve Reid 3. If lIny person identified pursuant to (1) above 'js non-profit organization or It trust,list the names of any person serving as director of the non.profit orgenlUltion or as trustee or beneficiary or trllstor of lhe trust. 4. Have you hod more than 5250 worth of business transllcted with any member of the City staff, BOllrds, Commissions, Committees and Council wilhin the past twelve months? Yes_ No....x. If yes, plellse indicate person(s): 5. Have you and/or )'Ollr officers or lIgenta, in the aagrcgate, contributecf more than $1,000 to n Councilmember In the current or preceding eJection perIod? Yes _ No -! If yes, stale which Councllmcmber(s): ~ Is deCi ncd as: . An)' indMdunl, Jlmr, eo.ptlnnmhlp. Joint ""nlllrt. nuocln/lon, ,qclnl "I/b. fmt~mnl tNfnnilntlon. corpornllem, es/nre. tfllll, rtetlvc1. t)Yrdlen/t. ,hl, nnd nn)' Otht1 eOl/nT}1 ell)' nnd ,olln",\ e/l)\ nmnlcipnlity. dlllrict or OI,lIt' poIl/le{l1 IlIbdMllon, or nl/Y Dille' grollp or eo",blnntion nctlng {II If unit.. , (NOTE: AUeth .ddlllonRI pRjlCS 01 nceo.sa!)') II - IS- ...nr4/tP~ Sij,\nature of contractor/appliclIl1l LAIDLAW WASTE SYSTEMS/DONALD BLIND Print or Iype lIame of contrllctor/nppJlcRnl DRte: July 26, 1991 SECOND AMENDMENT TO AGREEMENT WITH LAIDLAW WASTE SYSTEMS, INC. FOR CITY-WIDE STREET SWEEPING This Agreement, dated this , 1991 for the purposes of reference only, and effective as of the date last executed by the parties ("Effective Date"), by and between the City of Chula Vista, California, a chartered municipal corporation of the State of California, and Laidlaw Waste Systems, Inc., a California corporation, hereinafter referred to as Contractor, is made with reference to the following facts: Whereas, City and Contractor entered into an agreement dated September 15, 1987, and entitled Agreement for the purposes of Street Sweeping ("Original Agreement"); and, Whereas, pursuant to Section 1 of the Original Agreement, the term may be extended on a year-to-year basis for a period not to exceed two additional years by written mutual agreement without rebidding for the service; and Whereas, the parties hereto desire to modify the terms of Original Agreement in the following respects only, and in no other regard. Now, therefore, the parties hereto do hereby agree as follows: 1. Section 1, "Term of Agreement" of the Original Agreement is hereby modified to extend the term to August 31, 1992. 2. Section 2, "Compensation" of the Original Agreement is hereby modified as set forth in Exhibit A attached hereto and incorporated herein by reference. 3. All other terms and conditions of the Original Agreement shall remain in full force and effect. (End of Page. Next Page is Signature Page.) {/ ~//'" Siqnature Paqe to Second Amendment to Agreement with Laidlaw Waste systems, Inc. for City-wide Street Sweepinq In witness whereof, the parties. hereto have executed this Aqreement in duplicate at Chula Vista, California, aa of the date and year adjacent to their aiqnature, thereby indicated their full and voluntary consent to the terms of this Agreement. Dated: CITY OF CHULA VISTA By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form by Bruce M. Booqaard, City Attorney Approved as to content: David C. Byers, Deputy Director of Public Works/Operations Dated: Laidlaw Waste Systems, Inc. By: Ag\Laidlaw2 11-/7 - ""- \ ...... "0 EXHIBIT A PREPARED: 29-Jul-IH LAIDLAW STREET SWEEPING CONTRACT BUDGET FOR 1991-92 USING NEW CONTRACT COSTS CURB CURB PASSES FREQ COST! CONTRACT FOOTAGE MILES !YEAR MILE COST ** SWEEP CLASS Al 1,141,744 216.24 2.00 26.00 $14.02 $157,604 ** SWEEP CLASS A2 33,624 6.37 1.00 26.00 $14.02 $2,321 ** SWEEP CLASS A3 44,488 8.43 2.00 26.00 $14.02 $6,141 ** SWEEP CLASS 81 133,134 25.21 2.00 52.00 $14.02 $36,755 ** SWEEP CLASS 83 17,599 3.33 2.00 52.00 $14.02 $4,859 ** SWEEP CLASS CI 21,758 4.12 2.00 104.00 $14.02 $12,014 ** SWEEP CLASS D1 96,696 18.31 2.00 156.00 $14.02 $80,086 ** SWEEP CLASS EI 74,074 14.03 1.00 12.00 $14.p2 $2,360 ** SWEEP CLASS FI 117,642 22.28 1.00 12.00 $14.02 $3,747 ** SWEEP CLASS HI 70,433 13.34 2.00 12.00 $14.02 $4,487 ** SWEEP CLASS H2 33,624 6.37 1.00 12.00 $14.02 $1,071 *** Subtotal *** 1,784,815 338.03 SQUARE SQ FEET PASSES FREQ COST! CONTRACT FOOTAGE IN lOOths !YEAR UNIT COST PARKS PARKING LOTS 237,232 2,372 1 52 0.091 $11,236 CIVIC CNTR PARKING 138,240 1,382 1 12 0.091 $1,511 ornER LOTS 386,087 3,861 1 12 ....= *** Subtotal *** 761,559 *** Total *** I ~ FOLLOWING ASSUMPTIONS WERE USED. 1. STREET NILEAGE WILL INCREASIl 2.2' r 2. CONTRACT INCREASE WILL BIl 1.2' COUNCIL AGENDA STATEMENT Item~ Meeting Date 8/25/92 ITEM TITLE: Public Hearing: Amendment to the Municipal Code, PCA-92-03 - Consideration of an amendment to the Municipal Code to require a conditional use permit for sales of alcoholic beverages in the CoN zone - City Initiated SUBMITTED BY: Ordinance ~ C; A~ Adopting PCA-92-03 Director of Planning /' ~.( City Manager ~'1\o R" (4/5ths Vote: Yes_NoJO Council Referral No, 2626 REVIEWED BY: On April 21, 1992, in consideration of a report on alcohol sales facilities in CoN Neighborhood Commercial zones, the City Council directed staff to return with a proposed ordinance outlining an application procedure for alcohol sales in the CoN zone which would require approval by the City and input by the Police Department, with approval being subsequently placed on the consent calendar for the Council's next regularly scheduled meeting. In response to this direction, a draft Code amendment was prepared, This item was continued from the City Council meeting of August 25, 1992, at the request of the City Attorney in order to refine the proposed amendment language to clarify what factors would be considered in determining whether or not an "overconcentrated" condition exists. Although the language has been modified somewhat, its substance has not changed, and thus we do not believe it is necessary to return the amendment to the Planning Commission for reconsideration, The Environmental Review Coordinator has determined that the proposed amendment is exempt from environmental review as a minor alteration in land use, in accordance with Section 15305 Class 5 of the CEQA guidelines, or Class 5F of the City of Chula Vista Environmental Review Procedures, RECOMMENDATION: That Council adopt PCA-92-03. BOARDS/COMMISSIONS RECOMMENDATION: On July 22, 1992, the Planning Commission voted 4-2 to recommend that Council adopt the ordinance, 12.~ / Page 2, Item I:J.. Meeting Date 8/25/92 DISCUSSION: Concern about alcohol sales in the C-N zone was raised by Council in conjunction with a zoning text amendment and conditional use permit application by Texaco to redevelop an existing service station at 1498 Melrose Avenue by adding a car wash and mini-market with sales of beer and wine. Several surrounding business owners and residents expressed opposition to Texaco's proposal based in part on what they perceived as an over-concentration of alcoholic sales facilities and the resulting impact on crime in the area. The City Council called the Texaco application forward on appeal and, at the applicant's request, delayed the matter until after the resolution of the alcohol issue. The earlier staff report on the alcohol sales issue favored continued reliance on the review procedures of the State Department of Alcoholic Beverage Control (please see attached for a copy ofthe April 21, 1992, report to Council). A local process, however, would provide an additional degree of oversight and control which is consistent with the purpose and intent of the C-N zone to provide for convenience goods and services within residential neighborhoods in a manner which is compatible and complementary to the surrounding residents. The proposed ordinance provides for a Zoning Administrator conditional use permit with a public hearing which provides notification of residents located within 300' of the project for all new alcohol sales facilities in the C-N zone. In addition to the normal findings required for a CUP, and in consultation with the Police Department, the Zoning Administrator would also be required to find that the facility would not result in an overconcentration of such facilities in the neighborhood. The City Council would be informed of the Zoning Administrator's decision, and the Council or other interested party, could appeal the matter directly to the City Council for public hearing. FISCAL IMPACT: Undetermined. There is no compensation proposed for the staff time and public hearing costs associated with Council initiated appeals. WPC F,\HOME\PLANNING\0422p /,<. -2.. II'). -11 ',' ATTACHMENT COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTm BY: Itell Meeting Date 4/21/92 PCH-g2-14: Alcohol Sales Facilities in CoN Zones Director of Pllnning Chief of Police REYIEVm BY: City Manager (4/5ths Yote: Yes___"o-1-) Council Referrll No. Zi!1 On February II, 1992, Council directed the Pllnning Department, with Issistance from the Pol ice Department Ind input from the State Department of Alcoholic Beverage Control (ABC), to prepare 3 report Ind recommendation on the number of Ilcohol sales facilities that should be Illowed within CoN (Neighborhood Commercial) zones. Some concern has 11 so been expressed with concurrent sales of gasoline Ind Ilcohol, particularly within the CoN zone. This report addresses both issues. REC~ENDATION: That Council not adopt Iny local standards with respect to the concentration or concurrent sales of alcohol, but rather continue to rely on the State Department of Alcohol ic Beverage Control process Ind procedures to regulate the establishment of alcohol sales facilities in the CoN zone. BOARDS/COMMISSIONS RECOMMENDATION: The Council directed that the report be returned for its consideration prior to consideration by the Planning Commission. DISCUSSION: These issues came to the Council's attention because of neighbor~ood opposition to a pending conditional use permit application by Texaco to redevelop an existing service station by adding a car wash and mini-market (with Ilcohol sales) at the northwest corner of Orange Ind Melrose Avenue. The oppos it i on centers around traffi c issues Ind concern wi th I perceived over-concentration of Ilcohol sales facilities in what is thought to be a high crime Irea. Counc il has called the Texaco Ipplicat i on forward on Ippeal Ind will hear the matter following resolution of the issues discussed in this report. The CoN zone presently permits liquor stores (off-slle) IS I matter of right, but prohibits on-sale facilities such IS bars Ind cocktlil lounges. A restlurant with on-slle liquor requires I conditional use permit. The slle of gasoline is not permitted as I matter of right in any zone, but requires I conditional use permit in 111 commercial or industrial zones, including the CoN zone. A Clr wash is Illowed by conditional use permit in the CoN zone IS I result of I recently Ipproved ordinance. Texaco was required to file for a conditional use permit because of its proposal to redevelop the property (modification of In existing conditional , use), and add a car wash. As noted above, a mi ni-market with or without liquor sales 15 presently permitted as I matter of r.ight Ind would not have independently required a CUP. 12 -,3 4 . 'age 2, Item Meeting Date ~/21/92 State law makes the issuance of a license for premises to engage in the sale of alcoholic beverages the function of ABC, not cities. The State's control of the field, however, is not exclusive of all City interests. A City may prohibit alcohol sales in a particular zone, or may require a conditional use permit, and the ABC is obligated to honor these local zoning provisions. In addition to a complete ban within a zone, a valid zoning ordinance could allow off-sale facilities subject to legitimate "police power" requirements, such as reasonable anti-concentration provisions similar to those applicable to "adult uses" (distance requirements from residential, school, park, church, playground, or other such uses). A representative of ABC met with staff to describe its licensing process. The ABC evaluates a license application based upon the 1II0ral character of the applicant, general locational factors such IS zoning, and Rule 61.3 which involves the issue of "over-concentration" in "high crime areas." The applicant may not be a felon or a habitual drunk. Police officers and liquor wholesalers are also prohibited from holding a license. Additionally, the source of funds for the proposed facility is investigated to ensure that the actual owner is not one of the above. The app11cant is instructed to contact the City Planning Department, obtain information as to the specific zoning at the premises, as well as City requirements for alcohol sales in that zone, and report the information back to the ABC. I f the City requi res a condi t i Dna 1 use permi t for the sale of alcoholic beverages, the ABC immediately suspends investigation of the license application until provided proof that the CUP has been granted. If the City does not permit alcohol sales in that zone, ABC would strictly adhere to the City's requirements and deny the application. ABC also has its own locational criteria. These provide that off-sale premises shall not be located closer than 200 ft. to a residence, church, school or playground. If the applicant can cite reasons of public convenience and necessity and no adverse impact on the neighborhood, the requirement may be modified. ABC exercises its discretion .so that a license to sell alcohol will not be granted within 100 ft. of a sensitive land use if .a resident/property owner objects. Note: notices of the license app11cation are mailed by the applicant (and confirmed by affidavit to ABC) to all properties within 500 ft. of the site, and these property owners are gjven 30 days within which to protest the issuance of the license. A spechl circumstance exists when an app11cation falls within a "Rule 61.3" area. These areas exhibit what ABC defines as an over-concentration of alcohol sales facilities combined with a high crime rate. The area of measurement is the census tract. An over-concentration of licenses (this is figured separately for on-sale and off-sale facilities) occurs when the ratio of licenses to population for the census tract exceeds the ratio for the County IS a whol e. A hi gh crime rate census tract is one whi ch exhi bl ts a crime rate 20% or greater than the average crime rate for the City as a whole. /2 - L/ . Page 3. Item Meeting Dlte _/21/92 A copy of all appl1cat ions is forwarded to the Police Department and City Council (vii the City Clerk) for review and comment. If a license applicltion is within a Rule 61.3 Irel (the over-concentrltion and high crime rite statistics are predetermined and on file at ABC for use in screening applications), the ABC will alert local authorities. This is done by notation on the application, as well as by a follow-up telephone call to the Police Department to ensure that these particular applications are not overlooked and thus rlceive the appropriate scrutiny. A Rrotest by local authorities will result in an investigation by ABC. This 'includes a meeting with the Police Department to determine if the issue(s) can be resolved by way of ABC-imposed conditions on the license. Examples of such conditions could be a limitation on hours or a restriction on the size of alcohol containers (see attached memo and example protest letter from the Police Department). If the issue(s) cannot be resolved to the satisfaction of local authorities, ABC w111 deny the application for the license, 'and the applicant is entitled to an administrative hearing. Based on the evidence, the hearing officer could recommend that ABC either issue or deny the permit. According to the Police Department, however, a license would likely not be issued over its protest. The site at Orange and Melrose Avenues h within a census tract where the optimum number of licenses is eight and the number of licenses already issued h eight. Therefore, the issuance of a license to Texaco would exceed the optimum number and result in an "over-concentrated" condition. However, the arel is not a high crime area, and consequently does not fall under Rule 61.3 (which involves over-concentration ln2 a high crime rate). Although the City could still Object and force I hearing as noted earlier, the Police Department reports that it does not foresee a problem with the issuance of a license to the Texaco mini-market, and it does not recommend that the City protest license issuance in this case. In conclusion, the City would appear to have three options with respect to alcohol sales in the CoN zone: (1) totally prohibit alcohol sales in the zone, which would raise the issue of creating a significant number of nonconforming alcohol sales facilities which presently exist in CoN zones; (2) require a conditional use permit and analyze each application on I case-by-case bash, or (3) continue to rely on the existing ABC process and procedures. The staff recommendation 15 to continue to rely on the 'ABC process. There does not appear to be a problem with alcohol sales in the CoN lone. Alcohol 1s a convenience item which is normally available in all convenience markets, and convenience markets are the mainstay of the CoN zone. Also, the ABC process involves notice and opportunity for input/objection from the surrounding neighbors as well as from the City Council and Police Department. An analysis of concentration of fac11ities and crime rate h also part of the ABC process to assist the Police Department in identifying potential problem locations. /2-5 . . . Page 4, Ite. Meeting Date 4/21/92 Con~urrlnt slles of alcohol and Gasoline The issue of concurrent sales of alcohol and gasoline has been raised by ~any localities since the advent of the mini-market in the mid 1970's. Although it is probably fair to say that the vast majority of alcohol purChases are made in conjunction with an automobile trip u whether that be to the grocery store, liquor store, or mini-market -- to some observers there appears to be something inherentlyunsett1ing about purchasing liquor and gas at the same tiM.. . - The City Attorney reports that attempts by municipalities to control or prohibit the concurrent sale of liquor and gasol1ne resulted, in 1987, in a new State law (Business and Professions Code Section 23790.5) which makes it clear that a local ordinance totally prohibiting the concurrent sale of beer and wine for off-premise consumption and motor vehicle fuel, where those uses are otherwise lawful in the same lone, is prohibited by State law. The City Attorney further reports that the law would not prohibit a city from requiring a conditional use permit for concurrent sales if the standard by which the conditional use permit is granted. denied or conditioned constitutes an appropriate health, safety. or general welfare standard. and the ordinance contains specified due process provisions. Thus. if the denial or conditional approval of a cond it i ona 1 use permit 15 based on some art I culated health, safety or general welfare standard other than a blanket prohibition against concurrent sale, the ordinance could survive legal challenge. Although the City could therefore adopt a conditional use permit process to address the issue of concurrent sales on a case. by-case bas 15, according to both the Pollee Department and ABC, there is no dlscernable connection between the concurrent sale of alcohol and gasoline and the incidence of driving under the influence. traffic accidents. or any other health or safety issue. As noted above, the purchase of alcohol is generally associated with an automobile trip. and the purchase of gasoline is only incidental to the process . In conclusion, the staff recommendation is not to pursue a conditional use permit process for concurrent sales. Any potential problem with respect to alcohol sales. whether it be in an independent or concurrent sales context, appears to be adequately addressed through the existing ABC process. FISCAl IMPACT: None. "PC 0231p /2-0 ~~~...jo~,.p~~ -;:),~ " .- EXCERPT FROM CITY COUNCIL MINUTES OF APRIL 21, 1992 ( 28. REPORT PCM-92-14: ALCOHOL SALES FACllJ1lES IN NEIGHBORHOOD COMMERCIAL (C-N) ZONES - On 2111192, Council directed the Planning Department, with assistance from the Police Department and input from the State Department of Alcoholic Beverage Control (ABC), to prepare a repon and recommendation on the number of alcohol sales facilities that should be allowed within a C-N zone. Some concern has also been expressed with concurrent sales of gasoline and alcohol, particularly within a CoN zone. The report addresses both issues. Staff recommends Council not adopt any local standards with respect to the concentration or concurrent sales of alcohol, but continue to rely on the State Department of Alcoholic Beverage Control process to regulate the establishment of alcohol sales facilities in the CoN zone. (Director of Planning) Mayor Nader returned at 7:16 p.m. MOTION: (Nader) to fonvard the item to the Planning Commission for review and recommendation. Motion died for lack of second. Councilman Malcolm stated he had some problems with too many alcoholic beverage sale locations. He thought a more proper procedure might be for Council to receive a copy of a new application in their Council packet so they would have a chance to review it to determine whether or not any action should be taken. He would rather see an ordinance that would allow Council to deny gas stations or additional fast service stores from locating where there were already too many, if Council deemed it appropriate. Mayor Nader stated that at the minimum, he would want input from the Police Department. Councilman Malcolm responded that the Police Department and Administration were already involved. Councilman Rindone said he had a concern with the proposal because that was getting the policy making function of the Council into the administration of the City. He thought what they should do was set policy but not place themselves where they were administratively reviewing cenain segments of the City when it reached a certain threshold. He said it needed to be established by policy and reponed to Council by staff. Councilman Malcolm pointed out that he was just referring to the C.N zone. CoUncilwoman Grasser Honon felt that the staff repon pretty much addressed Council's concerns. , Councilman Malcolm responded that he did not want to wait until the surrounding neighborhood had a problem, but to look into the future and be proactive versus reactive. MSUC (Nader/Ma1colm) to refer to staff to develop an ordinance to bring before CouncD for heariag and consideration which would provide that when there is an application to sell alcohol in C-N zone, It would be subject to approval of the City and specifically of the Police Department and that such approvals would be placecl on the Consent Calendar of the following City Council meeting. . 12 - ( UNOFFICIAL MINUTES EXCERPT FROM PLANNING COMMISSION MINUTFS OF 7/22/92 ITEM 3: PUBLIC HEARING: PCA-92-03 - CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO REQUIRE A CONDmONAL USE PERMIT FOR SALES OF ALCOHOLIC BEVERAGES IN THE C-N ZONE - City Initiated Senior Planner Griffin .stated that in response to the City Council's request, staff was proposing an ordinance which would require a Zoning Administrator conditional use permit with public hearings for all such facilities. In addition to the normal findings required for a conditional use permit, the ordinance would also require the Zoning Administrator to find that any additional facility would not result in an over concentration of alcohol sales in a particular area. The ordinance would allow the Zoning Administrator's decision to be appealed directly to the City Council. Staff recommended that the Planning Commission endorse the ordinance as shown in Exhibit A to the staff report. Commissioner Decker asked if a decision of the Zoning Administrator could be appealed to the Planning Commission if desired by the applicant. Senior Planner answered that the intent was to have the appeal process go directly from the Zoning Administrator to the City Council. It would not be an option of the applicant to appeal to the Planning Commission. Commissioner Decker asked that the wording on page 3-7 of the ordinance be changed from "may" to "shall". Assistant City Attorney Rudolf explained that the applicant was not being required to appeal; it was the intent of the ordinance for the decision of the Zoning Administrator to be final unless appealed to the Council. Commissioner Decker concluded then that the applicant could appeal to the Planning Commission if desired. Assistant Attorney Rudolf stated that the intent was to not allow an appeal directly to the Planning Commission and give a double review. Senior Planner Griffin concurred that the language caused it to appear optional, and it could be clarified. Mr. Griffin said that if the Commission wished, the language could be clarified. Commissioner Martin, referencing page 3-6, was concerned with the paragraph stating "there was no discernable connection between the concurrent sale of alcohol and gasoline and the incidents of driving under the injluence...." At a Planning Commissioners' meeting in Monterey, they had been told the opposite. Commissioner Martin was interested in how the Police Department had been asked about this. Mr. Griffm answered that the Police Department and ABC's point was that there was no connection between the fact that alcohol was available at a mini-market which also sold gasoline and the incidents of driving under the influence. Commissioner Martin was concerned with that logic. In answer to Mr. Martin's query, Mr. Griffm said the question and issue was discussed very directly with the Police Department, and they said there was no connection. Chair Casillas said he, too, was concerned with that language and had met with the Chief of Police and two Lieutenants. After a discussion with them, he was satisfied that the Police 12-$/ Department would review applications for licenses thoroughly, the statistics in the area, and the concentration of licenses in a particular area. He supported the proposal. Commissioner Tuchscher felt the ABC was doing a good job, and this was redundant. He saw a real bottleneck in the system in that before the ABC would investigate whether a license would be allowed, the applicant would have to have a CUP in hand. That would mean a considerable amount of time and money spent in going through the process of getting a CUP before even applying to the ABC. He felt a tremendous amount of time would be added to the process, and another layer of bureaucracy. He did not support the ordinance. Chair Casillas explained that the process the Police Department would go through was essentially the process the ABC would go through. If the Police Department of the City felt it may not be appropriate for the ABC to grant the license, they would register their comment. Chair Casillas felt that in all likelihood the ABC would not grant the license. Commissioner Fuller asked if that was not part of the ABC process--they work with the Police Department in this. She reiterated the options listed in the staff report, one of which was to continue to rely on the ABC process. Commissioner Tuchscher, reading from the staff report, said the ABC process involved notice and opportunity for input/objection from the surrounding neighbors as well as the City Council and Police Department. He hoped they would do that, and felt very comfortable that the ABC would listen to the City and, if there was an objection, to not grant the license. Senior Planner Griffin clarified that the report referred to was background information which had previously been sent to Council. It was Council's direction to prepare an ordinance, and staffs recommendation at this time was to adopt an ordinance as shown in Exhibit A. Mr. Griffin believed Council's feeling was that the Zoning Administrator process with the public hearing would allow a locally based hearing for the surrounding residents which would be more personal, more customized. Chair Casillas felt the ABC could use any assistance the community could give them, since they were cutting back in personnel. Commissioner Tuchscher said he understood it was taking the ABC as much as six months to issue a license and the applicant is in a holding pattern. If we required a CUP process prior to that, Mr. Tuchscher felt there would be another three or four months added. Senior Planner Griffm said the Zoning Administrator process would probably be finalized within one month. If it was appealed on, it could add an additional three weeks to a month. If the Zoning Administrator's decision was not appealed, it would be about a one- month process. Commissioner Tuchscher did not feel the ordinance was necessary; he felt input was important; that if the Council was not currently noticed with regard to ABC applicant, they should be; that the Police Department should take the notices seriously. He did not feel the system needed more layers. Commissioner Martin believed it was not smart to sell alcohol and gasoline at the same time. He did not have a problem with the layers of bureaucracy. /2- <1 In response to Commissioner Decker's previous question, beginning with "The decision of the Zoning Administrator may be appealed," Assistant City Attorney Rudolfsuggested the following (as underlined): "The decision of the Zoning Administrator may be appealed~ Such appeal mm1 I2f. directly to the City Council rather than to the Planning Commission, and must be filed within 10 days after the decision is filed with the City Clerk." Mr. Rudolf felt that would clarify the ambiguity Mr. Decker found. This being the time and the place as advertised, the public hearing was opened. Norm Ross, 380 Parkway, Chula Vista 91910 said he had been through the process of applying for a beer and wine license. He concurred with Commissioner Tuchscher that it took six to nine months to get a license of any type, and that the ABC does a thorough job. Mr. Ross said that if he understood the proposed ordinance correctly, everyone would need a conditional use permit to sell liquor in a C- N zone, including restaurants, etc. that did not sell gasoline. He felt that would be unfair. He suggested the Commission simply state that liquor and gasoline could not be sold at the same time. No one else wishing to speak, the public hearing was closed. MSC (Decker/Fuller) 4-2 (Commi<sioners Carson and Tuchscher voted against) to recommend that the City Council accept the amendment to the Municipal Code as published in Exhibit A, and as amended by the City Attorney. 12.;1 RESOLUTION NO. PCA-92-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN AMENDMENT TO SECTIONS 19.14.030, 19.34.020 AND 19.34.030 OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, on April 21, 1992, after consideration of a report on alcohol sales facilities in C-N Neighborhood Commercial zones (ref: PCM-92-14), the City Council directed staff to return with an ordinance establishing an application procedure for alcohol sales in the C-N zone, and WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., July 22, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Environmental Review Coordinator has determined that the amendments are exempt from environmental review as a minor alteration in land use, in accordance with Section 15305 Class S of the CEQA Guidelines, or Class SF of the City of Chula Vista Environmental Procedures. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends the adopt ion of amendments to Title 19 of the Municipal Code as listed in Exhibit A attached hereto and made a part hereof. That a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of July 1992, by the following vote, to-wit: AYES: Commissioners Fuller, Casillas, Decker and Martin NOES: Commissioners Carson and Tuchscher ABSENT: None ATTEST: ~ ~~~~ N cy Ri ley, Setret y WPC 0427p ! 2-11 Exhibit A Chapter 19.34 C-N NEIGHBORHOOD COMMERCIAL ZONE 19.34.020 Permitted uses I. l..iEf':ler Et.ere (paeltagc, eft sale aBly) , 19.34.030 Conditional uses. HL Establishments contained in the list of Dermitted uses above. but which include the sale of alcoholic beveraaes for off-site use or consumDtion. in accordance with the Drocedures in Section 19.14.030: ~ Liauor store (Dackaqe. off sale onlv). in accordance with the Drocedures in section 19.14.030. Chapter 19.14 ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES 19.14.030 Zoning administrator-Actions authorized without public hearing. A. Conditional use permit: The zoning administrator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances: ~ Establishments that include the sale of alcoholic beveraqes for off-site use or consumotion. located in the C-N zone. The zonina administrator shall hold a oublic hearina in accordance with sections 19.14.060-19.14.090 uoon aivinq notice thereof in accordance with sections 19.12.070-19.12.080. A conditional use Dermit shall not be aranted unless the Zonina Administrator finds. based on substantial evidence in view of the whole record. that all of the facts reauired by section 19.14.080 exist. and t;hat aooroval of the Dermit will not result in an overconcentration of such facilities in the neiahborhood. The Police Deoar1;ment shall testify at the hearina reaardina the oyerconcentration issue. The city Council shall be informed of the decision on each such Dermit by the city Clerk when the decision is filed in accordance with section 19.14.090. The decision of the Zonina Administrator may be aooealed. Such aDDeal shall be directlv to the city Council. rather than the Plannina Commission. and must be filed within ten days after the decision is filed with the City Clerk. as Drovided in Section 19.14.100. If aooealed within the time limit. /1-12.. .- said appeal shall be considered in a public hearina conducted bv the city Council. in the same manner as other appeals pursuant to Sections 19.14.120 and 19.14.130. except that the Council must make the same written findinas reauired of the Zonina Administrator herein. in order to arant the permit. /,2~ 1-3 ORDINANCE NO. ,2SJ..P AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.14.030, 19.34.020 AND 19.34.030 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO THE SALE OF ALCOHOLIC BEVERAGES ON THE C-N ZONE WHEREAS, on April 21, 1992, after consideration of a report on alcohol sales facilities in C-N Neighborhood Commercial zones (ref. PCM-92-14), the City Council directed staff to return with an ordinance establishing an application procedure for alcohol sales in the C-N wne; and WHEREAS, the amendments provide for a Zoning Administrator conditional use permit with a public hearing for all new alcohol sales facilities in the C-N zone; and WHEREAS, in addition to the normal findings required for a conditional use permit, and in consultation with the Police Department, the amendments would require the Zoning Administrator to find that the facility would not result in an overconcentration of such facilities in the neighborhood; and WHEREAS, the amendments provide that the City Council would be informed of the Zoning Administrator's decision, and the Council or other interested party, could appeal the permit directly to the City Council for public hearing; and WHEREAS, the Environmental Review Coordinator has determined that the amendments are exempt from environmental review as a minor alteration in land use, in accordance with Section 15305 Class 5 of the CEQA Guidelines, or Class 5F of the City of Chula Vista Environmental Review Procedures. THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 19.14.030 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 19.14 ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES 19.14.030 Zoning administrator-Actions authorized without public hearing. The zoning administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects, and/or issue the following required permits without setting the matter for a public hearing: 1;l..-15 ~< 4'f:. Ordinance No. Page 2 A. Conditional use permit: The zoning administrator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances: 1. Where the use to be permitted does not involve the construction of a new building or other substantial structural improvements on the property in question. 2. Where the use requmng the permit would make use of an existing building and does not involve substantial remodeling thereof. 3. For signs, as defined herein, and temporary tract houses, as limited herein. 4. The zoning administrator is authorized to consider and to approve, deny, or modify applications for conditional use permits for carnivals and circuses. The zoning administrator shall set the matter for public hearing in the manner provided herein. 5. Churches. Q... Establishments that include the sale of alcoholic beverages for off-site use or consumption. located in the C-N zone. The zoning administrator shall hold a public hearim! in accordance with Sections 19.14.060-19.14-090 uoon l!lVlnl! notice thereof in accordance with Sections 19.12.070-19.12.080. A conditional use permit shall not be l!ranted unless the Zoning Administrator or other issuing authority finds in his or her sole discretion. and based on substantial evidence in view of the entire record. that all of the facts required by Section 19.14.080 exist. and that ap.proval of the permit will not result in an overconcentration of such facilities. Overconcentration may be found to exist based on (I) the number and location of existing facilities: (2) compliance with State Alcohol Beverage Control overconcentration standards in effect at the time of proiect consideration: (3) the impact of the proposed facility on crime: and (4) the impact of the prooosed facility on traffic volume and traffic flow. The Police Department or other appropriate City departments may orovide evidence at the hearing. A oermit to operate may be restricted by any reasonable conditions includinl! but not limited to limitations on hours of operation. The City Council shall be informed of the decision on each such permit by the City Clerk when the decision is filed in accordance with Section 19.14.090. The decision of the Zoning Administrator may be apJJealed. /2.~ I!D Ordinance No. Page 3 Such apJ>elll shall be directly to the City Council. rather than the Plannin~ Commission. and must be filed within ten days after the decision is filed with the City Clerk. as provided in Section 19.14.100. If apJ>ellled within the time limit. said appeal shall be considered in a public hearini: conducted by the City Council. in the same manner as other aooea1s pursuant to Sections 19.14.120 and 19.14.130. except that the Council must make the same written findings req.uired of the Zoning Administrator herein. in order to grant the oermit. B. Variances: The zoning administrator shall be authorized to grant variances for limited relief in the case of: 1. Modification of distance or area regulations; 2. Additions to structures which are nonconforming as to sideyard, rear yard, or lot coverage, providing the additions meet the requirements of the zoning ordinance affecting the property; 3. Walls or fences to exceed heights permitted by ordinances. Modifications requested in said applications for relief to be administered with the requirement for a public hearing shall be limited to deviations not to exceed twenty percent of the requirements imposed by ordinances. C. Site plan and architectural approval: The zoning administrator shall be empowered to grant site plan and architectural approval as provided herein. D. Performance standards procedure. The zoning administrator shall be authorized to issue a zoning permit for uses subject to performance standards procedure, as provided herein. E. Home occupations: The zoning administrator shall be authorized to grant permits for home occupations, as defined and regulated in Section 19.14.490. F. Fees: A fee in the amount as presently designated or as may be in the future amended in the master fee schedule shall accompany each application for a variance or conditional use permit or modifications thereto considered by the zoning administrator without a public hearing. In regard to applications on any of the aforementioned subjects, the zoning administrator shall set a reasonable time for the consideration of the same and give notice thereof to the applicant and to other interested person as defined in this title. In the event objections or protests are received, the zoning administrator shall set the matter for /2.-/7 Ordinance No. Page 4 public hearing as provided herein. (Ord. 2290 ~l (part) 1989; Ord. 2075 ~2, 1984; Ord. 2011 ~l (part), 1982; Ord. 1813 ~l (part), 1978; Ord. 1371 ~l (part), 1971; Ord. 1212 ~l (part), 1969; prior code ~33.1302(B). SECTION II: That Section 19.34.020 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 19.34 C-N - NEIGHBORHOOD COMMERCIAL ZONE 19.34.020 Permitted uses. The following are the principal permitted uses in a C-N district: A. Grocery, fruit or vegetable store; B. Bakery; C. Drugstore; D. Barbershop and beauty shop; E. Clothes-cleaning pickup agencies with incidental pressing; F. Business or professional office; G. Restaurant, cafe or soda fountain, not including entertainment, dancing or sale of liquor, beer, or other alcoholic beverages for consumption on the premises or drive-in car service; H. Commercial parking lots for passenger vehicles, subject to the requirements of Sections 19.62.010 through 19.62.130; I. LiEttier stere (package, eff SiHe eRly); J I. Coin-operated laundry, with maximum capacity washing units of twenty pounds and comparable drying equipment, and clothes cleaning agency; K L. Any other retail business or service establishment supplying commodities or performing services for residents of the neighborhood which is determined by the planning commission to be of the same general character as the above-mentioned retail business or service uses, and open during normal business hours of the above uses; b K.. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities and satellite dish antennas in accordance with the provisions of Section 19.22.030F.1-9; M L. Agricultural uses as provided in Section 19.16.030. (Ord. 2108 ~ 1 (part) 1985: Ord. 13.56 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~ 33 .508(B).) SECTION III: That Section 19.34.030 of the Chula Vista Municipal Code is hereby amended to read as follows: /;2.-I?- Ordinance No. Page 5 19.34.030 Conditional uses. The following uses shall be permitted in the C-N zone, provided a conditional use permit is issued in accordance with the provisions of Section 19.14.060: A. Automobile service stations, in accordance with the provisions of Section 19.58.280; B. Sale of beer or other alcoholic beverages for consumption on the premises only where the sale is incidental the sale of food; C. Electrical substations and gas regulator stations, subject to the provisions of Section 19.58.140; D. Unclassified uses, see Chapter 19.54; E. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040. F. Recycling collection centers, subject to the provisions of Section 19.58.340. G. Automated, drive-through car washes in accordance with the provisions of Section 19.58.060. H. Establishments contained in the list of permitted uses above. but which include the sale of alcoholic beveral1:es for off-site use or consumption. in accordance with the procedures in Section 19.14.030: L. Liquor store (package. off sale only). In accordance with the procedures in Section 19.14.030. SECTION IV: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by as to for J Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney 1;2 -/9 ~J~ ~ .d:_--: ~~-..;:--...: ""'"........~...... ~- ~- CJ1Y Of CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION August 21, 1992 Honorable Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Proposed PCA-92-QS Amendment To The Municipal Code Requiring A Conditional Use Permit For Sales Of Alcoholic Beverages In The CN Zone Honorable Mayor and City Council: The Economic Development Commission has some concern relative to the above mentioned code amendment. Although we understand your concern relative to the "over- concentration" of off-site sale businesses, we feel that the proposed amendment would be a redundancy in the permitting process and would result in significant delays and additional costs to the merchants who will be required to go through this additional process. As you have been advised by Staff, the ABC will hold off its licensing investigation until an applicant has the City required CUP in hand. This will result in a applicant having to go through our entire CUP process successfully prior to starting the ABC's process. The current ABC process requires public notices posted at the proposed location and mailed to all property owners within 500 feet of the site as well as notifying the City and police department. In circumstances of "over-concentration", the ABC will alert local authorities by notation on the application as well as by a follow-up telephone call to the police department to ensure that these particular applications are not overlooked and receive the appropriate scrutiny. A protest by local authorities will result in an investigation by the ABC. This includes a meeting with the police department to determine if the issue can be resolved by conditions being placed on the license (e.g., operating hours constrained). If the issue cannot be resolved to the satisfaction of local authorities, the ABC will denv the application for the license. It is our position at the Economic Development Commission that the proposed municipal code amendment will result in undue delay, costs, and redundancy to the applicants and the City. /cJ~~1 276 FOURTH AVENUElCHULA VISTA, CALIFORNIA 91910K619) 691-5047 Honorable Mayor and City Council August 21, 1992 Page Two Although the Economic Development Commission would prefer to see no such CUP requirement, a modified amendment requiring a CUP for those facilities to be located within an area of "over-concentration" only (as defined by the ABC) may be acceptable. In this case, an administrative CUP could be required. A denial by the zoning administrator could then be appealable to the City Council. This would relieve applicants who are not proposing facilities in an "over-concentration" area from the additional burden of costs and delays associated with the CUP process. We appreciate the opportunity to comment on this issue as well as the Council's sensitivity to maintaining a strong business climate in Chula Vista. This is especially important in light of today's poor economy and the well publicized challenges posed by bureaucratic red tape in California. We look forward to the City Council's support in our continued efforts to streamline the City's planning and permitting processes and hope that you will consider our views regarding this matter. 7/:' ~ William C. Tuc scher Economic Development Commissioner Iv;) " c1 .2-- CITY OF CHUL.\ VISTA .. ~-' A 1\1ti1111_ B__ ~ft~~~~ ~.. JtI ~1l ,,~: :". 'f'. ."'l.~,. 11,', ~~:.. , 't,~4.I DATE: FROM: TO: COMPANY: FAX#: SUBJECT: NOTE: 3104327931 ~Y'" r;:;n CALIFORNIA GROCERS ASSOCIATION ~ CALIFORNIA ASSOCIATION OF NEIGHBORHOOD STORES SOUTHERN CALIFORNIA OFFICE ONE WORLD TRADE CENTER, SUITE 480 LONG BEACH, CA 90831-1400 PHONE: (310) 432-8610 FAX: (310) 432.7931 ~ - J-t!; -9 d- , -0.t;(L; & /fYIQ/h / C<i It I ~~~ (~ leU (pq 1-5/7 I ...~p.nON ~v .,. .<::> '2-: ~1118_ 3 . - ~kcei.Qll 1 ()Iher. p,Ml 5pl1Il 1118SS8\l" PleSS , WOld I ~"Ol. ....' 'n<, . faxes. .... .... . . .'Tl' I~' - I Tolal # Pag9s Including This Cov9r: "JfI If Transmltllng Problems, Please Call (310) 432-8610. --- ./)/d3 P.01 I /,~ ;~ 5 "i) fiI. . iij. !lll.,.," .,," '." . "". . '" /- :.'- '.. .,. 11 1"'11 ,:""",",.,,,}.,,/ 11o'I"ll:,..I"";II, ,.....I.,.I",lu..."I.nl Bfllln) ur lJirrt'lllt':f; nm\"H.. t h~'i'lll H, . ,I ".. 11":lIll ",.h.. 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',,, ~ 'm ~. ~~ I "...Jr, "" Jt-.!I'I,\T,\ln, ",.','V.l'..:.';....t(rllI1r (,'",,-, 11...' ~I"".'~i \1,,'1;' ,\.,ui\ll :,',1'" \,'.,.j.,.t,,!,.\"t./,.. 1.11\ h"'''lI 1I"."".I/I"1(.,,k,'. 1 ''',',1" ''''I!hlllli1"..I,'" ,1",1,."".',..,..1.1,\1,,,,,, I" ,_'1,1 It. 1(lIdrt 1...,.--.../",1,,/<,,//1 ..,11'.:-0,""'''111 '.,..I/.III.",''I'"...,,/.;r{'-'/,,'.<I,' I,,, .. '..~ I.. ,. 11.,'...."'.,,.4."'11'./ f 1,,\",/, I,~'~ .......111'1.,11 ... I,"" lIit"h..~\,' .\1l11t,'I. /0.,., \\ \J,k.....!I,llI 1/...,';.. \/.; I~. I.. /"'. '''.l:rl" 1"11"1,,,,, II, ..,..../:,..1'11,'/1., I', '"" "'1'-1>1"", \""-',"\':.,./,.,..\'.,ltl"'I!" I"itlol,,,....... I..,. ....,1'..././1."...'.1.""."'11" '!I.t'I,I,' \'.,1.1) 1-"'1,,,,,,,,,0,1/,,,/,,,.. 3104327931 P.01 California Grocers A::;sociatiOll -, S1"llI'IN\; Till-: FOOll IN!'tJ~rr'Y OF ('^W....'<NI^ SINCE IH!IH '~lIiC:Sln."',~lIik jm "lt1nlll"ulll,tAllrVlII j'o.IlIl~:";;t '~"",.".. ul.,. ~ ,^ !I;.:-q', ~'h,'1 t, I: 1'111;) tIlC:'d~, l.l\,('llI;IIIII;!.!l:I .......rl'l'lut."ltf,,'..hllllit,., 1)1"'\\"'11.1 I ";I'k ("'tlh'l lo'lIit., litH I "II~ 1\,,~,,'II, t ^ '~~Il 111(1t Id. f.IWIl;l;:M\j1l 1"'." nl(lll;t~71UI August 25, 1992 YIA FAX The Honorable Tim Nader Mayor, city of Chula Vista Chula Vista City Hall 276 Fourth Avenue Chula Vista, 91910 . f"~ Dear Mayor Nader: Unfortunately, the California Grocers Association must oppose the proposed ordinance for the city of Chula Vista which amends sections 19.14.030, 19.34.020 and 19.34.030 of the Chula Vista municipal code related to the sale of alcoholic beverages. It has been CGA' s policy for years to support and strengthen the States' control of and responsibility for alcoholic beverage licensing and enforcement. In fact, last year we supported legislation (enacted) to require alcohol beverage licensees to train their store clerks regarding laws on alcoholic beverage sales to minors. All of our members have trained all of their sales clerks. This year, we are sponsoring AB 862 to encourage the DMV to create color-coded drivers' licenses. This measure would further reduce inadvertent sales to minors because clerks would no longer need to make mathematical age computations while handling a busy register. However, we do consistently oppose legislative and regulatory proposals to weaken State enforcement by allowing local governments to adopt differing rules for licensees. It would be chaos to try to operate in thousands of local jurisdictions, all with different - and in many cases, conflicting rules. We recoqni2:e and acknowledge that there is often a problem of overconcentration in certain areas. However, your proposal does not take into consideration those businesses that must rebuild due to an unforseen crisis such as and earthquake or fire. The answer to the problem of overconcentration is not to take advantage of the tragedy of a retailer's store being burned down by stripping that person of the right to rebuild, to re- establish his or her livelihood. 1;2 -c1 Lj ., .. 3104327931 P.02 The solution may lie in working with the Department of Alcoholic Beverage Control -to reduce license concentrations for future applicants, without depriving existing rstailers of their ability to make a living. The ABC already has this power. We stand ready to work with you and any other interested parties to find a fair and reasonable approach to this issue. Sincerely, ~~='". BETH BEEMAN Director of City/County Governmental Relations Bl1B/rnhs /' J;< -;2 5- COUNCIL AGENDA STATEMENT Item & Meeting Date 8/25/92 ITEM TITLE: PUBLIC HEARING: Conditional Use Permit PCC-92-40: Appeal of Planning Commission Approval of a Request to Install Interim Fire Station No. 6 at the southwest comer of Lane Avenue and Fenton Street; Appellant - California Land Associates RESOLUTION 1&,15 l. Denying the Appeal and Approving Conditional Use Permit PCC-92-40 , ! SUBMITTED BY: Director of Planning ;}/. . / ':IfL REVIEWED BY: City Manager iJ)~ (4/5ths Vote: Yes_No_XJ The City of Chula Vista proposes to install Interim Fire Station No. 6 at the southeast comer of Fenton Street and Lane Avenue, 2396 Fenton Street, APN 595-232-10, in the BC-I zoning district as defined in the EastLake Planned Community District Regulations. The interim fire station will be operated at this location until such time as an optimal site for a permanent station is selected and additional development warrants the construction of a permanent structure. California Land Associates, the owners of the office building directly east of the fire station site, has appealed the decision of the Planning Commission approving PCC-92-40. All documents and correspondence are attached (see index following staff report). The Environmental Review Coordinator has determined that this project is a Class 3 (c) Categorical Exemption per the California Environmental Quality Act (CEQA). This item was originally scheduled for City Council consideration on July 21, 1992, and has been continued at the request of the appellant and EastLake Development Company in order to allow time for further discussion of the issues raised in the appeal, and to allow consideration by the entire City Council. It is our understanding that at this time the concerns of the appellant have not been resolved, and both parties are desirous of having the matter considered by the City Council. RECOMMENDATION: That Council adopt the resolution approving Conditional Use Permit PCC-92-40 and findings contained therein based on the records of the proceedings before the Planning Commission and Council. \~ -l Page 2, Item A Meeting Date 8/25/92 BOARDS/COMMISSIONS RECOMMENDATION: On July 8, 1992 the Planning Commission voted 6-to-0 to approve PCC-92-40. That decision has been appealed by California Land Associates based on the points listed under "Contentions of Appellant". DISCUSSION: Adjacent Zoninl! and Land Use: ZONING LAND USE Site BC-l (PC) Vacanti 1 Structure North BC-I (PC) Vacant South BC-l (PC) Vacant East BC-l (PC) Industrial West BC-l (PC) Industrial Existing Site Characteristics The modular structure to house the fire fighting apparatus has already been installed on the northeastern portion of the site, and just west of the apparatus structure, the foundation for the personnel building has already been graded and partially installed. Construction was initially allowed to proceed without the necessary conditional use permit because of an incorrect interpretation of the EastLake PC Zone regulations dealing with temporary uses. Work has since been stopped until the outcome of the public hearing for this conditional use permit. Pro.POsed Use Proposed Interim Fire Station No. 6 consists of two structures totaling approximately 2,340 square feet which will occupy the northeast portion of the site. Since installation had already started, the apparatus parking bay, a 15.5 foot high modular structure, sits about 50 feet south of the northern property line and, at its nearest point, about 26.5 feet from the eastern property line. The personnel structure, an approximately 11 foot high modular building, will sit about 60 feet south of the northern property line and about 105 feet east of the western property line. The area where the foundation for the personnel structure is to be poured was being excavated and was partially installed prior to suspension of work. l~'~ Page 3, Item ~ Meeting Date 8/25/92 Alternate Sites Several alternate sites were considered at the same time as this site. A site near the southeast corner of Otay Lakes Road and Hunte Parkway was considered, but specific site characteristics, including limited site distance from the east and potential ingress-egress problems, made the location unacceptable. Another site was considered along EastLake Parkway south of Telegraph Canyon Road, but EastLake High School will be built there instead. Still, a third site was considered but rejected because it is part of the Kaiser Hospital site. In the opinion of the Fire Department the site chosen offers the best possibility for service as it is on a main arterial access into the EastLake Greens area, is in close proximity to Telegraph Canyon Road and no other major projects preclude its construction. Given the existing conditions and if development to the north is significantly delayed, this is the site preferred by the Fire Department, possibly even for a permanent fire station. If this were to evolve into the permanent fire station site for this area, the modular structures would be replaced by permanent buildings. Architectural Review When this project was submitted through the Building Department for building permits, the Planning Department reviewed the site design and architecture and, due to the interim nature of this facility and the substantial landscaping to be provided, staff determined that the project is compatible within the context of the surrounding neighborhood. The EastLake Development Company also reviewed and approved the architectural design of the proposed modular structures. ANALYSIS Conformance with EastLake Re~ulations Fire Station No. 6 is proposed for this location on an interim basis. Its life span depends on determining an optimal site for a permanent fire station and the pace at which future development occurs. Depending on plans for surrounding areas, including the Otay Ranch, the optimal site may be (1) the current, interim location in the EastLake-I Business Center; (2) another, more easterly site within the EastLake development; or (3) a site in Salt Creek Ranch on Mt. Miguel Road south of East "H" Street. At this point, it is likely that the interim fire station site will be needed for 5-7 years. ~~~~ Page 4, Item ~ Meeting Date 8/25/92 The use as a fire station requires a conditional use permit per Section VI.O.2.I of the EastLake I Planned Community District Regulations. This section states: "Temporary use of properly-designed mobile trailer units for classrooms, offices, banks, etc., for periods not to exceed ninety days subject to administrative review. Requests for such uses of more than ninety days in duration shall reauire the approval of a Conditional Use Permit by the Planninf: Commission. Such units shall meet all necessary requirements of building, fire and health codes." [Emphasis added]. The proposed use can meet the performance standards for the Business Center District as outlined in Section IV.3 of the EastLake I Planned Community District Regulations. Conformance With The General Plan The proposed Interim Fire Station No.6 conforms with and implements the City's general threshold standards for fire services, as well as implementing the more detailed project guidelines for fire coverage adopted as part of the City's Fire Station Master Plan: " 1. As a general rule, fire stations shall be distributed so as to meet the service levels established in the thresholds standards. The threshold standard for fire requires the department to respond to 85 % of all emergency calls for service within 7 minutes. " CONFORMANCE: The placement of Interim Fire Station No. 6 at this location will bring virtually all residences and businesses in EastLake within this threshold standard. "2. The precise location of fire stations shall be determined by: a. Land Use Pattern, residential density and building intensity. b. Street patterns and traffic volume. CONFORMANCE: The land use pattern surrounding the site is industrial while the building intensity has not reached a maximum as the area is not at build-out. Both Fenton Street and Lane Avenue are, at present, lightly travelled streets for the same reason. "3. Fire stations should be sited on arterial streets or collectors. If circumstances require the location of a fire station on a minor street, the said minor street should lead directly to an arterial street or collector. " I~-~ Page 5, Item ~ Meeting Date 8/25/92 CONFORMANCE: The site for Interim Fire Station No.6 is located at the intersection of Lane Avenue and Fenton Street. Lane Avenue is a collector street which permits direct access to Telegraph Canyon Road, a prime arterial, to the south, while Fenton A venue is a minor street which permits direct access to EastLake Parkway to the west. "4. Fire stations may be located on comer lots, with primary and secondary (alley) access. Stations should be situated a minimum of three hundred feet (300') from signalized intersections. " CONFORMANCE: The site is at the southeast comer of Fenton Avenue and Lane Street, as mentioned earlier. The primary access at the northeast comer will be the only point of vehicular ingress and egress to the site. The nearest signalized intersection to the station is at Telegraph Canyon Road and Eastlake Parkway, more than 300 feet away. "5. Fire station sites must be large enough to accommodate a station office, living quarters for the on-duty personnel, areas for apparatus storage and maintenance, off-street parking, and environmental amenities, such as landscaping and walks. Where stations are located in areas of anticipated growth, the fire station site should be of adequate size to accommodate planned expansion. New fire stations should be built to house no less than two apparatus. " CONFORMANCE: The site, architectural and floor plans and elevations show living quarters, an area for apparatus storage and maintenance, off-street parking, landscaping and walks. Even though this is a temporary station with a limited life span, the site is large enough to accommodate expansion, but will house only one apparatus for this reason. If a permanent station is built at this location, a structure to house at least two apparatuses will be constructed. "6. The design of fire stations should be environmentally and aesthetically compatible with adjacent land uses. " CONFORMANCE: The proposed interim fire station will consist of two modular structures, a personnel building and an apparatus parking bay, and include a covered patio area which will architecturally link the two main building segments of the facility. The substantial landscaping will enhance the site making it aesthetically compatible with adjacent land uses. The personnel building and apparatus parking bay have been designed in a manner which will not only yield functionally appropriate buildings, but will also result in the development of a facility which will architecturally complement and be compatible with the structures in the immediate area. The proposed architectural design was reviewed and approved by the EastLake Design Review Board on February 14, 1992. (~~'5 Page 6, Item ~ Meeting Date 8/25/92 The proposed structures, although temporary in nature, will be installed on permanent foundations. The exterior articulation of the rectangular building masses will be kept simple and streamlined, in keeping with the contemporary theme of the business center, and will incorporate a 36 inch high parapet along the structures' roof perimeters. The buildings' exterior will be treated with Tl-ll mansard vertical siding. The proposed color palette will consist primarily of gray wall color and teal green accent color combinations which are consistent with the color scheme of the structure to the east of the site. Staff found the proposed architecturally enhanced modular building design solution to be an acceptable and appropriate alternative to a "permanent" structure, given the temporary nature of the facility, and concluded that the facility will positively contribute to the appearance and development of the EastLake Business enter. "7. Where practicable, fire station houses should be one story in height. " CONFORMANCE: The personnel structure will be one story at ll' 4", while the apparatus parking bay will be 15'6". Both structures will have only one story. CONTENTIONS OF APPELLANT: 1. APPELLANT: "The lease between the Fire Department and EastLake violates the Subdivision Map Act". Response: This proposed development is in conformance with Government Code ~ 66428 and does not warrant the preparation of a parcel map for the following reason: Pursuant to Government Code ~ 66428(a) a parcel map is not required for . . . "Land conveyed to or from a governmental agency . . . unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map." No such "public policy" reason for a parcel map has been advanced by the appellant. A public policy reason for compelling a parcel map is not present because: a) The parcel upon which the station will be located is the result of a prior land division. All public "facilities" and the "design" (as these terms are used in the Subdivision Map Act) considerations have already been addressed in the prior subdivision. TM# 15823 recorded October 6, 1989 (TPM-90-01). \~~~ Page 7, Item ~ Meeting Date 8/25/92 The City would not require the development of additional infrastructure should this parcel be divided by a parcel map nor would it require significant design changes to its configuration. In addition, the findings made for TPM-90-0l are still in effect and would not be changed even if the City decided to execute another parcel map. b) The City reserves adequate regulatory authority through the conditional use permit process and findings to address any matter of public health, safety or welfare which may be raised in the context of a parcel map, thus eliminating the need for a parcel map. c) The City cannot force its lessor (Eastlake) to develop the remainder (unused) portion of the site. The City's weed abatement and nuisance ordinances will be enforced to insure the unused portion of the site remains in a safe and sanitary condition. 2. APPELLANT: "The EastLake Business Center Architectural Committee violated the CC&R's in approving the f"1re station design". Response: The compliance of the fire station's design with the Eastlake Business Center's CC&R is not a matter which the City Council may adjudicate. CC&R established pursuant to Civil Code ~ 1468 are private covenants regulating the use of land subject to them. The City has !!Q regulatory authority to act as an Appeals Board to any action taken by the Business Center Architectural Committee. If the Appellant has a complaint regarding the action of the Committee, they should take that up with the Committee itself. 3. APPELLANT: "The Planning Cornrni.sion was mislead by staff to believe the City was funding the cost of the fIre station". Response: The funding for the fire station, in part by Eastlake and in part by City, using a portion of the DIP fees is irrelevant to the land use considerations before the City. 4. APPELLANT: "The Fire Department failed to mitigate visual blight by selecting one of several alternative sites offered by EastLake Development Co.". Response: Staff disagrees with the appellant's contention that the station results in "visual blight." In any event the City owes no duty to Appellant to insure l~~'1 Page 8, Item ~ Meeting Date 8/25/92 that any public or private land use is aesthetically pleasing to them. The issue in question is the conformance of the structure with the applicable architectural standards. It has been found to conform through the administrative Design Review process. 5. APPELLANT: "The fmdings that the station will not (i) be injurious to adjacent property or (il) adversely affect the General Plan (Planning Department letter dated May 19, 1992) is specifically based on the erroneous assumption the use is "temporary [in] nature," when in fact the use will be for a minimum of five years". Response: The fire station, although not a desirable use to the Appellant, has not been demonstrated to be injurious, in a physical sense, to their property. This use is far less intense than other land uses permitted on the property. It produces far fewer vehicle trips than other permitted land uses. Rather than being contrary to the General Plan, this station is in conformance with the Public Facilities Element for reasons presented under the ANALYSIS section of this report. 6. APPELLANT: "The Fire Department's C.D.P. application describes the lot area as 4.73 acres; but only a small percentage of the land is planned for landscaping, thereby creating a weed patch of indefmite (but not less than five-year) duration", Response: The portion of the site not occupied will be maintained by the EastLake Development Company per agreements between them and the City and as required by Chapter 8.32 of the Municipal Code for weed abatement. 7. APPELLANT: "The City unnecessarily exposes itself to an inverse condemnation action by affected adjacent landowners". Respouse: There is no basis for City liability in inverse condemnation. The City's location or use of the facility does not result in a taking of a property right held by appellant, even though the use is considered undesirable by them. 8. APPELLANT: "Approval of the C.D.P. at issue reverses Chula Vista's history of visionary planning, construction of municipal buildings which enhance the environment and application to itself of the same high architectural standards adherence to which it demands of citizens" . Response: The City has applied design review and conditional use permit regulations to this project as it would to any project of this nature and type at this location. t~~~ Page 9, Item ~ Meeting Date 8/25/92 ORDINANCE REQUIRED FINDINGS: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use will contribute to the safety and welfare of the community by improving the currently available fire services and response time within the eastern territories and provide a facility in close proximity to the intended service areas. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The interim use of the subject site as a fire station will not detrimentally affect the health, safety or welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity in that: 1. The proposed use is temporary and Class 3 (c) Categorical Exemption per CEQA; 2. There are public facilities that are adequate to handle future area growth; and 3. The fire station is necessary for the protection of persons and property in the vicinity of the site. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use complies with Section VI.O.2.1 of the EastLake I Planned Community District Regulations for the BC-l wne and pertinent Municipal Code requirements in that this is a temporary use compatible with surrounding uses, and any construction or grading work will be done in compliance with the regulations of the City of Chula Vista. 4. That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any govermnent agency. The temporary use of the site as a fire station facility will not adversely affect the General Plan of the City of Chula Vista in that it will implement provisions of \~ -'1 Page 10, Item & Meeting Date 8/25/92 Section 2.1 of the Safety Element of the General Plan and any other applicable element of the General Plan. 5. That the granting of this conditional use permit complies with the Subdivision Map Act. Based on Section 66428 of the Subdivision Map Act, public policy does not require the processing of a parcel map under such circumstances as exists in this case for the following reasons: A. This parcel is part of a prior land division which has adequate public facilities and complies with appropriate design. B. The City reserves adequate regulatory authority through the conditional use permit process. C. The remainder portion of the site will be maintained by EastLake as required by the agreements between EastLake and the City, and by the weed abatement program (Chapter 8.32 of the Municipal Code). FISCAL IMPACT: Not applicable. (fireat&t) t~'ID RESOLUTION NO. -' b 152. A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE AN INTERIM FIRE STATION AT THE SOUTHWEST CORNER OF LANE AVENUE AND FENTON STREET WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula vista on May 8, 1992 by the Chula vista Fire Department; and WHEREAS, said application requested a conditional use permit to allow an interim fire station; and WHEREAS, the Planning Commission held a public hearing on July 8, 1992 and voted 6-to-0 to approve said Conditional Use Permit; and WHEREAS, the Planning Commission's decision was appealed by California Land Associates; and WHEREAS, the City Council set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within an area of 500 feet radius of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held advertised, namely 6:00 p.m., July Chambers, 276 Fourth Avenue, before hearing was thereafter closed. at the time and place as 21, 1992 in the Council the City Council and said NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as follows: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the qeneral well beinq of the neiqhborhood or the community. The proposed use will contribute to the safety and welfare of the community by improving the currently available fire services and response time within the eastern territories and provide a facility in close proximity to the intended service areas. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or qeneral welfare of persons residinq or workinq in the "1 .1. I~'II Resolution No. Page 2 vicinity or injurious to property or improvements in the vicinity. The interim use of the subject site as a fire station will not detrimentally affect the health, safety or welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity in that: 1. The proposed use is temporary and a Class 3(c) categorical Exemption per the California Environmental Quality Act; 2. There are public facilities that are adequate to handle future area growth; and 3. The fire station is necessary for the protection of persons and property in the vicinity of the site. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use complies with Section VI.O.2.I of the EastLake I Planned Community District Regulations for the BC-1 zone and pertinent Municipal Code requirements in that this is a temporary use compatible with surrounding uses, and any construction or grading work will be done in compliance with the regulations of the City of Chula vista. 4. That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The temporary use of the site as a fire station facility will not adversely affect the General Plan of the City of Chula Vista in that it will implement provisions of Section 2.1 of the Safety Element of the General Plan and any other applicable element of the General Plan. 5. That the granting of this conditional use permit complies with the Subdivision Map Act. Based on Section 66428 of the Subdivision Map Act, public policy does not require the processing of a parcel map under such circumstances as exists in this case for the following reasons: ~1~"I').. P<<solution No. Page 3 A. This parcel is part of a prior land division which has adequate public facilities and complies with appropriate design. B. The city reserves adequate regulatory authority through the conditional use permit process. C. The remainder portion of the site will be maintained by EastLake as required by the agreements between EastLake and the City, and by the weed abatement program (Chapter 8.32 of the Municipal Code). BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby denies the appeal by California Land Associates and adopts this resolution granting Conditional Use Permit, PCC-92-40, subject to the following conditions: 1. Any changes to the proposed site plan and/or building architecture shall be subject to approval by the Director of Planning prior to issuance of building permits. 2. A "no-fee" construction permit is required for construction of the driveway approach in the street right-of-way. 3. If the exemptions in the grading ordinance are not met, the developer is required to obtain a "no-fee" grading permit. 4. This permit shall be subject to any and all new, modified, .or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which city shall impose after advance written notice to the permittee and after the city has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 5. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the city for additional conditions or revocation. ~ 'S . / ~~L3 Pasolution No. Page 4 That a copy of this resolution be transmitted to the applicant and the City Council. Presented by ~t A. Lei r ~~tor of Planning c./lZ- .rz.. Bruce M. Boogaard City Attorney ~ ) ~#)~ COUNCIL AGENDA STATEMENT Item /<114 Meeting Date 8/25/92 ITEM TITLE: Consideration of the Final Environmental Impact Report for a Prezoning, Amendments to the EastLake General Development Plan (GDP) and P-C District Regulation Amendments, Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan (PFFP), Air Quality Improvement Plan (AQIP) and Water Conservation Plan for Telegraph Canyon Estates, EIR-9l-05 (SCH 91071033) RESOLUTION \ \0 '1 b ( Certifying the Final Environmental Impact Report for a Prezoning, Amendments to the EastLake I General Development Plan (GDP) and Planned Community District (PCD) Regulations, Sectional Planning Area (SPA) Plan, Public Facilities Financing Plan (PFFP) , Air Quality Improvement Plan (AQIP), and Water Conservation Plan for Telegraph Canyon Estates (EIR-9l-05) SCH #91071033 SUBMITTED BY: Director of Planning ~( REVIEWED BY: City Manager V~/, k'" (4/5ths Vote: Yes_No_XJ The Final Environmental Impact Report (FEIR) before you for certification analyzes the Telegraph Canyon Estates project which requires a Prezoning, Amendments to the EastLake I General Development Plan and Planned Community District (PCD) Regulations, a Sectional Planning Area (SPA) Plan, and Public Facilities Financing Plan (PFFP). In conformance with the Growth Management Program, an Air Quality Improvement Plan (AQIP) and Water Conservation Plan were prepared for the project. The Annexation, Sphere of Influence Amendment, and Tentative Subdivision Map are not part of the approvals being requested, at this time, although the same EIR will be utilized when those requests are brought forward. The project is located on 112.4 acres on the north side of Telegraph Canyon Road (Otay Lakes Road), east of Rutgers A venue and immediately west of the future extension of State Route 125. The project site corresponds to a portion of Assessor's Parcel Number 595-070-22. RECOMMENDATION: That the City Council certify that the FEIR (91-05) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State of California CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista. )~}4. -I Page 2, Item ) 4 A. Meeting Date 8/25/92 BOARDS/COMMISSIONS RECOMMENDATION: RESOURCE CONSERVATION COMMISSION During the public review period for the DEIR (May 13, 1992 to July 22, 1992), the Resource Conservation Commission (RCC) considered the document on June 22, 1992. The RCC expressed their concern regarding cumulative air quality impacts, but voted unanimously to recommend that the Planning Commission certify the FEIR. PLANNING COMMISSION CONSIDERATION On July 22, 1992 the Planning Commission held a public hearing to receive public testimony on the adequacy of the Telegraph Canyon Estates Draft Environmental Impact Report (DEIR). On August 12, 1992 the Planning Commission passed a motion to certify the Final EIR. DISCUSSION: The Telegraph Canyon Estates EIR analyzes the environmental impacts associated with the proposed construction of a maximum of 350 single-family residences on 80.7 acres, 26.1 acres of open space and parks and recreational facilities, 1.5 acres designated for future community purpose facilities, and 9.4 acres needed for an easement for future State Route 125. DISCRETIONARY ACTIONS This FEIR analyzes the potential environmental impacts associated with implementation of the following discretionary actions: 1. A prezoning action; 2. Annexation into Chula Vista; 3. An amendment to the Chula Vista Sphere of Influence; 4. An amendment to the General Development Plan (GDP) for the EastLake I SPA. 5. A Sectional Planning Area (SPA) Plan; 6. An amendment to the Planned Community District (PCD) Regulations for the EastLake I SPA; 7. A Tentative Subdivision Map (TSM); 1~p4.~2.- Page 3, Item )4 It Meeting Date 8/25/92 8. Adoption of a Public Facilities Financing Plan (PFFP); 9. Adoption of an Air Quality Improvement Plan (AQIP); 10. Adoption of a Water Conservation Plan CONTENTS OF THE FINAL ENVIRONMENTAL IMPACT REPORT: The FEIR contains responses to comments received during the public review period, including comments made at the Planning Commission Public Hearing of July 22, 1992 on the DEIR. The response to Comments section is located in front of the FEIR. As a result of comments received during the public review period, some minor revisions have been made to the EIR, and where appropriate, actual text changes have been made to the document. These changes do not change the basic conclusions of the EIR. RESPONSE TO COMMENTS As a result of new information obtained during the environmental review process, several refinements have been made to the "Water Availability" and "Biology" sections of the EIR. Biology (wetland impacts) has been changed from "significant, but mitigable" to "significant and unmitigated." This is due to the inability to identify a specific off-site mitigation area for the O.9-acre wetland area impacted by the project. If a site becomes available and replacement occurs at a ratio agreed upon by the City in consultation with the Department of Fish and Game, biology impacts will be reduced below significance. Water availability impacts have been changed from "significant, but mitigable" to "significant and unmitigated" on a region-wide basis. This is due to the lack of availability of reclaimed water to the project site, at this time. If reclaimed water become available in the future, water availability impacts would be reduced to below a level of significance. These refinements do not change any of the basic conclusions of the EIR or relieve the applicant from having to mitigate biology and water availability impacts. PUBLIC AND AGENCY REVIEW The Telegraph Canyon Estates EIR was circulated through the State Clearinghouse for over a 45-day public review period beginning on May 21, 1992. The City of Chula Vista public review period concluded on July 22,1992 with the close of the Planning Commission public hearing to receive public testimony on the DEIR. l'fA ~3 Page 4, Item /4 fL Meeting Date 8/25/92 At the Planning Commission Public Hearing of July 22, 1992 public testimony was received from two (2) persons, Norm Ross, a representative of the Chula Vista Sport Council, and Veronica Sissons, a private citizen. Six (6) outside public agencies, including CalTrans, California Department of Fish and Game, Local Agency Formation Commission (LAFCO), Office of Planning and Research, Sweetwater Union High School District, and the Chula Vista Elementary School District submitted written comments on the DEIR. Three (3) City Departments, including the Engineering Department, City Attorney's office, and Fire Department provided written comment. And two (2) private organizations, the Baldwin Company (applicant) and EastLake Development Company commented in writing on the DEIR. The EastLake Development Company letter was received after the close of the public review period, but was also responded to in the FEIR. STATEMENT OF OVERRIDING CONSIDERATIONS Since there are impacts which can not be mitigated below a level of significance, a Statement of Overriding Considerations has been included with the Candidate CEQA Findings for the Council's consideration on the project. Overriding considerations are required for air quality, on a cumulative, region-wide basis, biology and water availability (region-wide). ENVIRONMENTAL ANALYSIS The following is an abbreviated version of the environmental analysis provided in the Telegraph Canyon Estates FEIR. 1. Geology/Soils/Paleontology Significant, but Mitigable ImDact: The project site is associated with potentially compressive and expansive soils from the underlying Sweetwater and Otay Formations. These underlying geological formations have a high potential for containing paleontological (fossil) resources. There are no known, active faults on or immediately adjacent to the site, however, the potentially active La Nacion fault zone is approximately 3 miles to the west. l'fA ~ ~ Page 5, Item I ~ A Meeting Date 8/25/92 Mitilmtion: Geology/Soils and Paleontology impacts are considered to be significant, but mitigable with implementation of standard geotechnical measures during grading and project construction. These mitigation measures are outlined on Pages 26 to 28 of the FEIR. 2. Hydrology/Water Quality Significant, but Mitigable Imoact: The site contains two primary, parallel drainages which flow in a north to south direction into the Telegraph Canyon Creek, an earthen channel with drop structures transecting the southern project boundary. A lesser drainage serves the southwestern comer of the site. Runoff from an existing 36-inch storm drain and open concrete channel at the northern project boundary delivers 129.2 cfs to Telegraph Canyon Creek during a SO-year storm. This drainage infrastructure serves adjacent residential development to the north. Short-term grading and construction activities will increase soil erosion potential. Development of the site will replace natural vegetation with man-made surfaces, such as hardscape which will create the potential for increased runoff and resultant water quality impacts. Water quality impacts could also occur with vehicle maintenance and landscape maintenance activities by future project residents. Mitil!:ation: Significant, but mitigable water quality impacts will be reduced to below a level of significance through compliance with the standard engineering measures outlined on Pages 35 - 36 of the FEIR, which includes compliance with National Pollutant Discharge Elimination System (NPDES) permit guidelines, submittal of an erosion control plan, and submittal of a storm drain plan. 3. Landform! Alteration Significant, but Mitigable Imoact: The project will require the movement of 830,000 cubic yards of cut and fill. Dominant site landforms include two north to south trending knolls on the east and west of the project site. The deepest cut will be 45 feet on the eastern knoll and 40 feet in the central swale area. Proximity to Telegraph Canyon Road, a designated Scenic Highway on the Chula Vista General Plan, is associated with potential aesthetic/visual impacts. J'II/ '" r; Page 6, Item Meeting Date 14^ 8/25/92 Mitilmtion: Significant, but mitigable landform/alteration and aesthetic impacts will be reduced to a level below significance through compliance with the guidelines of the Chula Vista General Plan Land Use Policies, the Scenic Highway Criteria, City of Chula Vista Grading Ordinance, and the EastLake I Design Manual. Grading techniques such as terracing, variable slopes, and contour grading will be utilized to reduce visual impacts along Telegraph Canyon Road. Mitigation measures are outlined on page 62 of the FEIR. 4. Air Quality Cumulatively Significant and Unmitigable Imnact: Short-term air quality impacts will be created during grading and construction activities. Long-term, project phase impacts are associated with pollutants from the additional 3,500 Average Daily Trips (ADT), as well as household emissions from future residences. Mitilmtion: Short -term air quality impacts will be reduced to below a level of significance through standard City dust control measures, such as regular watering of the site during grading. Long-term air quality impacts are considered significant and unmitigable on a cumulative, region-wide basis since San Diego is in a non-attainment area. Air quality reduction measures are outlined on pages 74 to 75 of the FEIR, as well as the requirements outlined on pages II-98 to II-99 of the Air Quality Improvement Plan (AQIP). 5. Biological Resources Significant and Unmitigated Imnact: The project site contains 2.0 acres of Disturbed/Ruderal; 1.8 acres of Disturbed/Ornamental, and approximately .9 acres of Freshwater Marsh vegetation. Loss of the Freshwater Marsh vegetation on site is considered to be significant, even though the wetland resources on site are considered to be of a low habitat value. ILIA ,~ Page 7, Item Meeting Date I~A 8/25/92 Mitilmtion: If consensus is reached with the City in consultation with the California Department of Fish and Game for the preservation of habitat off-site, biology impacts could be reduced to below a level of significance. However, until a specific off-site mitigation area is identified, biology impacts are deemed significant and unmitigable. Biological mitigation is listed on page 82 of the FEIR. 6. Cultural Resources Less Than Significant Imnact: No cultural resources were revealed during the site survey, as well as the records search conducted for the project site. Mitilmtion: An archeological/paleontological monitor shall be on site during grading operations to minimize potential impacts to cultural or fossil resources are lost. If resources are found on site, the developer shall be responsible for authorizing their deposit in an institution staffed by qualified paleontologists, such as the San Diego Natural History Museum. 7. Transportation Significant, But Mitigable Imnact: An additional 3,500 Average Daily Trips (ADT) will be generated by the proposed project, lowering the Level of Service (LOS) on Telegraph Canyon Road between Otay Lakes Road and EastLake Parkway from LOS C to D. Approximately 80 percent of the trips are projected to use Telegraph Canyon Road, 10 percent will go to Rutgers Avenue via Gotham Street, and another 10 percent are estimated to use Lakeshore Drive via Creekwood Way. While the project will lower the LOS on the roadway segment between Otay Lakes Road and EastLake Parkway from C to D, the intersection will still operate at LOS C during the PM peak hour, which is within the acceptable range set by the City of Chula Vista Threshold Standards. l'fA -1 Page 8, Item 1% Meeting Date 8/25/92 Mitil!:ation: The applicant shall comply with the requirements of the City Engineering Department by contributing its fair share to the area roadway improvements through the Development Impact Fee program, as determined by the City Traffic Engineer during its annual review of cumulative projects as part of the Eastern Chula Vista Transportation Phasing Plan. Traffic mitigations is listed on page 99 of the FEIR. 8. Noise Impacts Significant, But Mitigable Imoact: An acoustical analysis conducted for the project analyzed noise impacts on a short-term and long-term basis. Construction activities will create significant short-term noise impacts, however, these will be temporary and will conclude when the project is built out. Long-term noise impacts are associated with the potential impact to future residents from proposed State Route 125. Mitil!:ation: Noise impacts will be reduced to below a level of significance through construction of a 5.6 foot high noise wall along the rear yards of those lots that fall within the 65 CNEL threshold contour. Final noise barrier design will be reviewed prior to the approval of the Final Map to ensure compliance with City and CalTrans requirements. 9. Land Use/General Plan Significant, But Mitigable Imoact: The project is compatible with the existing and planned land uses for the site and the surrounding properties. The 4.3 dwelling units per acre net density is within the General Plan designation of 3-6 dwelling units per acre. There would be no significant, adverse land use impacts associated with the proposed project. Mitil!:ation: The project will not result in any significant land use impacts, however, the applicant shall be required to conform to the City's Affordable Housing Program. Land use mitigation is outlined on pages 119 to 120 of the FEIR. I~)q -8' Page 9, Item Meeting Date 14~ 8/25/92 10. Community Social Factors Less Than Significant ImDact: The project will add 1,134 residents to the City, based upon a project population generation factor of 3.24 occupants per dwelling unit. This represents approximately 6 percent of the population growth anticipated by SANDAG by the year 2010. This population increase is within the General Plan growth forecasts, therefore, community social factor impacts are considered to be less than significant. 11. Community Tax Structure Less Than Significant ImDact: The project revenues will exceed expenditures in every year and will total $827,043 to the City of Chula Vista over a 15-year period. Therefore, socioeconomic impacts associated with the project are deemed to be less than significant. However, one of the EIR project alternatives (Alternative Design B) proposes the project with a public versus private street system, which would reduce revenues to the City by $372,325, for a total of $454,718 instead of the $827,043 for the proposed project. Mitilmtion: The project is not expected to have an adverse fiscal or socioeconomic impact, therefore, mitigation is not deemed to be necessary. 12. Parks/Recreation/Open Space Less Than Significant Imnact: The project will increase parks and recreation demand by bring 1,134 new residents into the City. The project will, therefore, increase the demand upon parks and recreation by a total of 3.4 acres. Mitie:ation: The project site will contain 5.3 acres of private recreational/open space areas, however, payment of in-lieu park fees for increasing demand upon public parks will also be required to mitigate parks and recreation impacts to below a level of significance. Parks/recreation mitigation is listed on page 144 of the FEIR. N,q~q Page 10, Item lL.\ f\ Meeting Date 8/25/92 13. Public ServiceslUtilities School Imuacts: Significant, But Mitigable The project will introduce 105 new elementary school and high school students into the area. Both School Districts have been operating above permanent capacities, therefore, any additional students will have a significant impact on school facilities. Mitil!:ation: The Chula Vista Elementary School District is recommending annexation into a new Community Purpose Facility (CFD No.7). The Sweetwater Union High School District is also requesting annexation into a CFD. The applicant has met with the District and is currently discussing the creation of CFD 7 which would service both Telegraph Canyon Estates and Salt Creek Ranch. Mitigation of school impacts is outlined on page 157 of the FEIR. Water Availabilitv Imuacts: Significant and Unmitigated Because Southern California is in its sixth consecutive critically dry year, new residential development has the potential for significant water availability impacts. The project will result in an estimated daily residential water demand of 210,000 gallons. Mitil!:ation: The County Water Authority is recommending a voluntary 10 percent reduction in water consumption for new development through the use of low flow fixtures and drought- tolerant landscaping. Prior to the recordation of the Final Map, a will-serve letter will be required from the Otay Water District to verify that water facilities are available to serve the project site. Water availability mitigation is outlined on page 157 to 158 of the FEIR, as well as the requirements of the Water Conservation Plan. 14. Public Health Less Than Significant Imuact: An existing SDG&E transmission line corridor transects the eastern project boundary containing twin 230 kV lines. Recent studies have been conducted regarding the potential health effects of human exposure to the electric and magnetic fields (EMF) created by transmission lines. The current status of the EMF issue is that there is no / ~ A 'It) Page 11, Item ) \Ie ~ Meeting Date 8/25/92 scientific consensus regarding whether EMF exposure produces health impacts, and additional studies are underway. Mitilmtion: There are currently no City policies limiting public exposure to EMF. Therefore, the EIR states that the applicant shall comply with any future EMF policy adopted by the City prior to consideration of the Final Map. ALTERNATIVES ANALYSIS Like the requirement to describe mItigation measures, the requirement to provide project alternatives with an EIR is critical to CEQA's mandate to void significant environmental effects, where feasible. This EIR describes a "range of reasonable alternatives to the project, or to the location of the project, which could reasonably attain the basic objectives of the project," as well as a comparative analysis of the merits of these alternatives. The alternatives analysis contained in the EIR focused on alternatives which were capable of eliminating significant project impacts or reducing them to a level of insignificance. The alternatives analysis discussion is on pages 175 to 179 of the FEIR. CONCLUSION The proposed Telegraph Canyon Estates Project will result in significant, unmitigated impacts to air quality (cumulative), biology, and water availability (region-wide). Onsite and offsite project alternatives were analyzed, and the "No Project" Alternative was the only alternative that would avoid all significant impact. The "No Project" alternative is therefore environmentally superior to the proposed project, however, project objectives cannot be met with this alternative. Therefore, it is not determined to be a more appropriate alternative than the proposed project. FISCAL IMPACT: Not Applicable. WPC F:\home\pluming\22.92 ILl-A -II/iliA ../2.. RESOLUTION NO. ) ~1 b 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVmONMENTAL IMPACT REPORT FOR A PREZONE, AMENDMENTS TO THE EASTLAKE I GENERAL DEVELOPMENT PLAN (GDP) AND PLANNED COMMUNITY DISTRICT (PCD) REGULATIONS, SECTIONAL PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES FINANCING PLAN (PFFP) , Am QUALITY IMPROVEMENT PLAN (AQIP), AND WATER CONSERVATION PLAN FOR TELEGRAPH CANYON ESTATES (Em 91-05) SCH # 91071033 WHEREAS, the area of land which is the subject matter of this resolution is identified as a portion of Assessor's Parcel Number 595-0-70-22 consisting of 112.4 acres, denoted as the "Project Site" on the attached Exhibit N ("Project Area"); and, WHEREAS, an entity having control over all or a portion of the development of the Project Area has proposed the redesignation of the Project Area as follows: 26.1 acres to Open Space and Park/Recreational Facilities; 1.5 acres to Community Purpose Facility; and 9.4 acres as a future State Route 125 easement, as shown on Exhibit B ("Proposed SPA Site Utilization Plan"? WHEREAS, the Staff of the City ("Staff') has determined that it will be necessary for the City to "approve" the Project by consideration, now or in the future subject to the discretionary activities identified in Section 1, "Executive Summary" under the sub-section thereof, entitled "Project Description; and, WHEREAS, based on a preliminary review of the Project, the Staff has determined that the Project may have an adverse impact on the environment; and, WHEREAS, the Staff has determined that the Project is not exempt, either statutorily or categorically, from compliance with the statutory duty, as set forth in the California Environmental Quality Act ("CEQA") to prepare an environmental impact report (Guidelines 15061); and, WHEREAS it was concluded that there is substantial evidence, or a reasonable inference from substantial evidence, that the Project may have a significant adverse effect on the environment (Public Resources Code ("PRC") Section 21100, 21151) and therefore determined to cause to be prepared an Environmental Impact Report ("EIR") on the Project; and, IFigure 3 from ErR page 6 2Figure 5, page 11 of ErR \ ~ 'r\ - (~ WHEREAS, the City retained the services of a Consultant to prepare the DEIR on the Project; and, WHEREAS, a Draft Environmental Impact Report, dated May, 1992, ("DEIR") evaluating the proposed Project was prepared; and, WHEREAS, on May 21, 1992, the Staff filed a notice of completion ("NOC") of the preparation of the DEIR with the Office of Planning and Research (Guidelines 15085[a]), and indicated therein that the period for State Agency review and receipt of comments would be from May 21, 1992 to July 6, 1992; and, WHEREAS, on May 13, 1992, the Staff mailed through the United States Post Office a Notice of Availability ("NOA") of the preparation of the DEIR to properties within 1,000 feet of the project site, and indicated therein that the period for public review and receipt of comments would be from May 13, 1992 to July 22, 1992 ("Public Review Period"), and at the same time of said mailing, published or otherwise gave in the manner required by law a notice of the availability of the DEIR ("Notice of Availability") to the general public by newspaper publication in the Star News on May 20, 1992; and, WHEREAS, the DEIR was transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and comment; and, WHEREAS, written comments from the public on the DEIR were accepted during the Public Review Period; and, WHEREAS, as a result of comments from the public and other public agencies, no significant new information was added to the DEIR, and the City has determined that the DEIR did not need to be recirculated (PRC 21092.1); and, WHEREAS, on July 22, 1992, the City Planning Commission, which is the designated commission of the City for this purpose, held a public hearing for the purpose of evaluating and responding to public comments, and in connection therewith, accepted public testimony on the DEIR; and, WHEREAS, City has provided response to comments made by any public agency on the DEIR before certifying a Final EIR (PRC 21092.5); and, WHEREAS, agency and public comments have been addressed in the Final Environmental Impact Report ("FEIR") for the Project; and, Resolution (SCH #91071033) August 25, 1992 of the City Council of Chula Vista Certlfymg FEIR 91-05 Page 2 l~i\-I~ WHEREAS, the Final Environmental Impact Report was prepared in accordance with the provisions of the California Environmental Quality Act and its applicable Guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. The Final Environmental Impact Report. The Final Environmental Impact Report for the Project consists of: A. Final Environmental Impact Report (EIR 91-05) SCH # 91071033, dated July, 1992, which contains (1) The DEIR and comments on the DEIR; (2) Responses to Comments on the DEIR; and, (3) A Mitigation Monitoring and Reporting Program B. Appendices (A through J) to the FEIR 2. Certification. The FEIR is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines (Guideline 15090) . 3. FEIR Reviewed and Considered. The FEIR has been reviewed and considered by the City Council of the City of Chula Vista (Guideline 15090) prior to approval of the Project; and, 4. Resolution Not to Be Deemed Project Approval. Nothing herein shall be deemed to constitute approval of the Project. 5. Record of Proceedings. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; shall make Resolution (SCH #91071033) August 25, 1992 of the CIty Council of Chula Vista CertIfying FEIR 91-05 Page 3 \'-\:1\- l S a minute of the passage and adoption thereof in the record of the proceedings of the City Council of said City in the minutes of the meeting at which same is passed and adopted. Presented by Approved as to form by U;ft{ U Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney of the City Council of Chula Vista Certifying FEIR 91-05 Resoluuon (SCH #91071033) August 25, 1992 JLtfl.-IJo Page 4 - , \ \ I I I I , " SAN MIGUEL . MOUNTAIN <( t:1 !!1 :I; >< UJ EASTLAKE PROJECT SITE ~sr H , ~~~ , , ~.. ~, " 1]f No Scale Ba.. Map From FORMA, 1"1 Affinis Shadow Valley Center 847 Jamacha Road EI~on.~ 92019 RELATIONSHIP OF SITE . TO OTAV RANCH AND EASTLAKE PROJECT AREAS . \\4;)\-1 FIGURE 3 12'" U"" )In;1 lIa-J-i~ If I t Jhl 1 flln J p t I ~ 11111 II ill. ~ J I' ~n I .::I ,... .1&' hI . 4101 IZ'_ -..-... -- ------ ~ i II JII" I I ! ! lln l Jl ~:[ lllJ~ l'-tH\\_1 ~ . .. '. II) III II: ::l l! z o ~ ~ ~ I/) f I/) fa ~ If I ... f ~]- ~ ~ Jl~ i ~ Ii! III ::: l- iD i: x UJ = t RESOLUTION NO. EIR-91-05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT FOR A PREZONE, AMENDMENTS TO THE EASTLAKE I GENERAL DEVELOPMENT PLAN (GDP) AND PLANNED COMMUNITY DISTRICT (PCD) REGULATIONS, SECTIONAL PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN, AND WATER CONSERVATION PLAN FOR TELEGRAPH CANYON ESTATES, (EIR 91-05) SCH #91071033 WHEREAS, the area of land which is the subject matter of this resolution is identified as a portion of Assessor's Parcel Number 595-070-22 consisting of 112.4 acres, denoted as the "Project Site" on the attached Exhibit A' ("Project Area"); and, WHEREAS, an entity having control over all or a portion of the development of the Project Area has proposed the redesignation of the Project Area as follows: 80.7 acres to Low to Medium Residential (3 - 6 du/ac); 26.1 acres to Open Space and Parks/Recreational Facilities; 1.5 acres to Community Purpose Facility; and 9.4 acres as future State Route 125 easement, as shown on Exhibit B ("Proposed SPA Site Utilization Plan"? WHEREAS, the Staff of the City ("Staff") has determined that it will be necessary for the City to "approve" the Project by consideration, now or in the future subject to the discretionary activities identified in Section 1, "Executive Summary" under the sub-section thereof, entitled "Project Description", of the FEIR; and, WHEREAS, based on a preliminary review of the Project, the Staff has determined that the Project may have an adverse impact on the environment; and, WHEREAS, the Staff has determined that the Project is not exempt, either statutorily or categorically, from compliance with the statutory duty, as set forth in the California Environmental Quality Act ("CEQA") to prepare an environmental impact report (Guidelines 15061); and, WHEREAS it was concluded that there is substantial evidence, or a reasonable inference from substantial evidence, that the Project may have a significant adverse effect on the environment (Public Resources Code ("PRC") Section 21100, 21151) and therefore determined to cause to be prepared an Environmental Impact Report ("EIR") on the Project; and, 'Figure 3 from EIR page 6 2Figure 5 page 11 of EIR )4 A - \'1. WHEREAS, the City retained the services of a Consultant to prepare the EIR on the Project; and, WHEREAS, a draft Environmental Impact Report, dated May, 1992, ("DEIR") evaluating the proposed Project was prepared; and, WHEREAS, on May 21 1992, the Staff fIled a notice of completion ("NOC") of the preparation of the DEIR with the Office of Planning and Research (Guidelines 15085[a]), and indicated therein that the period for State Agency review and receipt of comments would be from May 21, 1992 to July 6, 1992; and, WHEREAS, on May 13, 1992, the Staff mailed through the United States Post Office a Notice of Availability ("NOA") of the DEIR to properties within 1,000 feet of the project site, and indicated therein that the period for public review and receipt of comments would be from May 13, 1992 to July 22, 1992 ("Public Review Period"), and at the same time of said mailing, published or otherwise gave in the manner required by law a notice of the availability of the DEIR ("Notice of Availability") to the general public by newspaper publication in the Star News on May 20, 1992; and, WHEREAS, the DEIR was transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and comment; and, WHEREAS, written comments from the public on the DEIR were accepted during the Public Review Period; and, WHEREAS, as a result of comments from the public and other public agencies, no significant new information was added to the DEIR, and the City determined that the EIR need not be recirculated (pRC 21092.1); and, WHEREAS, on July 22, 1992, the City Planning Commission, which is the designated Commission of the City for this purpose, held a public hearing for the purpose of accepting public testimony on the DEIR; and, WHEREAS, City has provided responses to comments made by any public agency on the DEIR before certifying a final EIR (pRC 21092.5); and, WHEREAS, agency and public comments have been addressed in the Final Environmental Impact Report ("FEIR") for the Project; and, WHEREAS, the Final Environmental Impact Report was prepared in accordance with the provisions of the California Environmental Quality Act and its applicable Guidelines. PC Resolution EIR-91-05 August 12, 1992 Page 2 If A- 2-D NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council find, determine, resolve and order as follows: 1. The Final Environmental Impact Report. The Final Environmental Impact Report for the Project consists of: A. Final Environmental Impact Report (EIR 91-05) SCH # 91071033, dated July, 1992, which contains (1) Comments on the DEIR; and (2) Responses to Comments on the DEIR. B. Appendices (A through J) to the FEIR 2. Certification. The FEIR is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines (Guidelines 15090). 3. FEIR Reviewed and Considered. The FEIR has been reviewed and considered by the City Council of the City of Chula Vista (Guidelines 15090) prior to approval of the Project; and, 4. Resolution Not to Be Deemed Project Approval. Nothing herein shall be deemed to constitute approval of the Project. PC ResolutIon EIR-91-oS August 12, 1992 Page 3 I LfA - ;2/ Signature Page to Planning Commission Resolution EIR-91-05, dated August 12, 1992 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of August, 1992, by the following vote, to-wit: AYES: Chair Casillas, Commissioners Carson, Decker, Fuller, and Martin NOES: Commissioner Ray ABSENT: Commissioner Tuchscher Joe D. Casillas, Chair ATIEST: Nancy Ripley, Secretary (tceirpe.res) PC Resolution EIR-91-05 August 12, 1992 Page 4 /~A -v. - \ SAN MIGUEL MOUNTAIN ..: !::: !!l J: X w' EASTLAKE PROJECT SrrE ~ST H ~ ~~~ ~APH , , , '1 \~ \\ " ~~ " 1]r Ba.. Mlp From FORMA, 1"1 No Scal. Affinis Shadow Valley Center &41 Jamacha Road EI~on,~ 92019 RELATIONSHIP OF SITE . TO OTAY RANCH AN.D EASTLAKE PROJECT AREAS -23 FIGURE 3 ~ ! . J I I II I p q I , , I , IP-;i~ J If 1 t If u z I. ; 11)1 i 11111. I I if I f .::I f... 8.l' hI I . eg) 121__~ U j J J II U f f , , 1 1 tIn .h Ii ~:[ lHl~ .) ttA - ';"1 . . ~ III III a:: ;:, f! ~ ~ I; 5 f III I . ... "]j J .2 fi~ ~ ~ Ii! lXl I- iD :c x w ::: - - EXCERPT FROM RESOURCE CONSERVATION COMMISSION MINUTES OF JUNE 22, 1992 2. MaryAnn Miller reviewed EIR 91-05, Telegraph Canyon Estates (Baldwin). Discussion and Questions from Commission included the following: . Ghougassian - noise impacts from 125 could be a future impact. . Kracha - p. S-5. proposed project will precede the Otay Ranch project. What would happen if they do not become a part of Chula Vista? What happens to funding of Chula Vista schools? Steve Doyle of Baldwin, 11975 EI Camino Real, clarified. . Kracha - Ouestioned air Quality, park. recreation and open space. Park fees were collected and distributed within districts. It is noted Mello Roos is proposed for schools only. Builder fees pay for the public services. . Hall - Discussed fiscal impact study; profitable balance in Eastlake High School, considering elementary schools are going in the red. Auto license fees collected. Effect of tax money collected. Effect of traffic on 125 if it becomes a toll road. Subir Wada, City Engineer & Traffic discussed the toll road. . Ghougassian - air pollution and traffic. . Hall - exclusive mobile homes needs to be rezoned by council. Storage for water and water line to be built; until then, it's under permit allocation program from Otay Water. Following discussion, it was MSUP (Ghougassian/Fox) to recommend certification of the EIR 91-05, motion carried unanimously, 5-0. It was further moved and seconded (Kracha/Fox) to forward RCC's comment and concern of air pollution, cumulative unmitigated issues to the region; motion carried unanimously, 5-0. )~II_~5 DRAFl DRAFli -'J EXCERPT OFDRAFf MINUTES OF PLANNING COMMISSION MEETING OF 8/12/92 ITEM 1: CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR EIR-91-05, TELEGRAPH CANYON ESTATES SUBDIVISION - The Baldwin Company Environmental Review Coordinator Miller noted that the Draft EIR-92-05 for Telegraph Canyon Estates Subdivision had been circulated to the public and the responses to comments received during the period, including comments from the RCC, Planning Commission, and from the public testimony received at the July 22 public hearing were included in the Final EIR. The Final EIR also contained responses to comments received from the two local citizens who attended the Planning Commission hearing on the draft, Norm Ross and Veronica Sissons. Due to information obtained during the public review period and in preparation for the Final EIR, changes had been made to the level of significance determinations for biology and water availability. Ms. Miller stated that biology had been changed from "significant but mitigable" to "significant and unmitigated" since there was no off-site mitigation specific site which could be referred to at that time for a no-net-Ioss of wetland resources. It was being deemed significant and unmitigated; however, if a site was identified, the impact could be reduced to below a level of significance. The project applicant was working toward identifying a mitigation site. Ms. Miller said, also, that water availability impacts had been changed from "significant but mitigable" to "significant and unmitigated" on a regionwide basis, because there was no guarantee at the present time that reclaimed water would be available to the project site. If reclaimed water became available to the site, this could also be reduced below significance. Staff was requiring adoption of a statement of overriding considerations as a precaution. Commissioner Decker asked if the two unmitigated areas were included in the Statement of Overriding Considerations, would they have to be mitigated later? Ms. Miller answered that it was anticipated that the applicant would be mitigating those impacts; however, to comply with CEQA, the issues needed to be taken at face value, and the Statement of Overriding Considerations needed to be adopted. If, in the future, those impact areas were reduced, it would not be a concern. Commissioner Decker, referring to page 23 of the Final EIR, Site Seismicity, asked the potential impact to surrounding homes if the water tank is ruptured during seismic activity. He felt that should be included in the EIR. Ms. Miller answered that it was not required to be analyzed under CEQA, because it already existed. Those issues should have been analyzed at the time the water facility was being considered. Commissioner Decker was concerned with what would happen to the surrounding homes if the water tank burst. Marsha Gross, AFFINlS, the environmental consultant for the project, stated that the engineering standards for steel tank reservoirs were designed so those types of facilities were able to withstand earthquakes of a certain magnitude and adverse weather conditions. She believed that would have been analyzed when the Otay Water District proposed to install water facilities in that area, regardless of whether the area was developed at that time. Commissioner Decker referred to a tank located ;iflJ -2~ PC Minutes -2- August 12, 1992 in the desert which had broken recently, and was concerned with the possibility of flooding homes downhill from this tank. Commissioner Decker also asked how the .9 acres for wetlands evolved, and if it was an overflow from the EastLake development. The consultant said it met the Federal definition of a wetland, which includes wetland areas which have formed as a result of nuisance runoff. The biological value of this particular wetland was low; however, because it met the Federal definition, it had to comply. Commissioner Decker was curious as to how it could be a wetland if it didn't exist before the lake was installed at EastLake. Commissioner Decker asked about the open space area and if the ratio was usually included. Senior Planner Griffin said the scenic corridor was required by the General Plan, and the easements couldn't be constructed upon. The easements count for the total open space for the project even though they are required by planning documents or easements. The gross project density would include those areas. Regarding transportation, Commissioner Decker disagreed with the conclusion that traffic was mitigable. He felt that the cumulative effects made it significant and unmitigable. He asked staff to explain their rationale. Environmental Review Coordinator Miller explained that the traffic report determined that although certain segments and intersections would be lowered in the level of service, it was not deemed to be significant. Looking at the future traffic improvements anticipated in the area although now there could be an impact, given the probability that improvements would be made in the area, it is determined insignificant based on certain assumptions. Senior Planner Griffin added that one of the conditions of approval was that the Telegraph Canyon Estates project would be subject to an allocation program which would result from a study that was underway on the SR-125 corridor. Projects currently in the pipeline are cumulatively more than the system can handle without the SR-125 corridor. The allocation program would be initiated and no building permits or tentative maps could be approved for this project until the study is complete. This project would have to comply with that allocation program. Commissioner Decker wished for the City Council to be aware of the cumulative impacts, and that they were not mitigable now or in the near future. SR-125 would not be built soon, and the Council needed to say they could live with that, and vote for the Statement of Overriding Considerations on that basis. MSC (Decker/Carson) 5-1 (Commissioner Ray voted against; Commissioner Tuchscher absent) that the Planning Commission adopt a resolution certifying the Final ElR, excluding the Mitigation Monitoring and Reporting Program, has been prepared in accordance with CEQA, the State CEQA Guidelines, and the environmental procedures of the City of Chula Vista. /~A - ~'7 PC Minutes -3- August 12, 1992 MSC (Decker/Fuller) 5-1 (Commissioner Ray voted against; Commissioner Tuchscher absent) to certify that the Planning Commission has considered the infonnation contained in the EIR prior to reaching a decision on the project. Commissioner Ray stated he had voted "no" on the recommendation to certify the Pinal EIR, because he had voted against certification when he had sat on the Resource Conservation Commission. He wished to maintain that consistency. He had an ongoing concern with the cumulative impact of any of the EIRs. ITEM 2: PUBLIC HEARING: PCZ-92-A AND PCM-91-07: CONSIDERATION OF PREZONING, GENERAL DEVELOPMENT PLAN AND P-C REGULATION AMENDMENTS, SPA PLAN AND PUBLIC FACILITIES FINANCING PLAN FOR TELEGRAPH CANYON ESTATES - Baldwin Vista Associates Senior Planner Griffin showed some exhibits of the project area, and described the project and the surrounding land uses. The proposal was for a maximum of 350 detached single-family lots with three dwelling-unit types. Mr. Griffin noted that the project called for private streets and was a gate-guarded community. He explained the contouring of the grading, and the slope variation and the 30' maximum height of the internal slopes and noted that a two-story dwelling would practically obscure them from the public view from both Telegraph Canyon Road and the internal street system. Mr. Griffin explained the buffering and separation from the adjoining homes, and the landscaping of the area. Staff preferred public streets and recommended that I) if the Commission accepted staff request to require public streets, the main spine street be cul-de-saced and any through traffic use another, more circuitous, route to slow traffic going downhill; and 2) that the community purpose facility sites be combined into one site and either move them to the project entry or adjacent to the common open space area in the center of the project; or preferably locate a community purpose facility off-site south of Telegraph Canyon Road in the first phase of Otay Ranch, assuming an agreement could be reached with the City to provide that site in the Otay Ranch. If not, it would go back to one of the on-site alternatives which moved it away from the existing residents and into the project itself. Senior Planner Griffin noted an amendment to the traffic study showed that a public street system would not generate any adverse impacts on the surrounding street network. Also included in the recommendations was adoption of the water conservation and air quality plans, which are required in conjunction with the SPA Plan. Based on the findings in the report, as amended by a memo forwarded to the Commission prior to the meeting which added one finding to the Planned Community findings, staff recommended approval of the project. Commissioner Decker asked if the streets as planned would be adequate for public streets, as well as private. Senior Planner Griffin concurred. He noted that the central spine street additionally provided for a parkway between the curb and sidewalk and a wider sidewalk on the )'fA - 28' PC Minutes -4- August 12, 1992 westerly side to provide a trail connection through the project. The proposal was to allow the trail to be used by the public. Even though vehicles could not use the street system, pedestrians and bicyclists would be able to use the spine street under the private street scenario. Commissioner Ray asked if there was any provision for drainage of runoff from the EastLake property. Mr. Griffin noted the applicant had answered affirmatively. Referring to page 2-2, #4, Commissioner Carson asked when the water offset policy would be available. Assistant Planning Director Lee said it was still under development by the Environmental Resources Manager. In answer to Commissioner Carson, Mr. Griffin said the applicant was subject to the full park fees. Private facilities are not credited against the public needs. Commissioner Carson questioned the finding regarding private recreation sites and common open space contributing to long-term liveability. Commissioner Carson, regarding the fourth finding, did not feel a private recreation area would supplement the public. Senior Planner Griffin said they were not replacing the public park facilities but were supplementing the private yard spaces. Commissioner Carson also asked from what adverse impacts were the surrounding areas being protected. Mr. Griffin answered it would be from the noise and activity associated with the recreation areas if they were located adjacent to the adjoining homes. Commissioner Carson asked if the community facilities district for Salt Creek Ranch had been established. Environmental Coordinator Miller answered that it was CFD #7, and was in the process of being established. Commissioner Carson was concerned with the finding. Mr. Griffin assured her that the project proponent was working with the school districts to form the district to include both projects at once up front. The Telegraph Canyon Estates project would not come up later; it was being formed to include both projects at this point. Commissioner Carson felt the facility would take place anyway, because the project had been approved. The formation would already take place with the Salt Creek Ranch project. She felt the wording for this finding was wrong. It was explained that the formation of the district with both projects was preferable from the District's point of view. Commissioner Carson, referring to 1-20, under Community Tax Structure, asked the rate of vacancies of newly constructed homes in the City of Chula Vista. Mr. Griffin did not know the rate, but based on financing constraints, most of the new developments were being constructed in small increments based on commitments. He did not feel there were many vacant units, although the market was slow. Commissioner Carson was concerned with the number of homes being built. Commissioner Carson asked if the Health Department monitored the area for mosquitos. Ms. Miller said the burden would be on the homeowners to complain to the appropriate agency. )~A-)'~ PC Minutes -5- August 12, 1992 Anytime there is standing water, it would be attracting potential vectors and it could become a nuisance to the homeowners in the area. Commissioner Carson, regarding input of fertilizer, pesticides, and herbicides into the drainage asked who would be dumping this. Senior Planner Griffin answered that the common recreation areas would probably be replaced by private lots. There wouldn't be private facilities, so there may be more use of household-type pesticides and fertilizers that would be adjacent to the central swale area. Questioning page 15 of the engineering report and discussion of landscape maintenance on page 2-41 of the General Development Plan, Commissioner Carson asked if the homeowners association could specify certain types of drought-resistant plants or irrigation on private lots. Mr. Griffin said it would be feasible and the Commission could include that as a recommendation; however, the implementation and enforcement by the homeowners group may be difficult. Commissioner Carson was concerned with outside water usage and felt the Commission needed to take a stand. Assistant Planning Director Lee suggested two possibilities: 1) that there may be a specific limitation of water for each homeowner citywide, with the choice being the homeowner's as to how to use it; and 2) the City may adopt a standard on a citywide basis relating to landscaping. He felt that would be easier than trying to impose limitations on certain areas. Commissioner Casillas noted that was the intent of developing a proposal to develop the comprehensive plan in coordination with the Metropolitan Water District. It doesn't Seem to be a priority with the elected officials; Commissioner Casillas thought the Commission's concern should be reiterated. Commissioner Casillas concurred with Commissioner Carson that education of the people regarding water usage was very important. Assistant Planning Director Lee assured the Commission that staff is still working with the water policy issue, plus working with the developers to provide education to the homebuyers. Commissioner Fuller asked what the City's role was in the negotiation with the applicant regarding a community purpose site off-site. Senior Planner Griffin said it would be a mutual agreement between the City and the developer that the site is appropriate for a community purpose facility and the City would have to agree to that. It would take place in the first phase of Otay Ranch, so it could be brought on line as soon as possible. There would have to be some assurances that the property would be coming into the City and it would be available within a certain time. Mr. Griffin stated that the applicant had indicated compliance with that condition, as written, so if the agreement couldn't be reached before this project was built out, the CPF site would need to be provided on site in one of the two alternate locations. Commissioner Fuller was of the opinion that the locations indicated in the project site behind the water tower were appropriate or adequate. She asked if an alternate off-site location were found, would the entire project have to be redesigned. Senior Planner Griffin answered that those areas could be parceled into some additional single-family lots. ) ~ A - do PC Minutes -6- August 12, 1992 Commissioner Fuller questioned the possible reduction in density; when the reduction could be made. Mr. Griffin said there may be a minor adjustment in the basic yield for grading and interface and compatibility during review and consideration of the tentative map. The lower density alternative was an exercise through CEQA which had to be included in the document, but no specific design proposal had been made for a lower density project. Any reduction in the number of lots would be done at the tentative map stage; however, the Commission could condition the approval of the SPA with any specific direction, it could be considered when working with the applicant at the tentative map stage. Senior Planner Griffin pointed out that condition 38, page 2-5, provided that approval of the SPA Plan was not necessarily approving a certain yield, and it could change with the tentative map. Commissioner Fuller said she would feel more comfortable with 280 units rather than 350. She was uncomfortable with the density of EastLake and continuing that trend east. Assistant Planning Director Lee pointed out that the lot sizes were either equal to or greater than the lots generally in the area and were consistent with the development in the area. Commissioner Decker asked the total number of lots in the plan, exclusive of the CFD lots. Mr. Griffin answered there were approximately 341; with the replacement of the CFD sites with lots, a maximum of eight lots could be placed there, which would keep the total below 350. There was a condition included which would keep the maximum at 350. Commissioner Decker, referring to page 5 of the mitigation conditions, #34, asked why 3' wide solid base for fences. Mr. Griffin said it was a requirement of the Parks & Recreation Department for walls or fencing which fronts upon open space maintenance districts. Without the solid base, there was a problem of maintenance--demarcation between the open space district and private yards. Commissioner Decker asked what would happen to the overflow of water from EastLake. Mr. Griffin explained that it would be taken underground through the primary north/south spine street system down to the channel. Commissioner Ray, regarding public versus private streets, was concerned about the impact to the residents in regard to children crossing the road, and additional traffic coming from the College Estates and potentially from EastLake. Would more street lights or signs be required in the project itself! Mr. Griffin stated the traffic consultant had considered that and did not feel there would be any adverse impacts in the sense of facilities, thresholds, or service. There would be a signal at Telegraph Canyon Road, and opportunity for pedestrians to cross the street with the signal. Also, the internal system would be reconfigured to slow through traffic. Commissioner Ray asked if the gated community would significantly reduce traffic. He was concerned with the safety of children accessing the park across the street rather than the ) 'fA - .3 I PC Minutes -7- August 12, 1992 threshold standard. Senior Planner Griffin said there would be some additional traffic with public streets and a potential safety factor, but not considered significant by the experts. There was general discussion by the Commissioners regarding the conditions relating to public versus private streets. This being the time and the place as advertised, the public hearing was opened. Steve Doyle, representing Baldwin Company, 11975 El Camino Real, San Diego, 92130, said he was impressed with the Commission's attention to detail. He gave some background of the project, and described the procedure used to develop the current property. Mr. Doyle said they were proposing a private, gate-guarded community. They wanted to have an identity, something different, which would create a reason for homebuyers to look at the project. Mr. Doyle felt that through traffic by automobiles would be restricted by a gate-guarded community, but they were encouraging pedestrian and bicycle traffic. Mr. Doyle agreed that was not a good place for the community purpose facility sites, but as a gate-guarded community, there were no good CPF sites in the project since they needed public access. They would be working with staff to come to an agreement to relocate those facilities to the first phase of Otay Ranch. Regarding the cumulative impact on water availability, Baldwin was proposing and was conditioned to dual pipe the project, providing reclaimed water piping for the project by hooking up to the EastLake project when it is constructed. If it is not hooked to EastLake, it will be hooked into the Otay Ranch project during its first phase of construction. Baldwin would also provide .9 acre offsite mitigation for the biological impacts regarding wetlands. There would be underground piping from the bottom of the slope to the drainage channel in front of the project to handle the drainage from EastLake. Mr. Doyle stated the project added traffic to the project, but it did not go over the level of service thresholds which were required to be met by the Growth Management Plan. Cumulatively, there is an excess of traffic; City staff is working with a consultant to develop an allocation program; the project could not get an approved tentative map or pull a building permit until that allocation program is decided. Regarding Community Purpose Facility #7, Mr. Doyle said it had been announced by the Elementary School District that the application had been accepted to create CPF #7. One CPF with the two projects is a better mechanism to provide the facilities for the School District. Commissioner Fuller asked Mr. Doyle if the private streets would increase the fees of the homeowners. Mr. Doyle said there was an estimated monthly homeowners association fee of $125 to $150 per month, with a private gate-guarded community including the maintenance of the streets according to City standards, swimming pool, spa, tennis courts. There would be a Mello-Roos for school facilities; there would not be an assessment district or any other type of financing district for the public facilities because they were local-serving only. JifA -- 301. PC Minutes -8- August 12, 1992 Commissioner Ray asked if the maintenance of the streets included chip-seal. Mr. Doyle replied affirmatively. Commissioner Casillas asked if there was a provision for parking RVs. Mr. Doyle said there had been discussion with San Diego Gas & Electric who has an easement which runs along the easterly property line and had agreed to allow parking for the tennis courts and a certain number of RV spaces. Commissioner Decker questioned how the gated section would be handled if the northwestern lots were included in the project, rather than as CPF lots. Using overhead projection, Mr. Doyle showed examples of how that would be done. No one else wishing to speak, the public hearing was closed. Chair Casillas asked Senior Planner Griffin to summarize the recommendation of staff and the options to amend the recommendations. Mr. Griffin stated that the primary unresolved issue between staff and the applicant was the public versus private street issue. By accepting the staff recommendation, as submitted to the Commission, a public street system would be required rather than a private. If the Commission preferred a private street system, the Commission should exclude condition no. 11. By adopting the conditions as proposed, the Commission would also be providing the applicant with the alternative of providing the CPF site off the property. If agreement could not be accomplished between staff and the applicant regarding the CPF site, it would be relocated from the northerly boundary at another more appropriate location on the property. Commissioner Fuller, regarding public versus private streets, asked if private streets would lend more safety for children and access to EastLake Park. Commissioner Ray said he was concerned with the additional danger in the project area by going to a public road system rather than the private. Commissioner Fuller concluded that the concern was with additional through traffic for people wanting to access the EastLake project by entering this project. Commissioner Ray added that those accessing the eastern portion of the College Estates area may go through this project. Senior Planner Griffin explained that if the option to adopt the staff recommendation for public streets, another condition would require that the spine street would be cul-de-saced and through traffic would be rerouted. This would require a more circuitous route and slow through traffic. Commissioner Decker suggested that the Commission vote in two parts in order to segregate the issue of the street system. )'fA - a.3 PC Minutes -9- August 12, 1992 MS (Fuller/Martin) that based on the rmding contained in Section D of the staff report, that the Planning Commission adopt a motion recommending that the City Council approve PCZ-92-A and PCM-91-07; Consideration of Prezoning, General Development Plan and P-C District Regulation Amendments, SPA Plan and Public Facilities Financing Plan for Telegraph Canyon Estates, subject to Conditions 1 through 10, and 16 through 39, including the rmding that the proposed prezoning is consistent with the City of Chula Vista General Plan. Assistant Planning Director Lee suggested that the Commission may wish to add a condition condition which indicated that full park fees would be required of this project which would be used to pay for and develop other parks in the area. This had been a concern of Commissioner Carson. Commissioner Carson stated she felt it should be included. Commissioner Decker asked if the Commission voted to make this project public, would that portion of the development which is parkland reduce the park fee. Mr. Lee answered negatively. They would still be private parks. Commissioner Carson said that based on Condition 38, since the Planning Commission would have an opportunity to look at the number of dwellings that would be there, she had some suggestions regarding reduction in density. VOTE: 6-0 (Commissioner Tuchscher absent) MS (FullerlRay) that the project be allowed to contain private streets. Commissioner Decker asked if it would not be better to vote on items 11 through 15 in one package. RESTATEMENT OF MOTION: Commissioner Fuller made a motion that conditions 11, 12, 13, 14, and 15 be deleted. Senior Planner Griffin stated that item 15 was related to walls and could stand on its own. Commissioner Ray clarified that approval of any or all of items 11 through 15 would still be subject to tentative map approval for configuration of the street and roadways. There was discussion regarding which conditions should remain for the project to go ahead with private streets. Commissioner Carson asked staff if conditions 12, 13, and 14 should be considered. )'l-A ... .a~ PC Minutes -10- August 12, 1992 Senior Planner Griffin said if it was the desire of the Commission to go with private streets, would there also be a desire to have the street network reconfigured. If the Commissioners voted to accept the private street system, the conditions would be adjusted accordingly. Commissioner Fuller clarified that the motion should incorporate private streets, the design of which should be subject to review and approval of the City Engineer. Senior Planner Griffin concurred. RESTATEMENT OF MOTION: MS (Fuller/Ray) that the project should incorporate private streets, the design of which would be subject to approval of tbe City Engineer. Discussion: Commissioner Carson said she would vote 'no' because she felt they should be public streets. Because of prior experience, she felt the project would come back for the City to take over maintenance of the streets. Assistant Planning Director Lee said that situation had occurred where streets met structural street standards but not necessarily the street width. This project met all City standards; there was on the part of staff, however, a concern that homeowners generally are not equipped to handle street maintenance. If it is not taken care of in a systematic fashion, the streets start to deteriorate before they realize the expense which would be involved in maintaining the streets. He said it was a concern of staff that the people would come back to the City for maintenance. In this case, there would be a homeowners association because of the private amenities and there would be more communication. Also, because it was a large area, and there would be an effect on the overall circulation with a large gated community. Commissioner Decker asked how many miles of street were in the project. Mr. Lee answered there were approximately 3 miles. Commissioner Carson noted that she would vote for the public street system. Commissioner Ray asked if the City could be contracted to maintain the roads on a regular basis paid for through the homeowners fees, so they could maintain their gated community but still be required to maintain it at a regular interval using the same contractor. Senior Civil Engineer Ullrich answered that the main reason was the liability which the City would incur by maintaining it and having equipment there. There was a possibility of suit if there was a problem. The City preferred not to. The streets should be totally public or totally private. I~A - ~{"" PC Minutes -11- August 12, 1992 The Chairman had temporarily left the meeting, so Vice-Chair Decker declared a 3-minute recess at 9:20 p.m. The Commission reconvened at 9:23 p.m. MOTION WITHDRAWN: Commissioner Fuller, after further consideration, withdrew her motion. MSUC (Decker/Carson) 6-0 (Commissioner Tuchscher absent) to accept Conditions 11, 12, 13, 14, and 15 as stated. ITEM 3: ADOPTION OF CEQA FINDINGS AND OVERRIDING CONSIDERATIONS -TELEGRAPH CANYON ESTATES SUBDIVISION, EIR-91-05 MS (Decker/Martin) that the Planning Commission recommend that the City Council adopt the attached CEQA Findings and Statement of Overriding Considerations. Commissioner Carson asked for change of wording to No. 5 of the Statement of Overriding Considerations as follows: "Approval of the project will enhance formation of new Community Facilities Districts (CFD) for city schools." The maker of the motion and the second accepted the modification. RESTATED MOTION: That the Planning Commission recommend that the City Council adopt the attached CEQA Findings and Statement of Overriding Considerations, with the cbange in language incorporated. VOTE: 6-0 (Commissioner Tuchscher absent) /ifA- ~ /L/IJ WATER CONSERVATION PLAN FOR THE TELEGRAPH CANYON PROJECT MAY 1992 Wilson Engineering Consulting Engineers )L/4 ~37 Introduction In recent years, due to the ongoing drought conditions in California, the subject of water conservation has been given increased attention. The growing awareness of the need and value of water conservation has been sparked by local and regional water purveyors concerned about meeting the water demands of their customers during a time where water supplies have diminished. Water conservation provides an alternative approach to the dual problems of increasing demand for water in a community and finding new water sources to meet that demand. The intent of water conservation is to manage water demand so that the customers get the same service from less water. Much has been done to educate consumers about the serious implications of a long-term drought and the need for water conservation, but there is a practical limit to the percentage reduction of water use in established communities. This limit is a result of the types of plumbing fixtures installed in existing homes as well as the difficulty in altering consumers' established pattern of water use. Anywater conservation effort, voluntary or mandatory, requires the cooperation of the public. Public information should be utilized to inform and convince the consumer that a change in personal water use habits is in everyone's best interest. The best long term results are expected to be achieved by educating children in water conservation. In recent years, the private development sector has become more attuned to the concerns of water availability and has recognized the value of addressing water conservation issues throughout planned development projects. By incorporating low water use plumbing fixtures, promoting drought tolerant landscaping, and providing educational materials to homeowners within the development project, private developments can do much to cultivate an interest in water conservation and establish new patterns of water use. These efforts can have significant impacts with regard to reducing the need for securing and importing larger quantities of water for use in San Diego County. I /1//)-5/<:/ PurDose This report presents a review of the presently available technologies and practices which result in water conservation in primarily residential developments. The purpose of this report is to determine which of these technologies and practices are most cost effective to implement within the Telegraph Canyon project. Based on an analysis of cost versus benefit, this report will present recommendations for water conservation measures which will be incorporated into the planning and design of the Telegraph Canyon project. A proposed water conservation plan will identify the incremental costs associated with installing water saving technologies and present the long-term benefits with regard to water use reduction for the project. Proposed development within the Telegraph Canyon project boundary includes 350 single family residential units. Because this project consists of residential development only, the emphasis of this report will be on urban water control devices. Approximately half of the water used by residences in California is used outdoors. For this reason, several options are presented that serve to reduce outdoor water use. The latest water conservation devices will be presented along with an evaluation of their feasibility. Although not covered in detail, there are several secondary benefits to conserving water that should be kept in mind when reviewing material in this report. These benefits include reduced sewage flows, reduced natural gas use, and reduced electricity use. Using less water in the shower, for example, reduces the amount of energy required to heat the water and reduces the amount of water input into the sewer system. 2 /L//J-J C) Telel!raDb Canvon Proiect Water Use Water usage is affected by, among other things, climate and the type of development. In California, recent trends towards the construction of more multi-unit housing, the general reduction in residential lot size, and a number of local agency water conservation programs in effect are all tending to reduce per capita water consumption. Total water use within the boundaries of the San Diego County Water Authority is about 241 gallons per person per day and total use within the boundaries of the Otay Water District is about 223 gallons per person per dayl. These values take into account commercial, agricultural, and industrial water uses as well as residential use. The City of San Diego Water Utilities Department calculated that an average single family household used approximately 372 gallons per day in 1989. Assuming three persons per household, this equates to an average residential water use of 124 gallons per person per day. Based on 350 dwelling units and a household size of 3.22 people per dwelling unit, the expected population of the Telegraph Canyon development is 1,127. Table 1 shows the projected water use for the Telegraph Canyon project. Notice that the total projected water use is 286,280 gpd. It is anticipated that 94,248 gallons per day (average) of reclaimed water will be used within Telegraph Canyon for irrigation of easements, parks and maintained open space. This use of reclaimed water directly offsets potable water use on the Telegraph Canyon project by 33 percent, or an estimated 104 acre-feet per year. 3 /11/) ~ /.1 {J Table 1 Projected Water Use for Telegraph Canyon Domestic Indoor Domestic Irrigation Domestic Parksl CPF Open Spacel Parksl CPF 350 DUs 7.6 Acres 3.7 Acres 26.4 Acres 450 GPD/DU 3,570 GPDI AC 2,000 GPDI AC 3,570 GPDIDU 157,500 27,132 7,400 94,248 . Total Water Use 286,280 192,032 Potable Water Use Reclaimed Water Use 94,248 . Proposed to be irrigated with reclaimed water. Water Rate The water rate used to estimate the potable water savings in this study is $1.07 per 100 cubic feet. This rate represents an average that was computed from Section 25 of the Otay Water District's Code of Ordinances. Under this ordinance, the monthly charge is $0.91 per 100 cubic feet for the first 500 cubic feet of use and $1.16 per 100 cubic feet for water use from 500 cubic feet to 2,500 cubic feet. An average water use of 1,500 cubic feet per month was used to establish the average cost of potable water for the Telegraph Canyon project. Rates differ according to land use, but since Telegraph Canyon is a residential development, $1.07 per 100 cubic feet was considered appropriate. Based on the Code of Ordinances, the current cost of reclaimed water from Otay Water District is $1.17 per 100 cubic feet. 4 /~~4..L/ / Water Conservation Measures Implementing water conservation measures before the construction of a new development project provides an opportunity to include measures that might not be feasible or cost effective to retrofit within a developed area. There are several measures described below that would be expensive to retrofit, but may be cost effective if included in the initial construction. From the Department of Water Resources2, statistics on several indoor and outdoor water conservation measures were obtained and are listed along with a brief description below. The statistics represent results from surveys of manufacturers of the various water conservation devices. Indoor and outdoor measures are discussed separately. fNDOOR MEASURES Ultra-Low Flow Toilet - The ultra-low flow toilet is designed to reduce water used for toilet flushing to approximately 1.6 gallons per flush. This compares to a standard low flush toilet which is rated at 3.5 gallons per flush. Section 17921.3 of the California Health and Safety Code requires that all toilets in buildings constructed after January I, 1983 use a maximum of 3.5 gallons per flush. This standard will be used as a basis for evaluating the benefits of installing ultra-low flow toilets. It is expected that an ordinance will be passed by January, 1992 requiring ultra low flow toilets to be installed in all new construction. The toilet is the largest single inside use of water so large savings can be realized by installing ultra-low flow toilets. 5 ,/ L/ A ' !-/;J, Ultra-Low Flow Showerhead - Ultra-low flow showerheads reduce the flow rate for showers to 1.5 gallons per minute, whereas standard low flow showerheads use 2.75 gallons per minute. California regulations require that all showerheads sold in the state have a maximum flow rate of 2.75 gallons per minute. This standard will be used as a basis for evaluating the benefits of installing ultra- low flow showerheads. Faucet Aerators - Aerators can save water by reducing both the flow rate and splash, thereby increasing wetting effectiveness. Standard faucets have average rated flow rates of 3.25 gpm and faucets with aerators have a flow rate of about 2.75 gpm. This translates into a daily savings of about 0.5 gallons per person. Water Efficient Clothes Washer - Efficient clothes washers are designed to reduce the amount of water used per load. Efficient clothes washers may use about 45 gallons per load, whereas standard washers use about 55 gallons per load. Clothes washers are often supplied by the owner so it is often times their decision whether or not to install the more efficient and costly machines. Water Efficient Dishwasher - Efficient dishwashers, like clothes washers, are designed to reduce the amount of water used per load. Efficient dishwashers use about 11 gallons per load versus standard dishwashers that use about 14 gallons per load. Since dishwashers are usually installed in new construction projects, it is up to the developer whether or not to implement this measure. Water Pressure Reduction - Pressure reducing valves are used to lower water consumption through system leakage by reducing the pressure head to between 50 and 60 psi. Lower water pressure also reduces the flow rate from faucets in wash basins resulting in more efficient use of the water. This device is mainly useful in areas where water pressure is greater than 60 psi. 6 ) L). jJ ,/,/7 I',' / 7/ OUTDOOR MEASURES) ~- --</<- .- Water Conservation Guide - It is often a good idea to produce a landscape watering guide and distribute it to the homeowners of a new development project. The guide is designed to educate the homeowner on the efficient irrigation of landscaping. Studies have shown that increased public awareness and information is very important in an effective water conservation plan 3. Besides efficient irrigation, a home water conservation guide can include information on general conservation techniques, such as listing commonly available drought resistant plants, and explaining how to install efficient irrigation systems such as drip irrigation. A sample of some tips that should be included in a water conservation guide are - listed below. - . Select drought resistant plants. . Irrigate early in the morning. . Use drip irrigation as opposed to sprinklers to reduce evaporation losses. . Use soil moisture sensors for large turf areas. . Build basins around trees and plants to avoid water run off. . Use mulch around plants to absorb and retain water better. . Sweep sidewalks and patios rather than hosing them off. . Do not leave water running while washing car. 7 )li/?- JIll . Do not leave water running while washing dishes, shaving, or brushing teeth. . Check for and fix leaks in pipes, faucets, and toilets. This list is not intended to be all inclusive, but should provide some ideas on what to include in a water conservation guide. Low Water Use Landscaninl! - The purpose of this measure is to replace the fa...miliar ornamental plants imported from the east coast with olants thatare - more adapted to the hot and dry conditions of California. Thes lants require less water an ,II ITngated properly, will result in water savings. This measure is especially attractive in new developments because low water use plants are no more costly to plant than the familiar ornamental plants. Under this measure turf area is not reduced; the substitution is made in the border areas surrounding the turf. Water savings from low water use plants is estimated to be 7.5% of outdoor water use. Xeriscaninl! - Xeriscaping involves several principles that all serve to red uce water use. These principles include reduction of turf area, use of low water use plants, efficient irrigation, use of mulches to reduce evaporation from the soil, and appropriate maintenance. The limiting of turf size provides the most significant savings of water. Xeriscaping, while still attractive, can cut outdoor water use by 50% if maintained properly. Soil Moisture Sensors - Soil moisture sensors for automatic electronic systems I permit irrigation only when the turf needs water. Soil moisture sensors can produce impressive water savings while permitting accurate and unattended irrigation. Soil moisture sensors are particularly effective for large turf areas such as those typically found in parks and multi-family residential developments. It is estimated that this device can reduce outdoor water use in - these areas by 25 % . 0 '- 8 / L/4 .I;I~ Automatic Timer Shutoffs for Manual Hose Systems - In the event that a home is manually watered, automatic timer shutoffs are available for hoses so that it becomes convenient to irrigate more accurately. The hose is shut off automatically after the desired amount of time rather than when the homeowner returns to shut it off. The effectiveness of this measure is further increased if the homeowner has a knowledge of how long to irrigate. This device is expected to reduce outdoor water use by 15% for houses using hoses to irrigate. There are other types of irrigation systems available for use, but statistics on their effectiveness in saving water were not readily available. An automatic timer controlled sprinkler system is available and serves to eliminate the possibility of forgetting to turn off the sprinklers. Drip irrigation systems are also available. These systems reduce evaporation losses and losses due to wind blown spray. In the past few years there have been amendments to the Zoning Ordinance which establishes regulations and guidelines to conserve water on outdoor landscaping in projects requiring County approval. This trend is expected to continue to control the amount of water that will be used outdoors in residential projects. Water Conservation Costs Costs for the various water saving measures are listed in Table 2. The incremental cost presented in Table 2 represents the additional amount of money required per household to implement a water conservation device, as opposed to a standard device, in new construction projects. The benefit over the service life of a measure is divided by its incremental cost to determine the benefit/ cost ratio, as shown in Table 3. The higher the benefit of a measure is relative to its cost, the more feasible it is to implement. A benefit! cost ratio of 1 implies that the benefits received from a measure are equal to the cost of implementing that measure. Therefore, all water conservation measures in Table 3 with a benefit! cost ratio greater than 1 will more than pay for themselves in water savings if implemented. Also, remember that additional benefits are received by reduced sewage volume and energy savings. All cost data was revised to January 1991, dollars using an ENR-CCI-LA of 59954. 9 / L-/4 - L-/~' Table 2 Costs for Water Conservation Devices (All Costs in January 1991 Dollars) < ..i.~...... StaJldll.rd Low Water Incremental ~~o;'u. ..... Co~t, U$e COd, 1\ ....... < CQst, < ......... .<< douars delllar. 1,EJ)tJ ..... ..... . dollars! EDU < ....... \< <<<< .... < ..... Toilet 99 131 1.8 58 Showerhead 3 10 1.7 12 Faucet Aerator ~--- 3 3.4 10 Clothes Washer 517 633 I 116 Dishwasher 480 513 I 33 Pressure Reducing Valve ---- 165 I 165 Low Water Use Plants l 930 930 ---- 0 Xeriscape lJ 1,550 5,170 ---- 3,620 Soil Moisture Sensors * ---- 110 I 110 Automatic Timer ---- 20 2 40 Shutoffs for Manual Hose ~ Systems Water Conservation _.-- 2 I 2 Guide x: Water Reclamation 0 100,000* ---- 100,000* -Total cltimated cost for the entire Telegraph Canyon project. 10 /L/1- L/7 ~ -~ .~ \ ,... Table 3 Telegraph Canyon Water COD..rvatioD Me..ure. (All eoata in January 1991 Dollara) > I> > i>>.> i.... .V.Lllt. . ....... >~"""'I> >> > ii. ....... iF > ii >Ii.> ...... ..................W.~~~t......... Vlilter FUnttiOn 7]fi';- .......t ...C!>iOti........... .....'.............o""E..................... ConservatiOn .......,... mlllli_Ptt "e..ute ,.,.u, 'e!lJdoOl~ ii ......... ....... (S/DUnl') ii:;;" >> >>i 1 2 3 4 5 6 ........... ......... >> ........... ..., INSIDE .> > > ..... ........ >> ..>........> Ul tra low Flow Reduces FLush 24.0 58 25 12.53 313.26 5.4 Toilet Volume Ultra Low Flow Reduces Shower 15.0 12 15 7.83 117.47 9.8 Shower Flow Rate Faucet Aerator Appearance of 1.5 10 7 0.78 5.48 0.55 Greater Flow Efficient Reduces 9.0 116 12 4.70 56.39 0.49 Clothes Washer Flow/Load Efficient Reduces 1.5 33 12 0.78 9.40 0.28 Dishwasher Flow/Load Pressure Reduces Flow 9.0 165 20 4.70 93.98 0.57 Reducing Valve Rate ... ................i....... ...i.................,....i....,.................... ....... > OUTSIDE low Water Use lowers Demand 27.0 0 20 14.10 281.93 (very high) landsc8De for Watering Xeriscaping Lower Demand 90.0 3,620 20 46.99 939.78 0.26 Landsc8Ding Soil Moisture More Efficient 45.0 110 15 23.49 352.42 3.2 Sensors Watedng Automatic Precise, Timed 27.0 40 5 14.10 70.48 1.8 Timer Shutoff Watering Water Increases 30.0 2 5 15.66 78.32 39.2 Conservation Watering Guide Efficiency 1l Explanation and Sample Calculations for Table 3 Column 1 = Savings per capita x 2.88 capita/DU average. Column 2 = Estimated cost per dwelling unit, See Table 3. Column 3 = Estimated service life. Column 4 = Column 1 x ($1.071 100 cf) x (1 cfl7.48 gallon) x (365 dayl year) Column 5 - Column 3 x Column 4 Column 6 = Benefitl cost ratio = Column 51 Column 2 Note: cf = cubic feet 12 ,It//)- L/9 TVDical Water Conservation Plan Table 4 shows some of the water conservation devices and their combined savings if they are implemented. Notice that not all of the conservation measures in Table 3 are listed in Table 4. This is because some of the measures, especially outdoor measures, are overlapping in purpose. Because an item is not listed in Table 4, however, does not imply that it is not feasible. The purpose of Table 4 is to provide a typical water conservation plan for a single family dwelling unit and to demonstrate the potential water savings associated with such a plan. Note that implementing these devices results in a water savings of 117 gallons per household per day while maintaining a benefit! cost ratio of2.4. In addition, it is estimated that the Telegraph Canyon project could save an additional 94,248 gallons of potable water per day by using reclaimed water for the irrigation of common landscaped areas. 13 /Y/l~~~V Table 4 Potential Water Conservation Plan for Telegraph Canyon (All Costs in January 1991 Dollars) ..YS........".\ } \VlltetSa'fili.J$ Incdmelltlll 2 Benefit/Cost cc .,. - .......... .. Pt!rRt!Sidellc~ C".TPer LLiCe Ratie> .... .... (gpdtDU) R~s.dellce ...... ($) .............. ...............i Ullra Low Flow 24.0 58 313.26 5.4 Toilet UIlTS Low Flow 15.0 12 117.47 9.8 Shower Faucet Aerator 1.S 10 5.48 0.s5 Efficient 9.0 116 56.39 0.49 Clothes Washer Efficient 1.S 33 9.40 0.28 Dishwasher Pressure 9.0 165 93.98 0.57 Reducing Valve Low Water Use 27.0 0 281.93 (Very High) Landscaping Water 30.0 2 78.32 39.2 Conservation Guide TOTAL 111.0 396 956.23 2.4 14 / L!4 / /c;/ References 1. San Diego County Water Authority, 1989 Annual Report. 2. State of California, Department of Water Resources, Water Plan, Water Conservation Assumptions, October 1989. 3. American Water Works Association Journal, Volume 79, No.3, March 1987. 4. Engineering News Record Journal, January 1991. 17 ) 7~~(:I MEMORANDUM August 10, 1992 Subject: Honorable Mayor and city Council Members John Goss, city Manager~ Robert A. Leiter, Director of Planning /~ Final EIR - Telegraph Canyon Estates Subdivision (FEIR 91-05) To: via: From: ------------------------------------------------------------------- Attached is the Final EIR for the proposed Telegraph Canyon Estates subdivision. The project proposes 350-unit single-family residential lots on 112 acres on the north side of Telegraph canyon Road (Otay Lakes Road) immediately west of the future extension of State Route 125. Because the EIR has determined that air quality (cumulative), biology, and water availability (cumulative) are significant and unmitigated, a Statement of Overriding Considerations must be adopted in addition to the CEQA Findings required for project approval. The Final EIR will be before your Council on August 25, 1992 for certification prior to the consideration of the project. If you have any questions on the EIR, please contact Maryann Miller, Environmental Review Coordinator, 476-5330. I Lj ff ~ ~c:~ See Contract No. 92-118 r Pages 14A-56 through 14A-429 COUNCIL AGENDA STATEMENT ltemJ.11s Meeting Date 8/25/92 ITEM TITLE: Public Hearing: PCZ-92-A AND PCM-91-07: Consideration of Prezoning, General Development Plan and P-C District Regulation Amendments, SPA Plan and Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan for Telegraph Canyon Estates - Baldwin Vista Associates ORDINANCE ;;l. 5.;l7 Approving PCZ-92-A; Prezoning to P-C Planned Community (PCZ-92-A) and the P-C District Regulation Amendments for the Telegraph Canyon Estates Sectional Planning Area (SPA) Plan RESOLurlON 1L.1L..V Approving PCM-91-07: Approving and imposing amendments and conditions on the Telegraph Canyon Estates General Development Plan Amendment, Sectional Planning Area Plan (SPA), Public Facilities Financing Plan (PFFP), Water Conservation Plan, Air Quality Improvement Plan, CEQA Findings. Mitigation Monitoring Program, Statement of Overriding Considerations and making the necessary findings (reference PCM- 91-07) SUBMITTED BY: Director of Planning;2?!lt REVIEWED BY: City Manager G~ (4/5ths Vote: Yes_NolO f,J Baldwin Vista Associates has submitted a development proposal for 112 acres of presently unincorporated property located on the north side of Telegraph Canyon Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores. The proposal calls for a maximum of 350 single family lots, plus two private recreation areas, two Community Purpose Facility (CPF) sites, and over 20 acres of open space. The request is for approval of a prezoning to P-C Planned Community, an amendment to the EastLake I General Development Plan and P-C District Regulations to include the Telegraph Canyon Estates property. and a Sectional Planning Area (SPA) Plan, Public Facilities Financing Plan (PFFP), Air Quality Improvement Plan and Water Conservation Plan. Certification of the Final Environmental Impact Report for Telegraph Canyon Estates, EIR-91-05. is the preceding item on the agenda. 148 -I Page 2, Item~ Meeting Date 8/25/92 A public forum was held at EastLake Elementary School on June 18, 1992, to Inform area residents about the project and City processing requirements. Ten residents attended the forum. RECOMMENDATION: That Council adopt the ordinance and resolution approving PCZ- 92-A and PCM-91-07. BOARDS/COMMISSIONS RECOMMENDATION: an August 12, 1992, the Planning Commission voted 6-0 to recommend that Council approve PCZ-92-A and PCM-91-07 In accordance with the staff recommended conditions of approval, which include the requirement that the project be served by public rather than private streets. DISCUSSION: Exlstine: site conditions The site consists of 112 vacant, unincorporated acres bounded by mobile homes, single family dwellings and an atay Water District water tank site to the west. single family dwellings to the north, proposed State Route 125 to the east. and future residential in atay Ranch to the south. Primary access to the property is provided by Telegraph Canyon Road. Two additional access points are provided by streets which stub into the northwest corner of the property: Gotham Street provides access from College Estates to the west, and Creekwood Drive provides access from EastLake Shores to the north. The property generally slopes from north to south, and consists of two gently sloping knolls separated by a natural swale in the central portion of the site. Three major easements extend across the property. A 20 ft. wide water easement extends southerly from the water tank along the westerly boundary. A 120 ft. wide County Water Authority easement extends diagonally from the northwest through the central portion of the site, and a 120 ft. wide SDG&E easement extends along the easterly boundary. The Telegraph Canyon drainage channel adjoins the southerly boundary of the site. The Chula Vista General Plan designates the property for Low-Medium Residential (3-6 dwelling units per gross acre). Development proposal The proposal is for a private, gate-guarded community containing a maximum of 350 single family lots, and two private recreation areas. Two CPF sites are also proposed. Three reSidential lot sizes are proposed. The largest lots, representing approximately 50% of the residential land area and conforming to the City's basic R-1-7 lot standards, are located In the northerly portion of the site adjacent to the existing single family homes in EastLake Shores and College Estates. Smaller lots are located in the southwestern portion of the property adjacent to the mobilehome park. An intermediate size lot is \t{8-;2 Page 3, Item~ Meeting Date 8/25/92 provided In the eastern portion of the site adjacent to proposed State Route 125 and the TCR corridor. The following table summarizes the lot sizes for the project. AREA 41 OF LOTS AVG. SIZE MIN. SIZE North 146 8,350 sq. ft. 60 x 100 Southeast 87 6,790 sq. ft. 50 x 100 Southwest 117 5.685 sq. ft. 45 x 112 The EastLake I P-C District Regulations and Residential Design Guidelines are intended to regulate the development of the lots and the design of the dwellings. Primary access to the project will be provided by way of a signalized Intersection with Telegraph Canyon Road. A bridge-like structure over the drainage channel, decorative walls and landscaping, and a turn-around with enriched paving would lead to the gated entry to the project. Additional access will be provided at the northwest comer of the properly, wherein Gotham and Creekwood would be extended to Intersect as public streets. just east of which would be a second gated entry to the project. The balance of the private interior streets follow the basic form of the properly in a curvilinear pattern. All of the streets have been designed to meet City standards for public streets with the exception of the main north-south spine street. This street provides additional width for planted parkways (rather than standard monolithic curb and sidewalk) and an 8 ft. rather than 5 ft. sidewalk along the westerly side to serve as a public pedestrian trail from College Estates/EastLake to Telegraph Canyon Road. A public easement would be established in order to allow pedestrians and bicyclists to use this street and sidewalk/trail. Gradln(!, open space and recreation Grading follows the dominant natural land forms with curvilinear streets and terraced lots. Interior slopes vary from 2: 1 to 4: 1 and are generally 30 ft. or less in height. Two story homes will largely obscure these slopes from public view. A significant scenic corridor. which varies in depth from 200 ft. to 660 ft. at the central swale, is retained along Telegraph Canyon Road. Grading Is minimized in the corridor, and that which does occur Is contoured with slope ratios which vary from 2: 1 to 6: 1. The units along the scenic corridor will Incorporate one and two story elements. variable setbacks and varied and detailed architectural treatment in order to enhance the view from Telegraph Canyon Road. In addition to the scenic corridor, open space areas will be maintained along the westerly and easterly boundaries of the properly and along the County Water Authority easement \l\fS-:3 Page 4. ItemJ.iJ3 Meeting Date 8/25/92 wWch runs diagonally through the site. Over nine acres along the easterly boundary of the property will be reserved to accommodate proposed State Route 125. Two private recreation areas are also proposed. A 0.7 acre recreation center in the central portion of property acijacent to the CWA easement wll1 contain a pool, spa, changing room and landscaping. A 1.5 acre site at the northeast corner of the site will contain multi-purpose courts and a parking area. The following table summarizes the open space and recreation areas. AREA ACRES TCR Scenic Corridor 20.8 125 Reservation (temporary) 9.4 CWA Easement 3.1 Recreation Center 0.7 Multi-purpose Courts 1.5 In addition to the 8 ft. wide sidewalk/pedestrian trail along the westerly side of the main spine street, an additional 5 ft. wide decomposed granite trail separate from the sidewalk will be established along the north side of Telegraph Canyon Road. Post and rail fencing will separate the trail from the sidewalk. Proiect interface/separation The project will be buffered from adjoining residential areas by a combination of grade differences, landscaped open spaces and solid walls. Grading along the northerly boundary will lower the property an average of 20 ft. below the existing homes in EastLake Shores, thereby preserving views for the majority of those homes (the slope height varies from 45 ft. on the eastern edge to 6 ft. adjacent to the necessary street connection at the westerly edge). The property sits above the homes to the west. Grading will retain a height differential of 8-12 ft. above the homes in College Estates, and 10-30 ft. above the mobile homes in atay Lakes Lodge. These height differentials, along with permanent landscape buffers, the 20 ft. wide atay Water District easement, and solid walls, will provide the separation along the westerly boundary of the project. Affordable housine: Generally, projects consisting entirely of single family detached housing are not as conducive to provision of housing for low and moderate income households as are projects containing a mix of residential densities. The proposal for Telegraph Canyon \ '\ ~-4 Page 5. Item / 'I B Meeting Date 8/25/92 Estates is to meet the affordable housing requirement off-site through a land set aside, an off-site project or an in-lieu contribution. This is consistent with the City's recently adopted Housing Element, and the project proponent Is currently working with the City Housing Coordinator to determine which alternative is most appropriate in this case. The SPA Plan calls for an agreement to be reached pIior to approval of a tentative map. Water Conservation Plan The Telegraph Canyon Estates Water Conservation Plan is summarized in the SPA Plan (Page 1I-86) and is enclosed with this report. The Plan states that the expected water demand for the 350 dwellings is 190,432 gallons per day, plus 92,463 gallons per day of reclaimed water to irrigate open space areas. However, the Water District reports that there Is no schedule for when the volume of reclaimed water available would be adequate to serve the project. The conservation measures recommended for implementation, including ultra low flow toilets and showerheads, faucet aerators, water conservation guide, drought tolerant plants, and efficient irrigation systems, are expected to save approximately 35,000 gallons per day. Consistent with the City's approach on pIior projects, staff is recommending that the developer commit to participate In any off-site mitigation program adopted by the City designed to offset all or a portion of their new water demand. Said program may require one or more of the following: . Compliance with a regional water use offset program, to be administered by the San Diego County Water AuthoIity. . Compliance with a local administered water use offset program [such program may be administered by the City, water district, or a combination of both}; . Implementation of specific water use offset measures for this project, if neither a regional or locally-administered water use offset program Is In place prior to issuance of building permits for any portion of this project. In the event that a City-approved water offset policy is not in effect at the time building permits are Issued, the requirements should be met through Implementation of specific water offset measures for this project, with the level of offsets and specific measures to be approved by the City. It should be noted that the City's Environmental Resource Manager is currently working with several City Departments, as well as the interagency Water Task Force to develop a recommended water offset program. Air Quality Improvement Plan The City's Growth Management Ordinance requires that projects of 50 units or greater provide an Air Quality Improvement Plan (AQIP). The AQIP for Telegraph Canyon Estates is summaIized on Page Il-89 of the SPA Plan and is enclosed with this report. 14B-S Page 6. ltem~8 Meeting Date 8/25/92 Although most significant air quality measures are those policies and regulations established at the broadest geographic level, i.e., State, Federal or Regional programs, measures implemented on a City or project level can have a positive Impact. Air quality mitigation in the Telegraph Canyon Estates AQIP focuses on strategies and measures available to residential development projects. These include measures taken durtng construction such as dust control, scheduling and emission standards for construction trtps and equipment, and other measures related to the energy efficiency of the resulting homes, such as energy conservation measures which exceed present standards, and pre- plumbing of homes to facllltate passive solar collectors. A new Regional Air Quality Plan is currently under development by SANDAG and the APCD. This plan will focus on mobile source emissions. The principal measure under consideration is a mandatory trtp reduction plan for all significant trtp generators. Any land use provisions of the adopted plan will ultimately be the responsibility of the City. As a condition of approval of the tentative map, the project design shall be reviewed to ensure that any required measures of the new Regional Air Quality Plan can be accommodated by the existing project design. In addition, at the recommendation of the Transit Coordinator, a transit stop has been incorporated into the SPA Plan in the vicinity of the project entry on Telegraph Canyon Road. Finally, the City's Environmental Resource Manager is currently working with several City departments to develop an Air Quality Improvement and Energy Conservation Program to be applied to all development projects, which would implement the regional air quality plan, as well as new State energy requirements. Compliance with this program will be evaluated at the tentative map stage. Public Facilities Financine: Plan A Public Facilities Financing Plan (PFFP) is required by the City's Growth Management Program to ensure that phased development is consistent with the overall goals and policies of the General Plan and Growth Management Program, and to ensure that development of the project will not adversely impact the quality of life threshold standards. The PFFP identifies financing mechanisms for all public faclllties required by the project, and also contains an analysis of the fiscal impacts the project will have on public agencies. The Telegraph Canyon Estates PFFP is enclosed with this report. All of the facilities projected to be required for the project will be provided by subdivision exactions or the payment of impact fees. Funding for school facilities will be provided by the formation of a Community Facilities (Mello-Roos) Dlstrtct. The distrtct would include this project as well as Salt Creek Ranch. The fiscal analysis for Telegraph Canyon Estates covers a pertod of 15 years, four of which depict the development phase of the project, and eleven years which depict the impact of the completed project. For the City of Chula Vista, revenues are expected to exceed expenditures in every year of the analysis, for an accumulated net fiscal balance for the 15 year period of $827,043 if private streets are utilized in the project, or ll\e.-/P page7.ltem~ Meeting Date 8/25/92 $454,718 If public streets are required. The estimated average annual net fiscal Impact on other local public agencies Is as follows: Otay Water District Chula Vista Elementary School District Sweetwater Union High School District - $ 676 - $5.000 $2,960 The negative fiscal impacts projected for the Otay Water District and Chula Vista Elementary School District represent only a fraction of the expected revenues and cost associated with the project, and any minor change in the assumptions or parameters used In the analysis could change the net fiscal loss into a fiscal gain. Specifically. the Otay Water District reports that rates would be adjusted as needed to balance revenues and expenditures. And with respect to the Chula Vista City School District, as noted earlier the project will be included within a Mello-Roos District in order to fund required school facilities. (NOTE: The projected loss for both the Otay Water District and CVESD represent operational costs for which the developer is not responsible.) General Plan conslstencv The gross project density Is 3.1 dwelling units per acre. The net residential density. which Includes the residential lots. private recreation areas and Interior streets and open space, Is 4.3 dwelling units per acre. This figure Is below the 4.5 du/ac mid-point for the Low-Medium Residential (3-6 du/ ac) designation. Staff has concluded that this proposed density is consistent with Section 6.2 of the Land Use Element of the General Plan ("Establishing Residential Densities Within the Range"), which requires consideration of: 1) compatibility with existing and proposed surrounding land use patterns; 2] sensitive response to the physical characteristics of the site; and 3] achievement of a variety of housing types. Other specific Issues with respect to General Plan consistency are discussed under separate heading. I.e., land form preservation and grading, compatibility with surrounding development, scenic corridor enhancement, affordable housing, and so on. Private versus public streets The staff position with respect to private streets and gate-guarded projects, is that they should only be used In isolated circumstances where they do not interrupt the Intended or expected circulation pattern or the normal flow of traffic. This limits the use of private streets to higher density projects. or smaller. Isolated single family developments with a single access point and which otherwise do not tie into the surrounding circulation network. An additional consideration Is the fact that the per unit costs for the maintenance of private streets In a larger ,lower-density project. often become prohibitive, and pressure mounts to either defer malntenance and/or petition the City to take over the streets and assume the maintenance. The Telegraph Canyon Estates project Is a larger, lower density single family development which will have a signalized intersection with Telegraph Canyon Road, and which will \~9>-1 Page 8. ltemJ.fB Meeting Date 8/25/92 extend and tie Into streets from both College Estates and EastLake Shores. We do not believe these circumstances support the establishment of a private gate-guarded community at this location. A recommended condition of approval would require public rather than private streets to serve the project. Coupled with this recommendation Is a requirement that the main north-south spine street be cul-de-saced at Its northerly terminus In order to require a more circuitous route and therefore slow through-traffic using this street. The applicant, Baldwin Vista Associates, has Indicated that they have reconsidered the Issue of private versus public streets following the Planning Commission hearing, and have now determined not to oppose the requirement for public streets. In anticipation of this recommendation, the EIR, PFFP and traffic consultants were asked to prepare alternative analyses based on a public street system. The respective analyses Indicate that the conversion to public streets will maintain all applicable thresholds, and would result In no other adverse Impacts or required mitigation measures. The conversion to public streets with the City assuming maintenance responsibility would reduce the expected fiscal benefit of the project to the City by $372,325, but would retain a positive net fiscal benefit of $454,718 over the 15 year period of analysis. Community purpose facility sites The project Identifies a total of 1.5 acres to be reserved for Community Purpose Facilities (CPF) consisting of two sites at the northwest and northeast Intersection of Gotham Street and Creekwood Drive. The total acreage Is consistent with the Municipal Code requirement that SPA Plans provide for 1.39 acres of land per 1,000 population for CPF uses. However, It Is not believed that the size, configuration or location of the sites Is consistent with the Intent of the ordinance to provide accessible and usable CPF sites compatible with adjacent uses. A large part of the problem In this case Is that the CPF requirement was anticipated to be applied to much larger scale developments. Such developments provide the opportunity for larger and thus more usable CPF sites which can be located on major streets, and which can be more easily buffered from Incompatible land uses. The size and location of the Telegraph Canyon Estates project does not provide the opportunity to meet these goals In the most desirable fashion. Alternative means to meet the CPF requirement on-site would be to combine the CPF acreage Into a single, more usable site located at either the project entry off Telegraph Canyon Road or, assuming public streets, adjacent to the central recreation area. The preferred alternative In the judgment of staff and the applicant Is to meet the CPF requirement off-site In conjunction with the developer's first phase of atay Ranch. This would provide the opportunity to create a larger, more appropriately located site consistent with the Intent of the ordinance. A recommended condition of approval allows the developer to attempt to reach an agreement acceptable to the City regarding an off- site alternative, or If such an agreement cannot be reached, would require the CPF acreage to be relocated on-site. I4.B - t Page 9. ItemB,B Meeting Date 8/25/92 The CPF sites presently shown on the SPA Plan can be replatted into additional single family lots provided the total yield does not exceed the 350 lot maximum established by the Plan. FISCAL IMPACT: The Public Facilities and Financing Plan estimates the project would have a net fiscal balance to the City of $827.043 with private streets. or a net fiscal balance of $454,718 with public streets as recommended by staff. Attachments: Sectional Planning Area Plan~ \) Public Facilities Financing Plan ~.'\ t Air Quality Improvement Plan a" ).1" Water Conservation Plan ~ to'" '?~ WPC 0432P! A. 113 \ \.\8. - q /1# 8- 10 ORDINANCE NO. 2527 AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING THE PREZONING TO P-C PLANNED COMMUNITY (PCZ-92-A) AND THE P-C DISTRICT REGULATION AMENDMENTS FOR THE TELEGRAPH CANYON ESTATES SECTIONAL PLANNING AREA (SPA) PLAN WHEREAS, the area of land which is the subject of this ordinance consists of 112.4 acres of presently unincorporated property located on the north side of Telegraph Canyon Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores (Exhibit 4 of the Sectional Planning Area Plan); and, WHEREAS, the project involves a prezoning to P-C Planned Community, an amendment to the EastLake I General Development Plan and P-C District Regulations to include the Telegraph Canyon Estates property therein, and a Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan involving a maximum of 350 single family lots, plus two private recreation areas, two Community Purpose Facility sites, and over 20 acres of open space; and, WHEREAS, the above referenced plans and documents are incorporated herein by reference, and the overall project as described in the Final Environmental Impact Report, EIR-91-05, shall be developed in accordance with the description therein or as modified by the conditions of approval, and that to the extent the project describes the measures which will mitigate environmental impacts, the applicant shall implement those measures contemporaneously with the project; and, WHEREAS, in conjunction with the Telegraph Canyon Estates SPA Plan, the City staff and Baldwin Vista Associates have concurred on the Planned Community (P-C) District Regulation amendments for the project, a copy of which is on file in the office of the City Clerk as Document No. PCM-91-07; and, WHEREAS, the City Council has by Resolution No. 16767 certified that the Final Environmental Impact Report, EIR-91-05, was prepared in accordance with the requirements of the California Environmental Quality Act, the Environmental Review procedures of the City of Chula Vista, and has further certified that the information contained therein has been reviewed and considered by them; and, WHEREAS, the recitals and resolutions of the City Council contained in Resolution No. 16767 certifying EIR-91-05 are incorporated herein as if set forth in full; and, WPC F:\home\planning\12.92 J4r;~1) Ordinance No. 2527 Page 2 WHEREAS, a public hearing was held before the Planning Commission on the Telegraph Canyon Estates Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan on August 12, 1992; and, WHEREAS, prior to the second reading of this ordinance, the City Council adopted a resolution approving the Telegraph Canyon Estates Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan. The City Council of the City of Chula Vista does ordain as follows: 1. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Environmental Impact Report on July 22, 1992, and certification of the Final Environmental Impact Report and the recommendation for approval of the Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan on August 12, 1992, and the minutes and resolutions therefrom are hereby incorporated into the record of this proceeding. 2. EIR COMPLIANCE WITH CEQA The City Council of the City of Chula Vista has reviewed and considered EIR-91-05, the environmental impacts therein identified for this project, the Candidate CEQA Findings, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. The City Council by certifying EIR-91-05, has found that it has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the environmental procedures of the City of Chula Vista. 3. P-C ZONE FINDINGS The City Council hereby finds that the proposed prezoning to P-C Planned Community is consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare, and good zoning practice support the prezoning to P-C Planned Community. WPC F:\home\planning\12.92 )LtY3...J;t Ordinance No. 2527 Page 3 4. P-C DISTRICT REGULATION AMENDMENTS The City Council does hereby conditionally approve and adopt the amendments to the EastLake I P-C District regulations as set forth in the Telegraph Canyon Estates SPA (PCM-91-07) subject to the following conditions. (a) If a CPF site(s) is to be provided on-site, the SPA Plan and P-C District Regulations shall be amended to include the CPF provisions from the Municipal Code. (b) The P-C District Regulation amendment and related discussion in the SPA Plan shall be revised to correctly identify the RS-5 regulations as applying to the larger lot product, and the RS-7 regulations as applying to the intermediate and smaller lot products. (c) That the developer shall implement each and every Mitigation Measure identified in the Final Environmental Impact Report, EIR-91-05, as Mitigation Measures. (d) That the developer shall implement each and every aspect of the Mitigation Monitoring Program for EIR-91- 05. Failing said conditions, the approvals herein granted may, at the option of the City, to be exercised by the City Council at a public hearing, notice of which shall be given to the project applicant, be revoked, modified or supplemented. 5. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS Adoption of Findinqs The City Council does hereby approve and incorporate as if set forth full herein the CEQA Findings for EIR-91-05, as contained in Resolution No. 16768. WPC F:\home\planning\12.92 )~~.. 13 Ordinance No. 2527 Page 4 Adoption of Mitiaation Monitorina Proaram As required by Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program for EIR-91-05 as set forth in Exhibit B to Resolution No. 16768 and incorporates it herein by reference as if set forth in full. The City Council finds that the program is designed to ensure that, during the project implementation and operation, the project applicant and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the findings and program. Adoption of Statement of Overridina Considerations Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant environmental effects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista, pursuant to CEQA Guidelines Section 15093, adopts the Statement of Overriding Considerations for EIR-91-05 identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable, a copy of which is attached to Resolution No. 16768 as Exhibit A. PRESENTED BY: Bruce M. Boogaar City Attorney Robert A. Leiter Director of Planning WPC F:\home\planning\12.92 \"ie,.-JLf RESOLUTION NO. 16768 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE TELEGRAPH CANYON ESTATES GENERAL DEVELOPMENT PLAN AMENDMENT, SECTIONAL PLANNING AREA PLAN (SPA), PUBLIC FACILITIES FINANCING PLAN (PFFP), WATER CONSERVATION PLAN, AIR QUALITY IMPROVEMENT PLAN, CEQA FINDINGS, MITIGATION MONITORING PROGRAM, STATEMENT OF OVERRIDING CONSIDERATIONS AND MAKING THE NECESSARY FINDINGS (REFERENCE PCM-91-07) WHEREAS, the area of land which is the subject of this ordinance consists of 112.4 acres of presently unincorporated property located on the north side of Telegraph Canyon Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores (Exhibit 4 of the Sectional Planning Area Plan); and, WHEREAS, the project involves a prezoning to P-C Planned Community, an amendment to the EastLake I General Development Plan and P-C District Regulations to include the Telegraph Canyon Estates property therein, and a Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan involving a maximum of 3S0 single family lots, plus two private recreation areas, two Community Purpose Facility sites, and over 20 acres of open space; and, WHEREAS, the above referenced plans and documents are incorporated herein by reference, and the overall project as described in the Final Environmental Impact Report, EIR-91-0S, shall be developed in accordance with the description therein or as modified by the conditions of approval, and that to the extent the project describes the measures which will mitigate environmental impacts, the applicant shall implement those measures contemporaneously with the project; and, WHEREAS, the City Council has by Resolution No. 16767 certified that the Final Environmental Impact Report, EIR-91-0S, was prepared in accordance with the requirements of the California Environmental Quality Act, the Environmental Review procedures of the City of Chula Vista, and has further certified that the information contained therein has been reviewed and considered by them; and, WHEREAS, the recitals and resolutions of the City Council contained in Resolution No. 16767 certifying EIR-91-0S are incorporated herein as if set forth in full; and, WHEREAS, the City Council on August 2S, 1992, approved the first reading of an ordinance prezoning the subject property to P-C Planned Community and adopting ) ~ ~ - /s Resolution No. 16768 Page 2 amendments to the EastLake I P-C District Regulations to include the Telegraph Canyon Estates property therein; and, WHEREAS, a public hearing was held before the Planning Commission on the Telegraph Canyon Estates Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan on August 12, 1992; and, WHEREAS, the Planning Commission received certain evidence on August 12, 1992, as set forth in the record of its proceedings which are incorporated herein by reference as if they were set forth in full, made certain findings as set forth in their recommending Resolution No. PCZ-92-A/PCM-91-07, and recommended to the City Council the approval of said applications and documents based on certain terms and conditions and findings; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan on August 25, 1992; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Environmental Impact Report on July 22, 1992, and certification of the Final Environmental Impact Report and the recommendation for approval of the Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan on August 12, 1992, and the minutes and resolutions therefrom are hereby incorporated into the record of this proceeding. 2. EIR COMPLIANCE WITH CEQA As evidenced by their adoption of Resolution No. 16767, the City Council of the City of Chula Vista has reviewed and considered EIR- 91-05, the environmental impacts therein identified for this project, the Candidate CEQA Findings, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. The City Council by certifying EIR-91-05, has found that it has been prepared in accordance with the requirements of the California Environmental )lf~ - )b Resolution No. 16768 Page 3 Quality Act, the State EIR Guidelines, and the environmental procedures of the City of Chula Vista. 3. AMENDMENTS AND CONDITIONS OF APPROVAL The City Council does hereby approve the SPA, PFFP, Air Quality Improvement Plan and Water Conservation Plan subject to the following amendments and conditions. 1) All mitigation measures contained in EIR-91-05 are hereby made conditions of project approval. 2) The Public Facilities Financing Plan shall be approved subject to the General and Special Conditions contained in the Executive Summary. The following shall be added to the General Conditions: . The Public Facilities Financing Plan shall be followed with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. . An annual fiscal impact report reflecting the actual revenue and expenditure impacts based upon the development of the project shall be prepared by the developer. The project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. The details of such a funding program shall be determined prior to approval of the tentative subdivision map. 3) The water conservation recommendations and implementation program discussed on pages 15 and 16 of the Water Conservation Plan, and as further amended by condition no. 4, are hereby made conditions of approval of the Water Conservation Plan. Nt2J. - 1'7 Resolution No. 16768 Page 4 4) The Telegraph Canyon Estates Water Conservation Plan shall be revised to include the following language regarding a water offset policy: The project shall comply with a City-approved water use offset policy in which one or more of the following offsite measures may be required: . Compliance with a regional water use offset program, to be administered by the San Diego County Water Authority. . Compliance with a locally administered water use offset program (such program may be administered by the City, water district, or a combination of both); . Implementation of specific water use offset measures for this project, if neither a regional or locally-administered water use offset program is in place prior to issuance of building permits for any portion of this project. In the event that a City-approved water offset policy is not in effect at the time building permits are issued, the requirements of this plan shall be met through implementation of specific water offset measures for this project, with the level of offsets and specific measures to be approved by the City. 5) The air quality mitigation measures and monitoring program discussed on pages 24-26 of the Air Quality Improvement Plan are hereby made conditions of project approval. 6) Prior to approval of a final map by the City Council, an affordable housing agreement shall be reached between the developer and the City. Said agreement shall be in accord with the adopted Housing Element. 7) Approval of a tentative map will be subject to the findings of the HNTB study of State Route 125 which will provide staff and the City Council with the necessary information to assist in determining and/or allocating project approvals. Jlf~ - Ie! Resolution No. 16768 Page 5 8) The SPA Plan shall be amended to provide for (1) the consolidation and relocation of the CPF acreage adjacent to the project entry or, in the case of a public street system, adjacent to the central recreation site, or (2) an agreement providing for a 1.5 acre or larger CPF site in the first phase of Otay Ranch. If an agreement for the off-site alternative cannot be reached between the City and developer prior to tentative map approval, the map shall indicate a CPF site as noted in (1) above until such agreement is reached. 9) If a CPF site(s) is to be provided on-site, the SPA Plan shall be amended to include the CPF provisions from the Municipal Code. 10) The P-C District Regulation amendment and related discussion in the SPA Plan shall be revised to correctly identify the RS-5 regulations as applying to the larger lot product, and the RS-7 regulations as applying to the intermediate and smaller lot products. 11) The project shall incorporate public rather than private streets, the design of which shall be subject to review and approval of the City Engineer. 12) If a public street system is required as a condition of approval of the SPA Plan, the central north-south collector shall be cul- de-saeed at its northerly terminus and the configuration of lots and street designs shall be adjusted accordingly subject to review and approval of the City Engineer. If the north-south collector is cul-de-saced, a pedestrian easement or right-of- way shall be provided at the end of the cul-de-sac or other acceptable alternative to accommodate the proposed trail component subject to review and approval of the City Engineer and Director of Parks and Recreation. 13) If a public street system is required as a condition of approval of the SPA Plan, the PFFP shall be revised to incorporate the facilities and fiscal impacts thereof. 14) Should the project be served by public rather than private streets, it may be necessary to review and modify the proposed improvements for the central recreation area, I.e., /~;(, - Jet Resolution No. 16768 Page 6 no pool or spa, but perhaps play structures, etc. Any changes to the proposed improvements shall be subject to review and approval of the Planning Commission and City Council with the tentative map. 15) If the project retains private streets, the walls adjoining open space districts shall be located outside the district boundary. Should the project be served by public streets, the walls shall be located within the district boundary. 16) The development and design of the private recreation areas shall be subject to review and approval of the Director of Planning prior to approval of a teRtative map. 17) Grading for the open space district lot shall provide a level, clear area at least three feet wide, as measured from face-of- wall to beginning-of-slope, along the length of any wall abutting said area as approved by the City Engineer and Director of Parks and Recreation. 18) Flag lot design shall adhere to the requirements and standards for panhandle lots contained in the Municipal Code (Section 19.22.150). 19) Final recreation trail and fence design and location shall be subject to approval of the Director of Parks and Recreation. 20) The CC&R's for the project shall prohibit the parking of RV's or boat trailers in the development. 21) The SPA Plan shall be revised to include the requirement that each lot shall be served by at least one on-street parking space within 200 ft. of the lot it serves. (Failure to meet the standard may reduce the number of lots.) 22) Design details for the bridge-like structure at the project entry shall be subject to review and approval of the City Engineer and Director of Planning prior to approval of a tentative map. 23) The use of street signs other than the City standard is subject to the review and approval and requirements of the City Engineer. )If ~ - J.D Resolution No. 16768 Page 7 24) Specific proposals for enhancing the development edge along the Telegraph Canyon Road scenic corridor, Le., varied heights and setbacks, architectural treatment, and decorative landscaping and walls, shall be subject to review and approval with the tentative map. 25) The SPA Plan is hereby amended to reflect permanent rather than temporary irrigation of open space districts unless an exception is granted by the Director of Parks and Recreation Department prior to approval of a tentative map. 26) All plant materials, sizes and locations, and provisions for irrigation of open space maintenance areas shall require review and approval of the Director of Parks and Recreation prior to the issuance of a grading permit. 27) Access points to open space maintenance areas shall be subject to review and approval by the Director of Parks and Recreation prior to approval of a tentative map. The access road along the easterly boundary will be continuous from the multi-purpose courts, southerly to the Telegraph Canyon drainage channel. 28) Graded access shall be provided to all storm drain cleanouts, inlets and outlets, and paved access shall be provided to all sewer manholes. Exceptions may be determined on a case by case basis by the City Engineer. 29) Transit stop locations and designs, including benches and shelters, shall be subject to review and approval by the Transit Coordinator and the Director of Planning prior to approval of a tentative map. 30) The installation of transit facilities shall be concurrent with transit service availability. Since this may not coincide with project development, prior to approval of a tentative map the developer shall commit to fund these facilities. 31) A 5 ft. wide d.g. trail with a post and rail fence component shall be located adjacent to the existing sidewalk on the north side of Telegraph Canyon Road subject to review and approval of the Director of Parks and Recreation. I 'I ~ -:2,1 Resolution No. 16768 Page 8 32) The method of conveyance and maintenance and land to be reserved for future right-of-way along proposed SR-125 shall be determined, to the satisfaction of the Director of Public Works, prior to approval of a tentative map. 33) A 3 ft. wide solid base shall be provided on all walls fronting upon an open space district. 34) The specific treatment of between lot and rearyard slope conditions will be subject to review and approval in conjunction with the tentative map. 35) The three lots south of the water tank along the westerly property line, in the RS-5 large lot area, shall have their side property lines extended to the subdivision boundary to delete this area from the open space maintenance district. 36) Telegraph Canyon Estates shall submit annual building permit reports, traffic counts and fiscal impact analysis to the City commencing with the construction of the project and scheduled to coincide with the annual review of the Growth Management Oversight Commission. 37) Approval of the SPA does not constitute approval of final lot yields or configurations or street alignments or design as shown on the SPA Plan. Modifications may be made by staff, the Planning Commission or the City Council during the consideration and review of the tentative map. 38) Ten bound, loose leaf copies of the final approved SPA Plan and related documents, incorporating all conditions and corrections, shall be filed with the Planning Department prior to approval of a tentative map. 39) The SPA, PFFP, WCP and AQUIP Plans shall all be implemented in the manner therein described except as hereby amended, or except as may, from time to time, be amended by the City Council. Failing said conditions, the approvals herein granted may, at the option of the City, to be exercised by the City Council at a public /1 2J - 22, Resolution No. 16768 Page 9 hearing, notice of which shall be given to the project applicant, be revoked, modified or supplemented. 4. CONSISTENCY WITH GENERAL PLAN, P-C PLANNED COMMUNITY ZONE, GENERAL DEVELOPMENT PLAN AMENDMENT AND SECTIONAL PLANNING AREA PLAN FINDINGS P-C Planned Communitv zone and General Development Plan amendment 1. The proposed development as described by the general development plan is in conformity with the provision of the Chula Vista general plan. The proposed amendment to the EastLake I General Development Plan is consistent with the Chula Vista General Plan in that it shows the Telegraph Canyon Estates property as Low-Medium Residential (3-6 du/ac) and establishes a substantial open space reservation along the Telegraph Canyon scenic corridor. The proposed net residential density of 4.3 dulac is below the 4.5 dulac midpoint of the General Plan LM range. It has been concluded that this proposed density is consistent with Section 6.2 of the Land Use Element of the General Plan, which requires consideration of 1) compatibility with existing and proposed surrounding land use patterns; 2) sensitive response to the physical characteristics of the site; and 3) achievement of a variety of housing types. 2. A planned community development can be initiated by establishment of specific uses or sectional planning area plans within two years of the establishment of the planned community zone. The Telegraph Canyon Estates Sectional Planning Area Plan has been submitted for concurrent consideration with the P-C prezoning and EastLake I General Development Plan amendment. )~~ -;23 Resolution No. 16768 Page 10 3. In the case of proposed residential development, that such development will constitute a residential environment of sustained desirability and stability; and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having Jurisdiction thereof. The Telegraph Canyon Estates development consists of three residential lot sizes in order to provide for varied and balanced single family residential opportunities within the project. Private recreation sites and common open space areas will contribute to the long term livability and stability of the neighborhood. Recommended alternative provisions for Community Purpose Facilities will ensure sites are properly located and of an adequate size to serve their intended use. 4. In the case of institutional, recreational, and other similar nonresidential uses, that such development will be appropriate in area, location and over-all planning to the purpose proposed, and that surrounding areas are protected from any adverse effects from such development. The provision of two private recreation areas will supplement public park and recreation facilities for the residents of Telegraph Canyon Estates and their location in the central and eastern portions of the property will protect surrounding areas from any adverse impacts. Recommended alternative location for Community Purpose Facilities will also protect surrounding residents from potential adverse impacts. 5. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. The streets have been designed to City standards and are adequate to carry the anticipated traffic. The recommendation to use public rather than private streets will incorporate the project's streets into the surrounding circulation network. If~- .24 Resolution No. 16768 Page 11 6. The area surrounding said development can be planned and zoned In coordination and substantial compatibility with said development. Surrounding areas are already planned, zoned and developed with compatible single family and mobile home uses. Section Plannina Area Plan 1. The proposed sectional planning area plan is in conformity with the general development plan of the P-C zone, any adopted specific plans, and the Chula Vista general plan and its several elements. The Telegraph Canyon Estates Sectional Planning Area Plan reflects the land use, circulation, open space and other policies and elements of the EastLake I General Development Plan and Chula Vista General Plan. 2. The proposed sectional planning area plan would promote the orderly, sequentialized development of the involved sectional planning area. The SPA Plan and Public Facilities Financing Plan contain provisions, requirements and standards to ensure the orderly development of the project in a manner consistent with the land use policies and facilities needs of the City and other public agencies. The Telegraph Canyon Estates SPA is proposed to be developed in a single phase with a 3 to 4 year build-out. 3. The proposed sectional planning area plan would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. The SPA Plan as conditioned will be compatible with surrounding uses and will not adversely affect the environment quality or circulation requirements of adjacent areas. /tf~ - zS- Resolution No. 16768 Page 12 5. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS Adoption of Findinas The City Council does hereby approve and incorporate as if set forth full herein the CEQA Findings for EIR-91-05, a copy of which is attached hereto as Exhibit A. Adoption of Mitiaation Monitorina Proaram As required by Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program for EIR-91-05, a copy of which is attached hereto as Exhibit S, and incorporates it herein by reference as if set forth in full. The City Council finds that the program is designed to ensure that, during the project implementation and operation, the project applicant and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the findings and program. Adoption of Statement of Overridina Considerations Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant environmental effects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista, pursuant to CEQA Guidelines Section 15093, adopts the Statement of Overriding Considerations for EIR-91-05, a copy of which is attached hereto as Exhibit A, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. 6. NOTICE OF DETERMINATION The Environmental Review Coordinator of the City of Chula Vista is directed, after City Council approval of this project, to ensure that a notice of determination, together with a copy of this resolution, and all ordinances and resolutions passed by the City Council in connection with this project, if filed with the County Clerk of the County of San Diego. / yi> .. !2L- Resolution No. 16768 Page 13 PRESENTED BY: APPROVED AS ~) Robert A. Leiter Director of Planning Bruce M. Boogaar City Attorney WPC F:\HOMEIPLANNINGIPCZ92A.RES Il/~ ....21 EXHIBIT A ( TELEGRAPH CANYON ESTATES CEQA CANDIDATE FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR FINAL ENVIRONMENTAL IMPACT REPORT EIR # 91-05 (SCH # 91071033) IN ACCORDANCE WITII SECTION 21081 OF THE CALIFORNIA ENVIRONMENTAL QUALTIY ACT AND SECTIONS 15091 AND 15093 OF TITLE 14 OF THE CALIFORNIA ADMINISTRATIVE CODE /4~ -1.2 ~. I. INTRODUCfION It is the policy of the state of California and the city of Chula vista that a project shall not be approved if it would result in a significant environmental impact if it is feasible to avoid or substantially lessen the impact to a level below significant. Only when there are specific economic, social, or other considerations which make it infeasible to mitigate an impact, can a project with significant impacts be approved. Therefore, when an EIR has been completed which identifies one or more potentially significant environmental impact, one of the fOllowing findings must be made: 1. Changes or alternatives which avoid or SUbstantially lessen the significant effects as identified in the FEIR have been required or incorporated into the project, or 2. Such changes or alternatives are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency, or 3. specific economic, social or other infeasible the mitigation measures or identified in the FEIR. [Public Resources Code Section 21081] considerations make project alternatives A draft environmental impact report, dated May 1992 (the "Draft EIR"), was prepared for the Project and circulated for 45 days for pUblic comments. A public hearing was held on July 22, 1992. A final environmental impact report, dated July, 1992 (the "Final EIR" or "FEIR"), was prepared based on comments received on the Draft EIR, including those received after the close of the public comment period. The Final EIR consists of two parts: the EIR (with technical revisions), and the comment letters and responses to comments ("Response to Comments"). The Final EIR was also made available to commentors August 5, 1992 to August 12, 1992 for review, although this did not reopen the public review periOd. The following Findings are made by the Decisionmaker(s) relative to the conclusions of the Final Environmental Impact Report (EIR *91- 05) for the proposed Telegraph Canyon Estates project (the "Project") located in the City of Chula vista. . )If Iii. -- 29 ( II. PROJECf DESCRIPTION The 112. 4-acre Telegraph Canyon Estates project site is in the Eastern Territories Planning Area of the City of Chula Vista. It is north of Telegraph Canyon Road (Otay Lakes Road), immediately west of the proposed future extension of state Route 125 (S.R. 125). The site is not presently a part of the city of Chula Vista, but it is within the "special Study" area of the City's General Plan, meaning that it will require action by the Local Agency Formation Commission (LAFCO) to be included into the Chula Vista Sphere of Influence and annexed into the City. The project is proposing to develop a maximum 350 single-family dwelling units (du's), two private park areas, and two community purpose facility sites on approximately 82 acres of the 112.4-acre site, yielding a net density of 4.3 du/ac. Approximately 30.2 acres of the property will be in open space. The Telegraph Canyon Estates project area was originally included as a part of the Otay Ranch area and has been included in previous studies conducted for that larger project. Because the project area is physically separated from the rest of the Otay Ranch property by Telegraph Canyon Road, and because the site is adjacent to the Eastlake Community, it is now being proposed as a development separate from otay Ranch. If approved, it will be developed in a manner similar to and compatible with the Eastlake Planned Community and will be processed as an amendment to the Eastlake General Development Plan, Sectional Planning Area Plan, and Planned Community District Regulations. III. DISCRETIONARY ACTIONS The discretionary actions for the proposed project involve the following permits/approvals and the Decisionmaker(s) who will take such actions: . an Annexation (Decisionmakers: LAFCO, the Chula Vista Planning Commission, and the Chula Vista City Council) . a Chula Vista Sphere of (Decisionmakers: LAFCO, the commission, and the Chula Vista Influence Chula Vista city Council) Amendment Planning . a General Development Plan (GDP) Amendment (Decisionmakers: the Chula Vista Planning Commission and the Chula Vista city council) 2 ) ~ ~ __ ~D . a Sectional Planning Area (SPA) Amendment (Decisionmakers: the Chula Vista Planning Commission and the Chula Vista city Council) . a Tentative Subdivision Map (TM) (Decisionmakers: the Chula Vista Planning Commission and the Chula Vista City Council) These Findings are made by the Decisionmaker(s) pursuant to Section 21081 of the California Public Resources Code, and Section 15091 and 15093 of the California Administrative Code, title 14. IV. THE ADMINISTRATIVE RECORD For purposes of the California Environmental Quality Act ("CEQA") and the findings hereinafter set forth, the administrative record of the Decisionmaker(s) shall include the Draft Environmental Report ("Draft EIR"), and the Final Environmental Impact Report ("Final EIR") and its appendices; Response to Comments on the Final EIR; all reports prepared by staff and their consultants, all documents submitted by members of the public and interested agencies in connection with the EIRs and the Project generally; and any documents embodying the Decisionmaker(s) or other action on the Project, including staff reports and resolutions and the minutes of public hearings on the Project. v. TERMINOLOGY Section 15091 of the CEQA Guidelines (Cal. Code of Regulations, tit. 14) requires that, for each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of three allowable conclusions. The first is the "[c]hanges or alterations have been required in, or incorporated into, the project which would avoid or substantially lessen the significant environmental effect as identified in the Final EIR." The second potential finding is that II [s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have not been adopted by such other agency." The third permissible conclusion is that "[s]pecific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR." 3 )~~ - ~I \ VI. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that mitigation measures outlined in the EIR avoid or substantially lessen potentially significant environmental effects, are feasible and have not been modified, superseded, or withdrawn, the Decisionmaker(s) hereby binds itself to require implementation of those mitigation measures on the Project applicant and any assigns or successors in interest. These findings constitute a binding set of obligations that will come into effect when the Decisionmaker(s) adopts a resolution approving the Project. VII. MITIGATION MONITORING AND REPORTING PROGRAM As required by Public Resources Code section 21081.6, the Decisionmaker(s), in adopting these findings, also adopts a mitigation monitoring and reporting program designed to ensure that, during project implementation, the Project applicant, and any other responsible parties comply with the feasible mitigation measures identified below. That program is contained in the Final EIR at pp. 211-223. VIII. POTENTIALLY SIGNIFICANT AND SIGNIFICANT EFFECTS AND MITIGATION MEASURES The EIR sets forth environmental effects of the Project that would be potentially significant or significant in the absence of mitigation measures. These effects (or "impacts") are set forth below, along with any mitigation measures adopted that will avoid those potentially significant or significant effects. Also set forth are certain significant effects that cannot be substantially lessened or avoided even with the adoption of all feasible mitigation measures proposed in the Draft and Final EIRS. In adopting these findings, the Decisionmaker(s) also adopts a statement of overriding considerations setting forth the economic, social and other benefits of the Project that will render that significant effect acceptable. That statement of OVerriding Considerations is attached to this Resolution as Exhibit A. Public testimony, written correspondence, and comments on the FEIR indicate that there are differences of opinion as to the conclusions in the FEIR and that the Project could result in cumulatively significant and unmitigab1e impacts on air quality, cumulatively significant and unmitigated impacts on water availability, and significant and unmitigated impacts on biological resources. The following presents the Decisionmaker(s) findings on the impact of the Project. 4 )4& -3J. IX. FINDINGS A Public Resources ~ Section 21081(a) The EIR sets forth environmental effects of the Project that would be potentially significant or significant in the absence of mitigation measures. These effects (or "impacts") are set forth below, along with any mitigation measures adopted that will avoid those potentially significant or significant effects. Also set forth are certain significant effects that cannot be subs~antially lessened or avoided even with adoption of all feasible mitigation measures proposed with the Draft and Final EIRs. 1. Geology/Soils Impact. Development of the site could expose the project to geologic hazards associated with compressive and expansive soils found on-site, and to hazards from regional seismic activity. Findinq. Potentially significant geological impacts can be avoided by adhering to the remedial grading measures set forth in the geotechnical report prepared for the project, and by monitoring during project grading. All grading and drainage plans will be reviewed and approved by the City's Engineering Division prior to issuance of a grading permit. A Testing and Observation Report will be prepared and submitted to the city's Engineering Division to verify that all requirements have been met. Paleontological Sensitivity Impact. on-site Project strata, impacts The Oligocene Otay and Sweetwater Formations which occur have a high potential for containing significant fossils. grading may expose or destroy subsurface fossil-bearing providing new and important paleontological data. Adverse to paleontological resources could occur. Findinq. A paleontological monitor will be on-site at all times during original cutting of previously undisturbed sediments mapped within the Sweetwater and Otay Formations. Project construction will be temporarily halted, if necessary, to allow recovery of fossil resources. 2. Hydrology/Water Quality/Groundwater Impact. Short-term erosion impacts could occur during project grading and construction. Existing erosion problems associated 5 J~~ -~ 3 with past agricultural uses will be eliminated after site development, but the amount of runoff will increase with added hardscape. The project could potentially degrade water quality in Telegraph Canyon Creek from urban pollutants. Findina. Mitigation will require implementation of an erosion control plan during construction, construction of the storm drain plan proposed in the SPA, and adherence to National Pollutant Discharge Elimination System (NPDES) requirements for urban runoff and stormwater discharge. All plans shall be designed and constructed to meet City Engineering Standards. 3. Landform Alteration/Aesthetics Impact. The project will require a balanced cut and fill of 830,000 cubic yards. The grading plan has been developed to follow the dominant site landforms, and the project is proposed to be constructed in a terraced fashion. The maximum manufactured slopes will be 50 feet in height and the deepest cut will be 45 feet on the eastern knoll. Findina. Because the project area is adjacent to Telegraph Canyon Road, which is designated a Scenic Highway by the City of Chula Vista, the SPA has been developed to conform with the Telegraph Canyon Scenic Highway Criteria. The project will provide setbacks from the canyon floor: preserve and enhance the natural stream corridor and trail system: ensure that the project's architectural design, height and siting of structures, and landscaping and signs are considered in the development: and provide landscaping to beautify the adjacent portion of the scenic route inside the proj ect area. The proj ect I s design concept is based on design elements of the Eastlake Design Manual Guidelines, in order to assure compatibility with the adjacent Eastlake communities. 4. Air Quality Impact. The project will create short term impacts from dust and emissions during project construction. It will incrementally add to cumulative impacts to the San Diego Air Basin by adding pollutants from increased traffic and household emissions. Findina. Mitigation for short term effects will require implementation of dust control measures during project grading, and compliance with the requirements of the APCD and ARB. Long-term impacts will be reduced by adherence to the Air Quality Implementation Plan prepared for the SPA. However, because the San Diego region is a non-attainment area for ozone and particulate matter, cumulative air quality impacts will remain significant and unmitigable. 'Specific economic, social, or other considerations 6 )If~ -34- make infeasible other mitigation measures or project alternatives. The remaining unavoidable significant cumulative impacts are acceptable when balanced against the facts set forth above and in the attached statement of Overriding Considerations. 5. Biological Resources ImDact. The majority of the project site is characterized by disturbed and weedy vegetation associated with past agricultural uses. The project will eliminate this vegetation, along with 0.9 acres of wetland habitat. Findinq. Although the wetland habitat is fragmented and of low quality, its loss is still considered a significant impact. Its loss could be mitigated by the applicant's dedication of 0.9 acres of wetland habitat off-site (Otay Ranch), to be preserved in conjunction with adjacent wetland habitat. Until specific off-site mitigation for biology is imposed and adopted, the impact to the freshwater marsh would be considered significant and unmitigated. 6. Transportation ImDact. The project will generate a maximum of 3500 average daily trips (ADT). The level of service (LOS) will be lowered from C to D on Telegraph Canyon Road between otay Lakes Road and Eastlake Parkway, from B to C between Crest Drive and Paseo Del Rey, and from A to B between Paseo del Rey and paseo Ladera, but intersections will operate at acceptable levels and no significant direct impacts will occur. Findinq. The applicant will pay its fair-share of area improvements to reduce cumulative impacts. These may include roadway widening, restriping, or installation of other signals; this will be determined by the city Engineering Department during its annual review of cumulative impacts of all projects in the Eastern Chula Vista Transportation Phasing Plan (ECVTPP). While the project will not require a traffic signal on Telegraph Canyon Road, the applicant is proposing to fund and provide a signal. 7. Noise ImDact. Construction of the project will expose existing residents to short-term noise impacts. The project will not increase ambient noise levels significantly, but portions of the property will be subject to long-term adverse noise impacts from traffic on S.R. 125. 7 )'fB -Z) Findina. Mitigation will require construction of a noise wall along the eastern portion of the site, and possibly the use of noise-reducing construction materials and techniques. All noise walls will be constructed in conformance with the design guidelines set forth in the SPA, which follow the Eastlake I Design Guidelines. All noise mitigation measures shall be made conditions of the final map. Prior to issuance of building permits, the City of Chula Vista's Noise Abatement Division shall review final grading plans to determine whether additional noise materials are required for second stories of homes which may be impacted by future noise from S.R. 125. 8. Land Use/General Plan/Zoning ImDact. The project area will require annexation to the City of Chula Vista, which will require approval by the Local Agency Formation Commission (LAFCO). The proposed density is consistent with the city's General Plan designation for the site and conforms with guidelines set forth in the Eastlake Planned Community District Regulations, General Development Plan, and Sectional Planning Area Plan. No significant land use impacts have been identified. Findina. The project includes a 1. 5-acre Community Purpose Facility (CPF) site, which meets the net acreage requirement of the city. The required 10 percent affordable housing requirement will be met by dedication of a parcel off-site for this purpose, payment of in-lieu fees, or a combination of these measures. 9. Parks/Recreation/Open Space ImDact. The project will increase park/recreation use demand by bringing approximately 1,134 new residents into the City. Under the provisional standards for parks set forth by the City of Chula Vista, the Telegraph Canyon project is required to set aside a total of 3.4 acres as dedicated park land. Findina. The SPA proposes to dedicate 30.2 acres (27%) of the total 112.4 project acreage to parks, recreational areas, and open space. These will include private neighborhood parks and mini- parks. A portion of the central natural swale and the entire drainage channel adjacent to Telegraph Canyon Road will be preserved as open space, as will the eastern property boundary abutting the proposed S.R. 125 freeway. These open space easements will constitute approximately 20 acres. A San Diego County Water Authority easement, in the center of the site, will be developed as a linear garden totalling 3.1 acres. A public trail is also proposed to connect the project to the Eastlake Community and to the proposed community recreation center. Private 8 ) ~ ~ - 3(. parks/recreational and open space areas totalling 5.3 acres are proposed. These consist of a of a recreational center with a changing cabana, pool and spa, a private multi-purpose court area, and the linear garden mentioned above. To provide additional mitigation for impacts to park facilities, the applicant shall pay in-lieu park fees in conformance with Section 17.10 of the Chula Vista Municipal Code. This will be done prior to or as a condition of the Final Map. 10. Public Services and Utilities Impact. The project will introduce 102 new elementary school students and 105 secondary students into the area. Because the Chula Vista School District elementary schools and the Sweetwater Union High School District secondary schools are operating above permanent capacities, the addition of these students will create significant adverse impacts. Findina. The applicant is currently negotiating with the Chula vista Elementary School District to form a CFD for Salt Creek Ranch and the Telegraph Canyon Estates project (CFD 7). The project will annex into the CFD prior to the Final Map. The applicant has also met with the Sweetwater Unified High School District to begin negotiations to form a new Community Facilities District (CFD 7). The project will be required to annex into CFD 7 prior to the Final Map. Annexations into this new CFD will fully mitigate impacts to the districts. Impact. Implementation of the project will increase demand on water. Based on the Central Area Water Master Plan Update average of 600 gallons per day per dwelling unit, the proposed 350-unit project will result in an estimated daily residential water use rate of 210,000 gallons. The SPA proj ects an average potable water demand of 190,432 gallons per day, and an average reclaimed water demand of 92,463 gallons per day, for a total daily water demand projection of 282,895 gallons. Findina. While increased water consumption is a major regional issue, the project is capable of providing water to residents. The Central Area Water Master Plan has specified an infrastructure that will allow a sufficient amount of water to serve the project, and barring general regional unavailability, water can be supplied to the project. The project will meet water Threshold/Standards. However, on a project specific basis, water impacts shall remain significant but mitigable pending the requirement to obtain a will- serve letter from the OWD once building permits are issued. In response to regional water shortage, the Telegraph Canyon Estates project proposes additional conservation measures for individual households, including use of ultra-low flow indoor 9 N& - 31 fixtures and appliances (low-flush toilets, showers and faucets), pressure reducing valves. It is estimated that approximately 92,463 gallons of potable water per day could be saved if reclaimed water is used to irrigate common areas (parks and open space) within the project. While reclaimed water is not currently available for use within the proposed project, the project is providing a system to use reclaimed water irrigation when it becomes available. As this project's contribution, the applicant shall either install the line across project frontage or pay a proportional share of the line, as determined by the Otay Water District. The size of the line will be determined by the City of Chula vista and the OWD, based on the demand for reclaimed water in the project's vicinity. Since reclaimed water is not currently available for the project to offset water demand, water availability impacts are deemed significant and unmitigable on a cumulative regionwide basis. If reclaimed water service becomes available in the future, this cumulative water availability impact will be mitigated. 11. Public Health Impact. The data available at the present time are not sufficient to warrant a determination of health and safety hazards to future residents from proximity to the existing SDG&E transmission lines. Findina. While the determination of a significant impact cannot be concluded at this time, the project applicant shall comply with any future EMF policy adopted by the City of Chula Vista prior to consideration of the Final Map. This measure would reduce potential impacts to below a level of significance. B. Public Resources~ Section 21081(b) The Decisionmaker(s) having reviewed and considered the information contained in the FEIR for the project, and the information in the Administrative Record, finds that there are no further changes or alterations to the project that would avoid or substantially lessen the significant environmental impacts that are within the responsibility and jurisdiction of another public agency and should be adopted by such other agency. 10 /9 ~ - 3.~ C. Public Resources ~ Section 2108Hc): ~ Infeasibility m Miti~ation Measures ~ Proiect Alternatives Other.Ilmn.1hl: Proposed TeleiTlIPh Canyon Estates. The Decisionmaker(s) approval of the Project as proposed will cause significant adverse environmental effects which cannot be fully mitigated to biological resources, cumulative air quality, and cumulative water availability. The mitigation measures outlined in Section A of these Findings will reduce impacts to biological resources to below a level of significance. However, until the mitigation parcel is recorded, the biological impacts shall remain significant. The unmitigable effects to cumulative air quality and regional water availability cannot be fully mitigated on a project specific basis, at this time. The Decisionmaker(s) has also considered whether any of the project alternatives outlined in the EIR could feasibly substantially lessen or avoid this effect while satisfying the objectives of the Telegraph Canyon Estates project. (See citizens ~ Oualitv Growth ~ ~ of Mount Shasta (1988) 198 Cal. App.3d 433, 433-445 [243 Cal.Rptr. 727]; see ~ Pub. Resources Code, section 21002.) As will be explained below, the Decisionmaker(s) concludes that none of the proposed alternatives could feasibly both meet the Project's objectives and substantially lessen or avoid the unavoidable significant effects of the Project, and thus has decided to approve the Project as proposed with all feasible mitigation measures outlined above. However, pursuant to Public Resources Code Section 21081(c), the Decisionmaker(s) find and conclude that the following independent economic, social, or other considerations make infeasible the project alternatives or other possible mitigation measures as identified in the EIR. The Decisionmaker(s) further find that each independent consideration, standing alone, would be sufficient to make infeasible the following project alternatives. 1. J::!Q Project Alternative/No Development Alternative.illi1 Alternative ~ Analysis This alternative consists of no annexation, GDP, SPA, or TSM for the project. The site will remain under County jurisdiction, and will remain under limited control under the S-87 (Special Study Area) land use designation until studies were completed to enable reclassification of the property. At this point, it would be speculative to determine what type of development will be allowed, but it is anticipated that it will be required to provide either a transitional land use from adjacent undeveloped land to more densely developed land (such as that present at Eastlake Shores); or be developed consistent with other types of residential uses on adjacent parcels within the City of Chula Vista. It is probable 11 lL(g -~')' that an overall development plan, such as a specific plan, will be required by the County, to avoid piecemeal development on a lot-by- lot basis. If the property were developed under the existing land use designation and zoning, the 2.5-acre minimum lot size would allow a gross maximum of 44 single-family dwelling units on the 112-acre parcel. This number will likely be lower, in reality, given the constraints on developable land (easements for SOG & E and the SDCWA, wetland area, and setbacks for scenic highways and S.R. 125). All grading will be subject to the County's Resource Protection Ordinance. Impacts to landform alteration/aesthetics, air quality, biological resources, traffic, air quality and hydrology will probably be reduced. Impacts to geology/soils, noise, and public health will be similar to the proposed project's impacts under this alternative. Impacts regarding social factors, community tax structure, and demands on public services will likely be greater. Given the site's proximity to the City of Chula vista, these impacts will directly affect the City (schools, parks, sewers, water supply, emergency services, etc.) and Threshold/standards Policy would probably be exceeded. This alternative would not be consistent with the City's General Plan or Zoning Ordinance. Due to these social considerations, this alternative is considered infeasible. No Development. Under this alternative, the project area will remain vacant and land use will remain unchanged. No impacts to geology, hydrology, landform alteration, air quality, biological resources, traffic, noise, public facilities, parks, or public health will occur. Like the no project alternative, this alternative would not be consistent with the City of Chula vista's or County of San Diego's land use designations for residential development, and it would result in loss of tax revenue for the city. It is also considered to be infeasible due to these social factors; additionally, it would not achieve the basic objectives of the proposed project. 2. Alternative Desi~.A This alternative will be a reduced project developed at a low- medium residential density (R-1-7). A total of 280 single-family homes would be constructed on approximately 70 acres resulting in a density of 4.0 dwelling units per acre. Open space would increase to 31.6 acres and would encompass a larger portion of the central swale on-site. The Community Purpose Facility would remain the same as in the proposed project. No circulation plan has been designed for this alternative, but access points -would be the same as those in the proposed project, 12 J1~ -Ifo and the overall street and cul-de-sac system would be similar. If this alternative is adopted, the following impacts are expected to occur. Geoloav/Soils. Impacts would be similar to those of the proposed project. Constraints from these factors would not expected to be more or less difficult under this alternative or the proposed project. Bvdroloav/Water Qualitv/Groundwater. In terms of project drainage effects on water quality, the discharge into the Telegraph Canyon Creek Channel is regulated by the National Pollutant Discharge Elimination system (NPDES) permit requirements: as such, neither the proposed project nor this alternative (or any alternative) can have a discharge that significantly degrades (as defined by the EPA in the NPDES requirements) the water quality in the receiving channel. Fewer houses would probably translate to fewer vehicles using and parking on the streets, resulting in less material to be carried off during rainstorms. While this could allow easier attainment of the NPDES requirements, the reduction in material is not likely of sufficient magnitude to affect the way the system would be designed to meet NPDES requirements. This alternative may result in less runoff, as there would likely be less hardscape and more permeable surface (yards, open space). Even with the same design the reduction would not be proportional to the drop in units, as the road system could not be reduced proportionally. Calculations on storm drainage capacity in Telegraph Canyon Creek channel showed that the proposed project's input is less than significant, and that the channel would still be well under capacity. This alternative may result in less runoff: but the amount of runoff was not found to have a significant impact with the proposed project. with the inclusion of much of the central swale in open space there would likely be somewhat more input of fertilizers, pesticides, and herbicides into the drainage than under the proposed project, as there would likely be private yards adjacent to the swale. Private use of these chemicals is difficult if not impossible to control. Landform Alteration/Aesthetics. Landform alteration would be similar under the proposed project and this alternative. The overall landform would be retained, and the street system must be created, regardless of the 60-unit difference. Aesthetics is a subjective environmental issue. People who object to the placement of a 3S0-unit residential project on this site would likely object to the placement of a 280-unit project. Conversely, even with having to maintain the street system, a reduction in units may allow the designers to create a more aesthetically -pleasing project. Given that a street system is necessary, it is likely that the proposed project and a design 13 14;;. -1/ under this alternative would be considered aesthetically similar by most passers-by. within the project, the retention of the marsh area would likely have mixed reactions from the residents. Small areas of marsh do not have the wildlife that people find attractive. The marsh would quickly become a solid band of cattails if left alone. This is not considered aesthetically pleasing by most people. The odors of the decomposing vegetation in the summer and the presence of mosquito and biting flies would be objectionable to residents living near the marsh. From an aesthetics perspective, the landscaping of the proposed project and the elimination of the biting insects would likely be considered preferable by the majority of residents. Air Oua1itv. From a project perspective, the reduction in units associated with this alternative would result in lesser air quality impacts, as fewer vehicles would be present, and fewer fireplaces and furnaces would be used. From a regional perspective, impacts depend on whether it is assumed that the 60-unit difference disappears, or if it is fulfilled elsewhere. The main source of air pollution in the county is from vehicles. If the 60 units will be supplied elsewhere, and if that compositely creates more travel for the inhabitants to work and shop, then greater air quality effects will occur than with the proposed project. If the 60-unit difference disappears, or if the "displaced" inhabitants select housing that will result in less travel, then lesser air quality effects will occur than with the proposed project. However, this alternative would still result in cumulatively significant unmitigable impacts. Bio1oaica1 Resources. As noted in the Biological Resources technical report, and in the EIR section, the marsh area is not of high value. Potentially adverse impacts associated with preservation of the wetland within the development are discussed above under aesthetics. While preservation on-site of resources is usually the preferable choice, given the size and isolated nature of the marsh area to be retained, preservation of higher quality habitat Off-site, as in the proposed project, would result in greater ecological value. CUltural Resources. There is no impact on cultural resources with either the proposed project or this alternative. Transtlortation. The number of projected ADTs for the proposed project is 3500: with this alternative that number would be reduced to 2800. Less traffic would be considered a beneficial impact, although cumulative impacts would still occur and mitigation measures similar to those required for the proposed project would be needed. Noise. The noise generator for this project is largely the future State Route 125 and Telegraph Canyon Road. These noise sources are 14 / Lf~ - 'I-~ independent of the project density. Under this alternative more redesign may be possible as a part of the noise mitigation, but features such as noise walls would prObably still be required. Land Use/General Plan/Zonina. Both the proposed project and alternative are in general compliance with these issues. issue of affordable housing and community purpose facilities be met with the proposed project and this alternative. Community social Factors. Neither the proposed project nor this alternative would have impacts to community social factors. this The will Communi tv Tax structure. This alternative would generate lesser fees, as it results in lesser density. Fewer units would be built, resul ting in lower property tax assessments. Fees paid to schools, parks, the water district, and other public facilities would be reduced. Parks/Recreation/ODen SDace. More open space would be created with this alternative than with the proposed project. The tennis courts, pool, and jacuzzi facilities associated with the proposed project are eliminated in this alternative. The decreased number of units would result in fewer funds for public park land and no private recreational facilities would be provided. Public Services and utilities. Lesser demands would be placed on public services and utilities with this alternative. The number of students projected would reduced from 105 to 84, but the project would still be required to annex into a CFD to fully mitigate impacts. Public Health. The lesser density of this alternative may allow designers to incorporate greater distance from the transmission lines. At this time it is not possible to determine significance of the lines to public health. As discussed above, incorporation of a part of the marsh into the project allows a source of mosquitoes and biting flies, and provides a potential for disease. This alternative could introduce significant health concerns. Thus, while this alternative would reduce some impacts, mitigation measures similar to those required for the proposed project would still be needed. This alternative would not create significant impacts to biological resources, but could create impacts to aesthetics and public health by preserving the marsh on-site. Cumulative impacts to air quality would remain unmitigated under this alternative. Therefore, as this alternative does not substantially avoid or lessen the adverse effects of the proposed action, it is not considered to be environmentally preferable and therefore is infeasible. 15 J~~ - Lf:3 3. Alternative DesilP1,B This alternative would be identical to the proposed project, except the proposed street system would be public rather than private. All impacts associated with this project would be the same as with the proposed project, except those related to Community Tax structure. As currently proposed, the proj ect contains approximately 2.5 miles of private local streets. As such, the city of Chula Vista would not incur any maintenance costs. Such costs would be borne by the property owners through a homeowners association. If the streets were dedicated to the City of Chula vista as public streets, however, the city would be required to maintain them within its regular street maintenance program in its Operations and Maintenance Budget. Redesignation of the private streets to public would allow through- traffic to gain access through the project site. However, volumes of traffic are not projected to change significantly, and additional traffic impacts are not expected to occur under this alternative. The proposed project would have a net positive fiscal balance for the City of Chula Vista, with assessed fees and taxes exceeding costs. with the city assuming the streets and the ensuing maintenance, that fiscal balance would remain positive, although it would be reduced. Under the proposed project (private streets) the net positive fiscal balance in year fifteen would be projected at $827,043. Under this alternative (public streets), the projected net positive fiscal balance would be $454,718. This is a reduction of $372,325. This alternative would result in the same impacts as the proposed project, with the exception of community tax structure. The City'S fiscal balance, while still positive, would be reduced under this alternative. The significant, unmitigated impacts with respect to biological resources and cumulative air quality and water supply would remain. While this alternative cannot be deemed infeasible it would not substantially lessen or avoid the adverse effects created by the proposed project and is not considered to be environmentally preferable. 4. Off-Site Alternatives The State supreme Court has recently ruled that EIRs must include an analysis of alternative sites for proposed projects, even though the sites may not be owned by the applicant [Citizens of Goleta Valley v. Board of supervisors ("Goleta I") (2d oist. 1988) 197 Cal. App. 3d 553 [276 Cal. Rptr. 410]). Three alternative sites 16 /1 B-1-~ were analyzed in the EIR. These are considered infeasible because the potential environmental effects were found to be greater than those expected on the proposed project area. A ~ Ranch Alternative ~ This site consists of approximately 500 acres within the otay Ranch property and is located southwest of the Telegraph Canyon Estates site. Like the Telegraph Canyon Estates property, this site is within the unincorporated area of San Diego County. This site encompasses a portion of Poggi Canyon. The site is within the County of San Diego's otay Subregional Plan and is subject to land use and zoning regulations defined in that document. The General Plan's land use classification for the property is Residential (low-medium density, 3-6 du per acre), and the site is zoned A-70, Limited Agriculture, allowing 1 du per 4 or 8 acres). The proposed otay Ranch plan would provide low-to-medium density (3-6 du/acre) residential development on this parcel. If the otay Ranch alternative site is chosen, impacts to geology/soils, hydrology/water quality/groundwater, air quality, cultural resources, traffic, public services, and public health are expected to be similar to those which would occur with implementation of the project as proposed. Fewer impacts related to landform alteration and noise are expected. However, impacts to biological resources could potentially increase, and the effect on community tax structure would be greater. Particularly in terms of biological resources, this alternative is not considered to be environmentally preferable. B. ~ ~ Alternative ~ This site also consists of approximately 500 acres of vacant land. It is within the jurisdiction of the City of San Diego, and is about 0.5 miles east of I-80S, north of otay Mesa Road. The site is presently vacant and is surrounded by vacant land. It is within the city of San Diego's otay Mesa Community Planning area and is designated for mixed land uses (very low to low-medium density residential, neighborhood commercial, parks, and schools). The property includes portions of the proposed california Terrace and Hidden Trails projects. Brown Field is approximately one mile east of the site. If the otay Mesa alternative site is chosen, impacts to traffic, community social factors and tax structure, and public services are expected to "be similar to those which would occur with 17 / ~ ~ - J./-r implementation of the project as proposed. Fewer impacts would occur with respect to parks, recreation, and open space. However, it is anticipated that impacts would be greater to geology/soils, hydrology/water quality/groundwater, landform alteration and aesthetics, biological and cultural resources, land use/general plan elements, and public health. c. Eastlake Vistas.iUllJ Woods This 500-acre site is composed of two parcels north and south of otay Lakes Road and west of the Lower Otay Reservoir. It is in the city of Chula vista's Eastern Territories and is the easternmost property within the Eastlake Planned Community. The property is proposed to be developed as the Eastlake Vistas and Woods residential neighborhoods. The site is currently vacant, with development existing to the east and approved to the west. The future extension of S.R. 125 is just over one mile west of the site. Salt Creek, an important biological and aesthetic resource, is located on-site. If the Eastlake vistas and Woods alternative site is chosen, impacts are expected to be approximately the same as on the proposed project site for landform alteration/aesthetics, air quality, traffic, land use, community social factors and tax structure, utilities, and public health. Impacts related to noise and parks/recreation/open space would likely be reduced. However, there is the potential for increased impacts to geology/soils, hydrology, and biological and cultural resources. 18 )~~ - L4 STATEMENT OF OVERRIDING CONSIDERATIONS: B8c~ound The state CEQA Guidelines provide: "(a) CEQA requires the Decisionmaker(s) to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'. (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a) (2) or (a) (3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination." (CEQA Guidelines Section 15093) The Decisionmaker(s) in approving the various permits that are the subject of the FEIR, having considered the information contained in the FEIR and supporting technical reports, GDP, and SPA; and having reviewed and considered the public testimony and record, makes the following statement of Overriding Considerations in support of the Findings. The Decisionmaker(s) further find and conclude that the public benefits of the project outweigh the identified significant unmitigated impacts with regard to biological resources, cumulative air quality, and regional water availability. The Decisionmaker(s) find the following factors support approval of the project despite the significant and unmitigated effects of the proposed project, and make the following Statement of Overriding Considerations: 1. The project will LulLill a demonstrated need Lor housing in the Chula vista Sphere oL Influence area. According to SANDAG's Series 7 Growth Forecast, the population within the city of Chula Vista Sphere will grow to 186,900 by 2010. This represents a 31% increase over the 1986 sphere population of 129,200. The SANDAG forecast further projects that the number of occupied units will increase to 70,800 occupied units in 2010, up 35% over the 1986 total of 46,100 units. The regional population is forecast to climb to 3,154,500 by 2010. While the population 19 JLf9. ,t7' growth rate within the city of Chula Vista's current city limits is 22% below the regional rate, the growth rate in the sphere area is projected at 174% higher than the regional rate. The proposed lot and home sizes will be provided for varied single- family market opportunities within the community. The 10% affordable housing requirement will be provided by dedication of a parcel off-site for this purpose, payment of in-lieu fees, or a combination of these or other comparable measures. 2. The project is in conformance with the Eastlake Policy Plan and Chula Vista General Plan. The Telegraph Canyon Estates General Development Plan (GDP) will implement the Eastlake Policy Plan Goals to . enable the city to adopt measures providing for the development of the surrounding areas . establish conditions which will allow land uses to exist in harmony with the community . and allow a diversity of uses, relationships, buildings, and open space in a planned concept while insuring substantial compliance with the spirit, intent, and other provisions of the General Plan. The project will be compatible with adjacent land uses and has been designed to create harmony between land uses. Overall landforms will be preserved and the project will adhere to the General Plan's Scenic Highway Criteria. 3. The Public Facilities Financing Plan (PFFP) prepared for the project will provide a mechanism for funding needed facilities within the City of Chula vista. The PFFP is the first to be prepared under the requirements of the City of Chula Vista's Growth Management Program and Implementation Ordinance No. 2448. The PFFP quantifies how the Telegraph Canyon Estates project relates to all other projects which are at some stage in the city's overall development process. It ensures that the development of the project is consistent with the overall goals and policies of the city's General Plan, Growth Management Program, and that the development of the project will not adversely impact the Quality of Life Standards. Under the PFFP, the applicant will pay development impact fees for public facilities (police, fire and emergency medical services; schools and libraries; parks and recreation; and water, sewer and 20 J i f2> ~ tfJ Aug.19 '9212:02 AFFINIS FAX 441-6421 P. 2/ 4 drainage) and a transportation development fee pursuant to the most recently adopted program by the city council. 4. The recreational facilities and funding provided by the project are needed in the city of Chula vista. The project, as proposed, would provide private recreational facilities for residents. In addition, the applicant will pay in- lieu park fees which will be used to fund needed park and recreation facilities in other areas of the city of Chula vista. 5. Approval of the project will ellflelfiee ~. formation of new Community Facilities Districts (CFD) 'loi-^"ciey schools. The Telegraph Canyon Estates project was formerly a part of the otay Ranch project, and thus it had been assumed that this parcel would annex into the new erD that will be formed for otay Ranch if that project is approved in the future. As Telegraph Canyon Estates is now being processed separately, the applicant has negotiated with both the Chula vista Elementary School District and the Sweetwater Union High School District to form a new crD prior to otay Ranch. erD 7 will annex the proposed project with the Salt Creek Ranch project (already approved and built) to provide funds for needed school facilities. 6. with the provision of an offsite easement dedication for 0.9 acres of existing wetlands to be preserved and incorporated into a larger wetland habitat area, biological impacts will be reduced to below a level of significance. The proj ect appl icant proposes to coordinate the location and dedication of an offsite conservation easement for 0.9 acres. If this offiste mitigation occurs, the removal of onsite wetlands will be mitigated. The exact location of the offsite conservation easement will be determined and dedication will occur prior to the removal of the onsite wetlands. 7. The provision of reclaimed water service to the site will mitigate the impact regional to water availability. The project proposes to construct an onsite dual-water system to provide for the use of both potable and reclaimed water. The production of reclaimed water is controlled by the Otay Water District (OWD). Distribution of reclaimed water is controlled by the construction of reclaimed water pipelines. CUrrently, reclaimed water pipelines do not reach the project site. The OWD's Master Plan for reclaimed water facilities designates that reclaimed water pipelines will be provided in Otay Lakes Road, from 21 / Lf ~ - fer Lane Avenue to the project site. When these pipelines are constructed, the project will be served by reclaimed water by the OWO. The provision of service of reclaimed water will mitigate the impact on water availability to below a level of significance. For these reasons, on balance, the City finds that there are planning, social, and economic considerations resulting from this project that serve to override and outweigh the project's unavoidable significant environmental effects. 22 /~~-9 TELEGRAPH CANYON EST A TES MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) EIR 91-05 11 If- -S7 EXHIBIT B N N W '- ~ ~ , b Mitigation Measures Table 11.1 DRAFT MmGATION, MONITORING, AND REPORTING PROGRAM TImeframe Responsibility for Verification Date of Completion --------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- Mitigation Complete, Dated, and Verified 11.1 GeoIogy/Pllleontology Geoloav 1. Subsurface exploration shaR be pelformed In the lonn 01 geologic logging 01 large diameter borings In the vicinity 01 cut slopes, once grading plans are specificalty dellned, to determine K bentonitic clay seams exist and to determine K actual subsurface condtilons reflect those anticipated In the technlcel repori. 2. In areas 01 proposed ftR or structures,aa vagetellon or other abandoned structures or utilities shan be strfpped and/or removed from the stie. Topsoo, coouvlum. and aAuvlum shal be removed to bedrock and replaced by densely compactedfta. Unsuttable fta materials wlR be removed during grading and clean ftn (free 01 debris and rocks) wIR be brought In, wetted down, and densely recotnpacted. Fins constructed on natural slopes steeper than 5:1 (horlz./vert.) shaD be keyed and benched Into bedrock. 3. 4. Selective grading lor building pads and streets shall be done to avoid expansive solis or clayey alluvial materials. PrIor to Issuance of grading permti and during project grading . . . . . . City Engineering Dept. . . . . N N .,.. ----- ~ ~ I W Table 11.1 Continued Mitigation Measures TImeframe Responsibility for Verification Date of Completion Mitigation Complete, Dated, and Verified --------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- 5. Rock dlsposal Is recommended to be In a non-structural area, wtth larger rocks Incorporated Into lower parts of compacted fills tt performed under the observation and testing by a geotechnical consultant, and may require special rock handling equipment. 6. Buildings shall not straddle a cut-fin transition due to potential differential settJernentsof bedrock and fig mater- Ials wtthln building pads. Undercuts and grading are to be done In accordance wtth recommendations of the geotechnical report (Appendix B), 7, To avoid surface slope failures, appro- priate plant material selectionsand irrigation components and design shall be reviewed and approved by the CRy's Landscape Archttects. 6. Surface runoff to natural and graded areas shall be minimized, Pad dralnaga shall be dlrected to suitable disposal areas via aved swales and storm drains. Subdralns shan be placed under an fills located In drainage courses. 9, Soil axpanslon potential shall be evaluated on a Iot-by-lot basis upon completion of project grading. If tt Is determined that conditions are not acceptable for standard foundation design, additional measures (such as lime treatment. removal of soHs, or post-tensioned slab foundations) shan be Implemented, Prior to Issuance of grading permtt and during project grading Prior to Issuance of grading permtt and during project grading Prior to Issuance of grading permtt and during project gradlng . . Prior to Issuance of building permtt CRy Engineering Dept. . . CRy Landscape Archttect CRy Engineering Department CRy Engineering Dept. and Building Dept. '" '" '" ~ ~ I ~ Table 11.1 Continued Mitigation Measures TImeframe Responsibility for Verification Date of Completion Mitigation Complete, Dated, and Verified --------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- 10. The City of Chula Vista wm also PrIor to City Engineering Depl. require detailed grading and drainage approval of plans to ba prepared In confonnance whh grading The Chula Vista Municipal Code. the Sub- plans division Manual, and all applicable ordinance, policies. and standards. 11. Final grading and foundation plans will PrIor to City Engineering Depl. Include design and construction racorn- Issuance 01 and Building Depl. mendations found In Appendix B to this EIR. building permit 12. A quaHfled geotechnical geotechnical During project City Engineering Depl. consuhantwlll monhor project grading to grading & geotechnical consuhant detennlne that grading compiles whh reo- comendations made In geotechnical report. II soli conditions are differenct from those ""Pected, modltlcations may be made. 13. The geotechnical consuhantwlll ba Prtorto required to submh a Testing and Dbser- Issuance of vation Report to the CIty'sEnglneerlng building pennh Division to verify that ati requirements heve been met during project grading. Paleontoloav 1. Tha appRcant shall provide a letter to PrIor to City Engineering Depl. the City of Chula Vista verhylng that Issuance of a qualified paleontologist has been grading pennh & retained to Implement a mhlgation program. prior to grading 2. Tha paleontologist shan 8llend a pre- PrIor to com- . . grading meeting to consullwhh the mencement of grading and excavation contractors. grading 3. A paleontologlcal monhor wm ba on-she During project City Engineering Depl. and at all times during original culling of grading paleontological monhor previously undisturbed sediments mapped whhln the Sweetwater and Dtay Fonnatlons. N N '" -- ~ ~ I ~ Table 11.1 Continued Mitigation Meaaures T1meframe Responsibility for Verification Date of Completion --------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- Mitigation Complete, Dated. and Verified 4. ~ lossllsare encountered, the paleon- tologist or paleontologlcel monRor shaH recover them. II recovery requires an extended selvage time, the paleontologist or paleontological monRor will be "lowed to temporarily direct, divert, or han grading to "low recovery In a timely manner. The paleontologist or paleontologlcel monRor will be aHowed to set up a screen-washlng operation on-sRe, ~ necessary, to recover small lossll remains (e.g., mammal teeth, etc.). 5. 6. AI lossll remains collected during the mon- Roring and salvage program shaH be cleaned, sorted, cataloged, and deposRed In a scientific Instltution wRh paleontological coHections such as the San Diego Natural HlstoryMuseum. 11. 2 HydroIogy,.,....QuaIIy~ Water QualRY, 1. Project must comply wRh !!! applicable negulations established by the US EPA as set lorth In thathe National Pollutant Discharge Elimination System (NPDES) permR requirements lor urban runoff and stonnwater discharge and any regulations adopted by the cny 01 Chula Vista thereto. 2. The applicant shall submR an erosion control plan In accordance wRh cny 01 Chula Vista design standards. At a minimum, the Plan shall evaluate the need lor, sandbegs, temporary sediment basln(s), and similar measures. The fltan shall also evaluate the need lor an erosion control maintenance program; and Included one ~ needed. During project grading . . Prior to tentative map & Improvement plans Prior to issuance of grading permn cny Engineering Dept. and paleontological monitor cny Englneerlng Dept. cny Engineering Dept. Table 11.1 Continued Mitigation Measures TImeframe Responsibility for Verification Date of Completion ===================================================================================================================== Mitigation Complete. Dated, and Verified 3. The developer shall be requ~ed 10 obtain an NPDES constructlonperm~ for Ihe subject property from Ihe Stale Waler Re- sources Control Board and 10 subm~ pollu- tanl control and mon~orIng plans 10 Ihe Regional Water Quality Control Board prior 10 Ihe Issuance of grading p~s. " Ihe Stale does not require developments Nke Ihe proposed project 10 comply w~h Ihe constructlonperm~ process prior 10 completion of grading, Ihls condition becomes ineffective, Orainaoe: 1. The appllcanl shall su~ a slorm drain plan In accordance ~h City N of Chula Vista design standards. N .... 2. Adhere 10 slandard engineering practices and Ihe Engineering -- Departmenl's grading guidelines. --{::: 3. Place a banier betw_ property and Q:t adjacent dralnageway unlll 9O'llo I landscape coverage Is achieved. ~ 4. The appIIcanl shall pay Ihe Telegraph Canyon Drainage fee. 11. 3 UnIonn AIknlioflIA..dI........ 1, Grading for Ihe Telegraph Canyon Estales project shall adhere 10 Ihe guidelines of Ihe Chula Vista Generel Plan Land Use Element. Prior 10 approval of as-buIK grading plans Prior 10 Issuance of grading p~ During project grading . . Prior 10 Final Map Prior 10 approval of grading perm~ City Engineering . . . . . . City Engineering City Planning '" '" co --- ~ ~ I lJI --.l Table 11.1 Continued Mitigation Measures T1meframe Responsibility for Verification Date of Completion Mitigation Complete, Dated, and Verified ===================================================================================================================== 2. Development 01 the project shan comply wnh the Scenic Highway Criteria. 3. The mitigation monnoring program shall entail review 01 grading plans and tha T entalive SUbdivision Map by the CUy Engineering Department to ensura compliance wnh the CUy's grading and design standards. The landscape plan shall be reviewed and approved by the CUy Landscape Archnect 4. 11.4 AIr QuoIIy Consbuction-Pha InmBds 1. Dust control through regular wetering 01 the sne during grading operations wiD be requ~ed as a IUgnive dust abetement measura to reduce emissions dullng grading. 2. Comply wnh adopted policies 01 APCD and ARB ~<;1I'O'Ctp.........I~_........ . A';t'l'lrf ~''O'ldtrR.-..... ""r Ft't'1 f9.~litll1ti or ",aDO RAl1it ro'lt9t Prior to approval 01 grading permn and Im- provement pians Prior to building permn. Prior to grading permn or dur- Inggradlng p..l....... IUGUIR;. gf ":"'l'...,p....~.p~l11! CUy Engineering Dept. CUy Landscape Archnect CUy Engineering Dapt. .....:.y or"'RRIRi N N \0 '- ~ ~ , ~ Table 11.1 Continued Mitigation Measures T1meframe Responsibility for Verification Date of Completion Mitigation Complete. Dated. and Verified ===================================================================================================================== ? C'QRtrmlct".... Fr.cjlj'~ ....I..~ Wf~' '9A1HJP'Ati~q fRatvRAl9' "'I:II;~ mgot lWq 1~ ~-~ 11""'3~ ,,~,I"9mTt'r: .R~ r.cKI.,k:ot~at RVm9'ti IfG prv pl'tmlltr'il to OR 1XJ'IRIlgQ ~~... fadHt_q ...... ..I panr" lolartR1Jmlfll vvllvotvmtor IF. vr 1:1(7"," '''r.- "OOIt~~ .~,l..vm~~ m\@@i~iiIiW~) 11. 5 IIIologIeoI Resources 1. The area to be lost win be replaced by the preservation ot wetland habUat off site at a one to one ratio In com- pliance wnh Department 01 Fish and Game & US Fish & WlldlOe ServIce requirements. 2. The 011 sUe mitigation area win be In assoclationwnh a larger marsh or ri- parian area. to encourage the eslabHsh- ment 01 habttat 01 meaningful size to wlldlOe. Beesusethe wetland area on sUe Is less than one acre In size. U fans under the national pennittlng requirements 01 the flmry Corps 01 Engineers. The AppDcant shan preserve the long-tenn conservation 01 wetland areas 011 sUe by dedicating 0.9 acres to the City as part of a natural open space lot or easement. The City shan place a natural open space lot or easement In this acreage which would eliminate future bundlng activity and which would set 0.9 acres aside lor the preservation 01 wetiands off-sUe. 3. ~........... In"~A't of 1;>' .11"'1"'3 por:mitr Prior to Final Map El'IU-dI"'gn'Vt City Planning N W o - -{:::;: 6:s I Table 11.1 Continued MItigation Measures Tlmeframe Responsibility for Verification Date of Completion --------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- Mitigation Complete. Dated, and Verified 11.7 T.........bdlun 1. Provide the project's contribution of funds towerd roedway Improvements called ou1ln the ECVTPP. The spec:lflc Improvements required for the proposed project (such os possible roadway widening restriplng, or Inslellation of signals) will be determined by the City of Chula V1sle's Engineering Department. A11lmprovemenls wiD be funded on a falr. share basis among projects. The project's fair share contribution towerd millgating direct and cumulative Impacts wlU ba made a condition of the TSM. 2. 11.8 NoIse T emDorarv lmeacts 1. ConsbuctionwiD be DmKed to the hourS of 7 a.m. to 10 p.m. on Monday through Friday, 7 a.m. to 8 p.m. on Saturday and Sunday, and prohlblted on Federal hoDdays to minimize temporary effects. ~ Lona Term Imoacts. 1. Consbuct noise bani.... along the rear properiy lines of those lots proposed wKhln the 65 dBA-contour, consist of 5.5-foot high, gep-free slumpstone or masonry sound weffs or barriers. Prior to issuance of building permKs . . Prior to grading permK and during project grading Prior to issuance of buHdlng pennK City Engineering and BuDding Dept. BuDding Dept. City Engineering and Building Dept. Table 11.1 Continued Mitigation Measures TImeframe Responsibility for Verification Date of Completion ===================================================================================================================== Mitigation Complete, Dated, and Verified 2. All noise walls will be constructed In conlormance with Ihe design guide- Nnes set lorth In Ihe SPA. which lollow the Eastlake I Design Guidelines. Materialswin conslslol stucco or slone wans with plexiglass panels. 3. AddhlonaJ nolse-reducing building mater- Ials (extra Insulation. double-paned glass, or mechanical venlllatlon) may be required 10 mhigaJe noise Impacts lor some homes. No second story balconies shaN lace S.R. 125. Prior to Issuance of building permhs . . '" w 11.9 Und~~ .... Mitigation win consislol 2!!! 01 Ihe lonowlng: "- 1. Dedicale a parcel oil-she lor Ihe Prior to ~ constructional Iow-Io-moderate Income approval 01 ~ housing to meet Ihe 10% requiremenl; Final Map . . , 2. Pay In-lleu lees to tha City for the construction of low-to-moderale Income housing 10 meet the 10% requirement; S' 3. Or provide a parcel which partially C) meets Ihe 10% requirement and pay In- Oeu lees 10 meet the rest. 11.12 P8rb. R............. Opon Space 1. The appOcant shaO pay in-lleu park lees in conlormance whh Section 17.10 01 the Municipal Code. Prior to approval 01 Final Map City Planning BuNdlng Dept. City Planning . . . . . . Table 11.1 Continued Mitigation Measures TImeframe Responsibility for Verification Date of Completion Mitigation Complete. Dated. and Verified ==================================================================================================================== Schools 11.13 _ SonIces end UlMes I. ~ I. 2. N W N 3. ~ ~ ~ I ~ ........ 4. 5. 6. Ann... Inlo Ihe new CFDs which ere being lonned lor Ihe Satt Creek Ranch and Telegraph Canyon projects. The appllcenl shall ob1aln wlll.seove lellers!rom Ihe OWO. The project may also be requ~ed 10 pay Central Area Reservoir F.... Implemenl waler conseovaUon measures lor individual households,as detailed In Ihe SPA. Feature droughl-reslslanl planls In landscaping Provide a syslem 10 use reclaimed waler Irrigation when tt becomes available. " potable waler will be requ~ed unll reclamed waler becomes avail. able, all waler lines shall be planned to avoid future cross-connections. Prior 10 Final Map Prior 10 building permtt Prior 10 building & grading pennlla Prior 10 grading permtt Prior 10 mprove- menl plans . . CUy Planning BuDding Dap!. CUy Planning and Building Dap!. CUy Landscape Archttect CUy Engineering N W W ......... ~ I ~ ~ ~hle 11.1 Continued Mitigation Measures T1meframe Responsibility for Verification Date of Completion Mitigation Complete. Dated, and Verified -------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------- mlfiDY.::t&1iiWitt&I tttm@;w_I~I.III'[lllillllll[~IIII.II@mq;;~~!ilIj- -=- Sewer Service II rnon~or1ng determines Inadequate sewer capaclty within the larger drainage basin, the lollowlng m~lgatlon win be required: 1. The developer shan be required to construct project-specific sewage system Improvements. 2. The developer shaH also be required to contribute toward the costs 01 any mon~orlng and to construct, or con- tribute towards the costsol constnJct- lng, any required tnJnk sewer improve- ments In proportion to the development's now with respect to the cumulative waste water nows generated by new development w~hln the Telegraph Canyon basin. 11.14 PubIc HeoIIh 1. The project appUcanl shan comply w~h any Iuture policy regarding EMF adopted by the City 01 Chula Vista prior to consideration 01 the Final Map. Durlng on-golng City monnorlng of sewer system City Englneerlng During on-golng CIty mon~orlng of sewer system City Englneerlng Pliorto Final Map City Planning RESOLUTION NO. PCZ-92-A1PCM-91~7 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL AND IMPOSING CONDITIONS ON THE TELEGRAPH CANYON ESTATES PROJECT INVOLVING A PREZONING TO P-C PLANNED COMMUNITY, AN AMENDMENT TO THE EASTLAKE I GENERAL DEVELOPMENT PLAN AND P-C DISTRICT REGULATIONS, SECTIONAL PLANNING AREA PLAN, PUBLIC FACILITIES FINANCING PLAN, AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN, CEQA FINDINGS, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the area of land which is the subject of this resolution consists of 112.4 acres of presently unincorporated property located on the north side of Telegraph Canyon Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores (Exhibit 4 of the Sectional Planning Area Plan); and, WHEREAS, the project involves a prezoning to P-C Planned Community, an amendment to the EastLake I General Development Plan and P-C District Regulations to include the Telegraph Canyon Estates property therein, and a Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan, Water Conservation Plan, CEQA Findings, Mitigation Monitoring Program and Statement of Overriding Considerations for a maximum of 350 single family lots, plus two private recreation areas, two Community Purpose Facility sites, and over 20 acres of open space on the subject acreage; and, WHEREAS, the Final Environmental Impact Report forthis project (EIR-91-05) has been certified by the Planning Commission; and, WHEREAS, the Planning Commission having received certain evidence on August 12, 1992, as setforth in the record of its proceedings and incorporated herein by reference as if setforth in full, made certain findings as setforth herein and recommended to the City Council the approval of said project applications and plans based on certain terms and conditions; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA does hereby recommend that the City Council determine, find, and resolve and order as follows: ., , . ) tf~ - 1,3 Resolution No. PCZ-92-NPCM-91-07 Page 2 1. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Environmental Impact Report on July 22, 1992, and certification of the Final Environmental Impact Report on August 12, 1992, and the minutes and resolutions therefrom are hereby incorporated into the record of this proceeding. 2. CONDITIONAL APPROVAL The Planning Commission does hereby recommend conditional approval of the following: A prezoning to P-C Planned Community, an amendment to the EastLake I General Development Plan and P- C District Regulations to include the Telegraph Canyon Estates property, Telegraph Canyon Estates Sectional Planning Area Plan, Telegraph Canyon Estates Public Facilities and Financing, Air Quality Improvement and Water Conservation Plans, and CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations for Telegraph Canyon Estates. The above referenced plans and documents are incorporated herein by reference. The overall project as described in the Final Environmental Impact Report shall be developed without variance from the description or as modified by the conditions of approval, and that to the extent the project describes the measures which will mitigate environmental impacts, 'the applicant shall implement those measures contemporaneously with the project. The zoning, planning and land use applications listed above are subject to the following conditions (unless otherwise noted, all conditions shall be accomplished prior to approval of a tentative map). The following conditions shall be implemented, and the applicant's continued right to use the property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: 1) All mitigation measures contained in EIR-91-05 are hereby made conditions of project approval. 2) The Public Facilities Financing Plan shall be approved subject to the General and Special Conditions contained in the Executive Summary. The following shall be added to the General Conditions: /'1/& - ''I Resolution No. PCZ-92-NPCM-91-07 Page 3 . The Public Facilities Financing Plan shall be followed with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. . An annual fiscal impact report reflecting the actual revenue and expenditure impacts based upon the development of the project shall be prepared by the developer. The project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. The details of such a funding program shall be determined prior to approval of the tentative subdivision map. 3) The water conservation recommendations and implementation program discussed on pages 15 and 16 of the Water Conservation Plan, and as further amended by condition no. 4, are hereby made conditions of project approval. 4) The Telegraph Canyon Estates Water Conservation Plan shall be revised to include the following language regarding a water offset policy: The project shall comply with a City-approved water use offset policy in which one or more of the following offsite measures may be required: . Compliance with a regional water use offset program, to be administered by the San Diego County Water Authority. . Compliance with a locally administered water use offset program (such program may be administered by the City, water district, or a combination of both); J'f~ -4-S- Resolution No. PCZ-92-AlPCM-91-07 Page 4 . Implementation of specific water use offset measures for this project, if neither a regional or locally-administered water use offset program is in place prior to issuance of building permits for any portion of this project. In the event that a City-approved water offset policy is not in effect at the time building permits are issued, the requirements of this plan shall be met through implementation of specific water offset measures for this project, with the level of offsets and specific measures to be approved by the City. 5) The air quality mitigation measures and monitoring program discussed on pages 24-26 of the Air Quality Improvement Plan are hereby made conditions of project approval. 6) Prior to approval of a final map by the City Council, an affordable housing agreement shall be reached between the developer and the City. Said agreement shall be in accord with the adopted Housing Element. 7) Approval of a tentative map will be subject to the findings of the HNTB study of State Route 125 which will provide staff and the City Council with the necessary information to assist in determining and/or allocating project approvals. 8) The SPA Plan shall be amended to provide for (1) the consolidation and relocation of the CPF acreage adjacent to the project entry or, in the case of a public street system, adjacent to the central recreation site, or (2) an agreement providing for a 1.5 acre or larger CPF site in the first phase of Otay Ranch. If an agreement for the off-site alternative cannot be reached between the City and developer prior to tentative map approval, the map shall indicate a CPF site as noted in (1) above until such agreement is reached. 9) If a CPF site(s) is to be provided on-site, the SPA Plan shall be amended to include the CPF provisions from the Municipal Code. 10) The P-C District Regulation amendment and related discussion in the SPA Plan shall be revised to correctly )'1/3 -" Resolution No. PCZ-92-A1PCM-91-0? Page 5 identify the RS-5 regulations as applying to the larger lot product, and the RS-? regulations as applying to the intermediate and smaller lot products. 11) The project shall incorporate public rather than private streets, the design of which shall be subject to review and approval of the City Engineer. 12) Provided a public street system is required as a condition of approval of the SPA Plan, the central north-south collector shall be cul-de-saced at its northerly terminus and the configuration of lots and street designs shall be adjusted accordingly subject to review and approval of the City Engineer. If the north-south collector is cul-de-saced, a pedestrian easement or right-of-way shall be provided at the end of the cul-de-sac or other acceptable alternative to accommodate the proposed trail component subject to review and approval of the City Engineer and Director of Parks and Recreation. 13) Provided a public street system is required as a condition of approval of the SPA Plan, the PFFP shall be revised accordingly. 14) Should the project be served by public rather than private streets, it may be necessary to review and modify the proposed improvements for the central recreation area, Le., no pool or spa, but perhaps play structures, etc. Any changes to the proposed improvements shall be subject to review and approval of the Planning Commission and City Council with the tentative map. 15) Provided the project retains private streets, the walls adjoining open space districts shall be located outside the district boundary. Should the project be served by public streets, the walls shall be located within the district boundary. 16) The development and design of the private recreation areas shall be subject to review and approval of the Director of Planning prior to approval of a tentative map. 1'18 - t/? Resolution No. PCZ-92-AlPCM-91-07 Page 6 17) Grading for the open space district lot shall provide a level, clear area at least three feet wide, as measured from face-of- wall to beginning-of-slope, along the length of any wall abutting said area as approved by the City Engineer and Director of Parks and Recreation. 18) Flag lot design shall adhere to the requirements and standards for panhandle lots contained in the Municipal Code (Section 19.22.150). 19) Final recreation trail and fence design and location shall be subject to approval of the Director of Parks and Recreation. 20) The CC&R's for the project shall prohibit the parking of RV's or boat trailers in the development. 21) The SPA Plan shall be revised to include the requirement that each lot shall be served by at least one on-street parking space within 200 ft. of the lot it serves. (Failure to meet the standard may reduce the number of lots.) 22) Design details for the bridge-like structure at the project entry shall be subject to review and approval of the City Engineer and Director of Planning prior to approval of a tentative map. 23) The use of street signs other than the City standard is subject to the review and approval and requirements of the City Engineer. 24) Specific proposals for enhancing the development edge along the Telegraph Canyon Road scenic corridor, Le., varied heights and setbacks, architectural treatment, and decorative landscaping and walls, shall be subject to review and approval with the tentative map. 25) The SPA Plan shall be revised to reflect permanent rather than temporary irrigation of open space districts unless an exception is granted by the Director of Parks and Recreation Department prior to approval of a tentative map. 26) All plant materials, sizes and locations, and provisions for irrigation of open space maintenance areas shall require /~,g -(,~ Resolution No. PCZ-92-A1PCM-91-07 Page 7 review and approval of the Director of Parks and Recreation prior to the issuance of a grading permit. 27) Access points to open space maintenance areas shall be subject to review and approval by the Director of Parks and Recreation prior to approval of a tentative map. The access road along the easterly boundary will be continuous from the multi-purpose courts, southerly to the Telegraph Canyon drainage channel. 28) Graded access shall be provided to all storm drain cleanouts, inlets and outlets, and paved access shall be provided to all sewer manholes. Exceptions may be determined on a case by case basis by the City Engineer. 29) Transit stop locations and designs, including benches and shelters, shall be subject to review and approval by the Transit Coordinator and the Director of Planning prior to approval of a tentative map. 30) The installation of transit facilities shall be concurrent with transit service availability. Since this may not coincide with project development, prior to approval of a tentative map the developer shall commit to fund these facilities. 31) A 5 ft. wide d.g. trail with a post and rail fence component shall be located adjacent to the existing sidewalk on the north side of Telegraph Canyon Road subject to review and approval of the Director of Parks and Recreation. 32) The reservation for the State Route 125 right-of-way shall be placed in an open space district pending its transfer to the State. 33) A 3 ft. wide solid base shall be provided on all walls fronting upon an open space district. 34) The specific treatment of between lot and rearyard slope conditions will be subject to review and approval in conjunction with the tentative map. I c.) tB - &/1 Resolution No. PCZ-92-A1PCM-91-07 Page 8 35) The three lots south of the water tank along the westerly property line, in the RS-5 large lot area, shall have their side property lines extended to the subdivision boundary to delete this area from the open space maintenance district. 36) Telegraph Canyon Estates shall submit annual building permit reports, traffic counts and fiscal impact analysis to the City commencing with the construction of the project and scheduled to coincide with the annual review of the Growth Management Oversight Committee. 37) Approval of the SPA does not constitute approval of final lot yields or configurations or street alignments or design as shown on the SPA Plan. Modifications may be made by staff, the Planning Commission or the City Council during the consideration and review of the tentative map. 38) Ten bound, loose leaf copies of the final approved SPA Plan and related documents, incorporating all conditions and corrections, shall be filed with the Planning Department prior to approval of a tentative map. 3. CONSISTENCY WITH GENERAL PLAN, P-C PLANNED COMMUNITY ZONE, GENERAL DEVELOPMENT PLAN AMENDMENT AND SECTIONAL PLANNING AREA PLAN FINDINGS P-C Planned Community zone and General Develooment Plan amendment 1. The proposed development as described by the general development plan Is In conformity with the provision of the Chula Vista general plan. The proposed amendment to the EastLake I General Development Plan is consistent with the Chula Vista General Plan in that it shows the Telegraph Canyon Estates property as Low-Medium Residential (3-6 du/ac) and establishes a substantial open space reservation along the Telegraph Canyon scenic corridor. The proposed net residential density of 4.3 du/ac is below the 4.5 du/ac midpoint of the General Plan LM range. Fig - 7tJ Resolution No. PCZ-92-NPCM-91-07 Page 9 The proposed prezoning is consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare, and good zoning practice support the prezoning to P-C Planned Community. 2. A planned community development can be Initiated by establishment of specific uses or sectional planning area plans within two years of the establishment of the planned community zone. The Telegraph Canyon Estates Sectional Planning Area Plan has been submitted for concurrent consideration with the P-C prezoning and EastLake I General Development Plan amendment. 3. In the case of proposed residential development, that such development will constitute a residential environment of sustained desirability and stability; and that It will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having Jurisdiction thereof. The Telegraph Canyon Estates development consists of three residential lot sizes in order to provide for varied and balanced single family residential opportunities within the project. Private recreation sites and common open space areas will contribute to the long term livability and stability of the neighborhood. Recommended altemative provisions for Community Purpose Facilities will ensure sites are properly located and of an adequate size to serve their intended use. 4. In the case of Institutional, recreational, and other similar nonresidential uses, that such development will be appropriate In area, location and over-all planning to the purpose proposed, and that surrounding areas are protected from any adverse effects from such development. I'f~ -.71 Resolution No. PCZ-92-A/PCM-91-07 Page 10 The provision of two private recreation areas will supplement public park and recreation facilities for the residents of Telegraph Canyon Estates and their location in the central and eastem portions of the property will protect surrounding areas from any adverse impacts. Recommended alternative location for Community Purpose Facilities will also protect surrounding residents from potential adverse impacts. 5. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. The streets have been designed to City standards and are adequate to carry the anticipated traffic. The recommendation to use public rather than private streets will incorporate the project's streets into the surrounding circulation network. 6. The area surrounding said development can be planned and zoned In coordination and substantial compatibility with said development. Surrounding areas are already planned, zoned and developed with compatible single family and mobile home uses. Section Plan nino Area Plan 1. The proposed sectional planning area plan Is In conformity with the general development plan of the P-C zone, any adopted spaclflc plans, and the Chula Vista general plan and Its several elements. The Telegraph Canyon Estates Sectional Planning Area Plan reflects the land use, circulation, open space and other policies and elements of the EastLake I General Development Plan and Chula Vista General Plan. 2. The proposed sectional planning area plan would promote the orderly, sequentiallzed development of the Involved sectional planning area. The SPA Plan and Public Facilities Financing Plan contain provisions, requirements and standards to ensure the orderly development of the project in a manner consistent with the I~,g - 7::2. Resolution No. PCZ-92-NPCM-91-07 Page 11 land use policies and facilities needs of the City and other public agencies. The Telegraph Canyon Estates SPA is proposed to be developed in a single phase with a 3 to 4 year build-out. 3. The proposed sectional planning area plan would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. The SPA Plan as conditioned will be compatible with surrounding uses and will not adversely affect the environment quality or circulation requirements of adjacent areas. 4. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS Adoption of Findinas The Planning Commission does hereby recommend that the City Council approve and incorporate as if setforth full herein the CEQA Findings for EIR-91-05. Adoption of Mitiaatio'n Monitorina Proaram As required by Public Resources Code Section 21081.6, the Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program for EIR-91-05 and incorporates it herein by reference as if setforth in full. The Planning Commission recommends that the Council find that the program is designed to ensure that during the project implementation and operation, the project applicant and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the findings and program. Adoption of Statement of Overridina Considerations Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant environmental effects caused by the project or cumulatively will remain. Therefore, the Planning Commission recommends that the City Council of the City of Chula Vista issue, pursuant to CEQA Guidelines Section J'f/d. -13 Resolution No. PCZ-92-A1PCM-91-07 Page 12 15093, adopt the a Statement of Overriding Considerations for EIR- 91-05 identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of August, 1992, by the following vote, to wit: AYES: Commissioners Casillas, Fuller, Carson, Decker, Martin and Ray NOES: None ABSENT: Commissioner Tuchscher (with notice) Joe D. Casillas, Chair ATTEST: Nancy Ripley, Secretary WPC 0432P.RES 1'/6- 7'1' ":",<. THE CITY OF CHUU nSTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other offidal bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest In the contract, I.e., contractor, subcontractor, material supplier. Baldwin Vista Associates, Ltd., A Limited Partnership ~ If any person identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. James P. Baldwin Alfred E. Baldw1n 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or heneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months'! Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you hefore the City in this matter. fl. Have you and/or your officers or agents, in the aggregate, col1trihuted more th:1Il SI,OOO to a Coul1cilmell1her in the current or preceding election p.:riod'! Y.:s _ No ~ If yes, state which Councilll1.:mh.:r(s): P~'r'\ In is ucfincd as: "AllY i/Jdin'dual. Jirm. c:o-pnr",('rsllip, joim I'(,II/llre', nssocimio/J, SOCIO! ell/h, FllIenw/ orgoniZ({/IOIl, (orporllfiOll, .'J/O/(', II'lIJ!, 1'('cC'h'('/" .\)'Ildic(l/C', llIis (llld fillY other CUlIIlIY, CifY (//1(1 cOlmll!', dry, mlflliCljJtI!iry, di.~'fric' or Oilier jJo!ilicol.wbdil'uiol1. III" tllIY o,IIel' group or comhinlllioll (/Clmg (lJ tI IIl/il," f):II.:: t:"OTE: Allach IIIJJilionat p:lgcs as ncccs'.lIV) / t - 5'~ 7/ ; \ l>!"{ 'I ()"j )'\ II Stephen P. Doyle J ~ICE; P'C~(O.-.J-r !'rilll (Ir type' 11:1111" III Ull1tr:ll.tor!:lpplic:Jlll )4-6- 7~ ... I ." "HI ot~ JLI B 720-A Edgewater Drive Chula Vista Cl)..r,19l3-2437 AugustR[CG E.9if:l:. ""c -gz 1\\.Ib 24 ll.9.59 City Council Members CITY OF CHULA VISTA Public Services Building Chula Vista CA 91910 C\1'( . CIT'( Ct it>. ,;-~~.'Orr\CE. CASE NO. PCZ-92-A and PCM-9l-07 Honorable Members of the City Council: This is to advise you that I, as a property owner at EastLake Shores, The Villas at EastLake, do challenge and oppose the prezoning, general development plan amendment and sectional planning area plan as outlined in a notice I received recent- ly. When I bought this property, which was cribed as "City Close, Country Quiet," have the developers keep that promise. in my estimation, mean or imply the new planned amendment, et cetera. advertised and des- I fully expected to "City Close" does not, city proposed by this There is no water, we are told; we are in a sixth-year drought, we are told. Where, therefore, is the water to come from for an other 350 families in this area? In addition to that, we already are faced with traffic congestion, with no allevia- tion to the problem in the near future. Wherefore should we be encumbered with additional problems to our atmosphere, en- vironment and peace of mind? This planned proposition makes "City Close, Country Quiet" ludicrous and a breach of a con- tract with us as home owners by the developers and by you, the City Council of Chula vista. Re",ectfulY ~. C rIa C. Mason ~ted, ;::/ A ~?~ , 'i~(2/) tlff--?? /~J z'O q~ JY.!3) Wj ~t5 o/dq;7~ ot~ /'1!3 City Council Members CITY OF CHULA VISTA Public Services Building Chula Vista CA 91910 720-A Edgewater Drive Chula Vista Ch.~19l3-2437 Augus~e.ccE9Y;1:.U W. I\\Ji 24 Jl.9 :59 .' ~ ')\51 A ~~\ ~L€RY,;S OFfICE. CASE NO. PCZ=92-A and PCM-9l-07 Honorable Members of the City Council: This is to advise you that I, as a property owner at EastLake Shores, The Villas at EastLake, do challenge and oppose the prezoning, general development plan amendment and sectional planning area plan as outlined in a notice I received recent- ly. When I bought this property, which was cribed as "City Close, Country Quiet," have the developers keep that promise. in my estimation, mean or imply the new planned amendment, et cetera. advertised and des- I fully expected to "City Close" does not, city proposed by this There is no water, we are told; we are in a sixth-year drought, we are told. Where, therefore, is the water to come from for an other 350 families in this area? In addition to that, we already are faced with traffic congestion, with no allevia- tion to the problem in the near future. Wherefore should we be encumbered with additional problems to our atmosphere, en- vironment and peace of mind? This planned proposition makes "City Close, Country Quiet" ludicrous and a breach of a con- tract with us as home owners by the developers and by you, the City Council of Chula Vista. ,-R~ctfe ;zt:'~ I Ila C. Mason ~ J;'~(Y) 0)~' 1'~. /~J z:o ff~ 11f.!3; Wj '0 o/o<~~..z /L/ 5 ~?6 '0 ~ ~ \ \ ~ (.. ,-..~ . . If-!f From: August 25, 1992 / S' Chris Salom~~ L, Bob Leiter "'t<<- Honorable Mayor and Councilmembers Date: To: Re: Amendment to Affordable Housing Condition of SPA Plan, Condition No. 6 of Resolution 16768 We recommend amendment of the aforementioned Condition 6, on page 14B - 18 of the Agenda Report, contained in Resolution No~ 16768, to read as follows: "Prior to approval of a final map by the city council, an affordable housing agreement shall be reached between the developer and the City. said agreement shall be in accord with the adopted Housing Element. In the neqotiation for said affordable housinq aqreement. the city shall have the option. at a minimum. to require the Applicant to dedicate fee title. without reservation or reversion. to sufficient land which. in the iudoment of the city. will permit the construction of housinq for low and moderate income families. as defined in the Housinq Element to the General Plan of the citv. in the confiquration of a site plan to be approved bY the citv. but which will be for not less than three (3) buildable acres. in a location and of a character satisfactory to the city." tceaha1.wp )ife. 7; Giroux &; Associates Environmental Consultants /Lj(J ! AIR QUALITY IMPROVEMENT PLAN TELEGRAPH CANYON SPA CITY OF CHULA VISTA, CALIFORNIA Prepared for: The Baldwin Company Attn: Steve Doyle 11975 El Camino Real, Ste. 200 San Diego, CA 92130 Date: August 6, 1991 /LJ(5/30 17744 Sky Park Circle, Suite 210, Irvine, California 92714 . Phone (714) 851-8609 . FlU (714) 851-8612 TABLE OF CONTENTS PAGE # 10.1 INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1 10.2 PLANNING CONTEXT ............................. 2 10.3 APPROACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10.4 ROLES AND RESPONSIBILITIES ..................... 5 10.5 AIR QUALITY LEGISLATION AND PLANS. . . . . .. . . . .. . 7 Background Air Quality Plan Requirements Transportation Control Measures Indirect Source Regulations Other Planning Programs Affecting Air Quality 10.6 AIR QUALITY SETTING. . . . . . . . . . . . . . . . . . . . . . . . . .. 14 10.7 PROJECT AIR QUALITY IMPACTS. . . . . . . . . . . . . . . . . .. 19 10.8 AIR QUALITY IMPACT MITIGATION ................ 24 10.9 MITIGATION MONITORING/CONCLUSIONS. . . . . . . . . .. 26 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27 JLj{f-Z/ 10.1 INTRODUCTION P1lQ)Ose The purpose of this Air Quality Improvement Plan (AQIP) for the Telegraph Canyon SPA is to fulfill requirements in the Growth Management Program (GMP) of the City ofChula Vista. As described below, the GMP results from a long term, comprehensive planning process. The City of Chula Vista has looked comprehensively at future development and its related impacts on public facilities and services. The approvals of the Threshold Ordinance and the General Plan update were the first steps in growth management planning. The policy process then led to the preparation and adoption of the Growth Management Element and fmally the Growth Management Program. The City's Growth Management Program is the last component in the Plan to form a comprehensive growth management system. This program implements the Growth Management Element of the General Plan and establishes an orderly process to carry out the development policies of the City. It directs and coordinates future gr9wth patterns and rates to guarantee the timely provision of public facilities and serviceS"~e primary area of focus of the Growth Management Program is east of 1-805 where most of the remaining vacant land within the City and its sphere of influence is located, including the proposed project site. 1 it! ;J - .8.:;" 10.2 PLANNING CONTEXT This AQIP draws from State, regional and local planning requirements. The California Clean Air Act (CCAA), the common name for AB-2595 (Sher), is the driving mechlln;!m'l in the current revision to the San Diego Air Basin Air Quality Management Plan. The CCAA requires submittal of an air quality improvement plan for each basin not in attainment with state or federal standards. Pollutants within the Basin that exceed state or federal clean air standards include orone, carbon monoxide, nitrogen dioxide and sub-10- micron diameter respirable particulate matter (PM-lO). This plan is intended to meet state law and is also expected to serve as the framework for air quality planning efforts required under the recently (November, 1990) promulgated National Clean Air Act amendments. The CCAA also serves as a base for many regional growth guidelines such as SANDAG's Draft Quality of Life Standards and Objectives document, prepared by the Regional Growth Management Technical committee. It covers eight topics: air quality, water quality, sewage disposal, sensitive lands protection, solid waste management, toxic and hazardous waste management, transportation system management and housing. These regional standards and objectives follow State and Federal law. At a minimum, they must be implemented on a regional level by agencies such as the Air Pollution Control District (APeD), Regional Water Quality Control Board, County Water Authority, etc. The methods that guide the Regional Growth Management Strategy in San Diego County are, of necessity, long term in nature and will involve every city and special district in the county, including the City of Chula Vista. Federal and state air quality standards provide the framework for the air quality, transportation system management (TSM) and transportation demand management components of the SANDAG Quality of Life Standards and Objectives. The California Air Resources Board (ARB) has classified the San Diego region as a severe non-attainment area for photochemical air pollution (ozone) and projects non-compliance with State standards until 1997. According to the San Diego APCD, the major sources of air pollutants in the region are motor vehicles and pollution transport from Los Angeles. Given this situation, local air quality improvement efforts are focused on transportation issues. To address transportation-related air quality problems, level of service standards for arterials, highways and transit systems are being developed along with goals for reducing single occupant auto trips. Actions necessary to achieve State and Federal clean air standards, and TSM and TDM objectives include: 2 J LI(J - 63 reducing solo auto trips by carpooling and using transit promoting telecommuting and staggered work schedules improving transit service building additional high occupancy vehicle lanes coordinating traffic signals and implementing other circulation system improvements reducing trip lengths through jobslhousing balance, mixed use development and focusing development near transit stations. The regional air quality attainment plans required by AB-2595 are now being prepared by SANDAG and the APeD. Although the areas of focus are well known, specific guidelines and standards are not currently available. Thus, a direct comparison or evaluation of the measures included in this AQIP with the regional standards cannot be made at this time. This Telegraph Canyon project, however, is residential, and specific requirements for residential projects are expected to be minimal in the new regional Air Quality Plan (AQP). In other words, because the AQP will focus more on transportation measures beyond the control of any single residential project developer, project consistency with the Plan is very likely. At the local planning level, cities must contribute to the air improvement effort with a day to day decision making framework to ensure attainment of regional standards and objectives. Even though no current local air quality plan exists in Chula Vista, the City Council is in the process of implementing the Growth Management Program which requires Air Quality Improvement Plans (AQIP) for major development projects (50 residential units or commercial/industrial projects generating more than 500 trips per day. Through the Growth Management Program, Chula Vista is actively working to establish effective long-term strategies that implement State and regional air quality standards and objectives. 3 )L-j[J --? i 10.3 APPROACH In order to insure that the role of transportation-related air pollution emISSIons are rninimi7.ed as much as possible, an increasing number of measures in the regional AQP will deal explicitly with tripNMT reduction. The principal measure under consideration is a mandatory trip reduction plan for all significant trip generators (APCD Regulation XIV). To some extent, the City of Chula Vista AQIP requirements are designed to insure that all available emissions reduction measures are incorporated into project plllnning regardless of the ability of air quality agencies to promulgate such measures on a basinwide scale. As the APCD and other agencies establish mandatory growth-related air emissions control measures, the discretionary aspect of what can/should be included in the project AQIP may diminish. Its role and function, however, are not expected to be completely eliminated even if a comprehensive package of growth-related emissions control is ultimately developed on a regional scale because the AQIP is designed to show the maximum emissions reduction that a project Q&l achieve, and not the minimum that it must achieve. Air quality mitigation in this AQIP focuses on the strategies and measures available to residential development projects. Few transportation/air quality improvement measures in the State and regional plans directly address issues of impact mitigation for these projects. The majority address transportation system efficiency, alternative transportation modes, heavy vehicle restrictions, and increased vehicle occupancy. None of these are directly influenced by residential development. Some measures are available, however, and will be incorporated into the project as appropriate. These include integration of land uses, construction of facilities to support public transportation, and the provision of private group transportation where feasible. Efforts will be made to educate future residents on the needs and resources available to minimize air quality impacts. The roles and responsibilities of all affected parties are described in the following section. 4 /1j0/~5 10.4 ROLES AND RESPONSIBILITIES In order for this plan to be effective, it is necessary to clearly assign appropriate re,,,. .....u responsibilities to all of the participants in the development and occupancy phases of the Telegraph Canyon SPA project. There are three primary groups involved: developer/builders, government/service agencies, and future residents. Each has an important role to play, as described below. 1. Developer/Builder The community developer, The Baldwin Company, is providing the basic planning, design, and management of this commumty level transportation a es, ve cular and non-vehicular, will be implemented by the master developer. Individual builders will construct homes according to the standards seCby the master clevelQPer (and the City) and will be <- responsible for ener 'ng and management within their own project. uilders will also be the primary commumcators WI home-buyers. s role they will be responsible for identifying the energy conservation features incorporated in the project and educating home-buyers re~ding a continuing conservation effort -","" 2. Property OwneT'lllResidents The long term success of the air quality mitigation effort rests with residents who choose their own modes of transportation, driving habits and lifestyles. In the aggregate, choices by residents affect air quality in the region more than any efforts by the City or developer. Generally, commercial and industrial land uses, with a concentrated number of automobile trips, have significant opportunities to initiate air quality/transportation mitigation measures. The ultimate utilization of public transit or non-vehicular transportation developed by commercial and industrial uses, however, will depend on future residents who are influenced by the availability and convenience of such facilities. At the residential level, mode choice will be influenced by the trip destination, and less so the residential origin of the trip. Any residential air quality planning contribution rests more on facilitating that mode choice, and less so on creating the actual inducement to use something besides a single occupant vehicle as the mode of transportation choice. 5 /Lj !S- yr:, 3. Government/Service A&encies The City of Chula Vista will review project plans and monitor this air quality plan. Because of its development approval role, the City can effectively enforce transportation phasing and other standards for new construction. Some local public transportation systems are operated under authority of the City, in cooperation with regional operators. The City can also be a source of on-going education and air quality awareness through citizen co=unication programs. The San Diego APCD will adopt regional air quality plans to meet State and Federal standards. Although these plans will focus primarily on transportation issues, land use and indirect source guidelines will also be included. State law prohibits the intrusion of the APeD on the land use decision authority of the City, so it will be up to the City to implement any such guidelines. To a certain extent, the local school districts also have a role to play with the transportation they offer to students. Bussing of students to school facilities, instead of requiring parent auto trips, can have beneficial effects similar to encouraging public transit for employment co=uting. Both behaviors reduce total trips, thus improving air quality and traffic congestion. 6 /115 ~o? 10.5 AIR QUALITY LEGISLATION AND PLANS Baclq~round Based on air quality data from the regional air quality monitoring network, the California Air Resources Board classified San Diego County as a non-attainment area for the State ozone (OJ and respirable particulate matter (PM-lO) air quality standards. In addition, the western portion of the County was classified non-attainment for the State nitrogen dioxide (NO,J and carbon monoxide (CO) standards. Ozone is the primary concern in San Diego County. Despite considerable reductions in ozone levels during the past ten years, in 1989 San Diego County exceeded the Federal standard on 55 days and the State standard on 158 days. Pollution transported from the greater Los Angeles area was responsible for approximately two-thirds of the days exceeding Federal standards and one-half the days over State standards. By comparison, the State nitrogen dioxide and carbon monoxide standards were not violated in Chula Vista in the last six years, and only infrequently on a basinwide scale. Because violations of the CO and N02 standards are minimal compared to the significant 03 problem, the principal focus of the regional air quality effort will be directed toward reducing reactive organic gases and oxides of nitrogen, which are ozone precursors. The ARB motor vehicle pollution control program will continue to significantly reduce reactive hydrocarbon, oxides of nitrogen, and carbon monoxide emissions. Transportation control measures will also reduce these emissions. Since 80"10 of the region's CO and 50"10 of the N02 pollution is from on-road motor vehicles, these two controls will substantially contribute to attaining and maintaining CO and N02 standards. While transportation control measures and motor vehicle emission controls will be major elements in the CO and N02 control program, additional stationary source control measures may be necessary to control oxides of nitrogen. Air flJll.lity Plan ReqJIir....."nts I. Involved A~encies The four agencies involved in the air quality planning process are the Environmental Protection Agency (EPA), which is responsible for the administration of the Federal Clean Air Act; the State Air Resources Board (ARB), which is responsible for the implementation 7 / i {f.,?~t/ of the California Clean Air Act of 1988; the San Diego County Air Pollution Control District (APeD), which is responsible for developing the Air Quality Plan mandated by the CAAA and for regulating the emissions in the region; and SANDAG, which is responsible for the preparation of the transportation control measures in the Air Quality Plan. The Plan is to be consistent with the traffic congestion management and regional growth management plans also being prepared by SANDAG. Within the ARB and APCD long term strategy, Chula Vista can contribute to air quality improvements, even though it does not have a formal role in formulating the Plan. State law does allow local agencies to administer APCD regulations if the following conditions are met: Measures adopted and implemented are as stringent as the District's measures. The local agencies submitting an implementation plan have sufficient resources and the District approves the plan. The District adopts procedures to audit local agency performance to insure compliance. The District can revoke the delegation for inadequate performance. Any land use provisions of the adopted plan will ultimately be the responsibility of the City as State law prohibits the APCD from intruding in this area. 2. Air (~1I" lity Stancl"rcl~ Attainment of air quality standards is based on Federal and State laws which establish such standards, with the State standards more strict than Federal standards (see Table 1). Given this situation, compliance with State law will generally lead to conformance with Federal law. The California Clean Air Act (CCAA) of 1988 requires that each air district develop and submit a plan by July 1991 showing how the district will achieve the mandated standards. In their plans, the districts must consider all emission sources, independent of transport into the air basin. Each district not in attainment of the standards by 1994 must reduce non- attainment pollutants or their precursors by an average of 5% per year, beginning from the 1987 levels. The plan must also demonstrate that improved air quality will be maintained after attainment; thus, the plan must have provisions for continued air quality improvement to acco=odate growth. The plan must contain transportation control measures, transportation system management, and direct source regulations. 8 )~{]'-3/ TABLE 1 Ambient Air Quality Standards Aver8glng California Standards National Standards Pollutant TIme Concentration Method" Primary Secondary Method " Ozone 1 Hour 0.09 ppm Ultraviolet 0.12 ppm Same as Ethylene (180 ugtm3) Photometry (235 ugtm3) Primary SId. Cherrilumneecence 8 Hour 9.0 ppm Non-dispersivI 9.0 ppm Non-disponlva Carbon (10 mglm3) Infrared (10 mglm3) Same a. Infrared Monoxidl 20 ppm SpactnlSCOpy 35 ppm Primary S1Ds. SpeclIOscopy " 1 Hour (23 mglm3) (NDIR) (40 mglm3) (NDIR) Amual 0 0.053 ppm Nitrogen Average Gas Ph..e (100 uglm3) Same as G.. Phase Chemilumi. Chemilumi. Dioxide 0.25 ppm Primary S1d. n_ca 1 Hour nascence . (470 uglm3) Annual 80 uglm3 Average . (0.03 ppm) . 24 Hour 0.05 ppm " 365 uglm3 . Sulfur (131 uglm3) Ultraviolat (0.14D1lm) Pararoaoanilina DiOXide Fluorescence 1300 ugIm3 3 Hour . 0 (0.5 ppm) 1 Hour 0.25 ppm 0 . (655 ugtm3) Amual Size Sat8Cllve Geometric 30 Uglm3 Inial High . . ".., . Suspended Mean Volume Sampler Partic::uiate and M attar 24 Hour 50 uglm3 Gravimetric 1SO uglm3 Innal Same as Saperatipn (I'M,.) Analysis Annual Primary and S1ds. Grav'm8tric Arithmetic - 0 50 uglm3 Analysi. Mean Sulfates 24 Hour 25 uglm3 Turbidimetric Barium Sulfate . - - 30 Day 1.5 uglm3 . . Lead Average AlllmlC Alllmic Calendar Absorption Same as Absorption Quanef . 1.5 ugim3 Primary Std. Hydrogen 1 Hour 0.03 ppm Cadmium Hydr. 0 . Sulfide (42 uglm3) oxidl STRactan . Vinyl Chloride 0.01 0 ppm T edlar Bag (chloroalllene) 24 Hour (26 ugim3) Collection, Gas . . . Chromatography Visibility In .utflCient amount to rllduc8 lIIe prevailing visibility to le..lllan Reducing 1 Observation 1 0 mill' when the reiative . . . Particles humidity is Ie.. lIIan 70'l'. Applicable Only in the Lake Tahoe Air Basin Carbon 8 Hour 600m NOIR Monoxide (7 mglm3) . 0 . Visibility In sufficient amount to reduce the Reducing 1 Observation p_ailing villibility ID II" lIIan . /15- / i? . 30 mil. when 1111 relallVe Partlcla. humicitv i. Ie.. than 70%. ARB Fact Sheet 38 (revised 7/88) 3. Mandated Measures Because the violation of clean air standards in the San Diego region is classified as "severe," specific controls are required by State law. These are: the best available retrofit control technology for existing sources; a permitting program that mitigates emission increases from all new and modified sources; reasonably available transportation control measures; indirect and area source control measures; and, specifically, transportation control measures to hold vehicle emissions constant after 1997, to achieve an average commute-time ridership of 1.5 persons per vehicle by 1999 and to achieve use of a significant number of low-emission vehicles by fleet-operators. If the region cannot meet the 5% annual reduction standard, then the next best level of reduction is to be achieved. The CCAA authorizes the ARB to adjust the emission reduction target for individual areas, if two legal conditions are met. First, the Plan must include all feasible measures and, second, the region must be expeditiously implementing the Plan. Based on the currently available data, the APCD believes that the 5% annual reduction will not be met and thus the "all feasible measures" standard will be applied. TranlQ)Ortation Control Measures In November 1990, the APCD Board adopted criteria for developing a transportation control measures (TCM) plan. The plan is being prepared by SANDAG according to the criteria of APCD, and, once completed, the plan will be implemented through district regulations and transportation system improvements. The TCM criteria addressed six major areas: transportation demand management (reduction in number vehicle trips and heavy duty vehicle restrictions); alternative transportation mode capacity expansion (public transit, park and ride, high occupancy vehicle facilities and bicycle/pedestrian facilities); transportation system management (traffic signals and incident management); land use (jobs/housing balance, mixed use development and focused development); market based incentives (fees and taxes); and, driving restrictions. Regulations which will be proposed to meet these criteria could include: 1. Ride sharing and van pool programs. 2. Employer subsidized transit ticket passes. 10 )1/!f-7) 3. Aexible work schedules to accommodate ride sharing and transit. 4. Telecommuting and teleconferencing. 5. Parking incentives to support ride sharing. 6. Trip management education. 7. Limiting heavy duty truck traffic during peak commute periods and reducing the number of trips through better fleet management. 8. Measures to reduce trips to large facilities. In addition, the Air Quality Plan will contain transportation system measures that attempt to reduce motor vehicle emissions through the following measures: 1. Adding more high occupancy vehicle bypass ramps and lanes. 2. Improving transit services. 3. Special bridge toll rates for drivers who ride share. 4. Increase bus fleets and upgrading of vehicles. 5. Development of long range policies supporting vehicle trip reduction. Indirect Source RepIations A residential development is considered an indirect source in that it generates/attracts motor vehicle trips, although the homes themselves do not directly impact air quality. Because all feasible measures will be required, indirect source measures will be included in the AQP. The focus of these provisions will be to reduce motor vehicle-related emissions, although measures addressing aspects of development such as improved energy conservation could be included. Key elements for indirect source regulation would include the following: 1. New source review and approval prior to construction. 2. Determine if the project is consistent with the APeD Air Quality Plan. II )L-/tJ -- 92 . ( 3. Analysis of the location, distance, time of day, vehicle occupancy and mode split. 4. Assess the quantity of air pollution which could result from the project. 5. Require the best available design to reduce trips, maintain or improve traffic flow, reduce vehicle miles traveled and implement appropriate transportation control measures. 6. Defme the means for monitoring results. 7. Issue a permit specifying air quality construction and operating requirements to provide a basis for determining ongoing compliance. 8. Incorporate energy conservation measures/opportunities in new construction. Other Plannil1& Provams Affectin& Air Quality As noted earlier, other planning programs are currently underway which should be coordinated with the Air Quality Plan. Currently, the City of Chula Vista is participating in the regional effort to implement a transportation demand management (TDM) ordinance. City staff is evaluating the model transportation demand ordinance prepared by SANDAG. The near term focus of the regional transportation demand program will be on the largest components of the principal traffic stream: employment travel, college and university student travel, and goods movement. The objectives for each of the larger traffic components are as follows: 1. The objectives of the freeway traffic element policies and programs shall lead to the achievement of a 1.4 average vehicle occupancy rate for all area freeways during the principal travel period by the year 2000 and a 1.5 average vehicle occupancy rate by the year 2010. 2. The objectives of the employment traffic element policies and programs shall lead to the achievement of a 50% drive alone ratio for region-wide employment traffic during the principal travel period by the year 2000 and 40% drive alone ratio by the year 2010. 12 /Y{f-;3 3. The objectives of the college and university traffic element policies and programs shall lead to the achievement of a 50% student drive alone ratio by the year 2000; and a 40% student drive alone ratio by the year 2010. 4. The objective of the goods movement traffic element policies and programs shall lead to the achievement of a 25% reduction in goods movement traffic during the principal travel period by the year 2000; and a 35% reduction by the year 2010. Violation of the transportation demand management ordinance as currently proposed may constitute a violation of the Regional Air Quality Plan. The basic requirements of the transportation demand management ordinance would be that employers prepare plans to encourage carpooling and use of other modes of travel and fIle annual reports showing the degree of compliance with said standards. In addition, each colJege and university will develop, implement and promote student commute alternatives which achieve the regional colJege university student drive alone targets. Finally, with respect to the goods movement/trucking traffic element, each business providing goods movement/trucking traffic sernces shalJ develop, implement andpslJmote a non-peak: period delivery program along with other measures. These policies shalJ further reduce truck traffic during the principal travel period, which is defmed as 6;30 a.m. to 8;30 a.m. through 1995, after which time it shalJ be 6;00 a.m. to 9:00 a.m. The draft version of Regulation XIV embodying these objectives of a regional TDM ordinance is currently being discussed in briefmgs, workshops and other public forums. Although similar to a comparable Reg. XV TDM ordinance in the South Coast Air Basin, the San Diego Air Basin TDM plan has even more ambitious targets, schedules and employment levels that it seeks to include. Although it will take some period of time to prepare and implement individual plans, the importance of Reg. XIV in regulating some portion of transportation-related air quality impacts is undeniable. 13 ji(J ~1LI 10.6 AIR QUALITY SE '"rING Meteorolou'C.Jimate The climate of Chula Vista, as with all of Southern California, is largely controlled by the strength and position of the semi-permanent high pressure center over the Pacific Ocean. The high pressure ridge over the West Coast creates a repetitive pattern of frequent early morning cloudiness, hazy afternoon sunshine, clean daytime onshore breezes and little temperature change throughout the year. Limited rainfall occurs in winter when the oceanic high pressure center is weakest and farthest south as the fringes of mid-latitude storms occasionally move through the area. Summers are often completely dry with an average of 10.3 inches of rain falling each year from November to early April at Lower Otay Reservoir, the nearest climate station to the project site. Unfortunately, the same atmospheric conditions that create a desirable living climate, combine to limit the ability of the atmosphere to disperse the air pollution generated by the large population attracted to the San Diego County climate. The onshore winds across the coastline diminish quickly when they reach the foothill communities east of San Diego, and the sinking air within the offshore high pressure system forms a massive temperature inversion that traps all air pollutants near the ground. The resulting horizontal and vertical stagnation, in conjunction with ample sunshine, causes a number of reactive pollutants to undergo photochemical reactions and form smog that degrades visibility and irritates tear ducts and nasal membranes. Because coastal areas are well ventilated by fresh breezes during the daytime, they generally do not experience the same frequency of air pollution problems found in some areas east of San Diego. Unhealthful air quality within the San Diego Air Basin's coastal communities, such as Chula Vista, may occur at times in summer during limited localized stagnation, but occurs mainly in conjunction with the occasional intrusion of polluted air from the Los Angeles Basin into the County. Localized elevated pollution levels may also occur in winter during calm stable conditions near freeways, shopping centers or other major traffic sources, but such clean air violations are highly localized in space and time and would not be found at the project site. Except for the occasional interbasin transport, air quality in the project vicinity is probably quite good. Local meteorological conditions in the project vicinity have not been routinely monitored, but they likely conform to the regional pattern of strong onshore winds by day, especially in summer, and weak offshore winds at night, especially in winter. These local wind patterns are driven by the temperature difference between the normally cool ocean and the warm 14 /L)tJu 1~ interior and steered by any local topography. In summer, moderate breezes of 8-12 mph blow onshore and upvalley from the SW by day, and may continue all night as a light onshore breeze since the land remains warmer than the ocean. In winter, the onshore flow is weaker and reverses to blow from the NE in the evening as the land becomes cooler than the ocean. Both the onshore flow of marine air and the nocturnal drainage winds are accompanied by two characteristic temperature inversion conditions that further control the rate of air pollution dispersal throughout the air basin. The daytime cool onshore flow is capped by a deep layer of warm, sinking air. Along the coastline, the marine air layer beneath the inversion cap is deep enough to accommodate any locally generated emissions. However, as the layer moves inland, pollution sources (especially automobiles) add pollutants from below without any dilution from above. When this progressively polluted layer approaches foothill communities east of coastal developments, it becomes shallower and exposes residents in those areas to the concentrated reacted byproducts of coastal area sources. A second inversion type occurs when slow drainage or stagnation of cool air at night creates 10ca1ized cold "pools" while the air above the surface remains warm. Such radiation inversions occur throughout the San Diego area but are strongest within low, channelized river valleys. They may trap vehicular exhaust pollutants such as carbon monoxide (CO) near their source until these inversions are destroyed by surface warming the next morning. Any such CO "hot spots" are highly localized in space and time (if they occur at all), but occasionally stagnant dispersion conditions are certainly an important air quality concern in combination with continued intensive development of the Chula Vista area. The intensity of development near the project site is extremely low such that non-local background pollution levels during nocturnal stagnation periods are also low. The local airshed, therefore, has considerable excess dispersive capacity that limits the potential for any loca1ized air pollution "hot spots" from project implementation. Air Qr".li(y Ambient Air Quality Standards (AAQS): In order to gauge the significance of the air quality impacts of the proposed Telegraph Canyon SPA project, those impacts, together with existing background air quality levels, must be compared to the applicable ambient air quality standards. These standards are the levels of air quality considered safe, with an adequate margin of safety, to protect the public health and welfare. They are designed to protect those people whose current health condition makes them most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other diseases or illness and persons engaged in strenuous work or exercise, 15 1t/8-7b called "sensitive receptors." Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed. Recent research has shown, however, that chronic exposure to ozone at levels that just meet Federal AAQS may nevertheless have an adverse respiratory health impact. Just meeting standards may not provide a sufficient health protection cushion for sensitive receptor populations. National AAQS were established in 1971 for six pollution species with states retaining the option to add other pollutants, require more stringent compliance, or to include different exposure periods. The initial attainment deadline of 1977 was extended to 1987 for certain National AAQS, and that deadline passed with the San Diego Air Basin (SDAB) still far from attainment. A California Clean Air Act (AB-2595) and a new Federal Clean Air Act have both since been promulgated that establish more realistic implementation timeframes for airsheds with moderately degraded air quality such as SDAB. Because California had established AAQS several years before the Federal action and because of unique air quality problems introduced by the restrictive dispersion meteorology, there is considerable difference between State and Federal clean air standards. Those standards currently in effect in California are shown in Table 1. The new Federal Clean Air Act requires that EPA review all National standards, and EPA has indicated that some of the Federal AAQS will be proposed for modification within the next 1-2 years. Baseline Air Quality: The nearest air quality measurements to the project site are made in downtown Chula Vista by the San Diego County Air Pollution Control District (APeD), the agency responsible for air quality planning, monitoring and enforcement in the SDAB. Table 2 summarizes the last six complete years (final 1990 data have not been officially published) of monitoring data from the Chula Vista (80 East J. St.) station. Progress toward cleaner air is seen in almost every pollution category in Table 2. The only national clean air standard that was exceeded throughout the 6-year monitoring period was the hourly ozone standard which was exceeded an average of less than 4 times per year (once per year is allowable). The more stringent State standards for ozone and for 10-micron diameter respirable particulate matter (PM-lO) were exceeded on a somewhat higher frequency; but, overall air quality in Chula Vista, as representative of the Telegraph Canyon project site, is nevertheless very good in comparison to other areas of the SDAB. There are no clear-cut trends in the Chula Vista baseline air quality data in Table 2 except to note that any improvement of the few standards routinely exceeded in very slow. Extrapolation of the pollution trendline suggests that limited violations of standards could occur well into the future. Since observed San Diego County ozone air quality sometimes derives from the southward drift of pollution from the South Coast Air Basin which is 16 JL/(J- 7; forecast to continue to exceed ozone standards to the year 2007, some ozone standard violations will likely occur in the County beyond the 1996-7 attainment target date despite Countywide pollution control efforts. A further improvement in ambient air quality from locally generated emissions reductions will thus occur within the next decade, but complete attaimnent of all standards may not happen until after the turn of the century. .." 17 /J/e ,-7 [5 TABLE 2 CHULA VISTA AREA AIR QUALITY MONITORING SUMMARY (Daya Standarda Were E"eeeded and Maxima For Period. Indicated) Pollutant/Standard 1984 1985 1986 1987 1988 1989 Qmuc: I-Hour> 0.09 ppm 18 28 20 15 17 21 I-Hour> 0.12 ppm 4 4 2 2 4 7 I-Hour ? 0.20 ppm 0 I 0 0 0 0 Max. I-Hour Cone. (ppm) 0.15 0.20 0.14 0.16 0.22 0.16 Carbon Monnyic1l':: I-Hour> 20. ppm 0 0 0 0 0 0 8-Hour > 9. ppm 0 0 0 0 0 0 Max. I-Hour Cone. (ppm) 7. 7. 7. 7. 7. 8. Max. 8-Hour Cone. (ppm) 4.6 3.9 5.1 3.4 3.6 4.7 Nitro2en Dioxide: I-Hour> 0.25 ppm 0 0 0 0 I 0 Max. I-Hour Cone. (ppm) 0.20 0.16 0.14 0.15 0.21 0.16 Total Sru,nended Particulates: 24-Hour? 100 uWm' 0/61 0/61 1/61 1/30 4/46 3/57 24-Hour > 260 uWm' 0/61 0/61 0/61 0/30 0/46 0/57 Max. 24-Hour Cone. (uWm) 88. 96. 119. 100. 109. Ill. Particulate Sulfate: 24-Hour ? 25. uWm' 0/61 0/54 0/60 0/51 0/57 0/60 Max. 24-Hour Cone. (uWm) 18.0 15.4 17.6 13.3 17.2 16.5 IQhalable Particulates CPM-IQ): 24-Hour > 50 UWm' 3/51 5/61 3/56 7/61 24-Hour > ISO uWm' 0/51 0/61 0/56 0/61 Max. 24-Hour Cone. (UWm) 104. 68. 58. 69. Note: Standards for sulfur dioxide and particulate lead have been met with a wide margin of aafely in 1984-89, and lIR, therefore, not shown. Source: California Air Resources Board, Summary of Air Quality Data, 1984-89. Chula V18ta APCD Monitoring Station (except for BOme particulate data which "'" from San Diego APCD Island Avenue Station.) JLjiJ j~? 10.7 PROJECf AIR QUALITY IMPACfS The development of the Telegraph Canyon Project will generate approximately 3,500 daily automobile trips. These trips would result in increased air emissions on new and existing roadways. Short-term construction activities will generate dust and diesel emissions resulting in short-term emissions impacts. Construction Impacts Soil disturbance to prepare the Telegraph Canyon SPA project site will generate fugitive dust during the construction phase. Soil dust is typically chemically inert and much of the dust is comprised of large particles that are readily flltered by human breathing passages and also settle out on nearby surfaces. It comprises more of a potential soiling nuisance than an adverse air quality impact. Construction activities for large development projects are estimated by the U. S. Environmental Protection Agency to add 1.2 tons of fugitive dust per acre of soil per month of activity. If water or other soil stabilizers are used to control dust, the emissions can be reduced by 50 percent or more. However, fugitive dust control using water must be balanced against the need to conserve water resources. Currently, water conservation has taken priority. The California ARB, in its development of area source emissions calculations of fugitive construction dust, estimates that the net disturbance area for single family homes is one-fourth acre with a six month disturbance duration. Total dust emissions over the project development lifetime could therefore total 630 tons without the application of dust control procedures calculated as follows: 350 DU x 0.25 AC/DU x 1.2 tonlAC/MO. x 6 MO. = 630 tons "Standard" dust control procedures, assuming reclaimed or other water resources for dust control are available, total suspended particulate (TSP) can reduce emissions to perhaps 300 tons. The respirable PM-IO fraction of fresh construction dust is perhaps one-third of TSP. The probable PM-IO burden associated with this project is therefore about 100 tons. Assuming perhaps a two-year buildout cycle (500 work-days), the average daily PM-IO generation rate will be around 400 pounds per day from construction activity fugitive dust. With prevai1ing onshore flow, the receptor population exposed to construction dust emissions will be development east of the project site, except during infrequent west to east Santa Ana winds when site activity dust plumes will blow westward. With other on-going residential development in eastern Chula Vista of considerably larger scope than this project, the individual air quality impact of construction dust from the Telegraph Canyon SPA will 19 / L/(f ~ j/JO be insignificant. Cumulatively, however, the emissions from this project will mix with dust from multiple other developments. While the individual PM-lO impact from each project is insignificant on a regional scale, construction activities represent a very significant portion of the overall regional PM -10 burden. As a PM -1 0 attainment strategy is developed for the basin, control on construction dust to reduce cumulative impacts will become increasingly more important. In addition to fugitive dust, construction activities would also cause combustion emissions to be released from on-site construction equipment and from off-site vehicles hauling materials. Heavy duty equipment emissions are difficult to quantify because of day-to-day variability in construction activities and equipment used. California residential and roadway construction entails an expenditure of around 75,000 Brake-Horsepower-Hours (BHP-HR) of on and off-site equipment operations per single family residence constructed. If all that equipment is diesel-powered, the following emissions will result over the buildout lifetime of this project: Pollutant Species Emissions Reactive Organic Gases 24.4 tons Carbon Monoxide 89.8 tons Nitrogen Oxides 260.9 tons Exhaust Particulates 21.0 tons Sulfur Dioxide* 6.3 tons * = Assuming 0.05% sulfur fuel Source: California ARB, 1977 Area Source Inventory Documentation (1980) These emissions will represent a non-negligible contribution to the basinwide pollution inventory, especially the diesel equipment NOx burden. Anticipated new State pollution standards for non-roadway equipment may somewhat reduce the overall project 20 )Lj8 / If) / contribution, but not to any appreciable extent. As with the dust emissions, the mobile nature of these emissions will preclude the creation of an individually significant impact, as no receptor is directly exposed to equipment exhaust pollution for any extended period. Cumulatively, however, the temporary combustion emissions will contribute to the continued inability to meet all air quality standards on a regional basis. Construction impacts are primarily centered on the parcel under development. Impacts may, however, also "spill over" into the surrounding community. The spillage can be physical where trucks lose dirt from tires or from uncovered trailers which is then pulverized and lofted by passing vehicles. Spill-over may also be figurative where slow-moving trucks moving dirt or hauling concrete and other building materials slow down non-project traffic to more pollution-inefficient speeds, especially for vehicle movements during the 7-9 a.m. peak commute travel period. Soil erosion into traveled roadways, street blockage/detours to install utilities, contractor employee job-site commuting, or on-road parking by contractor employees are all mechanisms by which on-site activities may affect off-site pollution generation. Manufacture of building materials such as dust from rock or concrete batch plants and evaporative emissions from asphalt for roadway paving or solvents and other volatile organic compounds used in surface coatings also create small temporary pollution increments associated with building 350 homes. Each of these impacts is individually small and temporary and insignificant, even when all project activities are considlired cumulatively. This is, however, not the only project that will be under construction at any given time in San Diego County. It is, therefore, the cumulative impact of numerous projects with incrementally very small and temporary numerous construction activity air quality impacts that leads one to conclude that cumulative impacts from all construction is cumulatively significant. Mobile Source Impacts Chronic impacts to air quality due to project implementation result primarily from automobile emissions. The proposed project will result in an increase in air emissions. Impact significance is generally determined by whether growth is consistent with projections in the regional air quality plan, which, until a new plan is adopted, is the 1982 Revisions to the State Implementation Plan (SIP). Iffuture development has been anticipated in the 1982 SIP, then air quality impacts are considered mitigated by adherence to the measures as outlined in the SIP. The proposed project is consistent with SANDAG Series VII projections, while the 1982 SIP is based on Series V projections. Typically, Series VII projections are higher than Series V. Adherence to the policies and measures in the 1982 SIP may result in some residual impacts, as not all growth has been anticipated. However, 21 JW-/()c2 the air quality planning process now underway utilizes the Series VII projections and will result in a new Air Quality Plan that will supersede the 1982 SIP. With adoption of the new plan, the projects will be in conformance with the regional air quality plan. Project-specific air quality impacts can be estimated using procedures developed by the ARB to calculate regional mobile source emissions. Emissions associated with the Telegraph Canyon SPA are presented in Table 3. Table 3 shows the relative contribution of this project to the forecast basinwide burden in the year 2000. The sma11 fraction that this project represents is not meant to necessari1y show (in)significance, but only to indicate that any reduction in the project burden from any single project is microscopic on a regional scale. For vehicular source impact mitigation to have a measurable effect, it must affect all travel from all existing and future development and not any single project. Because of the inability of any single developer or any single political jurisdiction, such as the City of Chula Vista, to affect the travel mode choice of the entire region, it requires regional transportation/air quality plans to effectively attack the most significant source of continuing air quality degradation. Localized air quality impacts can also result from vehicle emissions. The volume of carbon monoxide released when a large volume of slow moving vehicles are contained in one sma11 area can create air pollution "hot spots". Often such "hot spots" can occur when intersection congestion reaches LOS F where numerous idling cars allow for a steady pollution build-up. If traffic on project area roadways were to deteriorate to these levels, potentially significant "hot spots" could result. On-Site T1I'lpacts Emissions from residential activity including painting, household cleaning, fumigation, gasoline powered lawnmowers, chemicals associated with swimming pools, wood burning fireplaces and barbecues, while not considered significant, will have a cumulative impact on regional air quality. Within the South Coast Air Basin (Los Angeles area), regulations to prohibit or restrict some of these types of air impacts are being adopted. If similar regulations are adopted in the San Diego region, the SDAPCD (or its designee) will enforce compliance, including at the proposed project. 22 JL/e ~ /!J3 TABLE 3 TELEGRAPH CANYON SPA MOBILE SOURCE EMISSIONS Analysis Emissions (pounds/day) ROG. PM-lO SOx CO NOx 1995 2000 2005 2010 Air Basin - Year 2000 Project Share of Basin 52.1 73.9 7.6 8.7 582.7 42.3 6.7 8.0 500.9 68.6 39.5 66.8 6.6 7.6 470.6 38.8 66.6 6.4 7.5 463.0 493,600 2,036,740 515,880 0.009"10 0.025% 0.013% Source: . = URBEMIS3 Model & Rancho del Rey AQIP Assuming 92% of Total Organic Gases (TOG) are Reactive Organic Gases (ROG). /L/e - J{;!L/ 10.8 AIR QUALITY IMPACT MITIGATION The ability of any residential developer to create substantial air quality impact mitigation is minimal. The primary route to air quality mitigation and reduction of project impacts to an insignificant level is conformance to the adopted regional air quality plan. As discussed, the new Air Quality Plan is now being prepared that incorporates the growth projections with which this project is consistent. To decrease project level emissions, the City of Chula Vista will adhere to recommendations made by the 1982 SIP and the forthcoming San Diego Air Quality Plan regarding local participation in air emission reduction measures. As is evident from the preceding discussion, the focus of any local air quality improvement measures are direct sources (industrial uses) and transportation behavior. The Telegraph Canyon project, as a residential development, is not a direct source. Thus, the project approach is to provide alternative transportation routes, and in some cases facilities, and encourage and/or educate residents to use them. Because this project has only a residential component, the ability of the developer to implement developer-sponsored air quality improvements is very limited. The ability of this project to incorporate effective emissions reductions is further hampered by location, topography, and street layout. Hillside travel in outlying areas of the City with primarily cul-de-sac streets clearly invites use of the private automobile as the almost exclusive means of transportation. Even getting from one part of the neighborhood to another may require a vehicle because the terracing and dead-end streets could make walking or bicycling unattractive within the community. Project implementation will not adversely affect intersection performance that would lead to air pollution CO "hot spots" such that the generally unmitigable component of project-related traffic is the regional contribution to photochemical smog. The area where the Baldwin Company as master developer can have some air quality impact/benefit is with regard to non-resident transportation emissions. Discretionary actions by the developer, either in terms of constraints on the contractor or on the type of product built, can create some reduction of the project impact. Such potential actions include: Using adequate dust control during soil disturbance by either scheduling mass grading during the early spring when natural soil moisture is high, or by importing non-potable water resources for supplemental moisture addition. Establishing an off-site dust control program to keep on-site dirt from being carried or washed or tracked onto traveled roadways. Program elements 24 ----- Jy(]-//J--':J should include: a. perimeter erosion control b. truck tarping or load watering for dirt hauling c. daily street sweeping/washing at construction access points and on internal paved roadways. Requiring combustion equipment exhaust pollution minimization through a mandatory 90-day tune-up cycle for all on-site equipment. Reducing off-site traffic interference from construction personnel commuting and materials movement by: a. providing rideshare incentives for construction personnel b. restricting any lane closures to off-peak travel periods c. scheduling truck access such that 80 pe~ daily receipt of concrete or other building materials and other truck arrivals/departures occur between 9 a.m. and 3 p.m. Incorporating energy conservation measures that exceed minimum Title 24 energy budget requirements by 10 percent of estimated use. Pre-plumbing homes to encourage and facilitate use of passive solar thermal collectors for spa or home water heating requirements. 25 / ye/ jO? 10.9 MITIGATION MONITORING/CONCLUSION Monitorina To assure compliance with project mitigation measures, City staff will require compliance with the forthcoming San Diego Air Quality Plan. The City General Plan also includes policies encouraging adherence to these measures. Prior to or as a condition of approval of the tentative map, the project design plan would be reviewed by the City Planning Department to insure that required measures can be accommodated by existing project design. Transportation control measures (TCMs) and development/transportation improvement phasing are also controlled by the City of Chula Vista through the forthcoming Growth Management Plan. These measures will address the potential impacts associated with congested traffic on any project-impacted roadways. The mitigation measures included in the Transportation Phasing Plan will be implemented before issuance of the occupancy permit per the Public Facilities Finance Plan. Conclusion/Analysis of Sipificance Development of the project will result in increased traffic on new and existing roadways and additional air emissions. Fugitive dust released from construction activity presents a short- term nuisance and would not constitute a significant impact. The development of the proposed project is consistent with SANDAG Series VII projections and not the Series V projections associated with the 1982 SIP which is considered a significant impact. The SIP revisions, which are currently being initiated using Series VII projections will be completed and adopted prior to build-out. The project will be in compliance with the provisions of the new Air Quality Plan and impacts are expected to be minimized. Compliance with the Air Quality Plan would typically defme project impacts as less than significant, but potential difficulties in implementing the AQP transportation measures because of site layout, design and topography suggests that project-related air pollution emissions will be cumulatively significant and not mitigable if not so on an individual project basis. 26 lie -It) 7 REFERENCES California Air Resources Board; Answers to Commonly Asked Questions about the r.::llifornia Clp.::In Air Act's Att::llnmp.nt P):::1nn;nlJ ReQuiremp-nt~ (CCAA Guici::lnl".P. Paper #1; August 1989. California Air Resources Board; California Clean Air Act Tran&l)ortation ReQJrirements Guitlance (CCAA Guidance Pl\per #2); February 1990. California Air Resources Board; Executive SnmmaJ:Y - California ClpJln Air Act Guidance on the Development of Indirect Source Control Prowams: July 1990. California Air Resources Board; SnmmaJ:Y of Air Quality Data, 1984-89. Cinti & Associates; Draft SPA Plan Rancho del Rey SPA II; November 1988. Cinti & Associates; Draft SPA Plan Rancho del Rey SPA III: August 1990. P&D Technologies; Final Supplemental EIR Rancho del Rey SPA III: November 1990. SANDAG; 1991 Air Qlla lity Plan Development Process ( A~da Rt:I)ort R-74): September 28, 1990. SANDAG; Air Qllalityrrran&l)Ortation Control Measure Criteria (A~enda Rt:I)ort R-92): November 16, 1990. SANDAG; RelPonal Onality of Life Factors. Standards and OQjectives (A~enda Rt:I)ort RB- .12); November 16, 1990. San Diego County Air Pollution Control District; Memorandnm: Tran&l)ortation Control Measure Criteria: November 21, 1990. San Diego County Air Pollution Control District; California Clean Air Act - Air Qnality Strate~ Development Worlcplan; nld. Ventura County Air Pollution Control District; Guidelines for the Prt:Paration of Air Qllality Intpact Analyses; October 24, 1989. Willdan Associates and Bud Gray; Draft Growth Mana.~ement Proa:ram - City of Chula Yis1a; August 1990. 27 )~6'//t// .,., ~1f7 u' I. ~!.J:~ r4 I INVOICE & STATEMENT The Star-News nQ35858 Direct Payments to: 835 Third Ave., Chula Vista, CA (619) 427.3000 Mail Address: ~ City of Chula Vista City Clerks office 276 4th Ave C~Jla Vista,Ca. 91910 P,O. Box 1207, Chuta Vista, CA 91912 Date: 8/ . C /9 c Acct. No. l :::> t:. 508900 ~ ~ PLEASE RETURN ONE COPY OF STATEMENT WITH YOUR REMITTANCE DESCRIPTION I DATE INCHES I I CHARGES L.=I BALANCE :;.; SI.1 i ;C! ":/ ... '- . I l "at i ce CV2271 8/15 3 3/4inches FORM SO . 14 CHULA VISTA STAR-NEWS * NATIONAL CITY STAR-NEWS * IMPERIAL BEACH STAR-NEWS 1'-/ !3~/{/r <"~\J c-,,_ "? File No. PUBLIC HEARING CHECK LIST 't,!.J-s!q;;y SUBJECT L",,~ 'tf'1~' ~ ~.,.J ~~ ... (L~ ~~ . ,0 .' e,~ LJTI'1r" ~~ ~Pl\ ~ ~ (7~ U:hL ~.....,;., (7~ r l-- , .~ ~<hr-' f.,t:A;b..., - 0,...9. ..D....~ VVJ'!<.- Q,..,o~ ~ / SENT TO STAR NEWS FOR PUBLICATION -- BY FAX V ; BY HAND ; BY MAIL PUBLICATION DATE ~ 1/5 / 1117- - - CITY COUNCIL PUBLIC HEARING DATE MAILED NOTICES TO PROPERTY OWNERS c.... f::,~ NO. MAILED (\ PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK ';( / 1.i<--I'1d-' COPlES TO: Administration (4) V Planning / Otiginating Department Engineering v' Others City Clerk's Office (2) V POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS: -58- /1 !J ~ / / I NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: PCZ-92-NPCM-91-07: Consideration of Prezoning, General Development Plan and P-C Regulation Amendments, SPA Plan and Public Facilities Financing Plan for Telegraph Canyon Estates - Baldwin Vista Associates. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, August 25, 1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: August 12, 1992 Beverly A. Authelet City Clerk /1/1} -II). DATE: August 10, 1992 TO: FROM: SUBJECT: (,\ Beverly Authelet, City Clerk ~~ Nancy Ripley, Planning Department Referral from Planning Commission meeting of August 12, 1992 Please schedule the following for Council consideration at the meeting of August 25, 1992 Forwarded herewith: Public Hearing Notice(s) and Mailing List(s). Forthcoming: Resolution(s) PH PCI-92-AjPCM-91-07: Consideration of Prezoning, General Development Plan and P-C Regulation Amendments, SPA Plan and Public Facilities Financing Plan for Telegraph Canyon Estates - Baldwin Vista Associates RESO Adoption of CEQA Findings and Overriding Considerations - Telegraph Canyon Estates Subdivision, EIR-91-05 (Not part of public hearing: Consideration of the Final Environmental Impact Report for EIR-91-05 - Telegraph Canyon Estates Subdivision) /Lf [) -- //:1 ~"i.. -' \.).. [''-' v-.:;. ,f' NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of considering a prezoning, general development plan amendment and sectional planning area plan for approximately 100 acres of presently unincorporated property located on the north side of Telegraph Canyon Road, directly east of the Otay Lakes Lodge mobil e home park and di rectly south of EastLake shores. The proposal is to develop the property into a private, gate-guarded community with a maximum of 350 single family detached dwell ings, including common open space areas and two sites total ing 1.5 acres designated for community purpose facil ities at the northwest corner of the project site. Copies of the proposed planning and project documents are on fi 1 e in the offi ce of the Pl anni ng Department. Any petitions to be submitted to the City Council must be received in the City Clerk's office no later than noon of the hearing date. If you wish to challenge the City's action on this proposal in court, you may be 1 imi ted to ra is i ng only those issues you or someone el se rai sed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, August 25, 1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: August 10, 1992 CASE NO. PCZ-92-A and PCM-91-07 Beverly Authelet City Cl erk WPC 0437p/2661P liB ~i/ f ~IE/LV~ . , . .. ~~.,....., \ . ~ mIl "Tn ~ '\ fA / . . ~~~ , )J11!l1ll ~"" 1}1 ~ "';'<'< _ I \ . . ~ V --?l L,.. r ~?:'l\~ "i\ ..~ -~ ~r -..'-\~-\ ",. ' 'I"... ~'I c;;:::; . ~~.. m . ~....<<tJ. -'l · "-f-r- ~a .A"l . " ~~ 1J. iJOi \ ~" .. . y. -. 'To :---" I lOW/> " ~) · ,.. " H- ~ ~~} -t..LI.~ "". ~ . 'I . ~, . . . ~/ .~ V- ,'-,..t I \ . . ~ ~w~~ ~\'\' ,\ ,.: ."S ,.....- x. .........: ~l \-"" ~ t,~. _~lT'''.~ '/ ~"'I '\ ' ~.. ~ II . ~... --J. fJJ 1 f!T\: 0, '.., . . i._ k>~ . 'hW . ''<'1l/"~1.... . I~"';' r;..... . ......\.. lJ.. 1f~1. G~~~~~. .~ :.J..( ~~-H :>'" ~~;'\~ ...../ ~F ~~~~ , . . . . ~/m:.:s.;~,~' . )f~i 1 ..~~.,:~,nf,m: ~. ;..'~ 'I ~ .A ;~f:~\\ '\":~~".~~~~. . . V. ~~<{ \ JJ , ~ 01~. . .... ",\. . JJ.::w. ,~ . .' ~'~1-Y) ~r .'~ ;')"':~'i . ~ i ~~~...< . I:: . . y 1-. l~~ ~_! _ 1:: . ~ , ., i-. " . '\~ ,>- . . >X -:-i}] :~ ,\ \. . " , ,<. . f::: .:" ,,'-1~__ t 0 \'\ ~ '. ,'" - I': \ '1'- . ',\ . \- .. -~a~'r .. '. ~- ... ',', " ~T1 t't-l: , , - . . . .. .- ~ ... (1'E~PIl tAJ.JY~~r~rAlTt1 1 LOCATOR 31)0 bE.T ~W OS,...."L.e FJ.H' ~ . L -' . ~ ,?Cz.- 92.-A UDt-fE$ ~ APP~)(; ~ w.P.~ !J Pc.M-'1/-0 7 ~ Jill{ ~ //5 - -.-.--... NORTH COUNCIL AGENDA STATEMENT ITEM TITIE: Item IS Meeting Date 08!25B2 Resolution: \(,,1 b4 Amending Master Fee Schedule to adopt non-resident fees for parks and recreation services Director of Parks and Recreatio~\~S City Manager C ~ (, J,r (4/5ths Vote: Yes _ No X) SUBMITIED BY: REVIEWED BY: During the FY 91192 budget process, the City Council directed the Department to formulate a Revenue Enhancement Plan. In addition, as part of the Department's Three Year Strategic Plan, a goal for revenue generation was identified as a top priority. Since that time, an in-house staff committee has been working on a revenue enhancement proposal. It must be emphasized that the thrust of a Revenue Enhancement program is the notion that revenue generated from the program is to be used to fund Department programs and services. Consequently, the use of revenue will allow the Department to expand, or with possible State budget cutbacks, at least maintain current programming efforts with less General Fund support. One component of a Revenue Enhancement Plan is the implementation of a non-resident fee policy and schedule. This report will outline a proposal to institute a non-resident fee policy. STAFF RECOMMENDATION: That the Council approve the Resolution amending the Master Fee Schedule to adopt non-resident fees, to be effective September 1, 1992 for ballfield rentals, facility rentals and park reservations; and December 1, 1992 for contractual/recreation classes and swimming. BOARD/COMMISSION RECOMMENDATION: On May 21, 1992, the Parks and Recreation Commission voted 5-0, with one abstention, to support the non-resident policy. Attachment "A" is the Commission's minutes. DISCUSSION: The use of non-resident fees is a common practice among many San Diego County cities. Chula Vista's facilities are full-service and attract many people from surrounding cities and the unincorporated County area. Surveys of other cities indicate they have implemented a non-resident fee that exceeds the program fee charged to residents, on an average of 5% to 167%. As an example, the City of National City charges a 100% non-resident fee for ballfield rentals. The Department is recommending the implementation of a non-resident policy and fee schedule implementing a 100% fee for park reservations, building renta1slleases, and ballfield rentals; a 50% fee for swim-related charges, and a 25% fee for contractual recreation classes. The proposed non-resident fee is based on a flat percentage increase over and above the resident fee for a service. Should resident fees increase, in any category, the non-resident fee would also be higher. For example, the present resident rate for the rental of small picnic shelters is $100. The proposed non-resident fee is 100%. The non-resident would then pay $200 ($100 plus 100% = $200) to rent a small picnic shelter. If the shelter rental fee is raised to $135 (as an example), the new non-resident fee would be $270 INON-RES] 1 I~- I Item /!{" Meeting Date 08fl5/92 ($135 plus 100% = $270). The recommended non-resident rates are based on a survey of San Diego County cities and other cities with non-resident fees (Attachment "B"). In order to gain an understanding about the degree in which non-residents utilize recreation programs and facilities, the Department evaluated user data. Departmental statistics reveal the following: of the 3,057 participants in swimming classes for calendar year 1991, 2,398 (78.5%) were residents versus 659 (21.5%) non-resident participants. For reservations of picnic shelters, from November 1991 through September 1992, 307 reservations were made, with 88 (28.7%) resident reservations, and 219 (71.3%) non-resident reservations. During the Spring 1992 recreation class session, there were 1,989 participants; 1,520 (76.4%) of which were residents, and 469 (23.6%) were non-residents. Staff projects that an increase in non- resident fees could realize approximately $20,000 in new revenue. The non-resident fee policy, if approved by the Council, will be a part of the Master Fee Schedule (Attachment "C"), effective September 1, 1992 for ballfield rentals, facility rentals and park reservations; and December 1, 1992 for contractual/recreation classes and swimming. The new policy will assist the Department in determining residents from non-residents. This policy is described in Attachment "C" along with a proposed fee schedule for non-residents. SUMMARY: It is anticipated a non-resident policy and fee schedule will create additional opportunities for participation in parks and recreation services to Chula Vista residents. A non-resident fee policy is also in response to dwindling resources and the need to pursue creative financing alternatives to support parks and recreation services. The revenue derived from non-resident fees will support services, in the Department, such as additional park ranger staff and program operations and maintenance costs, which the non-resident does not contribute to through property taxes. It is the Department's intent to budget these funds annually, and as the need arises, the Department would bring forward to Council, a request for use of the non-resident revenue for specified purposes. FISCAL IMPACf: As discussed above, there is the potential for a new revenue stream of $20,000. However, the estimate of $20,000 makes an assumption that most of the non-residents participating in the Department's program will continue to do so, at the higher non-resident rate. A completely accurate projection of the possible revenue which could be derived from a non-resident fee policy is difficult to determine at this time. Two factors affect this revenue projection; (1) the actual number of non-residents who now participate in the Department's programs may decrease when the non-resident fee is applied; and (2) a loss of potential revenue from non-residents may be mitigated by an increase in resident participation, which will offset a loss in revenue. The Department will need a year of experience in applying and collecting the fee before revenues can be estimated with some degree of accuracy. Attachment "A" - Minutes of the May 21, 1992 Parks and Recreation Commission meeting. NOt' Sf.A1III'D Attachment "B" - Cities Survey of Non-Resident Rates II Attachment "C" - Non-Resident Fee Policy - Amendment to the Master Fee Schedule " [NON-RES] 2 /5<;... RESOLUTION NO. !l../("'i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADOPT NON-RESIDENT FEES FOR PARKS AND RECREATION SERVICES WHEREAS, during the budget FY 91/92 budget process, the city Council directed the Parks and Recreation Department to formulate a Revenue Enhancement Plan; and WHEREAS, in addition, as part of the Department's Three Year strategic Plan, a goal for revenue generation was identified as a top priority; and WHEREAS, since that time, an in-house staff committee has been working on a revenue enhancement proposal with the thrust of such a program being that revenue generated from the program is to be used to fund programs and services; and WHEREAS, the use of revenue will allow the Department to expand programming efforts with less General Fund support; and WHEREAS, on May 21, 1992, the Parks and Recreation Commission voted 5-0, with one abstention, to support the Revenue Enhancement Plan and the non-resident policy. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby amend the Master Fee Schedule to add a Non-Resident Fee Policy and Schedule, effective September 1, 1992 for ballfield rentals, facility rentals and park reservations; and December 1, 1992 for contractual/recreation classes and swimming (to facilitate publication time line of brochure) as shown in Attachment "C", attached hereto and incorporated herein by reference as if set forth in ull. Presented by Jess Valenzuela, Director of Parks and Recreation C:\rs\revgen IITTA41/,4/4,<Jr NtJr .s~I4NNelj 1~-3 Minutes of a Regular Meeting of the PARKS AND RECREATION COMMISSION Thursday 6:00 p.m. May 21, 1992 Public Services Building Conference Room 1 ******************* MEMBERS PRESENT: Commissioners Hall, Lind, Roland, Carpenter, Willett Sandoval- Fernandez Commissioner Helton MEMBER EXCUSED: 1. APPROVAL OF MINUTES The minutes of the meeting of April 16, 1992 were approved as distributed. MSC ROLANDIHALL lHJ 2. PUBUC HEARINGS OR REMARKS NONE 3. DIRECfOR'S REPORT Deputy Director Foncerrada gave an overview of items contained in the Commission Newsletter with particular attention to park projects. Commissioner Sandoval-Fernandez asked what was being done to adjust the schedule at Discovery Park. Deputy Director stated that he hoped to curtail soccer until September to avoid further damage to the turf. 4. REPORTS FOR INFORMATION ONLY a. CV21 Bond Issue Deputy Director Foncerrada called attention to the report contained in the information packet. He briefed the Commission on the projects that the Department is recommending for the Bond Issue. Commissioner Willett elaborated on this subject from the point of view of the Chula Vista 21 Committee, and asked Mr. Foncerrada to expound on the reasons for not recommending the Senior Center in the southern area of Chula Vista. Mr. Foncerrada stated that the Department could not recommend a senior center in the southern area of town until a recreation center for the general population is built in the area. /S"-.s- . PARKS AND RECREATION COMMISS~JN May 21, 1992 PAGE 2 Commissioner Sandoval-Fernandez asked why the items recommended were not prioritized. Director Valenzuela stated that it was tentatively prioritized, but that the list was very general and was in the nature of a wish list. Commissioner Sandoval-Fernandez expressed her concern that a better balance was needed between the east and the west as far as the project list was concerned. It is her feeling that more and better facilities are needed in the western area of Chula Vista, and she does not see that reflected in projects recommended for this bond issue. The Director pointed out that bond issues were traditionally used for new development rather than rehabilitation, and that there was very little opportunity for new development in the western areas of Chula Vista due to the high cost of land acquistion and lack of availability of undeveloped land. It is his feeling that projects of a rehabilitation nature would be more beneficial in the western areas and that these could be funded through other sources uch as PAD fees, Parks DIF, etc. Chair Hall does not feel that the current economic climate is conducive to a bond issue, however, if it goes forth he feels that organizations such as the Commission and the Sports Council really need to give it a lot of support. b. Human Services Coordinator Job Soecifications Uodate Director Valenzuela stated that the current job description contained in the Commission's information packet is being revised. However, the current job description was being provided in response to a request by Commissioner Helton. c. Future Architectural Desi~n Director Valenzuela informed the Commission about the costs for the copper wall and trellis at the Norman Park Senior Center. These cost figures, $44,000 and $18,000 respectively were requested by Commissioer Helton at the April Commission meeting. The Director stated that even though Commission Helton is not in attendance, the cost information has been transmitted to her. It was the consensus of the Commission that it was not necessary to table the item until June as Commissioner Helton has received the information. d. Children's Tile Wall Director Valenzuela explained the process for formulating the Children's Tile Wall at Discovery Park and pointed out to the Commission that this park enhancement was being accomplished at no cost to the City of Chula Vista. I~ ,Ie PARKS AND RECREATION COMMISSION May 21, 1992 PAGE 3 e. Otav Vallev Re~ional Park The Director introduced Gordon Howard from the Planning Department who gave a progress report on the Otay Valley Regional Park Project and addressed questions that the Commissioner had about the project and specifically about its impact on the Montgomery area of Chula Vista. Chair Hall asked if the former Otay County Park will be incorporated into the Otay Regional Park. Mr. Howard replied that he knew of no such plan at the current time. 5. ACTION ITEMS Unfinished Business Joint Meeting Montgomery Planning Committee The Commission discusssed various formats for the proposed joint meeting as well as the topics to be agendized for that meeting. Chair Hall feels that it will take more than one joint meeting to clarify the issues, but he does not think it would be productive for the Commission to discuss this further on their own before meeting jointly with the Montgomery Planning Committee. Motion to meet at 6:00 pm on June 17 for one hour, action agenda only and meet jointly with the Montgomery Planning Committee in a workshop environment, with the agenda for that workshop to be developed by the staff liaisons to these two bodies. MSC WILLEIT/HALL 6-0 New Business Revenue F.nhancement Plan Management Assistant Nancy Woods gave the background on the proposed Revenue Enhancement Plan and asked the Commission accept the plan in concept. Motion to approve the plan in concept and recommend that the Department move forward on it. MSC WILLETIILIND 5-0 (Roland abstained due to his objection to the way the two tiered fee system is being handled at the golf course) /J-.1 PARKS AND RECREATION COMMISSION May 21, 1992 PAGE 4 6. COMMUNICATIONS a. Written CorresDondence Letter from Robert Santos expressing concern about crime in parks. b. Commissioners Comments LIND related his experiences in Halecrest Park and expressed his concern about Police response time to complaints of this nature. Commissioner Hall advocates hiring Park Rangers with full Peace Officer status who will specifically patrol the parks. He further advocates the use of the revenue generated from fines to pay for this personnel. Commissioner Lind expressed his concerns about the quality of water safety and swim instruction at the Lorna Verde Pool. The Commission requested that the Secretary explore alternative locations for a regular meeting place. Adjournment to the next regularly scheduled meeting of June 18, 1992. Respectfully submitted, ~/t~e a!ftil~ Carole Cramer Stohr IS-? Attachment "D" Non-Resident Fees Percentage - City Survey Facility Park CTIY * POP.- Swim aasses Rentals Reserv. Fields Encinitas: No Non- Resident Policy 56,500 N/A N/A N/A N/A N/A Non-Res & Commercial Escondido Lessons Groups Priority for 112,900 18% None 100-150% None Residents Ceramics National only: No City 58,600 25% 33% Buildings None 100% Coronado 26,700 20-25% 10-20% No Centers None None La Mesa 54,000 35% 35% +$4/hr. None +$1/per. Poway 45,400 50% 50% 114% 66% 100% EI Cajon 90,200 50% 50% None None None Carlsbad 65,700 25-33% None 50-100% 25% 15-40% San Diego 1,149,600 None None 100% None 100% Lemon No +$5/ No Resv. Adults Grove 24,650 Sites Person 57% System 15% Oceanside 138,500 N/A N/A 43% 50% 40-75% No +$5/ No No Resv. +$5/ Santee 53,900 Sites Person Buildings System Person No Teachers Yes - Vista 75,800 Sites Set Rates 52 - 85% 5 - 62% Various Anaheim - 25% N/A 13-66% N/A 25-40% Irvine - N/A N/A 33% 33% 25-34% Orange - N/A N/A 100% 100% N/A Sunnyvale - N/A N/A N/A 167% N/A INON.RESI .Updated 816/fJ2 for San Diego County cities .. Allof1l1l92 JS~tf All RXOIIIlIlCIJdaI cbangeo to the Masle.- Fee Sclx:du1e are underlined ~HArI!;;R VB Recreation Prol!l"llIllSlFacilities A NON-RESIDENT POllCY Attachment "C" .L Fees for various Parks and Recreation Department programs and classes shall be composed of fees applvin2 to le2al residents of the City of Chula Vista and fees for non-residents. A resident shall be considered any person residin2 within the City limits. and who can show proof of residin2, as defined in Chapter VII.A2: and/or any person payin2 property taxes to the City of Chula Vista. and supplyin2 proof of residency or property ownership. as defined in Chapter VII.C.2. The resident and non-resident fee schedules will apply to the Master Fee Schedule Chapter VII. B.t B.2. c.t C.2. and C.3. 2. Proof of residency in the City of Chula Vista shall be one of the followin2: a. Valid California Driver's License displayin2 City of Chula Vista address on license. or official I.D card issued by the Department of Motor Vehicles for non-drivers. b. Current year utility billlistin2 name and address of current residence or property in Chula Vista on which property taxes are being paid. f, Active duty or retired military identification card. d. Property tax statement. B. PROGRAMS 1. Swimming a. Classes Fees for various Parks and Recreation Department programs and classes shall be as follows Non-Resident fee is 150% of the fee imposed on residents: Current Resident Adult/Y outh 1. 2. 3. 4. 5. Recreational swimming Beginners swimming Advanced swimming Tiny Tots swimming Parents and tots swimming $ .75/person $1O.50/participant $16.00/participant $ 16.50/participant $ 16.50/pair [Attache] 1 Ie.;- ...ID Proposed w/Non-Res. Adult $ 1.15/person $27.00/participant $27.00/participant $28.00/participant $28.00/pair 2. Other Fees for Parks and Recreation Department activities and classes shall be set in consideration of the City's full cost including overhead. Non-Resident fee for activities and classes will be 125% of the fee imposed on residents. C. FACILITY USE [Resolution 165791 Parks and Recreation facilities are available to groups only when City programs are not scheduled. Policies and regulations governing facility use permits are provided in Council Resolution 12343. An employee or City-appointed representative must be present during use of listed facilities. 1. General Facilities - Use Permit a. Group Priorities Facilities are available for recreation activities under the following order of priority based on group classification: Classification 1: Classification 2: Classification 3: Classification 4: Classification 5: Classification 6: [Att.achC] City programs. Non-Resident fee not applicable to citv- soonsored uses. Chula Vista community service organizations related in purpose to recreation and the furtherance of community leisure programs. Chula Vista civic and social organizations which are democratic in character with membership open to the general public or designated elements thereof. Private resident groups requiring large facilities for special events not open to the general public. H applicant is not a Chula Vista resident. the Non-Resident fee will appIv. Unions, employee associations and special recreational groups and non-residential groups requiring public facilities for fund raising to perpetuate special interest. H applicant is not a Chula Vista resident. the Non-Resident fee will appIv. Private individuals or groups offering recreational type activities for the purpose of monetary gain. H applicant is not a Chula Vista resident. the Non-Resident fee will appIv. 15""./1 b. Basic Fee Schedule Fees will be charged for any activities requiring leadership or custodial services. Basic Fee schedule is based on the group's classification as described in Section A above. There will be an additional charge if time is required outside of normal employee working hours or special services are required. Fee Schedule I: Fee Schedule II: Fee Schedule III: Fee Schedule IV: IAttachC] Community organizations in classification 2, or 3 shall be granted use of facilities without charge if admission fee/contribution is not collected. Community organizations in classification 2 or 3 can use facilities on an actual cost basis if a contribution/fee is assessed for charitable purposes. Charges are based on actual costs for personnel and a minimum utility charge as shown in fee schedule 2. Resident organizations and individuals not qualifying for Fee Schedules 1 or 2 will be assessed the rental rate shown in Fee Schedule 3. Those individuals or groups in Categories 5 and 6 will be assessed rates based on Fee Schedule 4 or 30 percent of gross receipts, whichever is larger. A financial report must be submitted one week after the activity is held if an admission fee was charged. H aoolicant is not a ChuIa VISta resident. the Non-Resident fee will aooly. The Non-Resident fee will be aoolied to fee or 30% of I!f()SS receiots. whichever is larl!er. 3 /~...I:z. FEE SCHEDULE FacililV II ill N 1. Parkway Gymnasium 3. Gymnasium $10 $30 $60 2. Parkway Community Center a. Auditorium $10 $25 $50 b. Classroom $5 $10 $20 c. Kitchen facilities $3 $3 $3 3. Lauderbach Community Center a. Auditorium $10 $25 $50 b. Classroom $ 5 $10 $20 c. Kitchen $3 $3 $3 4. Norman Park Center a. Cornell Hall $5 $20 $40 b. Norman Hall $5 $10 $20 c. Kitchen $3 $3 $3 5. Lorna Verde Recreation Center a. Auditorium $10 $25 $50 b. Classroom $5 $10 $20 c. Kitchen $3 $3 $3 6. Other Recreation Facilities a. Rohe Manor $5 $20 $40 b. Memorial Bowl - $20 $40 c. Sunrise Center $5 $20 $40 7. Swimming Pools Rent Staff as Needed a. Lorna Verde $40/hr plus Current staff salary b. Park Way $3O/hr plus Current staff salary c. Rohe $20/hr plus Current stafr salary tTo be determined by Aquatic Coordinator All hourly rates are charged on the basis oC "per hour or any portion thereof." [&solution 16J79} The Non-Resident fee for Facility Rentals listed will be surcharl!ed by 100% of the fee shown above. [AttachC] 4 IS-~ /3 c. Cancellation Fee Parks and Recreation office must be notified of cancellation a minimum of 48 hours prior to scheduled time for activity. Failure to do so will result in forfeiture of the fee. [Resolution 16579J d. Required Deposits (Non-Resident surcharl!es do not aoow to deoosits). A cleaning/damage deposit of $200 may be required for certain activities. An additional deposit of $100 will be required of groups granted permission to have alcoholic beverages. [Resolution 16579} e. Variations Variations of stated fees must have approval of the Parks and Recreation Director. [Resolution 16579 J 2. Picnic Shelters Medium Small (Cluster) Large a. Reservation Fee~ $25 $75 $100 b. Cleaning/Security Deposit $25 $75 $100 c. Maximum Group Size 50 100 200 d. Cancellation Fee Groups which cancel a reservation will be charged a $5 handling fee. [Resolution 16579J * The Non-Resident Reservation fee for Picnic Shelters. shall be surcharl!ed by 100% of the fee shown above. IAtt3ChC] 5 I:;: ;Ef 3. Ballfields Prepped Unprepped a. Reservation Fee~ $20 + $lO/hr. $10/hr. b. CleaninglSecurity Deposit N/A N/A c. Maximum Group Size N/A N/A d. Cancellation Fee Groups which cancel a reservation will be charged a $5 handling fee. [Resolution 16579] * The Non-Resident Reservation fee for Ballfields shall be surcharl!ed by 100%. [AttachC] 6 ...- I ~- /!) COUNCIL AGENDA STATEMENT Item J lD Meeting Date 08/25/92 ITEM TITLE: a) RESOLUTION II. "710 Approving agreement between the City of Chula Vista and Woodlawn Park Community Center and authorizing the Mayor to execute said agreement b) RESOLUTION 11.1-"1 I Approving agreement between the City of Chula Vista and South County Council on Aging (Shared Housing) and authorizing the Mayor to execute said agreement c) RESOLUTION 1 "'1 1l.. Approving agreement between the City of Chula Vista and Fair Housing Council of San Diego and authorizing the Mayor to execute said agreement d) RESOLUTION II. i 1 ~ Approving agreement between the City of Chula Vista and Center for Women's Studies and Services (project Safehouse) and authorizing the Mayor to execute said agreement e) RESOLUTION /1..'1 Y. Approving agreement between the City of Chula Vista and Episcopal Community Services (Otay Community Clinic) and authorizing the Mayor to execute said agreement f) RESOLUTION I b"7"7 5 Approving agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista (feen Outreach) and authorizing the Mayor to execute said agreement g) RESOLUTION I j,,""7/o Approving agreement between the City of Chula Vista and Community Service Center for the Disabled and authorizing the Mayor to execute said agreement h) RESOLUTION / 14"717 Approving agreement between the City of Chula Vista and Sweetwater Union High School District (New Chance Program) and authorizing the Mayor to execute said agreement i) RESOLUTION / bit &' Approving agreement between the City of Chula Vista and YWCA of San Diego County (Men's Counseling) and authorizing the Mayor to execute said agreement j) RESOLUTION J Ie "7 i1 Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (YMCA Family Stress Center) and authorizing the Mayor to execute said agreement k) RESOLUTION I L.1 i' 0 Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (South Bay Family YMCA Sunshine Company) and authorizing the Mayor to execute said agreement I) RESOLUTION 11:> i r I Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (South Bay Family YMCA Summer Day Camp) and authorizing the Mayor to execute said agreement m) RESOLUTION lID'? r ~ Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (Chula Vista Human Services Council) and authorizing the Mayor to execute said agreement I~..I Page 2, Item I b Meeting Date 08/25/82 n) RESOLUTION (Io'.....!. Approving agreement between the City of Chula Vista and Lutheran Social Services Southern California Project Hand) and authorizing the Mayor to execute said agreement 0) RESOLUTION 1\.."'1; ~ Approving agreement between the City of Chula Vista and Adult Protective Services (South Bay Adult Day Health Center) and authorizing the Mayor to execute said agreement p) RESOLUTION } 1.'1 t S Approving agreement between the City of Chula Vista and Senior Adult Services (Meals on Wheels) and authorizing the Mayor to execute said agreement q) RESOLUTION ) 1.1 3' ~ Approving agreement between the City of Chula Vista and Jobs for Youth and authorizing the Mayor to execute said agreement r) RESOLUTION I bit1 Approving agreement between the City of Chula Vista and South Bay Community Services (Casa Nuestra) and authorizing the Mayor to execute said agreement s) RESOLUTION I b1 tt Approving agreement between the City of Chula Vista and South Bay Community Services (Graffiti Eradication) and authorizing the Mayor to execute said agreement t) RESOLUTION 1 b"1 fi Approving agreement between the City of Chula Vista and South Bay Community Services (Intervention Team) and authorizing the Mayor to execute said agreement u) RESOLUTION 161'1D Approving agreement between the City ofChula Vista and South Bay Community Services (Community Development Program) and authorizing the Mayor to execute said agreement v) RESOLUTION I b1li/ Approving agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista (Public Address System) and authorizing the Mayor to execute said agreement SUBMITTED BY: Community Development Director {/? . REVIEWED BY: City Manager ~1G (4/5ths Vote: Yes No .x) BACKGROUND: On May 19, 1992, the City Council approved $227,790 of CDBG funds to nineteen social service programs and $108,410 for three community development programs and $50,000 to fair housing and planning programs. The U.S. Housing and Urban Development Department (HUD) requires a written agreement between the City and each sub-recipient of CDBG funds. RECOMMENDATION: That the City Council adopt the resolutions approving agreements with the social service, community development and fair housing organizations; and, authorize the Mayor to execute the agreements. 11--2.. .~ ...., ~ ~~ Page 3, Item II... Meeting Date 08125/82 BOARDS/COMMISSIONS RECOMMENDATION: The Commission on Aging, the Youth Commission, Chi1dcare Commission and the Human Relations Commission made funding recommendations in April 1992 which were considered by Council in approving the CDBG budget on May 19, 1992. DISCUSSION: Most of the social service organizations which were allocated 1992-93 CDBG have been providing the services specified in their respective contracts since July 1, 1992. As many of these contracts provide some funding for staff positions and the organizations have not received any CDBG reimbursement, they may have to lay off their affected staff persons. Since the State budget crisis was not resolved, staff has delayed bringing these contracts forward for execution. At this point in time, even though there is still no State budget agreement, it is critical to either execute the contracts or notify the social service agencies to discontinue the programs they are providing in expectation of these funds. Once these contracts are executed, the funds which have been appropriated are irrevocable. This is consistent with the way the CDBG contracts were handled last year. Each contract agreement has several exhibits attached which are incorporated into the agreements. The exhibits are as follows: Exhibit A: The Statement of Work and Peifomumces Schedule describes the services the agency will be providing and the estimated number of people who will be provided each of these services each month. This performance schedule will be used to monitor each agency's progress in completing the scope of work. Exhibit B: The Itemized Budget shows exactly how the agency intends to expend the CDBG funds. This itemized budget will be used to monitor expenditures through the year. Exhibit C: City of Chula Vista Party Disclosure Form Exhibit D: The HUD Income Limits for the San Diego Standard Metropolitan Statistical Area (revised May 1992) will be used to determine the number of low income households/persons served. Each program is required to serve a minimum of 70 percent low-income persons/household. The contract agreements are with the following organizations for the purpose and amount stated: /l~ ,~ Page 4, Item Jt, Meeting Date 08/25/82 Woodlawn Park Community Center to provide social and recreational activities for youth and senior citizens $20,000 South County Council on Aging to provide a Shared Housing service, matching senior citizens or disabled persons with households with extra bedrooms(s). $15,000 Fair Housing Council of San Diego to provide fair housing education and outreach, fair housing assessment, and tenant/landlord counseling $40,000 Episcopal Community Services Otay Community Clinic to provide health education and outreach $10,000 Center for Women's Studies and Services, Project Safehouse to provide emergency shelter and case management $5,000 Boys and Girls Club of Chula Vista, Teen Outreach to provide supervised activities for teenagers at the Youth Community Center on L Street $9,000 Community Service Center for the Disabled to provide client services for disabled persons $8,000 Sweetwater Union High School District, New Chance program to provide childcare services and parent education for young, indigent mothers $5,000 YMCA of Metropolitan San Diego County to provide services to abused children and their families at the YMCA Family Stress Center $20,000 YMCA of Metropolitan San Diego County, Sunshine Company Childcare program to provide after school childcare for school age children at three school sites 15,000 YMCA of Metropolitan San Diego County, Summer Day Camp to provide a summer activity program for youth $6,000 YMCA of Metropolitan San Diego County, Human Services Council for resource development and coalition building activities $20,000 YWCA of San Diego County, Mens Counseling to provide group therapy for perpetrators of domestic violence $5,000 Lutheran Social Services of Southern California, Project Hand to provide emergency services and counseling for homeless families $14,000 Adult Protective Services to provide a comprehensive day program for frail elderly at the South Bay Adult Health Center $9,000 Senior Adult Services, Meals on Wheels program to provide meals to homebound elderly and disabled $5,500 Jobs for Youth Program to provide part-time employment opportunities for youth $3,100 South Bay Community Services, Casa Nuestra to provide shelter and supervision for homeless and runaway youth and family counseling services $15,000 110 ~if Page 5, Item I ~ Meeting Date 08/25/82 South Bay Community Services/Chula Vista Police Department Intervention Team to provide counseling services for families involved in domestic violence $15,000 South Bay Community Services to undertake graffiti eradication for neighborhood revital ization $33,600 South Bay Community Services to undertake community development activities, including affordable housing development and preservation $48,000 In addition, the Community Development Department will draft and execute Memorandums of Understanding with other City departments which are utilizing CDBG funds. These include the Library's Chula Vista Literacy Team ($43,190) and Building and Housing's Community Appearance Program ($26,810). The City Council approved funding for the Fair Housing Council of San Diego to implement a comprehensive fair housing program, as required by CDBG regulations. The Council allocated $30,000 out of this year's entitlement and there is $10,000 remaining from last year's fair housing program, for a total of $40,000. The funding for the public address system at the Oleander facility of the Boys and Girls Club of Chula Vista was appropriated last year. No additional funding is needed but contract approval is required. FISCAL IMPACT: The total amount of funding provided for in these CDBG contracts is $398,950. The contracts will be funded out of the 1992-93 Community Development Block Grant entitlement of $1,380,000. In addition, $22,750 of previously allocated CDBG funds will fund the Boys and Girls Club of Chula Vista (for the public address system) and supplement funding for the Fair Housing Council of San Diego. [C:\WPSl\HARRlS\CDBG.CON] /10 - 5 RESOLUTION NO. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WOODLAWN PARK CIVIC LEAGUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, ~ WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092 - _, a copy of wh i ch is on fil e in the offi ce of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said Ci ty; and shall make a mi nute of the passage and adop . on hereof in the minutes of the meeting at which the same is passed and ado pre(;ited by ~VL_~ Chris Salomone Community Development Director API! 0 d as ~ f r by J Bruce M. Boogaard City Attorney WPC 4976H/4977H /l,A -/ /1"A~2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF WOODLAWN PARK CIVIC LEAGUE IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Woodlawn Park Civic League, a non-profit organi zat i on ("Grantee"), and is made wi th reference to the following facts: R~~lI81~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut ion of a wri tten agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /f;A-:] 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Woodl awn Park Communi ty Center. The City shall compensate Grantee for said services up to a maximum amount not to exceed $20,000 (Twenty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of res i dents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Woodlawn Park Civic League are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /6/l-Lj 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement.. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admini ster thi s agreement on behalf of the City. The Director of Woodlawn Park Civic League, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sections of 24 CFR Part 85 "Uniform Admi ni strati ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Prooram Reoui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsi bil i ty for i ni t i at i ng the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income sha 11 be substant i ally di sbursed for said servi ces before the Ci ty will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- / /.; /! -j:/ 15. Druq-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvinq of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee utili zes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abi 1 ity and property damage insurance pol icies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with. HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- Jf,rl/~ .. ., .. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of COBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney WOODLAWN PARK CIVIC LEAGUE BY,f+~~ Exhibit List Exhibit A. Exhibit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget ~~~y I~~o~~ui ~m~~~t~R~~~~~d D7~~1~~~~~ Statement NOT SCANNED c;-..<r~~ ... -',~.. WPC 4974H/4975H -5- )/;'/)~7 ~ EXHIBIT A WOODLAWN PARK COMMUNITY CENTER SCOPE OF WORK AND PERFORMANCE SCHEDULE The Woodlawn Park community Center will serve 950 persons by offering the following programs in 1992-93: Summertime Youth Program July and August senior Luncheon Program every Monday Thanksgiving Luncheon November Christmas Luncheon December Youth Drop-in Activity Program Year-round Cultural Activities for Seniors Once a month Emergency food and clothing Year-round /~. q~;r' WOODLAWN PARK COMMUNITY CENTER REVISED BUDGET 92/93 SUPPLIES $ 2,100.00 UTILITIES 3,200.00 NSURANCE 7,000.00 TRANSPORTATION 2,400.00 Other 5,300.00 Youth Activities $2,300.00 Health Permit 300.00 Vehicle Registration 200.00 Space Rental (For Thanksgiving Luncheon) 300.00 Postage & Printing 250.00 Repair & 1,200.00 Maintenance Gasoline & Oil 750.00 (For project vehicles) Total Budget $20,000.00 /id1-i EXHIBIT B THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT <;tatement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters lhich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest In the contract, i:e., contractor, subcontractor, material supplier. WOODLAWN PARK COMMUNITY CENTER 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Nnn~ 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No _ If yes, please indicate person(s): No 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Evelyn L. Gillespie 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No lL. If yes, state which Councilmember(s): Person is dermed as: ':Any individua~ finn, co-pll1tnership, joint venture, association, social club, fraternal organization, corporation, estate, t1Ust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) [C\ WP51 \ COUNCIL \DISCLOSETXTI Print or type name of contractor/applicant /&:>/j-/O [ r "te: Auqust 5. 1992 WOODLAWN PARK COMMUNITY CENTER 3. Persons serving as Board Members Synetha Anderson' Secretary/ Treasurer Hosea Battle Booker T. Bowen Gloria J. Bowen Nellie Galberth Consuela Garcia Leila Cheatheam Julia Hassler Evelyn L. Gillespie. Project Director Fannie McFarlin Norma Miller San ita Reid victor Rosales James E. Stiltson Marie F. Thompson, President Pamela S. Tipp /&? .1- / ! RESOLUTION NO. )~111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH COUNTY COUNCIL ON AGING AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and pted. Presented by 2tJ '~::JJ Bruce M. Booga City Attorney ~~~ Chris Salomone Community Development Director WPC 4976H/4977H 11.:.6- (II'~"'Z- AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH COUNTY COUNCIL ON AGING IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and South County Council on Aging, a non-profit organization ("Grantee"), and is made with reference to the following facts: RI.c.lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefit low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /?!!J~J 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means ta determine the income level of each person or family served. 4. Comoensat i on and BudQet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Shared Housing Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $15,000 (Fifteen Thousand Dollars). An itemized budget for sai d expenses is in Exhi bit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemi zed accounting of the expenditures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. AssiQnment. The services of South County Council on Aging are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974K/4975K -2- / j;? !J.. L( 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud i t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City COBG funds. 9. Reoresentatives. The Community Oevelopment Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of South County Council on Aging, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply wi th the app 1 i cabl e uniform admi ni strat i ve requirements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi n9 except ions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substant i ally di sbursed for said services before the Ci ty wi 11 make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /&tJ~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement ioned purposes, then the Grantee shall compl ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i ficate of insurance. Grantee wi 11 provide, pri or to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $I, 000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and whi ch treats the employees of the Ci ty in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- Ii? {J//; 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF. City and Grantee have executed thi s Agreement this ____ day of . 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH COUNTY COUNCIL ON AGING BY:/?{~~~.I~~ p 4~ Exhibit List Exhibit A. Exhi bit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement j"t..,~",-,~~,v",- WPC 4974"/4975" -5- /ttJr7 EXHIBIT A SOUTH COUNTY COUNCIL ON AGING SHARE!) HOUSING FlY 7/01/92 - 6/30/93 STATEMENT OF WORK 1. DESCRIPTION SECTION The main activities of our organization is to provide a Shared Housing Program where two or more persons share living arrangements and share in housing related expenses. We also strive to find home sharers who may assist the handi- capped homeowner. This may be in lieu of rent and helps the homeowner remain in their home, rather than become insitiutionalized. 2. SCHEDULE SECTION Our program is staffed by a Director and one bi-lingual clerk counselor trained to assess client needs in a placement program. We net- work with providers, community agencies, and attend seminars to enable us to provide our clients with housing opportunities. In a recent previous year we registered 343 persons for Shared Housing. Of this total we placed 172 in home sharing arrangements or 50% of those registered. About 76% in these arrangements are low income seniors and are residents of Chula Vista. 3. BUDGET Our resources for the projected fiscal year 92-93 will be from CDBG funds: $15,000.- City of Chula Vista and $10,000. - County of San Diego. Funds will pay one full-time Director and one part-time Bi-lingual counselor. Other expenses include utilities, insurance (compensation, liability & fire, and automobile), advertising, supplies, postage and travel expense. /?;t5 -g' SOUTH COUNTY COUNCIL ON AGING SHARED HOUSING F/Y 7/01/92 - 6/30/93 PROGRAM BUDGET (Amended) EXPENSE CITY CHULA VISTA COUNTY SAN DIEGO ACCOUNT Block Gr. Funds Block Gr. Funds Salaries & Fringe 11 ,890. 7,958. Rent/Utilities 942. 628. Supplies 288. 162. Bookkeeping & Insurance 1,020. 682. Travel Exp. & Postage 360. 240. Advertising 500. 330. TOTALS $15,000. $10,000. /t7{f-7 EXHIBIT B TOTAL . 1 9,848. 1,570. 450. 1.702. 600. 830. $25,000. EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800. First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJBCT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANOARD 2. 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 , If you have any questions concerning the income limits, please contact: ....-:~,32930~._ r"';7.~'.. . ---j....... ~i:~- + '~ 'Y' \..," A' JUM 1992 c; Received N t .;'"", Community Oevelopmen ~c.; Department ~ C' I) ,," 'Z6/ / 1," .<.:[lL9Li7~'C.\' /6!3 ~/O MEMBER AGENCIES: Cities of Carlsbad; Chula Vista, Coronado, Del Mar, EICajon. Encinitas. Escondido, Imperial Beach, La Mesa, Lemon Grove. National City, Oceanside, Poway. San Diego,'San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters tmch will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest III the contract, i:e., contractor, subcontractor, material supplier. SOUTH COUNTY COUNCIL ON AGING 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . NONE 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Dorothy Showman - Treasurer Shere Mann - Secretary Anita Hernandez - President Anne Nute - Vice President 'L Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No..!. If yes, please indicate person(s):. 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Maxine Whittington - Director Olga Soto - Counselor 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No --.2l If yes, state which Councilmember( s): Person is defIned as: "Any individual, finn, co-pannership, joint venture, association, social club, fraternal organization, corporatioll, estate, l1Us~ receiver, syndicate, this and any other county. city and country, city, municipality, district or other political subdivision, OT any other group or combination acting as a unit," (NOTE: Attach additional pages as necessary) n'l.te: July 22, 1992 ~~? p/ ~..-.d=.~./ v Signature of contractor/applicant SHARED HOUSING Maxine Whittington - Director Print or type name of contractor/applicant / r:; t5 / / [Rcvi,ed 11/30/901 [e:\ WP51\COUNClL\DISCLOSE. TXT] RESOLUTION NO. IIoI'?- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND FAIR HOUSING COUNCIL OF SAN DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and' program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION I. The Ci ty Council does hereby approve the Agreement known as Document Number C092- _, a copy of which is on fil e in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and ption hereof in the minutes of the meeting at which the same is p sed and d ted. Presented by ~~ WPC 4976H/4977H It.. Q - I / /lflt... 'L Chris Salomone Community Development Director AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF FAIR HOUSING COUNCIL OF SAN DIEGO IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporation of the State of California, and Fair Housing Council of San Diego, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: Rf~lI8LS. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefi t low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having th!lse certain services for the benefit of low income households, hereinafter enumerated~ performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aareement. The term of th is agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /J; c- -3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensat i on and Budaet. The Grantee agrees to expend C i ty-appropri ated funds to meet bona fi de obl igat ions incurred for the Chul a Vista Fair Housing Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $40,000 (Forty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payroll s, etc. as shall provide reasonabl e proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previous quarter, which includes a brief narrative of the services provided and an itemi zed account i ng of the expenditures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- /6C- Y 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shan represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Fair Housing Council of San Diego, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sect ions af 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a} The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b} The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requi rements of OMB Ci rcul ar A-122 "Cost Pri nci p 1 es for Nan- Prafit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income sha 11 be substantially di sbursed for said servi ces before the Ci ty will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaiaus Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ~ / b L: - ~:;> 15. Druq-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvinq of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. 1 f Grantee ut i 1 i zes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and e'xpense(including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole wi 11 ful conduct of the City, its offi cers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974"/4975" -4- /hC-r{, ., . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chu1a Vista ATTEST: City C1 erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney FAIR HOUSING COUNCIL OF SAN DIEGO 8Y'~-'~ ~ ~~ . Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOTsrM'NED City of Chu1a Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- /j?c"7 ~ ~ \ ~ STATEMENT OF WORK EXHIBIT A PAGE 1 JULY 1, 1992 - JUNE 30, 1993 I. The recipient, the Comprehensive Housing Coalition, under administration by the Fair Housing Council of San Diego, shall create and provide Fair Housing and Landlord/Tenant counseling, investigation, mediation/negotiation, education and referral services for consumers and providers of housing in the City of Chula vista. II. The recipient agrees to provide the following work products, in the dates specified below to the appropriate delivery point. The statement of work(time line and sequential tasks) reflects work products in the recipients application submitted in response to the RFP for Fair Housing Services. TASK PRODUCTS/DELIVERABLES 1. ADMINISTRATIVE 1.1 Program Coordination and Administration 1.2 Prepare Quarterly Progress Report for Program Duration Written report 1.3 Prepare and Submit Final Program Report Final Written Report 2. HOUSING COUNSELING SERVICES 2.1 Create and maintain a Summary report quarterly hotline for residents of Chu1a vista 2.2 Investigate, negotiate Summary report quarterly Fair Housing complaints 2.3 Negotiate Landlord/ Summary report quarterly Tenant issues DUE DATE DELIVERY POINT Ongoing David Harris 90 days Quarterly thereafter David Harris 390 days David Harris ongoing David Harris Ongoing David Harris Ongoing David Harris 3. EDUCATION/OUTREACH ACTIVITIES 3.1 Create and publish four Draft and final copy feature articles for Spanish language publications 3.2 Create innovative Spanish Draft and final copy language materials on housing issues geared toward consumers (comic strip, etc. . .) 3.3 Four joint Fair Housing Impact statement LL/Tenant community presentations '- ~ C\ ( ~ 3.4 Four joint Fair Housing Impact statement LL/Tenant Social Service agency presentations 3.5 Organize and conduct Invitation to event elementary school FH poster contest (coordinate w/previous years experience by city) 3.6 Perform mini-audit for City of Chula vista Audit survey report 4. DESIGN AND PRINT MATERIAL FOR CITY OF CHULA VISTA FH PROGRAM 4.1 Provider brochures reprint (FHProgram Chula vista attached) 500 copies Final copy Quarterly 180 days Quarterly Quarterly April 1993 230 days 30. days EXHIBIT A PAGE David Harris I David Harris David Harris . David Harris David Harris David Harris David Harris " .~ ~ \ "-... ~ 4.2 4.3 4.4 4.5 4.6 4.7 EXHIBIT A PA~_ 3 Labels printed for FH Final copy 30 days David Harris Program Chula vista Create a draft of a LL/T Draft 130 days David Harris Fair Housing brochure for the Chula vista FH Program Produce 1000 LL/Tenant Final copy 180 days David Harris Fair Housing brochures for the Chula vista FH Program Draft a hotline flyer Draft 60 days David Harris Produce 5000 hotline Final copy 80 days David Harris flyers Distribute materials Ongoing . David Harris for Chula vista FH program EXHIBIT B FAIR HOUSING PROGRAM FOR CHULA VISTA FISCAL YEAR JULY 1, 1992 - JUNE 30, 1992 ITEMIZED PROGRAM BUDGET Salaries/Benefits: $33,830.00 Rent/Utilities: Equipment/Supplies(postage): 1,590.00 1,400.00 Printing: 2,600.00 Poster Contest Prizes: 700.00 Travel/Testers: 1,680.00 Cater/Rm Rental: 500.00 Total: $42,300.00 without poster contest: Total: $38,800.00 /0C-// EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 'It TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: Hun News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350, 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 /",-. ~ JUN 1992 -:::;~ ""~ .. "\ ':~ , I.>~ \, ~-' \ c.\ ~} ,.... ~.:.:.' / ~~,- '/'" - r.. , Received (;(Immunity Development Department C;'/ ,,"/ '~0" '" ' C ",i S" ~.~ ,...;;, - " " ;' r\ / t{'- /;L MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado, Del Mar. EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway. San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. THE FAIR HOUSING COUNCIL OF SAN DIEGO (Board of Directors 1991-92) FOR BUSINESS USE * Term ends November 1992 ** Term ends November 1993 BARBRE, JON ** Service Center for the Disabled 1295 University Ave., #10 San Diego, CA 92103 Bus: 293-3500 Home: 226-1890- JAMES, JOYCE * S.D. Urban League 4061 44th Street San Diego, CA 92105 Home: 563-8656- BELL, BOB ** Luce, Forward, Hamilton and Scripps 110 West A Street San Diego, CA 92101 Bus: 699-2402- JOHNSON, SHARON U Resident Relations of CA 1011 Camino del Rio S., Ste 201 San Diego, CA 92108 Bus: 297-7648- CLARK, CORINNE ** Clark, Gumpel & Gersten 701 B Street, Ste 625 San Diego, CA 92101 Bus: 233-1861- LOW, ROBIN * County EO Mgmt. Office 1600 Pacific Hwy., Rm 208 San Diego, CA 92101 Bus: 531-4984- DAVIS, EARL W. ** Vice-President Neighborhood House ABen. 841 South 41st Street San Diego, CA 92113 Bus: 263-7761- RICHARDSON, DELROY ** SDG&E P.O. Box 1831 San Diego, CA 92112 Bus: 696-2024 EHRINGER, MARTHA * CA Western Law School 350 Cedar Street San Diego, CA 92101 Bus: 525-7636- RIVEROLL, MARIA ** Secretary S.E.D.C. 930 Gateway Ctr Way San Diego, CA 92102 Bus: 236-7345- GREEN, JUDITH-GAIL * NHA Headstart Program 656 5th Avenue, Ste B San Diego, CA 92101 Bus: 239-9281 x13- RYAH, D.J. ** President The Center 1233 Camino del Rio South San Diego, 'CA 92108 Bus: 295-2911 HICKS, GLORIA ** MAAC Project 1671 Albany Street Chu1a Vista, CA 92010 Bus: 422-9236- VICKERS, MARTHA * SDSU Housing Office San Diego State Univ. San Diego, CA 92182 Bus: 594-6181- HOFFMAN, CHUCK ** Treasurer ACI Investments 8880 Rio San Diego Dr. San Diego, CA 92108 Bus: 299-3000- MILLS, VILLAU 12772 Spruce Grove Place San Diego, CA 92131 Pager No. 559-7385 /6(/) THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters 'vhich will require discretionary action on the part of the City Council, Planning Commission, and all other ,fficial bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. The Fair Housing Council of San Diego 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See Attached List Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve" months? Yes No ---"'-- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Tamara K. Sockey The Fair Housing Council of S.D. Pam Johansen - Chicano Federation Sh~ron Johnson - Resident Relations of CA 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No --"'- If yes, state which Councilmember( s): Person is defmed as: :4ny individual, finn, co-partnership, joint venture. association, social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate. this and any other county, city and country, city, municipality, distdct or other political subdi~'isiofJJ or any other group or combination acting as a unit." (NOTE: Attach addijal pages as necessary) 1/cJ. /fj,,/ " Date: [C:\ WP51 \ COUNCIL \DISCLOSETXTJ RESOLUTION NO. )1.,113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CENTER FOR WOMEN'S STUDIES & SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by (L~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H I bO, I //1, /)-2. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF CENTER FOR WOMEN'S STUDIES & SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made thi s July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Center for Women's Studies & Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: !:LE~lI8.!...s. WHEREAS, the City participates in the Community Development Block Grant (COBG) Program, a principal goal of which is to fund programs and servi ces which wi 11 benefi t low and moderate- income Chula Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vi sta held a publ ic hearing and allocated COBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng those certai n servi ces for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and . WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of this agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bi t A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /~P..3 3. low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasanable means ta determine the income level of each person or family served. 4. Comoensation and Budqet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Project Safehouse. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,000 (Five Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred duri ng the peri od specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Center for Women's Studies & Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- li,!)LI 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Center for Women's Studies & Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part B5 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds sha 11 be reported to the City and shall on 1 y be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ) /; 7J~~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvina of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. 1 f Grantee ut il i zes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i ci es whi ch thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general publ ic ("cross-l iabil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without 1 imi tat i on attorney's fees) ari s i ngout of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. \/PC 4974H/4975H -4- / b P- ~ ~ '. . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney CENTER FOR WOMEN'S STUDIES & SERVICES BY: ,~\tJz- Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statemenf-;';O:':TS n CAI\NED WPC 4974H/4975H -5- /177J-? '" !!W ~:i ~ JUL 1992 Receive" CommUnity l)evelc~I'r,:'_'. Department ' CENTER FOR WOMEN'S STUDIES AND SERVICES. 2467'E' ST. SAN DIEGO, CA 92102 (619) 233-8984 CITY OF CHULA VISTA Fiscal Year 1992-1993 1. Exhibit A: Statement of Work and Perfomance Schedule We will provide the following services for victims of domestic violence: 1. Shelter: 33 women and .2L children will be provided with safe shelter each quarter for a minimum of 135 women and 225 children for the period of July 1, 1992 through June 30, 1993. Shelter guest will also be provided the following services: a. Individual Counseling b. Group Counseling c. food and clothing d. education materials e. transportation f. legal assistance 2. Hotline: Crisis hotline assistance will be provided to victims and family members of victims II. Exhibit B: Itemized Budget Item 1. 2. 3. Crisis Hotline (Telephone): Rent: Counselor for Domestic Violence Support Group: Court fees for victims: Food: Maintenance & Repair for Shelter: 4. 5. 6. TOTAL: 225 Ouarterly Total $250 $1. 000 250 1,000 96 384 125 500 279 1. 116 2.5L 1.000 $1,250 $5,000 / j; p-?( EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD .News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANOARO 2. 3 4 5 6 7 B SAN DIEGO Very low income 14500 16550 lB650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29BOO 33100 35750 3B400 41050 43700 Median income 29000 33100 37250 41400 44700 4BOOO 51350 54650 Moderate income 34BOO 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: 0""10-', (,12....),(..<:)':;U27 rf,:)v ......... / V ... _~9 T' Y' [0' JUN 1992 ~, I'; Received ~) \~, Ccmmunity Development Co . ~(" Department (~, ~ ~ '~ () "/",, '\.~ J.' 1," , ,~,,~,..,,: rL 9L it\. <t." . /67)q MEMBER AGENCIES: Cities of Carlsbad,' Chula Vista; Coronado, Del Mar. EI Cajon, Encinitas, ~condidO. Imperial Beach, La Mesa, lemon Grove, National City; Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CllY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other Jfficial bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest In the contract, i:e., contractor, subcontractor, material supplier. CenTer for Women's Studies and Services, Inc. (CWSS) 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership_ . None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. SEE ATTACHED LIST Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No xx If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Carol Council Laurine Baxter Sue Kirk Vera Herbst T~l1n"';~ M;:'lrkpn7;p 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No xx If yes, state which Councilmember( s): Person is dermed as: ~ny individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate, this and any other county. city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: 07/17/9? 2J LAJL tCcJvC Signature of contractor/applicant [C:\ WP51\COUNCIL\DISCLOSETXTj Sue Kirk. Actinq Director Print or type name of contractor/applicant / b 1)-;0 {Rcv;scd 11(30(90] RESOLUTION NO. 1&.17t.f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANO EPISCOPAL COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. this Resolution; Presented by 0~~ Chris Salomone Community Development Director mby J Bruce M. Boogaard City Attorney WPC 4976H/4977H 1 'oG -I /1I#E-1. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF EPISCOPAL COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chu1a Vista ("City") herein, a municipal corporation of the State of Ca1 ifornia, and Episcopal Community Services, a non-profit organi zat ion ("Grantee"), and is made with reference to the fo 11 owi ng facts: RI~II8l~ WHEREAS, the City participates in the Convnunity Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 . benefi t low and moderate- income Chula Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chu1a Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- ;I,E3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. ComDensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Otay Community Clinic Health Education Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $10,000 (Ten Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses i temi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. . 6. ReDorts. The Grantee shall provide the City with a quarterly report, submi tted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, whi ch i ncl udes a bri ef narrat i ve of the servi ces provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Episcopal Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- ;i7E-L! 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a compl ete fi nanci a 1 and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Episcopal Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- // E- ~ /U:?" / 15. DruQ-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci al s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut il i zes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee wi 11 provide, pri or to the commencement of the services requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspensi on and Termi nat i on. In accordance wi th HUD regul at ion 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /hE-? " .. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy'in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney EPISCOPAL COMMUNITY SERVICES BY: ~ff/~ Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- / c:: E~ 7 EPISCOPAL COMMUNITY SERVICES EXHIBIT A STATEMENT OF WORK/PERFORMANCE SCHEDULE ACTIVITY TIMELINE 1. HIRE: Outreach Health Educator (OHE) Fifteen days from finding 2. ORIENT: OHE to ECS South Bay Programs Wi thin Fifteen days of Hire 3. SCHEDULE: Presentations to ECS Programs Minimum 4 Within Thirty Days of Hire 4. PROVIDE: Health Education Classes & Individual Sessions at ECS South Bay Programs Minimum 20 per month Within Thirty Days of Hire and Ongoing 5. SCHEDULE: Presentations at Community Agencies, Centers and Other Interested Groups or Companies Minimum 10 Wi thin Ninety Days of Hire and Ongoing 6. PREPARE: Progress Reports Quarterly ~ 0,"' /t-t' ;$ Salaries/Benefits Rent/Utilities E~~ipment/Supplies Mileage/Tokens Management Fee EPISCOPAL COMMUNITY SERVICES Totals EXHIBIT B ITEMIZED BUDGET ~ $10,000 $10,000 /61:-; OTHF.R PONDS $ 4,200 1,100 400 800 1. 700 $ 8,200 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters \ich will require discretionary action on the part of the City Council, Planning Commission, and all other ~.iicial bodies. The following information must be disclosed: L List the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. Eoiscooal Ccmnunitv Services 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~pp. at t ;:'!rhPii T. i st 'T. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ---1L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Fpi",Y1P"] Ccmn\mitv Services 5. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ---.X.. Jfyes, state which Councilmember(s): 'erson is defined as: "Any individual, finn, co-paJtnership, joint venture, association, social club, fraternal organization, corporation, state, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or odzer political subdivision, 'T any other group or combination acting as a unit. It NOTE: Attach additional pages as necessary) )ate: 00~ c\ WP51\COUNCIL\DISCLOSE.1Xrj Charles R. Keers Print or type name of contractor/applicant /~< ;:-_ / r} [Rev;scd, 11/30/901 / v--' '- (L,. EPISCOPAL COMMUNITY SERVICES BOARD OF DIRECTORS 1991-1992 IRVING W. PARKER, KSG SHIRLEY LYMAN G. WILLIAMS RUTHERFORD E. CLARE FRIEDMAN LINDA SENYSHYN PHILLIPS MONTROSS L. ANN BANNISTER TALMADGE O. BARTLEY RONALD P. BIRD WILLIAM R. BROUGHTON FRANK B. ENSIGN, JR. HAROLD P. FIELD ANTOINETTE HARRIS TALLY H. JARRETT GERALD G. LOEHR ANNE T. MARSHALL LESLIE E. MARSHALL HARRY MATHIS ELVI J. OLESEN ROBERT D. ORPHEY DONALD JOHN QUACKENBUSH / . ----I . / "n~: - / MICHAEL M. RAGGETI ROBERT T. REESE C. BOONE SADLER WARREN SANDS C. WARREN SPITZER STIRLING D. TOMKINS E. BERT VALENTINE ELIZABETH WALKER NELL FOSTER WALTZ SHIRLEY WILLIAMSON LENORA T. WITT //; L - /2 RESOLUTION NO. 1/:."115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYS & GIRLS CLUB OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoptio hereof in the minutes of the meeting at which the same is passe and adopte . Presented by ~~ Chris Salomone Community Development Director ruce M. Boogaard City Attorney WPC 4976H/4977H I&.F~ / /1'1 '2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF BOYS & GIRLS CLUB OF CHULA VISTA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Boys & Girls Club of Chu1a Vista, a non-profit organi zat ion ("Grantee"), and is made wi th reference to the following facts: jLE~lIAl~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chu1a Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chu1a Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedu1 e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- / ?,'?-3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Teen Outreach. The City shall compensate Grantee for said services up to a maximum amount not to exceed $9,000 (Nine Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and sha 11 not i ncl ude any anti ci pated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Boys & Girls Club of Chula Vista are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- / c5, ,f- i 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its di scret i on may requi re the Grantee to provide or allow the Ci ty to undertake a complete fi nanci a 1 and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Boys & Girls Club of Chula Vista, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram ReQui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng exceptions: a) The Grantee does not assume envi ronmenta 1 responsi bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. ProQram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Rel iaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- .---- ----- )rf)r~_S 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federa 1 Offi ci a 1 s. The Grantee sha 11 not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee uti 1 i zes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abil i ty and property damage insurance pol i ci es which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces requi red under thi s agreement the foll owi ng cert i fi cates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought agai nst the City, its offi cer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- I j; ;::-? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney BOYS & GIRLS CLUB OF CHULA VISTA BY: Il'. -......\.....:tt~ Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- /0;:-'7 EXHIBIT A STATEMENT OF WORK AND SCHEDULE The BOys & Girls Club of Chula vista helps build the self-esteem and self-confidence of young people and helps prepare them for a responsible and self-sufficient adulthood. This occurs through activities including homework help/tutoring, substance abuse prevention, specialized health education programs, fine arts, social recreation, and individual and team sports. This is aug- mented by several special interest group clubs and youth devel- opment programs. This grant will help fund our new Teen Outreach program. Teen Outreach is a program designed to build the self-confidence and self-esteem of teens at risk. The program provides teens with a place to go of their own which is safe, supervised, and conducts positive activities. The Boys & Girls Club initiated the Teen Outreach program at the Oleander center this past year and now would like to replicate the project at the L Street center. Though teens have access to club activities throughout the day, the building will be pro- grammed for teens exclusively from 6:30 p.m. - 8:30 p.m., Monday through Friday. Activities will include homework help/tutoring, leadership development, teen employment training, community ser- vice, social recreation, as well as pertinent teen issues includ- ing substance abuse prevention, staying in school, relationships, etc. CDBG funds will be used for personnel expenses to conduct these program activities. Teen Outreach will serve 200 unduplicated youth ages 13-18, 60% of which will be from low-income families. The program will start on July 1, 1992. Specific programming will be scheduled on a quarterly basis. From July 1 - June 30, at least 200 unduplicated teens will be served. Services will be delivered five days a week, Monday - Friday. ~r~ EXPENSES Salaries/Benefits Space Costs Materials & Supplies Total INCOME CDBG united Way contributions/Fundraising Program Income TOTAL BUDGET CDBG $6,500 $2,500 $9,000 $ 9,000 8,500 16,590 1,500 $35,590 J r;, f' / 1 EXHIBIT B OTHER FUNDS $19,154 5,636 1,800 $26,590 RESOLUTION NO. 11,111. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY SERVICE CENTER FOR DISABLED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a pri nci pa 1 goal of whi ch is to fund projects and servi ces which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Counc il does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and ado ion hereof in the minutes of the meeting at which the same is passed and ad ed. Presented by eL~ A , ,d 'J' ' bY.J) Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H {loG -lflto (,-2. f.. . AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF COMMUNITY SERVICE CENTER FOR DISABLED IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Community Service Center for Disabled, a non-profit organization ("Grantee"), and is made with reference to the following facts: B.E~IIA1~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefi t low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of thi s agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /' '> /& CT-~ 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUO Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the CSCD South. The City shall compensate Grantee for said services up to a maximum amount not to exceed $8,000 (Eight Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following recei pt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Community Service Center for Disabled are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- '/ /' L/ /{j)I.;;- 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Community Service Center for Disabled, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proqram ReQu i rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a} The Grantee does not assume envi ronmental responsi bil it i es descri bed at 24 CFR 570.604; b} The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountinq Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proqram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- r /" ) 6 u-~ 15. Drua-free Workolace.' The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci al s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage pl us $I, ODD, 000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification Shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- It;, {:; - ? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney COMMUNITY SERVICE CENTER FOR DISABLED By:/2f;<<t~ ~ Exhibit list Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure StatementN or SCANN~.IJ WPC 4974H/4975H -5- /L {; -? , "' - CSCD The Community Service Center for the Disabled (619) 293-3500 1295 University Ave. . San Diego, CA 92103 · TDD 293.7757 FAX 293-3508 CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICES FUNDING FOR 1991-92 EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE The City of Chula Vista 1993 CDBG award of $8,000, joined with $2,000 of unallocated CSCD funds, will enable the agency to provide independent living services to at least 207 local residents with disabilities between July 1, 1992 and June 31, 1993. This will be an increase of 13.5%. An average of at least 17 Chula Vista residents will be served each month. Supported. in part, by . United Way/CHAD Campaign )&;& -y' Dedicated to Independent Living - CSCD (619) 293.3500 1295 University Ave. . San Diego, CA 92103 . TDD 293.7757 FAX 293-3508 The Community Service Center for the Disabled CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICES FUNDING FOR 1991-92 EXHIBIT B ITEMIZED BUDGET Total ChuIa Vista Other Service Provider 50% Salary & Fringe Benefits (20%) $10,000 $ 8,000 $ 2,000 Supported. in part, by . Unl~d WIly/CHAD Campaign ./ /' 0 /6. V '; Dedicated to Independent Living THE CITY OF CHULA VISTA PARlY DISCLOSURE STATEMENT < ~ement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters wuich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: L List the names of all persons having a financial interest In the contract, Le., contractor, subcontractor, material supplier. Community Service Center for the Disabled 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than :5250 worth of business trans:lcted with any member of the Cit'j st:lff, BO:lrds, Commissions, Committees :lnd Council within the past twelve months? Yes No ~ If yes, ple:lse indic:lte person(s): 5. Please identify each and every person., including any agents, employees, consultants or independent contractors who you have assigned to represent YOl! before the City in this matter. Patricia Yeaqer, Executive Director Terry Kn=, Independent Living Services Coordinnt-nr Carol August, Job Club Coordinator 6. Have you and/or your officers or agents, in the aggreg:lte, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No.-X... If yes, state which Councilrnember(s): Person is defmed as: "Any individua4 finn, co-paTrJurslzip, joint venture, association., social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate, this and any otha county, city and country. city, municipality, distn"ct or other political subdil'isioll, or any olher grOllp or combinatioll acting as a unit." Date: July 21,1992 I~ a~p-%' gnature of comtr emr/applicant ) r;; 6' -/ ~7 -'fOTE: Attach additional poges as necessary) Patricia Yeager Or_' .",,_ ,__....~.., "'.~._. ~,-.-~~,..., Print or type mme of contr:lct()r /:lpplicant Iltcvi:<>cJ: 11/30/90] ,. r CSCD BOARD OF DIRECTORS Officers Rev. 02/27/92 CHAIR Ron penksa . vice President, Investments Great Western Financial Securities 260 West Grand Avenue - work Escondido CA 92025 741-8319 work / 745-6029 fax 753-3073 home VICE-CHAIR Michael. King Construction Business Consultant Sierra General Const Corp. 463l. viewridge Ave Ste 200 - work San Diego CA 92123 974-7503 - work / 974-7511 fax TREASURER Burt Eaves Vice President & Manager San Diego Trust & savings Bank 23l. West Main Street - work El Cajon CA 92020-4584 441-7050 - work / 441-7032 fax SECRETARY Arlene Chapel. ( Manager, Human Resources Dept Sanyo North America Corp 2001 Sanyo Avenue - work San Diego CA 92173 661-1134 x509 - work/661-6795 fax - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - stephen Barnes . Asst. Vice President Student Affairs San Diego State university - work San Diego CA 92182 594-5211 - work / 594-5642 fax 464-5439 - home Jack Robertson"'- Teacher, Special Education in San Diego City Schools 3490 Argonne Street - home San Diego CA 92117 274-9822 x254 - work/483-4267 fax 483-9214 - home Chris crotty Political/Gov't Affairs Consultant 3560 First Avenue #11 - home San Diego CA 92103 291-0407 - work " - home Ray Uzeta Executive Director I ',Chicano Federation 610 22nd Street - work San Diego CA 92102 236-1228 - work / 236-8964 fax 276-9211 - home Members Bob Gonzales . Vice President Human Resources Area Manager Union Bank - work POBox 85642 San Diego CA 92138-9913 230-4380/Susan 230-4381 - work 230-3213 / Fax 484-4703 - home Anne Heller Assoc. Dean of Disabled Students S.D. Community College District 4610 Van Dyke Avenue - home San Diego CA 92116 584-6983 - work / 584-7313 fax 280-4691 - home (name & ph #) Arnold Fl.uster / Management Analyst 10449 Westchester Ave - home San Diego CA 92126-3340 553-4723 work/553-4402 fax 271-1028 - home Diane Ward ' CPA 6540 LuskBlvd, Ste 259 - work San Diego CA 92121 558-8840 work / 558-8965 fax 566-6843 - home J& G -J / 7 . . Joan McEntyre Accounting Executive ,Alexander & Alexander 9360 Town Center Drive - work San Diego CA 92121 552-2250 work I 552-2270 fax 689-4979 - home Royce Hamrick- 7960 Santa Arminta Avenue San Diego CA 92126 586-0417 - home LR:A1\boardmem.lst , , ; Robert Meissner 9522 Via Pereza - home , San Diego CA 92129 484-0054 home 223-2638 work (occasional #) 223-0231 fax (call work # first to alert that fax is on the way for Meissner) /b & ~/d- RESOLUTION NO. I b '711 RESOLUTION OF THE CITY COUNCIL OF THE" CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chu1a Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and ob1 igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City C1 erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chu1a Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by ~~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H !b!-l-J I "H"Z. \.. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SWEETWATER UNION HIGH SCHOOL DISTRICT IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the reference only, and effective as of the date last executed parties, between the City of Chula Vista ("City") herein, corporation of the State of Cal ifornia, and Sweetwater Union District, a non-profit organization ("Grantee"), and is made with the following facts: purposes of between the a municipal High School reference to Rf~lI8.b~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch will benefi t low and moderate- income Chula Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: I. Term of Aqreement. The term of thi s agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /l/I/3 '-. \ 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budoet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the New Chance Childcare Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,000 (Five Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses i temi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provi de the Ci ty with a quarterly report, submi tted no 1 ater than 40 days after the 1 ast day of the previous quarter, which incl udes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assionment. The services of Sweetwater Union High School District are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /&;1/ -1( '- 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Sweetwater Union High School District, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng except ions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-I22 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- //cr) -"-S , 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage pl us $1 ,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /ti/j-0 , , 1 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chu1a Vista ATTEST: City C1 erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SWEETWATER UNION HIGH SCHOOL DISTRICT ~~o. 8-~-'1~ Exhibit List Exhi bit A. Exhi bit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure StatementNOTSCANNED WPC 4974H/4975H -5- /6)/-7 EXHIBIT A Statement of Work CDBG Funds for Sweetwater Union High School District, Division of Adult and Continuing Education, Childcare Program, 1992-1993 Description The Sweet:water Union High School District has recently opted to eliminate the rental units which housed the childcare program at the time our grant application was submitted, thereby eliminating the rental cost which we originally sought to partially offset with CDBG funds. Instead, we wish to use these funds toward the cost of salary for three children's center permit teachers and five children center permit teacher aides during the months of July and August, 1992. The total salary/benefits for this time period is $17,817.00. The population being service in this childcare facility are ei ther the chi Idren of young welfare mothers enrolled in New Chance, or the children of mothers enrolled in the Pregnant Minor program. The children are commingled at site, with the majority being recipients of AFDC (Aid to Families with Dependent Children) referred to us by the Department of Social Services. Sweetwater provides free breakfast, snack, and lunch for children 10 months old and over (age range in center is 2 months to 5 years) . Schedule The children's center opened for summer sess~on on June 29, 1992, and will operate through August 12, 1992. This calendar corresponds with master schedule of the Chula Vista Adult School where the children's mothers must be enrolled as students. The hours of operation are Monday-Thursday from 7:00 a.m.-2:00 p.m. Because of the mothers economic situation, there are no fees. Budqet See attached / {~II-'(( (ZJ Program 507 Line OT BUDGET # 1101. 00 1102.00 2101.00 2102.00 3000.00 4310.00 5540.00 5570.00 5610.00 SWEETWATER UNION HIGH SCHOOL DISTRICT DIVISION OF ADULT EDUCATION EXHIBIT B Childcare Program 1992 PROPOSED SUMMER BUDGET SUHSD (Adult Ed. General Fund) NAME PROPOSED BUDGET Teachers Regular Teachers Substitutes paraprofessionals Regular Paraprofessionals Substitutes Benefits Classroom Supplies Telephone Pest control Rental of Facilities $ 6,257 346 7,729 327 1,504 300 120 120 1,600 $ 20,503 =========== *3 Permit Teachers 27 days (16days/7hrs) (11 days/5hrs) **5 Instructional Assistants (16days/6.5hrs) (11days/4.5hrs) ***1 sick leave day per employee ;i:Mt-- l ' ~tJ Le/<- g~R~ r 'I ''j/Jerv C'V./tNGC- /e' 7 : . / " l-q9-- 3,,3 ~~) //; )-/ -9 @ THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters '",hich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies, The following information must be disclosed: 1. List the names of all persons having a financial interest III the contract, Le" contractor, subcontractor, material supplier. Sweetwater Union Biah School District 2, If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership, - 0 - 3, If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trusL Lita David Nick Aguilar Lorenzo Provencio Jim Cartmill Ruth Chapman Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Linda G. Taylor 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No _ If yes, state which Councilmember( s): maybe-see attached Person is dermed as: "Any individual, finn, co-paltnership, joint venture, association, social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." Signature of B.A. Dra tra~tor/applicant A.:t4..,;fa, ~. . n/Llnda Taylor 1'-,:L/-? ......,;> (NOTE: Attach additional pages as necessary) Date: August 4, 1992 [e\ WP51\COUNctL\DISCLOSETXT] Print or type name of contractor/applicant ) b /-1 / (? IRe..;sed 11(30(901 6) Maybe for the purpose of disclosure only. If employees of the Sweetwater Union High School District, may be considered "agents" or officers as the term is used on the disclosure form, they have, to our collective knowledge, given more than $1,000, in the aggregate, in contributions to Jerry Rindone's campaign. However, to my knowledge, there was no coordinated contribution program by which each of these contributors made contributions, therefore, any individual who may also be considered an agent or officer of Sweetwater Union High School District in this context, and may also have contributed to Mr. Rindone's campaign, did so as a private ci tizen without regard to his or her position or employment in the district. /6t)~JI ~ RESOLUTION NO. )611 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YWCA OF SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City part i c i pates in the Commun i ty Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The Ci ty Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passage and adopt i ereof in the minutes of the meeting at which the same is passed and adopt Presented by ~ ~~ Chris Salomone Community Development Director Bruce M. Boogaarij City Attorney WPC 4976H/4977H /I..t.-l/U,I-Z. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YWCA OF SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made thi s July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and YWCA of San Diego County, a non-profit organization ("Grantee"), and is made with reference to the following facts: Rf.c.lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefi t low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 3D, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /~f~J ~' 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Men's Counseling Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,000 (Five Thousand Dollars). An itemized budget for said expenses is in Exhi bit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred duri ng the period speci fied on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the 1 ast day of the previ ous quarter, which i ncl udes a bri ef narrative of the servi ces provi ded and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of YWCA of San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- )IPJ.Lj 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YWCA of San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Admi ni strat i ve Reaui rements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulatians described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circul ar A-122 "Cost Principles far Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds sha 11 be reported to the City and shall only be used by Grantee far the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious OrQanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prahibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ~ ---- / tb.J - s 15. Druq-free WorkDlace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abil ity and property damage insurance pol i ci es whi ch thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services requi red under thi s agreement the fo 11 owi ng cert ifi cates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and whi ch treats the employees of the Ci ty in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole wi llful conduct of the City, its offi cers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. SusDension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- / t,J ~ t? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YWCA OF SAN DIEGO COUNTY BY, ~J l1a~ Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOTSCA]\T1\mry, City of Chul a Vi sta Party Di scl osure Statement NOT SCANNED WPC 4974H/4975H -5- /&;7 -; Exhibit A YWCA OF SAN DIEGO COUNTY BATTERED WOMEN'S SERVICES STATEMENT OF WORK AND PERFORMANCE SCHEDULE The YWCA/BWS Men's Counseling service will hold two management counseling groups for court referred clients. groups will be held on Monday and Wednesday nights at the vista Boys and Girls Clubs, 1301 Oleander. anger These Chula Both groups will be conducted in spanish by Jesus Espinoza, MA, a skilled facilitator with extensive experience in domestic violence counseling and a particular expertise in working with the Latino family. Groups combine psycho-educational techniques utilizing written and visual materials in Spanish and group therapy. July 1992 By Mid-July both groups will be underway. July 1992-June 1993 Groups will be held each week (with the exception of the Christmas holiday). New members will continue to be assigned to the group with the optimum membership of 12 men. Clinical supervision will be provided by our Director of Men's Counseling, Lucille Boxell, MA; and overall program supervision will be provided by Cordelia Ryan, Director of Battered Women's Services. /t~J/6 Exhibit B YWCA OF SAN DIEGO COUNTY BATTERED WOMEN'S SERVICES ITEMIZED BUDGET Salaries/Benefits: CDBG $2652 OTHER FUNDS $1357 Rent: 1248 utilities: 100 100 Equipment/Supplies: 800 200 Travel: 300 Printing: 200 Postage: 100 100 Insurance: 250 Subtotals: $5000 $2307 TOTAL: $7307 It ;-; EXHIBIT C ~ San Diego . ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 8 Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41.300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: ...1'20293021 r(-'V ""'_ ~9" t. /~ I;: tj) f?! JUN 1992 ~ ~~ Received ~ ~ Community Development OJ c-\ Department (0 q. C' 6} ,," '-..f' 1," .~tGISLvt~\ MEMBER AGENCIES: Cities of Carlsba~; Chuta Vista.. Coronado. Del Mar. EI cajo~;;fL ;S!oedO. Imperial Beach, La Mesa.", ~,.'.,~. Lemon Grove, National City, Oceanside, Poway.-San Oiego,;San Marcos. Santee,'Solana_Beach; Vista-and COunty of San Oiego_.''''.1'!,,:ir';;,ri/,~"l'('_:''' ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. - Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters ,hich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. YWCA of San Diego County 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . NONE 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See Attached List ... Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ---X If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Janie Davis. Executive Director Cordelia Ryan, Director, Battered Women's Services 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember( s): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Dilte: ,Tuly 22, 1992 6 [C;\ WP51\COUNCIL\DISCLOSE.TXT] Janie Davis, Executive Director Print or type name of contractor/applicant /'".1' // [Re.;sed 11/3D/9D] BOARD OF DIRECTORS YWCA OF SAN DIEGO COUNTY ROSTER APRIL 1992 NAME ELVIA AGUILAR ADDRESS 256 CORALWOOD CHULA VISTA, CA 91910 SOPHIE L. ALDRICH 4295 FIFTH AVENUE SAN DIEGO, CA 92103 CLARA BAITY 9439 #01 GOLD COAST DR. SAN DIEGO, CA 92126 CAROL BROWN 4490 FANUEL STREET SAN DIEGO, CA 92109 SELTZER, CAPLAN & McMAHON 750 B STREET, 21ST FLOOR SAN DIEGO, CA 92101 JANICE BROWN LINDA CHESTNUT FINANCE CHAIR 11030 FORESTVIEW LANE SAN DIEGO, CA 92131 CHER CONNER DEVELOPMENT CHAIR 1299 PROSPECT LA JOLLA, CA 92037 CHAR DEMOTTE 6070 CARDENO LA JOLLA, CA 92037 LOLA J. HOBBS (*E) 6683 HILLGROVE DR. PROGRAM CHAIR SAN DIEGO, CA 92120 JEANNE HUNSAKER (*E) 1637 VISTA VEREDA 1ST VICE PRESIDENT EL CAJON, CA 92019 JANET MARLBOROUGH 12760 HIGH BLUFFS DR. (LEAVE OF ABSENCE) SUITE 380 SAN DIEGO, CA 92130 JOAN MARTIN (*E) CAMPAIGN CHAIR C/O CALL DOCTOR, INC. 2924 EMERSON ST., STE. 300 SAN DIEGO, CA 92106 TERM 1/93 1/93 1/92 1/92 1/94 1/94 1/94 1/92 1/92 1/93 1/92 2/93 / j,J> /c2 PHONE H 422-3462 W 260-7160 H 688-9806 W 543-8193 H 271-8448 W 258-3030 H 488-1101 W 488-7121 , H 497-1707 W 685-3003 F 685-3100 H 578-3531 W 549-7522 H 454-8714 W 459-0501 F 459-3275 H 454-6496 H 463-4571 W 338-2883 F 338-2876 H 579-6025 H 754-9411 W 259-8999 ~ H 226-8863 W 222-8745 F 222-2654 3701 HAWK STREET SAN DIEGO, CA 92103 JULIE SHAKE (*E) 3636 ARIZONA ST. TREASURER SAN DIEGO, CA 92104 NAME JACKIE MONTAGUE (*E) 2ND VICE PRESIDENT Y;;UPHEMIA NG ~ ~~((Y J~ ~ ASHLEY PHILLIPS (LEAVE OF ABSENCE) JANE PHILLIPS ,. PEGGY PRICE (*E) SECRETARY DORIS RAMSEY JULIA E. RUCKER BARBARA SCOTT (*E) ADDRESS TERM 8557 HUDSON DRIVE 1/92 SAN DIEGO, CA 92119 11078 AVENIDA PLAYA VERACRUZ 1/92 SAN DIEGO, CA 92124 2850 SIXTH AVENUE #311 1/92 SAN DIEGO, CA 92103 7960 SEVAN COURT SAN DIEGO, CA 92123 1/92 900 ALAMEDA BLVD. CORONADO, CA 92118 2/93 4063 THE HILL ROAD BONITA, CA 91902 1/92 9350 HOLLYHOCK ROAD SPRING VALLEY, CA 91977 1/93 1/92 1/94 ELLEN STANBROUGH 4070-19 PORTE LA PAZ SAN DIEGO, CA 92122 1/94 CYNTHIA STUENKEL, MD 6376 CASTEJON DRIVE LA JOLLA, CA 92037 1/94 SUZANNE SWIFT 7163 CAMINO DEGRAZIA #114 SAN DIEGO, CA 92111 1/92 MARY LOU WASHATKA(*E) 6283 LAKEWOOD STREET PRESIDENT SAN DIEGO, CA 92122 SHEILA WASHINGTON MARY J. WOOD <*E) 1/92 WASHINGTON ENTERPRISES -225 BROADWAY SAN DIEGO, CA 92101 1/94 PHONE H 462-2175 W 465-3234 ~) P.O. BOX 1831 SAN DIEGO, CA 92112 1/93 H 467-1073 W 235-4282 H 756-3574 W 298-9352 F 298-3406 H 571-7328 H 435-2358 H 475-5597 H 463-8395 W 464-6426 F 464-5377 H 293-0235 W 767-3451 ~ , H 692-9273 H 455-0194 W 691-2909 W 456-2874 F 456-2658 H 576-2463 W 565-2515 C 980-2845 F 571-3798 H 546-8250 H 238-4313 W 237-0559 F 237-0521 H 452-9717 W 699-5013 *E EXECUTIVE COMMITTEE MEMBER (H - HOMEj W - WORKj C - CARj F - FAX) .J (PHONE NUMBERS IN BOLD ARE THE PREFERRED NUMBER TO CALL) ;67-/J RESOLUTION NO. It.. 11 q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vi sta held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION 1. The Ci ty Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION Ill. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of origi Resolutions said City; and shall make a mi nute of the passage and ado tin hereof in the minutes of the meeting at which the same is p d a1nd ad te. Presented by Ap ro ed as f r by (O~~ ~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney WPC 4976H/4977H li."S -//"_1'; " AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METROPOLITAN SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal Hornia, and YMCA of Metropol itan San Die90 County, a non-profit organization ("Grantee"), and is made with reference to the following facts: RIJ;.II81~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefit low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng those certai n servi ces for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. ~PC 4974H/4975H -I- I &1- '-I 3. Low Income Reouirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budqet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the YMCA Family Stress Center. The City shall compensate Grantee for said services up to a maximum amount not to exceed $20,000 (Twenty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payro 11 s, etc. as sha 11 provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assiqnment. The services of YMCA of Metropolitan San Diego County are personal to that organi zat ion. The Performance of thi s agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- ) (; ~_5 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee.. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sections of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 responsi bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. ~PC 4974H/4975H -3- I b J/ to 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvinq of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the a forement i oned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abi 1 i ty and property damage insurance pol ici es which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general publ ic ("cross-l iabil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- )& J-- 7 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA OF METROPOLITAN SAN DIEGO COUNTY BY: L.;L//./~ Richard A. Collato President & CEO Exhibit List Exhi bit A. Exhibit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- /hJ~~ EXHIBIT A CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT YMCA Family Stress Center STATEMENT OF WORK FOR 1992-93 1. Description The CDBG funds will be used towards the personnel costs of staff of the Child Abuse Treatment Services (CATS) program. CATS staff will provide individual, family and group counseling services for a minimum of 375 Chula vista residents (children and adults) who are dealing with the issues of child physical, sexual and emotional abuse. Services will be provided at our main location of 571 Third Avenue, Chula Vista, 91910, and at satellite locations in the South Bay area (generally donated space in public schools or community churches.) 2. Schedule Section Due to the long term nature of treatment for child sexual abuse, which constitutes approximately eighty per cent of the total service delivery at Family Stress Center, there are a number of cases which are carried over to the next fiscal year. In light of this, it is anticipated that the number of "new" clients will be largest in the first quarter. The estimated schedule is as follows: Cumulative number of individuals seen by: End of first quarter: 225 End of second quarter: 300 End of third quarter: 350 End of fourth quarter: 375 3. Budget - See attached. /0f-9 CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT YMCA Family Stress Center Budget For 1992-93 Gross Salary FICA Unemployment Workers' Compensation Retirement Medical $16,840.00 $1,287.00 $70.00 $674.00 $878.00 $251.00 TOTAL: $20,000.00 ~ ' /c?j- /0 EXHIBIT B EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (819)595-5300 Fax (819)595-5305 TO: Housing Department Staff and Interested Persons Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) FROM: SUBJECT: liUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 /tf-/I .....-1.1<2' 2S1 2G .2~- ('1(.-:/" """" f,f.l?' JU;1992 <\ (~N_l Received ::;1 ~, Community Development 0:'/ C', Department !!;" / 0, " '"a <) ,'i'r::"":' "....." ". '. ,1; ", e' '"' 't,. .........-- ~....:l.. II'" Don Crow (916) 323-3175 FAX (916) 323-6625 MEMBER AGENCIES: Cities of Carlsbad,. Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa. Lemon Grove, National City, Oceanside, Poway. San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters vhich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. YMCA OFFICERS AND DIRECTORS (see attached list) 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. YMCA OFFICERS AND DIRECTORS (see attached list) Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No --1L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Gail N. Edwards 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No.1L. rfyes, state which Councilmember( s): Person is defined as: "Any individua4 finn, co-plll1nership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: ~"'/9"- Si~:;; ~C~/apPlicant Richard A. Collato, President & CEO Print or type name of contractor/applicant / t ,.7-/;J., [Revi,ed 11(30(90J IC:\ WP51\COUNClL\DISCLOSE. TXT] ROBERT E. ADELlZZI PreSident HomeFed Bank RICHARD C. BIGELOW Managing Partner Arthur Andersen Company DIRK BROEKEMA, JR. YMCA Vice Chairman President Bowest Corporation ANN BURR YMCA Vice Chairwoman President Southwestern Cable TV PAUL BUSS Executive Vice President Oliver McMillan MILTON R. CHEVERTON Chairman of the Board Cheverton & Associates TERRY CHURCHILL Area Vice President Pacific Bell VINCENT R. CIRUZZI YMCA Treasurer President & CEO San Diego Spans Arena FREDERICK W. CLOSE, M.D. Orthopedic Surgeon RICHARD A. COLLATO President & CEO 'YMCA of San Diego County STEVE CONNER YMCA Board of Governors Chairman Real Estate Investments JAMES M. COWLEY YMCA Vice Chairman Partner Latham & Watkins SID CRAIG Chairman Jenny Craig Weight Loss Centre NEIL DEAROUGH President & General Manager KNSO Channel 39 RON L. FOWLER President Mesa Distributing YMCA OFFICC:RS AND DIRECTORS RICHARD J. FREEMAN President San Diego Padres Baseball Club HARRY O. FRELS Real Estate Broker LYLE GABRIELSON President Rick Engineering Company ROBERT H. GOLDSMITH President & CEO Rohr Industries. Inc. CLIFFORD W. GRAVES YMCA Secretary President Grigsby, Graves WARNER L. HARRAH Senior Vice President & Manager Ticor Title Insurance KARLA E. HERTZOG President TOPS Total Personnel Service NORMAN HICKEY Chief Administrative Officer San Diego County ROY C. HOUTZ Vice PreSident & Manager First Interstate Bank of C2J;fornla MURRAY H. HUTCHINSON Chairman of the Board IT Corporation PAT HYNDMAN President The Executive Commlltee GORDON M. JOHNS Par1ner Deloltle & Touche HUBERT L. KALTENBACH Vice Chairman Copley Newspapers JAMES G. KENDRICK PreSident & Cl~alrman (retlreOl WT Grant Company AL KERCHEVAL PreSident Kercheval Engineers DAVID E. LLOYD Presloent Bay City Marine JACK McGRORY City Manager City of San Diego ROBERT B. McLEOD YMCA Vice Chairman PreSident Newland Group. inc RICHARD L MANNING Vice President. Public Relations San Diego Gas & Electnc JOSEPH MARTINEZ President Martinez. Cutri & McArdle RICHARD W. MEADS Chairman & CEO Knoth & Meads Company BRUCE N. MOORE Execullve Panner Barney & Barney ii'lsurance JOSIAH l. NEEPER Chairman of the 5oaro Gray. Cary. Ames 3. Frye THOMAS F. NOON PreSident Shea Homes OSCAR PADILLA YMCA Vice Ch2.,~.""'an President Oscar Padilla Insvance THOMAS PAYZANT Superintendent San Diego Unl:iE<J City Schools RAYMOND W. PEIRCE Infernallonal Mar.agemenl Consultant ALAN R. PERRY YMCA Assistant Secretary Attorney Musick. Peeler (, Garrett DAVID J. PRIMUTH Chairman & CEO JWP West PAUL R. PULLIAM Pastor First Presbyterian Church JAMES H. REED Senior V,ce Pres!cent (retired) AO Reed & COr:"oany PAUL K. RICHEY YMCA Chairman of the Board PreSident PKR Associates 16,}--/3 9/j'J2- SYLVIA RIOS PreSident First Security Mortgage DONALD ROON YMCA Immediate Past Chairman PreSident The Roon Foundation MARGE ROULETTE Director WD.40 and SCrippS Clinic ROBERT SCHACK Senior Vice President Secl,H1ty Pacific National Bank JAMES A. SIMPSON YMCA Vice Chairman President Trade Service Corporation HAROLD B. STARKEY Senior Executive Vice Preslden, Coast Savings & Loan ROBERT A. T JOSVOLD Senior Vice President Bank of America ROBERT E. TOWNSEND PreSident Townsend Lincoln Mercury GILBERT VASQUEZ Presloent Industrial Data Link Corporation ROBERT WATKINS Managing Director Russell Reynolds AssoCIates DOUGLAS P. WILSON PreSident Caner/Wilson WALTER J. ZABLE YMCA Vice Chairman Chairman of the Board & CEO CubiC Corporation PAUL A. ZECOS Management Consultant RESOLUTION NO. (b1tO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a pri nci pal goal of whi ch is to fund projects and servi ces which will benefit low income Chu1a Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Counci 1 does hereby approve the Agreement known as Document Number C092'_, a copy of which is on file in the office of the City C1 erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the pass e and adop . on hereof in the minutes of the meeting at which the same is s ed and ado t d. Presented by Ap r ed as ~ f ~ ~o I~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney WPC 4976H/4977H I leI< -1/ 16t-2, - ;< -~ t AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METROPOLIT1Ut SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporation of the State of California, and YMCA of HetrepolitaR San Diego County, a non-profit organi zat i on ("Grantee"), and is made wi th reference to the following facts: R~~lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch will benefi t low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement sett i n9 out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- It!( -) 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the South Bay Family YMCA Childcare Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $15,000 (Fifteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred duri ng the peri od speci fi ed on sa id form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City wi th a quarterly report, submitted no 1 ater than 40 days after the last day of the previous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemi zed account i ng of the expendi tures of CDBG funds duri ng the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. . 7. Assianment. The services of YMCA of Metropolitan San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- / t /( -II . 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a compl ete fi nanci a 1 and program audi t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, sha 11 represent the City in all matters perta i ni ng to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl i cabl e uni form admi ni strat i ve requi rements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume respons i bil ity for i ni t i at i ng the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- / d) /{ -._S .' 15. DruQ-free WorkDlace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modi fi cat ion of any Federa 1 contract, grant, loan, or cooperat i ve agreement. I f Grantee utili zes any other funds for any of the aforement i oned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general publ i c ("cross- 1 i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. SusDensi on and Termi nat i on. In accordance with HUD regulat i on 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /6/( -0 ,", 'w' 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of COBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Cl erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney COUNTY YMCA OF j4[lR6~l'lLlTArj SAN DIEGO ~ov "fJ BY: f~J () ~ L'Lr I I ~/v'f- 72-- Exh i bit Li st Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUO Income Limits (Revi sed May 1992) NOT SCANNED Exhibit D. City of Chula Vi sta Party Di scl osure Statement NOT SCAl\7'iED WPC 4974H/4975H -5- )0)("1 Exhibit A SOUTH BAY FAMILY YMCA STATEMENT OF WORK & PERFORMANCE SCHEDULE CHILD CARE PROGRAMS The Sunshine Company is a state licensed, National YMCA child care program offered by the South Bay Family YMCA. The program provide's child care for children in Kindergarten through sixth grade. No child shall be turned away from the program because of race, sex, color, nationality, age or handicap. Each child is treated equally. There is no segregation or any discrimination against any child. CDBG funds will be used to provide YMCA Sunshine Company Child Care to low income families residing in the community. Funds will cover the cost of supplies and equipment such as: books, games, sports equipment, first aid supplies, craft and science projects, nutritional snacks; as well as staff wages, benefits, insurance, and other necessary operational costs. YMCA Sunshine Company childcare sites will operate during the school year on a daily basis when school is in session. The after school sites: Feaster, Vista Square, and Harborside open upon school dismissal and continue providing care until 6:00 p.m. The all day site: Harborside opens at 6:30 a.m. and continues operation until 6:00 p.m. In addition, the YMCA provides transportation to children at Otay & Montgomery Schools. They are bused to the Harborside Site. ) bl; );/ Salaries & Benefits Food/Snack Supplies Equipment & Supplies South Bay Family YMCA Childcare Program Itemized Budget Vehicles (youth bus) (lease, insurance, gas & maintenance) Training, workshops, and conferences Total CDBG Budget $11,700 1,000 600 1,500 200 $15,000 //;'/('7 Exhibit B EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 ,I' TO: Housing Department Staff and Interested Persons Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) FROM: SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEG 0 Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41.300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 \ .-' /<~---:--:?~ /;..-::~,-' " "..~,\ 1/" ~ \0 , /~. "'.\ ,If . JUN 1992 ~;, \ ::;1 c.;,/ :c.! " ,,0 " ~u" SL;~i..~\' Received C(lmmunity Development Department Don Crow (916) 323-3175 FAX (916) 323-6625 \ r: ,. \'0 ,,-.::,,. \.....p \-/~ ,.c-..' It MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Co. !;gnado. Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach. La Mesa, Lemon Grove. National City, Oceanside, Poway, San Di~o,San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California DepartmenFbf Transportation. U.S. Department of Defense and Tijuana/Baja California. J0K- J{! RESOLUTION NO. 1(."..,~1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANO YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Counci 1 does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of origi 1 Resolutions said City; and shall make a minute of the passa e and ad t on hereof in the minutes of the meeting at which the same is s d an ad p ed. "y.y Presented by Bruce M. Boogaard City Attorney ) ~~~ Chris Salomone Community Development Director WPC 4976K/4977K I bL -) I J' L -2,. .'. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METROPOLITAN SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and YMCA of Hd.epelitaR San Diego County, a non-profit organization ("Grantee"), and is made with reference to the following facts: BI~lI1H.~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng th.ose certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of this agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- J~l' J ~, ,- 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and BudQet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the South Bay Family YMCA Summer Day Camp. The City shall compensate Grantee for said services up to a maximum amount not to exceed $6,000 (Six Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and sha 11 not i ncl ude any anti ci pated costs. Grantee shall attach documentat i on, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemi zed accounting of the expenditures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethni ci ty accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. AssiQnment. The services of YMCA of Metropolitan San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- kf;;1( / de? 1 -.J-/ ~ ., .. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud it of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee, 10. Uniform Administrative Reauirements. The Grantee shall comply with the app 1 i cabl e uniform admi ni strat i ve requi rements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other ProQram Reaui rements. The Grantee shall carry out each act i vi ty specifi ed under thi s agreement wi th all Federal laws and regul at ions described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. AccountinQ Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. ProQram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for ReliQious OrQanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- / J,j-S , . 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, .renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut i 1 i zes any other funds for any of the aforement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic . 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provi de, pri or to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole neg1 igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng aga i nst such c1 aims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /61-c; " . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts recei vab 1 e attri butabl e to the use of CDBG funds, i ncl udi ng any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA OF METR9P9lITAN SAN DIEGO COUNTY BY, /.LJrf/.at;LLr r'p-,h ~ Exhibit List Exhi bit A. Exhibit B. Exhibit C. Exhi bit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chul a Vi sta Party Di scl osure Statement NOT SCANNED WPC 4974H/4975H -5- /~l- ? Exhibit A SOUTH BA Y FAMILY YMCA Summer Day Camp Statement of Work and Performance Schedule The YMCA Summer Day Camp provides a safe, supportive, stimulating, age appropriate program for all campers. No child shali be discriminated against because of race, sex, color, nationality, age or handicap. Each child will be treated equally. There will be no physical segregation nor any discrimination against any child. Children served will primarily be those who need all day superVIsIOn while parents are working or attending school. The YMCA Day Camp is designed to serve boys and girls entering kindergarten through 8th grade. We also have a Counselor-In-Training program for youths entering 9th through 12th grades which provides training and develops leadership skills. CDBG funds will be used to provide Summer Day Camp services Monday through Friday, 6:30 a.m. to 6:00 p.m. to low income families residing in the community. Funds will be used for supplies and equipment such as books, games, craft supplies, sports equipment, first aid supplies, science projects, and nutritional snacks; as well as educational and fun field trips, staff wages, benefits and insurance, and other necessary operational costs. Summer Day Camp begins June 18, 1992 and continues through the entire summer break. Camp ends on September 11, 1992. )J;L -/5 Salaries & Benefits Equipment & Supplies Activities/Field Trips Tran s portation South Bay Family YMCA Summer Day Camp Total CDBG Budget Itemized Budget $1,000 1,500 2,500 1,000 $6,000 Jt'L - / Exhibit B EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: income LimIts Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 --~'~- <~.',' , . >:j~ .. - .'. T- \---\ \.r~: \ , JUfl1992 ~:\ Don Crow (916) 323-3175 FAX (916) 323-6625 ,. i \~~, Received C(lmmunity Development Department (.. 1 \':" .....;! C:.! 'c / "'I ,0/ Vi ""v" . ~j~:;/\..~" .~ MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Cor,9nado. Del Mar, El Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos. Santee. Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation. U.S. Department of Defense and Tijuana/Baja California. / i-,L -/0 RESOLUTION NO. ] I.,,"n;l... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services requ i red of Grantee with in the time frames here in prov i ded all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and ad tion hereof in the minutes of the meeting at which the same is passed and aped. Presented by ~~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H IbM.-(JII,H~L ~ ,~ AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METlWPOLHA#- SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporation of the State of California, and YMCA of Met."opolitan San Diego County, a non-profit organi zat ion ("Grantee"), and is made with reference to the following facts: RLC.lI81.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefit low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of th is agreement sha 11 be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- , , .--, II/\/J,-( /{j/f / -.../ , , 3. Low Income Reouirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budoet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Human Services Council Resource Development. The City shall compensate Grantee for said services up to a maximum amount not to exceed $20,000 (Twenty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following recei pt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bi 11 s, payroll s, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assionment. The services of YMCA of Metropolitan San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- ) 0!j-1/ , , 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud it of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shaH represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee i n all matters perta i ni ng to the servi ces rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee~ 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sections of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ) ;j, ,"i /J/ r . 1 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, ,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut il i zes any other funds for any of the aforement ioned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agehts, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others 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 conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974K/4975K -4- // 1'/" & //' I .-- V'. . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA OF flClR8P8LlTAN SAN DIEGO COUNTY BY: ~.JtI~t/~~~t!../" , . r/zr/'f)./ Exhibit List Exhibit A. Exhibit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement~()Jr SCANNED WPC 4974H/4975H -5- / j,/') - 7 Exhibit A SOUTH BA Y FAMILY YMCA Human Services Council - Resource Development Statement of Work and Performance Schedule The goals of the Human Service Council are to provide a forum for all human service agencies operating in Chula Vista, to identify and define unmet needs in the community, to coordinate efforts of various agencies to address unmet needs, to advocate for Chula Vista to assure it receives its fair share of funding, to conduct special studies to keep City, County, United Way and other agencies informed on human service needs, to discuss opportunities to share information and resources, and to seek outside funding opportunities. The activities of the CVHSC have grown to such an extent that there is tremendous need for a resource development person to help coordinate and continue all current activity. CDBG funds will be used to allow the Chula Vista Human Services Council to hire an experienced staff person who is familiar with the needs in the South Bay to work in a resource development position. The person will report to the Human Services Council, specifically the Chair, Pamela Smith. The accounting and payroll for this position is provided by the South Bay Family YMCA. The CDBG funds will be used for a staff person to be hired for a period of one year beginning on July I, 1992 and ending June 30, 1993. The staff person will work an average of 20 hours per week. /617 -y Exhibit B South Bay Family YMCA Human Services Council - Resource Development Itemized Budget Salaries & Benefits $14,400 RentlUtilities In Kind Equipment & Supplies 2,600 Mileage 500 Printing 2,000 Training 500 Total CDBG Budget $20,000 / &,0 ~lj EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: Hun News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: /-::-~\ /'f',,:)r~r'." ...." ~ - /.',., 6. ,'. I(~:~ T "'.... lv' ~ If JUN 1992 ~, \ \ C:;, Received ~ ) \ ~, Ccomrnul1ity Development 0:' I '~r:" Department (~.' Q. 0' CC" ...~ ,<: f:'~ ",'" v, ,1; ("'Cl~'\.\';> '-........ v " MEMBER AGENCIES: Cities of CarISba~, Chula Vista, iftadO' Del Mar, EI cajon~n~n:.zE:!on~, Imperial Beach, La Mesa, Lemon Grove, National City10ceanside. Poway, SanD 0, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Departmen of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 E"xt..it,jT ~ ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1~92 Suite 800, First Interstate Plaza 401 B Street San Diego. California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJHCf: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: nl'2'3 29 302'" n('"]v I"" <{9';- ~ '~ r-?'; t~ 21. JUN 1992 .' ~ Received ~ Community Development c-\ Department ~ 0- 0- ,," ~t .elm S L v~ ,,\" i." )~/i//// . MEMBER AGENCIES: Cities of Carlsbad; Chula Vista; Coronadot,Del Mar.'_EI Cajon, Encinitas, Escondida. Imperial Beach; La Mesa, Lemon Grove. National City, Oceanside. Poway, San Diego,:San Marcos, Santee. Solana-.Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defen!':F! l'Inrl Tiilll'lnl'l/R:o:i:o: 1:::>lif.-v....i::> Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, Le., contractor, subcontractor, fuaterial supplier. Lutheran Social Services of Sou~hern California, Board of Directors 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership_ -None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the Cit'j staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Judith Johnson, Director of Emergency Services 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s ): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, tmst, receiver, syndicate, this and any other county, city and country, city, municipality, distn-ct or other political subdi\1ision, or allY other group or combination acting as a unit." lte: July 22, 1992 ~ON~ L Sigri'ature of c.;-htractor / applicant J~/l/ -/d- (NOTE: Attach additional pages as necessary) [C\ WPS1\COUNClL \DlSCLOSE.TXT] Gary L. Wheeler, CEO Print or type name of contractor/applicant [Rcv;scdc 11/30/901 4 Number of Scheduled Board Meetings/Year *PLEASE IDENTIFY OFFICERS* NAt1E FORM I BOARD OF uIRECTORS (Roster) GENDER ETHNICITY Borgny Baird I. C;\;en Bergh Ronuld Carlson John Donovan Kenne th Eggers Janice Harmon Theodore Hartman Gary Hunstad Nancy Jackson Sheila James ~ ~Andrew Jensen " \ '- (~patrick Jow Donald Lazerus p Caucasian F Caucasian M Caucasian M Caucasian M Caucasian F African Al1ll2r M Caucasian M Cap.casian F Caucasian F Caucasian M Caucasian M Asian M Caucasian CERTIFICATION APPLICATION FORMS\ROSTER.FTL TERM EXPIRES Page One of Two Date of Annual Board, Meeting PROFESSIONAL TITLE BUSINESS NAME;' ADDRESS/ PHONE Attorney (Ret) (Horne) 4221 Chestnut, Long Beach, CA 90807 (:JI0) 427-9622 Homemaker 3040 Cimarron Road; Riverside, CA 92506 (714) 684-7973 Bank Presiden Scripps Bank; 7817 Ivanhoe; La Jolla, CA 92037: (619) 456-2265 Business Owne R & R Auto Electrie: 12402 Industrial Blvd. Building E, Suite 8, Victorville, CA 92392 (619) 243-4969 Pastor King of Glory Lutheran Church; 2500 Borchard Blvd., Newbury Park, CA 91320 (805) 498-4912 Business Owne Harmon & Son Tire Center, Inc.; 1049 W. Martin Luther King Jr., Blvd; Los Angeles, CA 90037; (213) 731-06i5 Pastor St. John Lutheran Church; 912 New Stine Rd; Bakersfield, CA 93309; (805) 834-1412 Pastor Christ Lutheran Church; 9761 Cass Street; San Diego, CA 92109; (619) 483-2300 Nurse Children's Hospital;4650 Sunset Blvd.; Los Angeles, CA 90027; (213) 660-2450 Educator Garden Grove Unified School District; 10331 Stanford Ave., Garden Grove, CA 92640 (714) 663-6155 Pastor E~nanuel Lutheran Ministries; 6020 N.. Radford Ave., North Hollywood, CA 91606: (818) 761-6124 Pastor Emmaus Lutheran Church; 840 Almansor St.; Alhambra, CA 91801 (818) 289-3664 Business Ownel Serve Underwriters; 4500 Via Marina; Morina Del Rey, CA 90292; (310) 821-8989 ., 4 Number of Scheduled Soard Meetings/Year BOARD OF uIRECTORS (Roster) <PLEASE IDENTIFY OFFICERS* NAEE TERM EXPIRES PROFESSIONAL TITLE GENDER ETHNICITY I g'iYlllond LeBfimc c' M African Amer Pastor M Caucasian Executive (Ret F Hispanic At torney /Home- maker M African Arner Banker M Caucasian Bishop M Caucasian President, LCMS District M Caucasian Bishop F Caucasian President, LSS M CaucGsi<J!l CEO, LSS V. V. flotley ~lel i.:i sa Salomon Arthur Tomlinson J. Roger Anderson Ex-O f ficio Lor~n T. Kramer Ex-Of ficio Robert L, Miller Ex-Officio Diane E. Nissen i Ex-Officio Cury L. \fueeler Ex-Officio i ~ , ~ , ~ I. ". i ~ , ~ , ;;SETIFICA'l'ION APPLICA'l'ION FORMS\ROSTER. FTL FORM I. Page Two of Two Date of Annual Board Meeting BUSINESS NAME~ ADDRESS/ PHONE First Lutheran Church, 19707 S. Central, Carson, CA 90746; (310) 631-6189 (Home) 2221 Canyon Road, Arcadia, CA 91006; (818) 355-6950 (Home) 4370 Troost Ave., #106, Studio City, CA 91604; (818) 508-7725 Bank of California; 21550 Oxnard St., #250: I/oodland Hills, CA 91367; (818) 592-0097 Southern California(West) Synod; 1340 S. Bonnie Brae St., Los Angeles, CA 90006; (213) 387-8183 P~cific Southwest District; 1530 Concordia, Irvine, CA 92715; (714) 854-3232 Pacifica Synod; 23655 Via Del Rio, Suite B, Yorba Linda, CA 92686; (714) 970-2791 Lutheran Social Services of Southern Cal.; 5015 Eagle Rock Blvd., #204, Los Angeles, C^ ~0041; (213) 254-3911 Lutheran Social Services of Southern Cal.; 5015 Eagle Rock Blvd" #204, Los Angeles, C^ 90041; (213) 254-3911 .~ RESOLUTION NO. 11..1 P.2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chu1a Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and ob1 igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092- _, a copy of which is on file in the office of the City C1 erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chu1a Vista to execute said contract for and on behalf of the City of Chu1a Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. this Resolution; and adopt i on of eso1utions said hereof in the Presented by ..P ~~ Chris Salomone Community Development Director ruce M. Boogaard City Attorney WPC 4976H/4977H 11.J.J-I!U,N-1. " ~ AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the reference only, and effective as of the date last executed parties, between the City oL Chula Vista ("City") herein, corporation of the State of California, and Lutheran Social Southern Cali forni a, a non-profit organization ("Grantee"), and reference to the following facts: purposes of between the a municipal Services of is made with R'!;'~lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefi t low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of thi s agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- / ;; /!/- .J .. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriat-ed funds to meet bona fide obl igations incurred for the Project Hand Emergency Assistance Center,. The City shall compensate Grantee for said services up to a maximum amount not to exceed $14,000 (Fourteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following recei pt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and sha 11 not i ncl ude any ant ici pated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households recei vi ng each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethni city accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services Southern Cal ifornia are personal to that this agreement may not, by subagreement, without prior written consent of the City. of Lutheran organization. be ass i gned Social Services of The Performance of to any other ent i ty ~PC 4974H/4975H -2- / & /l// L/ ~. 8. Financial Records and Audits. The Grantee shall maintain all fi nanci a 1 records for three years fo 11 owi ng the term of thi s agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the' agreement and shall administer this agreement on behalf of the City. The Director of Lutheran Social Services of Southern California, or his/her designated representative, shall represent the Grantee in all matters perta i ni ng to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee., 10. Uniform Administrative Reauirements. The Grantee shall comply with the app1 icab1e uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uniform Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each act i vity speci fi ed under thi s agreement with all Federal 1 aws and regu1 ati ons described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMS Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Re1iaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /J}/1J -s 15. DruQ-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, . renewal , amendment, or mod i fi cat i on of any Federa 1 contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement ioned purposes, then the Grantee shall compl ete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i ci es whi ch th is Agreement requi res to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the servi ces requi red under thi s agreement the foll owi ng cert i ficates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without 1 imitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. IIPC 4974H/4975H -4- / (p /I/--? .. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed th i s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SERVICES OF BY: C€Q Exhibit List Exhibit A. Exhi bit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOTSCANNED City of Chula Vista Party Disclosure StatementNOTS""AN \... [NED ~PC 4974H/4975H -5- //;/1/- 7 EXHIBIT A C~ty ofChula Vista 1992-93 Community Development Block Grant Statement of Work for Lutheran Social Services. Project Hand The staff and volunteers at Project Hand provide basic needs to individual clients and families lacking the resources to secure these goods without assistance. I-Basic needs" include shelter, food, infant formula, diapers, clothing, prescriptions, utilities and rent. Virtually all of our clients fall in the very low income catagory according HUD guidelines. The linchpin of our program is casework. All the material support we provide our clients is given in the context of a casework relationship where we, along with the client/s, develop a caseplan. Here we assess the problem, set out a plan of action and define a realistic timeline. A successful caseplan should result in more longterm stability and a greater degree of self- sufficiency for the client. The staff at Project Hand includes one fulltime caseworker at the site and a program director who divides time between two center's.. Appt~a}~imately ten volunteer"s suppat-t aut"" wor"'k in a variety of ways from screening clients to maintaining food supplies. These funds will be used to support our oasic emergency assistance program but especially for the agency's work with the Interfaith Shelter Network IISNI. Project Hand staff provide all the screening and casework for clients staying in the South Bay b"anch of the ISN, as well as SUppot't fot' the volunteer' cong,'ega- tions operating the shelter. This shelter houses approximately 12 guests and is located at a church for a two week period, then moves on to the next church on a rotational schedule. Each guest can stay for as long as six weeks. The I.S.N. program was open fot' 16 weeks during the wintet' of 1990-91. This is the only emergency shelter open in South Bay at this time. /t~/]//~ Exhibit A City of Chula Vista 1991-92 Community Development Block Grant Performance Schedule for Lutheran Social Services, Project Hand The numbers of clients interviewed and served and the services provided to clients should aggregate as follows. monthly 9ua,'ter 1 Y annually Inter'views Unduplicated clients 200 450 600 1,350 2,400 5,400 Services provided and numbers of clients Food 400 Shelter 35 Clothing 45 Transportation 65 1,200 105 135 195 4,800 420 540 780 We provide a range of other resources to clients as needed but on a less regular basis. These include hygiene items, prescriptions, infant care items, blankets, and utility bill and rent assistance. ) t,/./ /( Exhibit B LUTHERAN SOCIAL SERVICES, PROJECT HAND PROGRAM BUDGET 1992 Expenses Salaries 1.5 FTEs 1. 5 FTEs Bene-fits Rent Utilities Maintenance & trash Telephone Copier - maintenance Printing O-f-fice supplies & postage Insur"'ance Tt'avel Pt'ogram grant (-fa" client -food, in-fant Administrative -fees (10%) Total Revenues Th,'i -ft Shop National Chw'ch Local Congregations Individual gi-fts Fund r'ai ser's Food -for All MAZON CECa Misc. group gi-fts City o-f Chula Vista CDBG Total $32,167 7,431 o o 600 720 180 500 500 276 600 services including needs, trans, etc.) 6,000 4,897 $53,871 $ 6,371 2.,500 9,000 2,500 10.,000 2,500 2,000 2,500 2,500 14,000 $53,871 / t It! - / {J RESOLUTION NO. 1(..1~4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ADULT PROTECTIVE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement setting out the terms and ob 1 i gat ions for the expend i ture of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Counc il does hereby approve the Agreement known as Document Number C092- _, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of orig'nal Resolutions said City; and shall make a minute of the pass and a p ion hereof in the minutes of the meeting at which the same is R sse an a op ed. Presented by ~~ Chris Salomone Community Development Director WPC 4976H/4977H lIcO-J//Io(J...2- AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF ADULT PROTECTIVE SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Adult Protective Services, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: RL~lIA1~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefit low and moderate- income Chula Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of thi s agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /t,f)/] t 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasanable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the South Bay Adult Health Care Center. The City shall compensate Grantee for said services up to a maximum amount not to exceed $9,000 (Nine Thousand Dollars). An itemi zed budget for said expenses is in Exhi bi t B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households recei vi ng each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Adult Protective Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- / tb {J -f r \ 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud i t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Adult Protective Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng exceptions: a} The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b} The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /60-'> < 15. Druo-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offici a1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall comp1 ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under pub1 i c 1 i abil ity and property damage insurance pol ici es which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the Ci ty : a) Statutory Worker's Compensat ion coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general pub1 i c ("cross-l i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole neg1 igence or sol e willful conduct of the Ci ty, its offi cers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng against such cl aims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /6!J ~~o 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Cl erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney ADULT PROTECTIVE SERVICES BY: ~.&~f~ 7r?l/~ Exhibit List Exhi bit A. Exhi bit B. Exhibit C. Exhi bit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure StatementN()l'SCA~n.T .~'j,ED WPC 4974H/4975H -5- It:tJ// EXHIBIT A Adult Protective Services, Inc. A private, non-profit agency providing services to seniors in San Diego County. 2840 Adams Avenue, San Diego, California 92116 (619) 283-5731 Statement of Work and Performance Schedule The Community Development Block Grant funds will be used to provide disabled elderly Chula Vista residents transportation to the South Bay Adult Day Health Care Center. Adult Protective Services, Inc. will furnish the Community Development Department of the City of Chula Vista with quarterly reports on the characteristics of the persons served - number, gender, ethnicity and whether of low or lower income as defined for the San Diego Metropolitan Area. 100% will be disabled, over 60, residents of Chula Vista and within the HUD income guidelines. The program serves 85 persons at anyone time who are eligible for this assistance. However, the reports will be made on the actual numbers of people served by the CDBG Grant funds. The $9,000 will be used to purchase approximately 666 trips per month from Handy Trans. It is the objective of this program to restore as many disabled elderly as possible to an increased level of self-care so as to avoid both nursing home placement and the breakdown of home caregivers. J(pO-?J/ EXHIBIT B SOUTH BAY ADULT DAY HEALTH CARE CENTER BUDGETED EXPENSES AND REVENUE FISCAL YEAR 92 - 93 REVENUES FY 92-93 Total Program Revenue 454,327 35,000 38,000 9,000 713 537,040 Medi-Cal Fees V.A. Participant's Fees & Donations CDBG - City of Chula Vista Other Income EXPENSES Wages & Salaries Payroll Taxes & Fringe Consulting & Contracts Purchased Services Space Costs Consumable Supplies Transportation Cost Nutrition Other Costs 294,964 88,510 26,466 7,316 36,639 9,250 40,773 26,219 6,903 Total Expenses 537,040 / tV-7 EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 B SAN DIEGO Very low income 14500 16550 lB650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29BOO 33100 35750 3B400 41050 43700 Median income 29000 33100 37250 41400 44700 4BOOO 51350 54650 Moderate income 34BOO 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: ~1?3 29 30 '00., nro'2r ~ 1..:.1, l " II. ;> c(? T '" ~. .....,': ". JUN 1992 ~, c.. \". Received " ~ Community Development 0; ~<'-e Department "if ,-"'.[>- ,," "../. r\,'(; <-,. [J;L SL V\.. v //PO-/O MEMBER AGENCIES: Cities of Carlsbad,. Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach. La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 , , . , THE CITY OF CHULA VISTA PARIY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters vhich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. Adult Protective Services, Inc. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . ':'Monell 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. "See attach~d list" 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Malachy J. Murphy Ann Day-Bardach Executive Director Assistant Administrator 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No --'L If yes, state which Councilmember( s): Person is defmed as: "Any indivi~ ftnn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, OT any otlter group or combination acting as a unit." (NOTE: Attach additional pages as necessary) f'I'lte: 7-21-92 lttoPijf/9' 'Mur;$ Signature contractor7a licant [C:\ WP51\COUNCIL\DlSCLOSE.TXT) Malachy J. Murphy Print or type name of contractor/applicant / Iv 0 / / / [Revised 11/30/90] t MEMBERS OF THE BOARD OF DIRECTORS OF ADULT PROTECTIVE SERVICES, INC. Guy Deeks, President 8825 Jonas Court San Diego, CA 92123 292-1422 Susan La Flam San Diego Gas & Electric P.O. Box 1831 San Diego, CA 92112 696-4322 (Work) 420-9589 (Home) Lloyd Plummer 9141 Golondrina Drive La Mesa, CA 91941 462-9141 Marie Hood, Vice President 2834 Adams Avenue San Diego, CA 92116 281-8035 Evelyn Herrmann 3863 Aragon Drive San Diego, CA 92115 582-0528 Arthur Price, ADM 900 Alameda Avenue Coronado, CA 92118 435-2358 Pamela Jo Craig, Assistant Secretary 373 East James Ct. Chula Vista, CA 91910 427-4020 (Home) 475-6244 (Work) Georgette Schell 13490 Route 8 Business Space 126 Lakeside, CA 92040 561-3816 Thomas A. Shumaker, Treasurer 904 Rosecrans San Diego, CA 92106 223-8825 Faustina Solis 8428 Encino Avenue San Diego, CA 92123 534-4004 (Work) 278-3722 (Home) Muriel Pardee Baze P.O. Box 8892 Rancho Sante Fe, CA 92067 756-3443 Charles Bell, PhD 4305 Gesner San Diego, CA 92117 275-5324 Seth Torres American Assoc. for Retired People 4201 Long Beach Blvd. Long Beach, CA 90807 (310) 427-9611 (Work) (619) 222-3741 (Home) Rev. A. Paul Veenstra Chula Vista Community Church 271 East 'J' Street Chula Vista, CA 91910 422-7850 M. L. Dickson 3141 Courser Avenue San Diego, CA 92117 273-4655 Billy Frank 8775 Aero Drive, Ste 238 San Diego, CA 92123~1756 565-1392 Dorothy Yonemitsu 2431 Alto Cerro Circle San Diego, CA 92109 273-3576 Anita Harbert San Diego State University San Diego, CA 92182 594-6310 Technical Advisor J. T. Jennings, M.D. 11330-4 Camino Playa Cancun San Diego, CA 92124 279-3644 APS: 2/92 /b{))~ RESOLUTION NO. )1c18~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND SENIOR ADULT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION 1. The Ci ty Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of orig' 1 Resolutions said City; and shall make a minute of the pass and ad p ion hereof in the minutes of the meeting at which the same is as d and a op d. Presented by tL~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H l~p-II ,,'-2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SENIOR ADULT SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Senior Adult Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: BI.c.lI8.!..s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 3D, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /1t;;7 } 3. Low Income Reouirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budoet. The Grantee agrees to expend Ci ty-appropri ated funds to meet bona fide obl i gat ions incurred for the Meal s on Wheels. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,500 (Five Thousand, Five Hundred Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payroll s, etc. as shall provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provi de the Ci ty with a quarterly report, submi tted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assionment. to that organization. subagreement, be assigned the City. The services of Senior Adult Services are personal The Performance of this agreement may not, by to any other entity without prior written consent of WPC 4974H/4975H -2- / & r- if 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of Senior Adult Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organi zat ions. " The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make add it i ona 1 re i mbursements to the Grantee. I f said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. ~PC 4974H/4975H -3- , ...--) /,,/ / (O l' -/:) 15. Druo-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modi fi cat i on of any Federa 1 contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the a forement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i ci es which thi s Agreement requi res to be demonstrated in the form of a cert i ficate of insurance. Grantee wi 11 provide, prior to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $I, 000, 000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /& f7 ? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SENIOR ADULT SERVICES BY: Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhi bit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chul a Vi sta Party Di scl osure Statement NOT SCAl\fl'Hi:D WPC 4974H/4975H -5- J ~ j?- ? EXHIBIT A MEALS-ON-WHEELS STATEMENT OF WORK AND PERFORMANCE SCHEDULE 1. Statement of Work Meals on Wheels will deliver two nutritious meals per day, five days a week (Monday-Friday) to qualified senior and disabled residents of the city of Chula vista. Deliveries of a hot lunch and cold supper are made simultaneously, between 11:30 a.m. and 1:30 p.m. Special diets (e.g. low sodium or diabetic) are provided if required. Approximately 850 residents will be served by the program and about 46,000 meals will be delivered during the term of this contract. 2. Performance Schedule The meal preparation and delivery program will be provided on a continuous basis, 5 days a week, 12 months year. Meals are delivered on legal holidays which fall on weekdays. EXHIBIT B MEALS-ON-WHEELS PROGRAM BUDGET The $5,500 CDBG grant will be used for Food and Packaging. The total annual budget for the Chula vista area program is $251,000. 1/ 1.7- 0/ /0/ d AUG-21-1992 08:43AM AUG-20-92 THU 14:50 FROM PUBLl C POSTAL SHOP i CO~J1UN I TY DEVELOPMENT TO FAX NO. 6i94765310 4765310 P.02 P.02 TIlE CITY OF CHULA mTA 1'AR!lY DISCLOSURE SI'A1F.MENT . Statem.ent of disclosure of certain ownenhip interests, ~ymenlS, or campaign contril7ntiOn.<;,. on all matters which will require discretIonary action on the part of ~~ Ci'Y CounCIl, J?lanninB COmmf<<ion, and all other official bodies. The fOllowing information must be diSclosed: 1. . List the names of all persons having a financiaI intece.~t in the contIact, ie., contractor, subcontractor, material supplier. /V/? . 2. If any ~lS0D identified pursuant to (1) abovo is a corporation or p:L.1nershlp, list the name:; of all individual! ownIng more than 10% of .the shatys in the cotpocation or owning any partnership interest In the partnership. I Af1 "... . .-' . ".,. :'_: " I"'!"; '-. [) , I 3, If any person identified pursuant to (1) above is on-profit organiza!i.9Il or a tro.st.list the names of any person serving as director of Ille non-p fit org-dllization or as trustee or beneficiary or ~tor of the lnlSt. ,;VAt 4. ' Have you had more than $250 woIth of business transacted with aIJY member of tile City staff, Boar~mmissions, Committees and Council ~thin the past twelve months? Yes_ No _ If yes,'please indicate person(s): I S. Please identify each and eveI}' person, including any agclltS, employees, consultants or independent contra,c;lors who yo~?hllve llSsigne(!to represent you before the City in this matter. f(~~<-y .6t;~/~"" cv Ply. , :rr /(/(4 do k- b ~c-J,;~h" I;:J~;.... ~c...2;V 6. Have you and/or your officers or agenlS, fn the 'aggregate, contributed m~ $1,000 to II COWlcllmember in the current or pre<:ediDgelectionperiod? Yes _ No _ If yes. state which Counclhnember(s): .la2n b dclined as~ "A1I)I fNlMdl/fl' ftmt. CO-~lp.iOi1tL....uo,o; ~ 8Oti4l ~/ltlwmfl/ ~ COTp01YllfcI~ mme, trust, mceiwr, ~cllU, 1"11 flIId "'\Y (1/l.er ~ cIfy and Gou1lf1J', d!JllllUnicq.a1i(p, tliJI1ia Dr 0Iher poJ'diazl S11l1dMdoll, or <l"Y otlleF group OF conrbbuuJOII <lctir,g (/1 if unil.. . . (NOTE: Atl<\ch addiliollal pagetl as lleCC05llrj) Dat,}: 1/~ ~/ '7 ~ . tJ [0\ 'Y<?lI\COt:NCL!.WISctOSll.T.G'J Si ttlre Of Ct')rJtractor/ap~' ~ l/n e-e./o ,,..J [<=-W;aV' ~# ./t:-rll"l-~; ~ (,Jlc&6 ) Print or type name of contractor/applicant . f~:11I'ti1.ft'xi1 / i<'V 7 ,I , , l' ~r It, ,J , ;1 AUG-21-1992 09:44AM FROM PUBLIC POSTAL SHOP TO SEN10R AJ:IIJILr SERVICES, Il'fC. BOllJW OF n<u5~ , Co~leen Ahern . Daralyn Baddour Clara Baity Jeanne Brace Fred Crawford George Davis E. Douglas Dawson Ruth DeLaune Bertha Edington Albert Gabbs ". 'virqinia 'Hagerman Gri:!:!ith HayeEl John Hermann Arthur Herzman Nancy Kronemyer Amy Krulalc Joy Ledford Richard Ledfm:d Evangeline Losoya Margo Mizeur Marvin J. l!tizeur' Robert Murphy George E. Ollllstead ROEll> panner Margaret Pe5hel priscilla Simms Lydia Stewart Helen stokes Mary Katherine stone Rebecca Wood 1/ ~ //'J /I.{;// /v 4765310 P.03 TOTAL P.03 RESOLUTION NO. Ib1~t" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOBS FOR YOUTH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the. Agreement known as Document Number C092-_, a copy of which is on file, in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passage and adop' hereof in the minutes of the meeting at which the same is p d and adop ed. A, ro '" t JJ Presented by ~~~~_a ~ Chris alomone Community Development Director Bruce M. Boogaar City Attorney WPC 4976H/4977H lbf4;-1 /II,Q-t , . AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF JOBS FOR YOUTH IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Jobs for Youth, a non-profit organization ("Grantee"), and is made with reference to the following facts: RI~lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and . WHEREAS, HUD requi res the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: I. Term of Aqreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. WPC 4974"/4975" -1- 1&/t?~3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Temporary Employment Service., The City shall compensate Grantee for said services up to a maximum amount not to exceed $3,100 (Three Thousand, One Hundred Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred duri ng the peri od specifi ed on said form, and shall not i ncl ude any anti ci pated costs. Grantee shall attach documentat ion, such as recei pts, bi 11 s, payro 11 s, etc. as sha 11 provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee sha 11 provi de the Ci ty with a quarterly report, submitted no 1 ater than 40 days after the last day of the previ ous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Jobs for Youth are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /0 f-I 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Jobs for Youth, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Admi ni strat i ve Reoui rements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uniform Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proqram Reoui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng except ions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountinq Procedure. The Grantee agrees to abide by the requirements of OMB Circul ar A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proqram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activiti~s. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ) 0 0/ - ~S' 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci al s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modificat i on of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abil ity and property damage insurance pol i ci es whi ch this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provi de, pri or to the commencement of the servi ces requi red under thi s agreement the foll owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensation coverage plus $I, 000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and ekpense iincluding without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng aga i nst such cl aims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974"/4975" -4- /0tp -~ 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of COBG funds, including any program income derived from COBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Cl erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney JOBS FOR YOUTH BY: Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUO Income Limits (Revi sed May 1992) NOT SCA1\;~.JED City of Chula Vista Party Oisclosure StatementNO'~Q 1: ""CA1VI\'EJ) WPC 4974H/4975H -5- /6!(J-7 - I ,-- i EXHIBIT A E)f.HIB~T R Jobs for Yo~th 'I' Statement of Work and Schedule I. statement of Work Jobs for Youth will assist local youth, ages 14-22, to find temporary employment. We will intake employment opportunities from local businesses, churches, and households and match them to youth who are looking for temporary work assignments. We will also assist the youth to prepare for job interviews. The program will serve 1,000 youth from low and moderate income households. 2. Schedule for Implementation Jobs for Youth will operate Monday, Wednesday, and Friday form 10 A.M. to 4 P.M. at Lauderbach Community Center, 333 Oxford st., Chula Vista. during the term of this contract. Budqet Salaries/Benefits Rent/utilities Equipment/supplies Other Expenses $ 2,400.00 285.50 299.50 115.00 Total $ 3,100.00 Jtt?-~ EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350- 24000 25650 27300 Area median: $41.300 lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: 0/;5,il:''?''~20:'',,, I{~; fro JUN 1992 i ~j Received \ ~" Ccmmumty Development ~ Qepartment '8, C' C}- " " c""" ,," _ / h!( _ / / . '::-:('19LV~'[,\''L. MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego. San Marcos, Santee. Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CI1Y OF CHULA VISTA P AR1Y DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters -'1hicb will require discretionary action on tbe part of the City Council, Planning Commission, and all other Jfficial bodies. The following information must be disclosed: 1. List the names of ail persons having a financial interest ill the contract, Le., contractor, subcontractorl. material supplier. Jobs For Iouth 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. - None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Nora Sears .Tl1nf:) Rri l1PR Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No -X- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Nora Sears - Director June Brines - Treasuer E~eanor Scarvo - Volunteer 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmemberin the current or preceding election period? Yes _ No ~ If yes, state which Coiillcilmember( s): Person is dermed as: "Any individua4 finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trus~ receiver; syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: -n ;( 1; } 19 J- ~ l' t7J _~~J Signature of contractor/applicant [Co\ WPSI\COUNCIL\DISCLOSE.TXT] Nora Sears" Director Print or type name of contractor/applicant / 011 - / / [Revised 1I/30/90J RESOLUTION NO. Jla1&-i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passa and adop 1 n hereof in the minutes of the meeting at which the same is p s d and ado te . A " d 'i bY..J) Presented by 0~~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H Il.,(<.-( 11,1-2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cill ifornia, and South Bay Community Services, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: RL~lI81..s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aareement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /b;f / J 3. low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the mast current HUD Income limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Casa Nuestra Youth Shelter. The City, shall compensate Grantee for said services up to a maximum amount not to exc'eed $15,000 (Fifteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od specifi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payro 11 s, etc. as sha 11 proYide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provi de the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previous quarter, which includes a brief narrative of the services provided and an itemi zed account i ng of the expendi tures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) (b) the total number of persons/households served; the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); race or ethn i city accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); number of female-headed households served. (e) (f) 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- 1~~-1 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City COBG funds. 9. R€oresentat i ves. The Community Development Di rector, or hi s/her des ignated representative, sha 11" represent the City i n all matters pertai ni ng to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the app 1 i cab1 e uniform admi ni strat i ve requi rements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles far Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from COBG funds shall be reported to the City and shall only be used by Grantee far the services funded under this agreement. All provisions of this agreement shall app 1 y ta the use of program income for said act i v it i eS. Said program income shall be substantially disbursed for said services before the City will make addi t i ona 1 reimbursements to the Grantee. I f said program i ncame is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a re1igiaus entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use af funds for re1igiaus activities, and places other restrictians and limitations on the Grantee. WPC 4974H/4975H -3- Jt/(- ~. /iC/ \ ~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee sha 11 not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification .of any Federal contract, grant, loan, or cooperative agreement. If Gra'ntee util izes any other funds for any of the aforement i oned purposes, then the Grantee sha 11 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, pri or to the commencement of the servi ces requi red under th is agreement the fo 11 owi ng cert ifi cates of insurance to the Ci ty : a) Statutory Worker's Compensat i on coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any pol icy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general publ ic ("cross-l iabil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others 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 conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD re9ulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /6 Jf'.. t/ 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this _ day of " 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES BY: Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- I/,/(- ? EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE PROVIDE CRISSIS INTERVENTION, COUNSELING AND REFERRAL SERVICES TO 300 VICTIMS AND PERKPETRATORS OVER THE 12 MONTH CONTRACT PERIOD. NETWORK WITH OTHER PROVIDERS OF DOMESTIC VIOLENCE SERVICES ESPECIALLY SHELTER PROVIDERS. EXHIBIT B BUDGET SALARIES/FRINGE 15,000 !&-I( 6' EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 'I' TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: /-~ /_.r", ,> "~ ,./;,.;:~';.:.' ..""':/.,~ /..' A -\ (r.,' T ,,:.. \ I~' G\ /" 92' \ /f' JUN 19 -;:,\ \ ~:;. Received ~ I \'-::-,_ Community Development ..c.:. / \;" . Department <..' I 0, "/ -, CJ ~C~ ...v ":- "'v""" , C I.....,i cz,\. , /~/f- J ".>> , MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, ,"candida, Imperial Beach, La Mesa, lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 'I' TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: 4..,.';::-::;~:':~ /r..r>;,. - '-I",~ ;::;::, + <\ /~/ '~:\ .-' ..\ {,. JUN 1992 'c! \ '~; Received ~ ! \;:. Community Development ~~_ / ~ Department '_' / 0, "j ~r. () .- ~~ ,C',' _. "'v" . /&5 _::_::SLt-~<'\, MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Eneinitas, Eseondido,~perial Beach, La Mesa, Lemon Grove. National City, Oceanside. Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 RESOLUTION NO. [l.."ii'f' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION J. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passa and adop i n hereof in the minutes of the meeting at which the same is sse and 0 e. Presented by WPC 4976H/4977H /IoS-I) I' S - 2- Bruce M. Boogaard City Attorney ~~ Chris Salomone Community Development Director AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of' Chula Vista ("City") herein, a municipal corporation of the State of Cal Hornia, and South Bay Community Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: BL(;lIA1~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- lie5---} 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred .for the Graffiti Eradication Program., The City shall compensate Grantee for said services up to a maximum amount not to exceed $33,600 (Thirty-three Thousand, Six Hundred Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the last day of the previous quarter, which i ncl udes a bri ef narrat i ve of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /?S 1 /~~.. ~.~ 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admini ster thi s agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." II. Other Prooram Reoui rements. The Grantee shall carry out each act i vi ty specifi ed under thi s agreement wi th all Federal 1 aws and regul at ions described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Prooram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3; h ~ - __,/ 15. Druo-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvino of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, -renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the a forement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil i ty and property damage insurance pol i ci es whi ch this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general publ i c ("cross-l i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- / /; s- (/;; .. . , 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES ~/7f~;~ Exhibit List Exhibit A. Exhi bit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) City of Chula Vista Party Disclosure NOT SCANNED Statement NT OT SCA.NNED WPC 4974H/4975H -5- / b 5- ? STATEMENT OF WORK AND PERFORMANCE SCHEDULE EXHIBIT A THE FOLLOWING WORK WILL BE PERFORMED OVER THE CONTRACT PERIOD 7/1/92 - 6/30/93 TOTAL NUMBER OF SITES TO BE ERADICTED: 600 PUBLIC 90 PRIVATE 260 UTI L ITY BOXES 250 NUMBER OF YOUTH REFERRED 150 TOAL HOURS OF COMMUNITY SERVICE 2,850 EXHIBIT B BUDGET SALARIES/BENEFITS 23,930 EQUIPMENT/SUPPLIES 7,738 MILEAGE 432 INSURANCE 1,500 JibS; ~ TOTAL 33,600 RESOLUTION NO. (618'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANO SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and a ption hereof in the minutes of the meeting at which the same is p ed and tl pted. Presented by A ro ed a, to orm by r()~~ ~ Chris ~alomone Bruce M. Boogaard Community Development Director City Attorney It., (-//16 r:.z. WPC 4976K/4977K AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporat i on of the State of Ca 1 Horni a, and South Bay Communi ty Servi ces, a non-profi t organi zat ion ("Grantee"), and is made with reference to the following facts: BlklI8.b~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefit low and moderate- income Chula Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desi rous of havi ng those certain servi ces for the benefit of low income households, hereinafter enumerated; performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igat ions for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /~I- 3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred -for the Domestic Violence Intervention ,Team. The City shall compensate Grantee for said services up to a maximum amount not to exceed $15,000 (Fifteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payroll s, etc. as shall provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, whi ch i ncl udes a bri ef narrat i ye of the servi ces provi ded and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /~;;y 8. Financial Records and Audits. The Grantee shall maintain all financial records -for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud i t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Prooram Reouirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng except ions: a) The Grantee does not assume envi ronmenta 1 responsi bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Prooram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /t://~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection wi th the awardi ng of any Federal contract, the maki ng of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut il i zes any other funds for any of the aforement ioned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i cies whi ch thi s Agreement requi res to be demonstrated in the form of a cert ifi cate of insurance. Grantee will provide, pri or to the commencement of the servi ces requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and whi ch treats the employees of the City in the same manner as members of the general publ ic ("cross-l i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others 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 conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /~ I~ 4, 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program in~ome derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chul a Vista Party Di scl osure Statement NOTS CANNED ~PC 4974H/4975H -5- /{;, r~ 7 EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE THE FOLLOWING SERVICES WILL BE PROVIDED OVER THE 12 MONTH CONTRACT PERIOD 7/1/92 - 6/30/93 SHELTER FOR 60 YOUTH CRISIS INTERVENTION FOR 600 RUNAWAY AND HOMELESS YOUTH REUNIFICATION AND STABILIZATION OF 200 FAMILIES ILS SERVICES FOR 50 YOUTH AIDS AND DRUG PREVENTION EDUCATION TO 400 YOUTH. EXHIBIT B BUDGET SALARIES/BENEFITS 15,000 ~~~ EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego. California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUn News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: ~i,:3 2~:';O '"} 0,- 01 /:::5')V .. ";~. . ~\t 'l' \..) - t.'~ / r:~" .t::- Iro JUM 1992 ~~) lS\ Received " \ ~, Commumty Development 0; ~ Department Co .~ d D " ,c..... ,\.i .......C? -tv . <~:Z8L9L1i\.rt,\." . )? ;- 9 MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado, Del Mar, EI Cajon, Encinit8s, Escondido, Imperial Beach, La Mesa, Lemon Grove. National City, Oceanside. Poway, San Diego. San Marcos, Santee. Solana Beach. Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 .'/ RESOLUTION NO. II.-'(CfD RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obl igat ions for the expendi ture of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and a 0 tion hereof in the minutes of the meeting at which the same is sed.:1d 0 ted. Presented by p ved J1 to ~ <;.~ Chris Salomone Community Development Director Bruce M. Boogaar City Attorney WPC 4976H/4977H Il"tL ..1//' ".. 2. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporat ion of. the State of Cali forni a, and South Bay Conununity Services, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: jH~lI81.s. WHEREAS, the City participates in the Conununity Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefi t low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are eXJlerienced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of th i s agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bi t A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- )611-) 3. Low Income Reauirement. The services to be performed by Grantee shall be proviqed primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred .for the Community Development Program., The Ci ty shall compensate Grantee for said services up to. a maximum amount not to exceed $48,000 (Forty-eight Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no later than 40 days after the 1 ast day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/househoids served; (b) the number of persons/households recei vi ng each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethni city accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /d-721-L/ 8. Financial Records and Audits. The Grantee shall maintain all financial recqrds for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, sha 11> represent the City in all matters pertaini ng to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Prooram Reoui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Prooram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee. for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- J&)!/-P 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall comp1 ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under pub1 ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services requi red under thi s agreement the fo 11 owi ng certifi cates of insurance to the City : a) Statutory Worker's Compensat ion coverage p1 us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general pub1 i c ("cross-1 i abil i ty coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers, and employees, from and against all claims for damages, liability, cost and expense (including without 1 imitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others 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 conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon' written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. IIPC 4974H/4975H -4- /tf;, 7-1- ~ 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program in~ome derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City C1 erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES Exhibit List Exhi bit A. Exhibit B. Exhi bit C. Exhibit O. Statement of Work and Performance Schedule ltemi zed Budget HUO Income Limits (Revised May 1992) City of Chula Vista Party Disclosure NOT SCANNED Statement N'OT "'CAN' .:1 TNED WPC 4974H/4975H -5- /::, 71-? EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE HOUSING Develop a transitional housing project Spring 1993 Open 3 bed transistional housing program for youth. August 1992 Provide I&R to C.V. residents on housing On going COMMUNITY REVITALIZATION Small neighborhood improvement projects Ongoing a minimum of 4 over the contract. ECONOMIC OPPORTUNITIES Development and implementation of KIDBIZ program to teach business/entrepreneurial skills to at risk youth and provide them with mentors and support in starting their own businesses. Start Aug. 92 EXHIBIT B BUDGET SALARIES/BENEFITS 46,000 UTILITIES 375 EQUIPMENT/SUPPLIES 1,000 PROGRAM EXPENSES 625 TOTAL 48,000 /(j;u-g/ EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DrEG 0 Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: <-:::--;:~ /,,::f -:.>, ,:., ,:.c '::'/~ ;,';(/ ~ \,\ ~ ~-\ ,I:, JUM 1992 ~,\ i~.. Received ::; ! \ ~ (:(!mmunity Development c: :' '\;o Department '0 I q.:,. 2; '. C'~ '" '< c": '. 1,,," . /? JI- q:":~'ISlt1L"\ . MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado. Del Mar. EI Cajon, Encinitas. Escondiio. Imperial Beach, La Mesa, Lemon Grove. National City. Oceanside. Poway, San Diego, San Marcos. Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 RESOLUTION NO. Lb7q/ RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYS & GIRLS CLUB OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the COlllllunity Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is pass and ado Presented by ~~ Chris Salomone Community Development Director WPC 4976H/4977H Bruce M. Boogaard City Attorney \~V-I/II.(,2. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF BOYS AND GIRLS CLUB OF CHULA VISTA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporat i on of the State of Ca 1 Horni a, and Boys and Gi rl s Cl ub of Chul a Vista, a non-profit organization ("Grantee"), and is made with reference to the following facts: RLC.lI8!.~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng those certain servi ces for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of th is agreement shall be for a period of six (6) months, from April 1, 1992 through September 30, 1992. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bi t A, attached hereto and incorporated herein. This work shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. WPC 4979H -I- I&; )/-) 3. Compensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the installation of a public address system in their facility at 1301 Oleander Avenue. The City shall compensate Grantee for said work up to a maximum amount not to exceed $12,750 (Twelve Thousand, Seven Hundred Fifty Dollars). An i temi zed budget for sai d expenses is in Exhi bit B, attached hereto and incorporated herein. 4. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in a single installment following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not i ncl ude any anti ci pated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 5. Assianment. The services of Boys and Girls Club of Chula Vista are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 6. Financial Records and Audits. The Grantee shall maintain all fi nanci a 1 records for three years fo 11 owi ng the term of thi s agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanci a 1 and program audi t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 7. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of Boys and Girls Club of Chula Vi sta, or hi s/her des ignated representat i ve , shall represent the Grantee in all. matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 8. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sect ions of 24 CFR Part 85 "Uniform Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 9. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. . 10. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. WPC 4979H -2- /~, j/ tj / . 11. Proqram Income. Any program income derived from CDBG funds sha 11 be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 12. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 13. Druq-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 14. Lobbvi nq of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee uti 1 i zes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 15. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert ifi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensati on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City 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 in the same manner as members of the general public ("cross-liability coverage"). 16. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and 1 iabil ity incurred by the City, its officers and agents,' or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the YPC 4979H -3- ./ ) & J/ //~ City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 17. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 18. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 19. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BOYS AND GIRLS CLUB OF CHULA VISTA BY: BY: w.~~~ Tim Nader Mayor, City of Chula Vista ATTEST: APPROVED AS TO FORM BY: City Cl erk Bruce M. Boogaard City Attorney Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget wpe 4979H -4- /1L//~, EXHIBIT A STATEMENT OF WORK AND SCHEDULE The Boys & Girls Club of Chula vista helps build the self-esteem and self-confidence of young people and helps prepare them for a responsible and self-sufficient adulthood. This occurs through activities including homework help/tutoring, substance abuse prevention, specialized health education programs, fine arts, social recreation, and individual and team sports. This is aug- mented by several special interest group clubs and youth devel- opment programs. This grant will enable us to purchase and install a public address system which will link every program area and office. It will provide better communication and control throughout the building. This public address system will also significantly increase the safety and well-being of the children we serve. It will provide increased and more effective utilization of the facility and will enable the staff to provide greater and more efficient services for our children. Bids for the system will gathered in April 1992. A vendor will. be determined in May 1992. The system will be installed in June 1992. / i?' tl, ? EXHIBIT B BUDGET EXPENSES CDBG Equipment (P.A. System and installation) $12,750 Total $12,750 INCOME CDBG $12,750 TOTAL $12,750 ) /;, j/ /55/ THE FOLLOWING PARTY DISCLOSURE STATEMENTS ARE FOR MULTIPLE CONTRACTS AS FOLLOWS: 1) YMCA of San Diego County Summer Day camp Sunshine Company Afterschool Childcare Family Stress Center Chula vista Human Services Council 2) South Bay Community Services Graffiti Eradication Community Development Program Casa Nuestra Teen Shelter CVPD Domestic Violence Intervention Team " 3) Boys and Girls Club of Chula vista Teen Outreach Program Public Address System Jb2/~/ THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain 0" nership interests. payments, or campaign contributiolls, on all matters \ b will require discretionary a :.:tion on the part of the Gty Council, Planning Commission, and all other oludal bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest in the contract, Le., contractor, subcontractor, material supplier. YMCA of San Diego County South Bay Family YMCA 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 3. If any person identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. "see attached list" 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes..!.... No _ If yes, please indicate person(s): Davi d Malcolm 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Richard A. Collato Tina Williams Alberta Hartung Gigi Michaels 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No...x... If yes, state which Councilrnember(s ): Person is dermed as: ':Any individual, firm, co-partnership, joint venture, association, social club, fraternal organizotion, corporatioll, estate, tJUs~ receiver, syndicme, this and any other county, city and country, city, municipality, district or other political subdivisioll, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) DatI': 7/ n JqJ. I I I () JJ . . . (j{/U;/-'A~A ,. (A'JJ!.6A./,.-'rt..,.; Signature of contractor/applicant ~hr,~-hY1a (. lJJ,'/liavJ'> Print or type name of contractor/applicant J t, j/ /) CJ (Revised 11/30/90) [e;;\ WP51 \COUNCIL \DlSCLOSE. TXT] THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or =paign contributions, on all m:1tters which will require discretionary action on the part of the City Council, Planning Commission, and all ~. ther or 'al bodies. The following information must be disck~ed: 1. List the names of all persons having a financial interest in. the contract, Le., contractor, subcontractor, material supplier. South Bay Community Services Inc. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals o'W-mng more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None .' 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the ~t. See attached Board roster ._.;, c~...=-.~':: ,:'.."'- ..:"""....__.~ "-,-. - --- - - - -- ~. .~.__.. . ... ;. -.._~- ~'. . _0" .~;;I...:,. :-._......... 4. Have you had more than $250 worth of business transacted with any.member of the City staff, -':f=~ Boards, Commissions, Committees and Council within the past twelve monthS? .yes...::.... ":':::,," ":-:. No 2.... If yes, please indicate person(s): " 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter." , Ka thryn Leinbo ' ". .... .......~.~ 6. , Have YOlland/or y~ur officers or agents, in the aggregate, 'contribut~d more than $1,000 io:a. ." Councilmember in the current or preceding election period? Yes -=- NoX ~'" If yes, 'state .Y'lllch ,d_ Councilmember(s): ,- " , Person is defined as: ".Any individwzl, firm, co-partnenhip, joint wnau-e. lZSSoci4licn, social club, fratona/ organization, corporalion, esrate, trust, n:ceiver; syndicau, this and any OIlier county, city and counJ1y, city, munidpality, district or otller political subdMsion, -, or any OIlier group or combination acting QS a unit.' ' . Date: 7/27/92 ;;-( ~ ignatilre ~ontractor/applicaiit , ~athrvn Lembo Print or type name of contractor/applicant , V~ /1 . ~:l1/30f'JOl Jd! L.... .,._____._-- (NOTE: Attach additional pages as necessary) [C;\ W1'Sl \ COUNCIL \DISCLOSE. TX'I'l THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contrir'Jtions, on all matters 'h will require discretionary action on the part of the City Council, Planning Cr:.mmission, and all other o~cial bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest in the contract, i:e., contractor, subcontractor, material supplier. Bovs & Girls Club of Chula Vista 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE '. 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. w. Scott Mosher ~nQ.::Ton M W,::llQ.h 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No XlL If yes, state which Councilmember(s): Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social dub, fraternal organizotion, corporation, estate, trus~ receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdil'isio,~ or any other group or combination acting as a unit.. (NOTE: Attach additional pages as necessary) Date: 08/18/92 w~ \t'i.~ Signature of contractor/applicant [C:\ WP51 \ COUNCIL\D1SCLOSE. TXT] w. Scott Mosher Pri~t or type name of contractor/applicant ) b V ~/-;.t [Revised 11(30/901 BOYS & GIRLS CLUB OF CHULA VISTA FISCAL YEAR 92-93 MEMBERS OF THE BOARD OF DIRECTORS VICE PRESIDENT Paul Kapler 2149 Bluewater Lane Chula Vista, CA 91913 Broker/Owner of ADMINISTRATION (Sharon) VICE PRESIDENT of George Krempl 319 E. James street Chula Vista, CA 91910 Deputy City Manager FINANCE (Mary) Janay Kruger 4660 La Jolla Village Drive, Suite K San Diego, CA 92122 Property Development/Rehabilitation I. Joseph Matacia (Emily) 550 Galveston Way Bonita, CA 91902-4062 Management Consultant Benjamin Richardson 971 Gallery Court San Diego, CA 92114 General Manager, Chula Vista Center Mary Slovinsky 310 "I" street Chula Vista, CA 91910 Attorney (Gustavo) PRESIDENT Sue Welsh 33 Prospect Court Chula Vista, CA 91911 child Care Administrator EXECUTIVE DIRECTOR Scott Mosher (Eloisa) 1301 Oleander Avenue Chula Vista, CA 91911 )61/~/;S Page 2 of 2 07/92 COUNCIL AGENDA STATEMENT Item 17 Meeting Date 08/25/92 Ordinance'A.5 f.t amending Sections 5.20 and 5.07 of the Chula Vista Municipal Code, the Cardroom Ordinance and Master Tax Schedule. Chief of Police D. . Ai'. . v...r ~t(, City Manager 5 (4/5ths Vote: Yes_No..x..) :,J (Referral Numbers 2599 and 2632) At the meeting of July 21, 1992, the City Council conducted a public hearing regarding a series of proposed amendments to Section 5.20 of the Chula Vista Municipal Code (CVMC) , the Cardroom Ordinance. Pursuant to said public hearing, staff was directed to prepare for further consideration six specific modifications to the Cardroom Ordinance. Additionally, Council directed staff to assess the Police Department's ability to enforce the amended Ordinance and identify related costs thereof. ITEM TITLE SUBMITTED BY REVIEWED BY Staff's position on the issue of gambling activity in Chula Vista remains unchanged from previous reports submitted to Council: that the proposed changes to the Cardroom Ordinance will significantly change the gaming environment that exists today in Chula Vista. The card room issue has generated a great deal of discussion throughout the County during the last month. This discussion has added to staff's apprehension with the proposal considered herein. This report will examine the changes Cardroom Ordinance amendments are likely to effect, their impact upon the Police Department and the community, and will detail staff's recommendations to reasonably mitigate such impacts. This report is accompanied by three potential Cardroom Ordinance revisions; staff is prepared to place any of the three alternatives on First Reading. The First Ordinance, referred to herein as Alternative 1, reflects staff's established position on the issue of expanded gambling activity by Chula Vista card rooms and corrects anachronisms (i.e. replacing Director of Public Safety with Chief of Police) of the Cardroom Ordinance. Two alternative Cardroom Ordinance amendments have also been prepared for Council's consideration. The Second Ordinance, referred to herein as Alternative 2, has all the provisions of Alternative 1 and also makes amendments to the CVMC that reflect Council direction given on July 21, 1992. The Third Alternative, referred to herein as Alternative 3, is identical to Alternative 2 except that it limits the games played in Chula Vista to those originally requested by the card room operators. Staff would prefer Alternative 3 over Alternative 2. RECOMMENDATIONS AND ALTERNATIVES: Alternative 1 Place a Cardroom Ordinance amendment on First reading that would: ~ Limit consolidation of card room licenses by any person, partnership, family or family members, or corporations and/or stockholders thereof to a maximum of two licenses. II-I Page 2 Item / 7 Meeting Date 08/25/92 Alternative 1 (continued) ~ Increase the maximum allowable number of card tables upon a premises licensed as a card room to twelve. ~ Extend permitted hours of operations to 9:00 A.M. until 1:00 A.M. ~ More clearly articulate the conditions under which a card room license may be revoked. ~ Correct miscellaneous anachronisms included in the existing Cardroom Ordinance. Alternative 2 Place Cardroom Ordinance and Master Tax Schedule amendments on First reading that, iu addition to the provisions of Alternative 1, would: ~ Allow all the games currently declared legal in California by the state Attorney General except pai-gow. ~ Require that card room operators shall provide the Chief of Police with the House Rules for any game played prior to that game being played in Chula Vista. ~ Provide that no charge in excess of $.50 per hand be charged to any player for the privilege of participating in any game. ~ Permit Jackpots as long as no additional charges are made to players therefor. ~ Modify associated card room interior signage requirements. ~ Increase the Quarterly Table Tax to $2,000. Alternative 3 Place Cardroom Ordinance and Master Tax Schedule amendments on First reading that are identical in effect to Alternative 2 except that it would limit the games permitted as follows: ~ Allow all the games currently declared legal in California by the state Attorney General except pai-gow, Super Pan-9, California 22 and pangiungue. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Pursuant to a Public Hearing held of July 21, 1992, staff was directed to return with proposed amendments to the Cardroom Ordinance with respect to six specific areas of card room operations. Staff was directed to prepare new language for the Cardroom Ordinance that would accomplish the following: prohibit consolidation of more than two Chula Vista card room licenses; include corporations, partnerships or any other entities with common financial interests in card room license purchase and consolidation restrictions; allow all games currently declared legal by the state Attorney General except pai-gow; extend permissible hours of operation; permit a per hand seat rental charge; and, allow jackpots. The staff position on this issue remains unchanged: any action taken to expand card room gambling operations will result in a local gaming environment which is significantly different than what exists today here in Chula Vista. The community has accepted the current gaming /7-2. Page 3 Item /7 Meeting Date 08/25/92 environment and this environment generally reflects the community's value system. Locally owned and operated card rooms provide a service to a small group of Chula Vistans -- a few well defined games are offered during limited hours. Introducing an array of gambling activities like those contained in Alternative 2, and to a lesser degree Alternative 3, will have sociological, criminal and code enforcement effects that will impact the Police Department. Excepting the increased revenue the City will receive from increased Table Taxes, the effects of Alternatives 2 and 3 will be significant to both the Police Department and community. Staff can identify several likely sociological impacts that may result from the adoption of Alternatives 2 or 3. A number of citizens who now play cards have indicated they will be intimidated by the new games. These persons have stated that the proposed games will, due to new players and higher stakes, be more stressful and therefore of less entertainment value to them. The allure of the new games will also make Chula Vista a destination for compulsive gamblers, at least to those who express their compulsion through playing cards. As is indicated in Attachment C, compulsive gamblers present significant risks to themselves, their families and the community. Additionally, a $.50 per hand charge will nearly double the fees paid by players for the privilege of playing cards in Chula Vista. This estimate is conservative because it is based upon fifteen (15) hands played per hour; staff research indicates some games can generate over thirty (30) hands per hour. These fees, some of which will find there way into the City's General Fund through increased Table Taxes, create an artificial redistribution of wealth that would not otherwise exist. Finally, by adopting either Alternative 2 or 3, the City will articulate a policy that directly conflicts with the San Diego District Attorney's position in opposition to any expansion of gambling activity. Given this, and the recent action by San Diego's City Council, the Police Department has concerns that such a conflicting policy will send a message to those interested in developing gaming facilities: that Chula Vista is willing to entertain such proposals. There are also some potential criminal impacts of adopting either of the two amendments which expand the games permitted. The Police Department is most concerned with an increase in "follow home" robberies. Given the increase in stakes associated with the new games, it is certain that criminal elements will have more incentive to prey on players. People who are having a winning run are easily spotted and targeted for robbery. This is a common phenomenon which has been observed in every community where high stakes poker is permitted (Excluding checks and raises, hold 'em has three rounds of betting, seven card stud hasfive rounds of betting. Since the current games have only two, excluding checks and raises, it can be deduced that, all other things being equal, pots will increase 50% to 150%. An eight player draw game with two rounds of maxi mum betting. $30.00, would generate a pot of $480. Therefore, the new games could generate pots of up to $1,200). The higher stakes will also create opportunities for small scale money laundering schemes whereby profits from illicit activities become gambling winnings. The expanded gambling permitted by Alternatives 2 and 3 will attract new gamblers to Chula Vista. Some of these persons will be compulsive or pathological gamblers, some will be people with a propensity to commit criminal acts and many will be law abiding persons. Staff can not estimate the impact this influx of persons will have on the volume of police calls for service beyond that described above. Such an unknown )7.3 Page 4 Item ) 7 Meeting Date 08/25/92 element is of concern to the Police Department. If Alternative 2 or 3 is adopted, the Police Department anticipates that it would assign a Police Investigator to: monitor compliance with the Cardroom Ordinance, follow-up on any complaints involving the card rooms, develop and implement pro-active victimization prevention programs, and, perform general investigative duties related to card rooms. The existing card rooms have excellent code compliance records, therefore, initial compliance activity would focus on proper signage and the development of a multi-phase consumer information program (including information on the new gambling activity and the rest of the Cardroom Ordinance, referrals to other sources of information on the games, transportation/escort resources and referrals for compulsive players). Being proactive in minimizing player victimization would be another priority if the additional gambling activities are approved. The Police Department is very concerned about residents who, for whatever reason must carry large amounts of cash. In a card room environment it is easy for criminals to spot a potential victim by identifying big winners. The Department will be committed to providing an appropriate level of resources to protect persons from preventable crimes. Finally, as experience is gained in enforcing the amended Cardroom Ordinance, the Department will seek to develop a comprehensive inventory of the impacts resulting from card rooms on the Chula Yista community. The Police Department will periodically review the Cardroom Ordinance enforcement program to ensure these goals are being met and/or the program is effectively serving the clientele it targets. PROYISIONS OF THE FIRST ORDINANCE Consolidation of Licenses Consolidation of card room licenses is currently permitted under Section 5.20.035 of the CYMC. The section reads as follows: "Notwithstatufing the provisions of Section 5.20.160 regarding the maximum number of tables on a premises.... a person having an interest or holding a license to any cardroom in the city may applyfor an additional available license or may acquire afinancial interest in an additional license. ..If such license is granted. the maximum number of tables permitted in the consolidation aftwo card rooms is twelve (12). The maximum number of tables permitted in the consolidation of three cardrooms is sixteen (16). The maximum number of tables permitted in the consolidation offour cardrooms is twenty (20). " "Consolidation occurs whenever a cardroom licensee or a person having afinancial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom. " Staff is recommending an amendment to Section 5.20.035 which will expressly prohibit the consolidation and/or ownership of more than two card room licenses. This amendment will specifically identify family, corporations, partnerships and/or any other entity with common financial interests, as being similarly precluded from consolidating and/or owning more than two cardroom licenses. Because of the "person having financial interest in a card room" clause of the Consolidation Permitted limitation (see second paragraph italics above), the Police Department currently ) 7.1./ Page 5 Item /7 Meeting Date 08/25/92 determines if an entity seeking to consolidate a license has any financial interests (owns or is part owner) in any other Chula Vista card room license. Under the proposed amendment, if there is any common financial or family interest or ownership, consolidation of more than two licenses will not be approved. This amendment will effectively prohibit the consolidation or ownership of more than two licenses by any person, family or business entity. Since, under the existing Ordinance, the Police Department makes a determination if applicants have any financial interest in another Chula Vista card room, the amendment as proposed would have no significant impact upon Police activities related to Cardroom Ordinance enforcement. Maximum Number of Tables Allowed on Premises Staff recommends that Section 5.20.160 be amended to effect consistency with 5.20.030. Section 5.20.160 limits the number of tables permitted at any premises licensed as a cardroom to eight. Since the CVMC currently allows up to twelve tables under two consolidated licenses, 5.20.160 would force an operator to permit two premises as cardrooms if slhe chose to operate all twelve tables. Each premises permitted as a card room has a minimum amount of requisite code enforcement activity associated with it. The Police Department proposes this change to reduce the number of potential card room premises, and therefore, the cost of enforcing the Cardroom Ordinance. The Police Department does not support the concept of allowing any more than twelve tables under two consolidated licenses. Hours of Operation Section 5.20.120 of the CVMC regulates the hours and days card rooms may operate. Staff recommends that card rooms be allowed to operate from 9:00 A.M. until 1:00 A.M. The staff recommendation represents a compromise that would allow for two additional hours of operation daily except Sunday (after 1:00 A.M.). This would increase operating hours by approximately 14% per day, Monday through Saturday. The staff proposal would provide residents with sixteen hours per day (Monday through Saturday) and ninety-six hours per week, or 57% of the hours in a week, to play cards. The limits proposed by staff give operators twelve additional operating hours each week which had the nearly the same effect as adding an additional day under the existing operating hours (10:00 A.M. to Midnight). These additional hours of operation will assist the card rooms in remaining viable within existing gambling regulations. The amendment as proposed would have a limited impact upon Police activities related to Cardroom Ordinance enforcement. Conditions for Revocation of Card Room Licenses Staff is proposing amendments that clarify the grounds upon which licenses will be revoked. These grounds include: allowing persons other than those listed on the application to own, have an interest in or manage a card room; having more tables operating than are licensed and/or are authorized by the license application; and, having a card room upon a premises that is unsuitable therefor. Additionally, staffis proposing an amendment that will allow the City to impose a fine in lieu of revoking a license. These amendments will assist both the City and the licensees by articulating more clearly how, when and why licenses may be revoked and/or licensees may be fined by the City. /7-5 Page 6 Item /7 Meeting Date 08/25/92 The remainder of this report will focus on Alternatives 2 and 3. Staff does not recommend either, but, was specifically directed to prepare such amendments in order to facilitate further Council discussion. Staff recommends that Council adopt Alternative I in order to avoid effecting significant changes in the local gambling environment. Such changes have mostly negative impacts as are described in detail in the first five paragraphs of this Report's Discussion. Staff prefers Alternative 3 to Alternative 2. Alternative 3 would prohibit the games of Super-Pan, California 22 and Panguigue in addition to Pai-gow. None of the games proscribed by Alternative 3 were included in the original Card Room Operator's proposal and each has impacts upon local law enforcement that, like Pai-Gow, exceed those of the poker games allowed under Alternative 2. PROVISIONS OF THE SECOND ORDINANCE Games Permitted Section 5.20.110 of the CVMC permits "No card games except draw poker, lo-ball poker, or contract or auction bridge may be played... the game of panguingue is specifically prohibited." Alternative 2 includes an amendment to Section 5.20.110 that would allow any game, or family of games, currently declared legal by the state Attorney General with the exception of pai-gow. Under Alternative 2, all forms (high, low, high-low split etc...) of the following games would be permitted in Chura Vista: draw poker, seven-card stud poker, hold-em poker and double- handed poker. Additionally, the games of Super Pan-9, California 22 and pangiungue would be available to the operators. The choice of games to be offered within this array would be left to the operator. While the objective of these games is similar from club to club, most can be slightly altered to fit the club's clientele and their game specific preferences. Pai-Gow is a high stakes, asian poker game that has been linked to a variety of criminal activities in other jurisdictions (please reference the Wall Street Journal Article dated June I, 1992 and other staff correspondence with Council on this subject). Super Pan is another high stakes game with the objective being to obtain a hand with cards totaling nine (9). panguigue is not currently permitted by the Cardroom Ordinance and most clubs do not offer it simply because there is no demand for it. California 22 is a blackjack type game that pits player against player rather than player against the house. The objective of California 22 is to acquire a hand which totals as close to twenty-two (22) as possible. Providinl! House Rules to City and Interior Sil!nage Requirements Alternatives 2 and 3 both include staff proposed amendments to Section 5.20.200 of the CVMC that provide for: I) rules for any game offered or played in a Chula Vista card room be set in advance of the game being played or offered; 2) a written copy of such "house rules" be provided annually to the Chula Vista Police Department; and, 3) such rules be clearly and thoroughly displayed in a place of prominence that is visible from any seat at any card table on the premises. The exact wording in Alternative 2 and 3 will vary based solely upon the games permitted by that Alternative. The intent and effect of the proposed amendments is to ensure that both the City and patrons of the card rooms are apprised in advance of the games being 17-1., Page 7 Item 17 Meeting Date 08/25/92 offered, the house rules for the games and whether or not a jackpot is being offered in association with a particular table or game. Per Player/Per Hand Charges Section 5.20.190 of the CVMC defines the rate at which players may be charged for participating in games at a Chula Vista cardroom. Since this component of the operator's proposal is tied specifically to the new games, Alternatives 2 and 3 include an amendment to change the method of collecting charges from card players. The card room operators have requested they be permitted to collect a per hand charge, not to exceed $.50 per player per hand. This method of collecting playing charges is more prevalent throughout the county and gaming industry. This per hand charge would be the only revenue source available to card room operators from a gaming enterprise. The per hand charge appears more equitable in that every player pays the same amount to play in a game. Under the per hour method, a player can participate in a few hands, get up and miss the hourly charge call, then sit back down and continue playing without paying. It should be noted that the amount of revenue generated under this method varies based on the game being played and the skill of the dealer. Dealer skills are generally measured by the speed, precision and efficiency with which the cards are delivered to the players -- faulty deals cost operators money and customers. Attachment A, which is predicated upon conservative estimates of card room operational efficiency indicates that the cost per player, per hour will increase from $4.00 to an average of $7.50 (+87.50%). In other words, a table operating for one hour with six players will generate $45.00 in revenue for the card room operator an increase of $21.00 compared with the existing Ordinance. Attachment A also indicates that using a constant set of assumptions regarding card room operating efficiency, a table operating under the proposed Ordinance amendment would generate over $100,000 in additional gross revenue for the card room operator. Finally, based on that same set of assumptions, and assuming that a card room establishment will operate at about 25 % of total capacity, the proposed amendment will enable the card room owners to generate nearly $450,000 in annual gross revenue. Jaclq>ots Section 5.20.180 of the CVMC currently prohibits operators from offering jackpots. Alternatives 2 and 3 include an amendment allowing jackpots. The operator's see jackpots as an incentive to attract marginal customers and keep regular customers longer. Customers will not be charged specifically for the purpose of funding jackpots. The jackpot is awarded to two players achieving unusually high hands (typically when two hands exceed the three king full- house) during one deal of the cards. In order to create an image of more winners, seventy five per cent of the jackpot award goes to the player with the second best hand and the remaining twenty five per cent goes to the player with the winning hand. Some of staff's original concerns have been mitigated by the fact that under the operator's proposal, jackpots will not be a revenue center. However, the card room industry argued strenuously, and effectively in the state Attorney General's opinion, that jackpot poker requires more skill to be successful at than poker without 17-7 Page 8 Item ) 7 Meeting Date 08/25/92 jackpots. If this is the case, the Police Department expects a different type of gambler will be attracted to, and will make appearances in, Chula Vista's card rooms. These "new" players introduce an element of the unknown in terms of assessing sociological, criminal and code enforcement impacts upon the City. Table Tax Increase Associated with Additional Games Section 5.07.030 of the CVMC, The Master Tax Schedule, requires card room operators to pay a $90.00 per table Card Room Table Tax quarterly to the City. In the event that the additional games are added, Alternatives 2 and 3 include an amendment to the Master Tax Schedule raising the Card Room Table Tax to $2,000 quarterly per table. Chula Vista does not take a proportion of the card room's gross receipts, therefore, Chula Vista card room's pay a tax rate that is significantly below that of other San Diego county cities where card rooms are permitted. San Diego's card rooms permit only the games currently approved in Chula Vista: high and low draw poker and auction/contract bridge. Currently, licenses can not be transferred which, in effect, will sunset card rooms in the city of San Diego barring an ordinance revision there. Oceanside permits all games legal in California and card room's can operate twenty-four-hours- a-day, seven-days-a-week. Carlsbad currently has only one licensed card room. Licenses can not be transferred in Carlsbad either. Keeping in mind these differences, the following table is presented for comparable card room operations in each of the other cities in San Diego county with operating card rooms: San Diego, Oceanside, Carlsbad and Chula Vista. San Diego $9,409 Oceanside $2,000 & 4% of gross revenue Carlsbad $2,160 & 8% of gross revenue Chula Vista Current: $2,160 As demonstrated by Attachment A, allowing the games specified in the second Ordinance has the potential to significantly increase card room revenues. Staff recommends that the Table Tax be increased to $2,000 per quarter based upon the increased revenue and potential increases in required Police enforcement activity described below. This assessment will be made on any card table kept on the premises licensed as a card room. Although the original staff recommendation called for a $15,000 per license annual tax, this recommendation has been revised for three reasons. One, the per table method is more equitable for the operators in that it they are not charged for non-operating tables. Second, the original $15,000 per license was recommended as a means, along with reducing the number of permitted tables, of discouraging license consolidations. Third, the per table method will generate more Table Tax Revenue under a wider array of card room operating conditions. Staff evaluated several alternative methods employed by other cities to tax card rooms: a flat or escalating table tax; a flat card room tax; a flat card room tax plus a flat or escalating percentage of gross revenues; or some variation on these methodologies. Each method has its proponents and detractors, as well as, positive and negative aspects for both the city and the card room operator. A flat table tax increase appeals to staff for four reasons: I) it is predictable; 2) there /'7~3 Page 9 Item /7 Meeting Date 08/18/92 is no accounting component; 3) it is easily enforced; and 4) it is equitable for the operators. The predictability makes revenue forecasting less complicated and more accurate and, therefore, assists in the budget development process. Calculating proportions of gross revenue requires significant staff time to critically review accounting documents from each of the card room operations on a quarterly basis. Since all tables must be visible from the street, the proposed methodology could be enforced through random visual inspections of the two card room establishments (officers should observe only the number of tables currently licensed in the premises). Under the revised Table Tax recommendation, each table licensed would generate $8,000 in Cardroom Table Tax revenue annually. Given the current licensing scenario, the table tax increase proposed by staff would generate $112,000 in table tax revenue -- an increase of $109,840. Of this amount, $48,000 would be from the six tables licensed by the Vegas Club and $64,000 would be from the eight table licensed by the Village Club. If both establishments were to license the maximum of eight tables, City Table Tax revenues would total $128,000. If clubs chose to operate fewer tables, the club's tax liability would be reduced as would its potential to generate revenue for the operator. Attachment B, which compares the current Card Room Table Tax with the Operator's and Staffs proposals, demonstrates that if all four licenses were operated independently and each licensed the maximum of eight tables, City revenue under this proposal would be $256,000. It is anticipated that the revenue generated via this methodology, under the existing card room licensing and gaming level scenario, will offset the cost of enforcement activities known at this time to be associated with Alternative 2 or 3. Provisions of Alternative I included in Alternative 2 Alternative 2 also includes each of the provisions contained in Alternative I that strictly limit license consolidation, increase the maximum number of tables on a premises licensed as a card room, extending the permitted hours of operation, clarify the conditions under which card room licenses may be revoked or licensees fined and correct anachronisms in the current Ordinance. Such provisions are included in each of the alternatives presented herein because they are not tied to specific increases in the types of gambling activities permitted. PROVISION OF THE THIRD ORDINANCE Games Permitted Alternative 3 includes an amendment to Section 5.20.110 that would allow any game, or family of games, declared legal by the state Attorney General with the exception of pai-gow, Super Pan, California 22 and pangiungue. Alternative 3 is consistent with the Card Room Operator's original proposal to staff and Council. Under the proposed language, all forms (high, low, high- low split etc...) of the following games would be permitted in Chula Vista: draw poker, seven- card stud poker, hold-em poker and double-handed poker. The choice of games to be offered within this array would be left to the operator. Staff offers Alternative 3 in preference to Alternative 2 for several reasons. One, limiting the J1-c:, Page 10 Item 17 Meeting Date 08/18/92 games as proposed in Alternative 3 retains the traditional poker-only philosophy. Also, incorporating the additional games included by Alternative 2 exacerbates the sociological, criminal and code enforcement issues described above and would create card rooms with more of a Las Vegas look and feel. Furthermore, these were not originally proposed by the card room operators nor, to the best of staff s knowledge, are they desired by the operators at this time. Alternative 3 Identical in Effect to Alternative 2 Except for Games Permitted Alternative 3, with the exception of the games permitted, is identical in effect as Alternative 2. It provides for: strictly limited license consolidation; increasing the maximum number of tables on a premises licensed as a card room; extending the permitted hours of operation; clarifying the conditions under which card room licenses may be revoked or licensees fined; correcting anachronisms in the current Ordinance; the filing of house rules with the Police Department prior to games being offered; the collection of a maximum $.50 per hand charge for playing; permits jackpots to be offered; modification of interior signage requirements; and, an increase in card room Table Taxes. FISCAL IMPACT: None associated with Alternative 1. The adoption of either Alternative 2 and 3 as proposed will increase Table Tax revenues by $109,840 under the current licensing scenario. Each additional table licensed will generate and additional $8,000 in annual Card Table Tax revenue. Table Tax revenue is deposited into the City's General Fund. / '7 -II) ATTACHMENT A Operator's Proposal $0.50 Revenue to Operator per hand per player 6 Players (8 player maximum) $3.00 Revenue to Operator per hand 15 Average number of hands per hour -- all various games $45.00 Revenue to Operator hourly, per table 16 Hours per day $720.00 Revenue to Operator per day 6 Days per week 52 Weeks in a year $224,640 Revenue per table per year 8 Tables per license $1,797,120 Revenue to Operator at 100% capacity $449,280 Revenue to Operator at 25% capacity $7.50 Revenue per player per hour Current Ordinance Provision $4.00 Revenue per player per hour 6 Players per game 16 Hours proposed per day (9:00 am to 1:00 am) $384.00 Revenue to Operator daily 6 Days open per week $2,304.00 Revenue to Operator per week 52 Weeks in a year $119,808.00 Current revenue per table per year $104,832.00 Gross Revenue Increase Per Table Under Proposal 17"'11 ATTACHMENTB COMPARISON OF PROPOSED QUARTERLY TABLE TAXES AUGUST 18, 1992 Tables Current Ordinance Operator's Proposal Staff Proposal 1 $90 $450 $2,000 2 $90 $450 $2,000 3 $90 $600 $2,000 4 $90 $600 $2,000 5 $90 $825 $2,000 6 $90 $825 $2,000 7 $90 $1,125 $2,000 8 $90 $1,200 $2,000 Quarterly $720 $6,075 $16,000 Annually * $11,520 $97,200 $256,000 * Assumes that all four licenses operate at maximum capacity, 8 tables each, 32 tables total. 17~/2. ATTACHMENT C Interviews of recognized experts; Richard J. ROSENTHALL, M.D.. Rachael A. VOLBERG, Ph.D., and Durand F. JACOBS, Ph.D., regarding compulsive gambling and the impact on society. The first individual interviewed was Richard J. ROSENTHALL, M.D. Dr. ROSENTHALL is a member of the California Council on Compulsive Gambling and has written several articles, including "The Cost of Compulsive Gambling," "pathological Gambling" and "The Pathological Gambler as a Criminal Offender." Dr. ROSENTHALL stated that gambling is a tremendous problem within the Asian community but most Asians are reluctant to seek help. According to Dr. ROSENTHALL in 1990, the Maryland State Task Force on Gambling Addiction determined their state lost $1. 5 billion through lost work productivity, money stolen, embezzlement, bad checks, and unpaid taxes from an estimated 50,000 compulsive gamblers. California has an estimated 300,000 compulsive gamblers. T'le American Insurance Institute estimates that 40% of all white collar crime is gambling related. One in five compulsive gamblers has attempted suicide. One out of four was involved in an auto accident during the worst of their gambling. There are multiple effects on the family according to Dr. ROSENTHALL; the most obvious of which is lack of financial support, neglect and divorce. Thirty-seven percent (37%) of compulsive gamblers physically abuse their children. The spouse of a compulsive gambler is three times more likely to commit suicide. The children of compulsive gamblers do worse in school than their peers and are more apt to have alcohol, drug and gambling problems and eating disorders. They attempt suicide twice as often as their classmates. pathological gambling and substance dependence are frequently associated. Compulsive gamblers are prone to develop stress related physical disorders. Studies of criminal behavior by pathological gamblers show bad check writing was most common, followed by loan fraud, embezzlement and employee theft. Pathological gamblers do not consider the consequences of their behavior according to Dr. ROSENTHALL. States are starting to accept responsibility and currently twelve states have funded programs in public education, research, training and treatment. There are very few qualified counselors and therapists. Clinics, residential programs, half way houses and alternative sentencing programs need to be developed. Workshops are needed for attorneys and judges, probation and parole officers, prison administrators and counselors. Rachael A. VOLBERG, Ph.D., was also interviewed regarding social issues related to gambling. Dr. VOLBERG is a principal in Gemini 11--/3 ATTACHMENT C Page 2 Research, Albany, New York. Association for the study of Council on Problem Gambling. She is a member of the International Gambling and a member of the National Dr. VOLBERG indicated there is a widespread belief among clinicians working with pathological gamblers that increased opportunities to wager lead to increased numbers of problem and pathological gamblers. The starting age of those who become problem gamblers, according to a 1989 research, 23% are fourteen (14) years of age, 23% are between fifteen (15) and seventeen (17) years of age, 38% are between eighteen (18) and twenty-four (24) years and 15% are over twenty-five (25) years. Types of wagering when these individuals started gambling are: sports, 42%; cards, 33%; and slot machines, 17%. It is important to address the social and economic costs associated with the legalization of gambling according to Dr. VOLBERG. The prevalence rate of problem and pathological gambling should be assessed. Residents must be educated about the potential problems associated wi th gambling. Treatment services must be provided for those individuals who experience problems with their gambling and insure that adequate and enduring funds for such efforts are made available. Another expert interviewed was Durand F. JACOBS, ph.D. Dr. JACOBS is a diplomat in Clinical Psychology and is a member of the American Board of Professional Psychology. He is also Vice President, '91 and '92, of the National Council on Problem Gambling, New York, New York. According to Dr. JACOBS, "Public understanding of gambling problems is where our understanding of alcoholism was forty or fifty years ago." Studies indicate that in families in which parents gamble, youths are likely to follow suit. The Atlantic City High School newspaper conducted a survey of ninth to twelfth grade students. The survey revealed that 64% of legally underage students had snuck in and gambled in casinos, mostly at slot machines, but 25% played Blackjack and 25% were served alcoholic beverages. The proliferation of legalized gambling and its impact on society is alarming and startling. Pathological gambling is a psychological, social, and economic problem of great magnitude. Public and private interests have a moral responsibility to address the problems of gambling. Dr. JACOBS states, "It is a special responsibility for the state to address the dark side of gambling so as not to harm its citizens. If the state doesn't do it on a preventive or early intervention basis, it's going to pay the price in terms of criminal activities, health costs, destruction of families, and in lower productivity." The costs to address social problems attributed to gambling greatly outweigh new revenues derived from gambling operations. 17 #/ If ALTERNATIVE NO.1 ORDINANCE NO. 2. 5 'J...$' A AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.20 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CARDROOMS SECTION I: That sections 5.20.030, 5.20.035, 5.20.040, 5.20.060, 5.20.120, 5.20.160 and 5.20.210 of Chapter 5.20 of the Chula vista Municipal Code are hereby amended to read as follows: 5.20.030 License-Number permitted and transferability. The number of licenses authorized for issuance under the provisions of this chapter shall be limited, based upon the population of the city as shown upon the population certified by the state Department of Finance. The number so authorized shall be one per forty thousand residents or any fraction thereof. All such licenses shall be issued in accordance with the provisions of this chapter; provided, however, those persons holding a license to conduct cardroom operation upon the effective date of this section may continue to hold such licenses subject to the revocation provisions set forth in this chapter. Any license issued pursuant to this chapter may be transferred upon the approval of the chief of police to a person meeting all of the requirements for the initial issuance of such a cardroom license, subject to the ratification of the city council which approval mav be withheld in the sole discretion of the Chief of Police and which ratification mav be withheld in the sole discretion of the citv Council. and such approval and ratif ication mav. but is not required to. be based entirelv or in part on the assessment bv the Chief of Police or. as applicable. the citv Council. of the character of the proposed licensee. or when. in the opinion of the approvinq or ratifvinq entitv. there appears to be qood cause whv such person should not operate a cardroom; provided, however, that with the exception of those licenses which have been issued prior to the effective date of the ordinance set forth in this section and section 5.20.040, no license may be so transferred unless the holder thereof has been operating a cardroom for three years at a fixed location in the city. For the purposes of this section. it shall be deemed to be a transfer of a license requirinq approval of the Chief of Police and ratification bv the citv Council if a shareholder of a corporate licensee transfers anv shares in the corporate licensee. It shall also be deemed to be a transfer of a license requirinq approval of the Chief of Police and ratification bv the citv Council if a partner of a partnership licensee transfers all or anv portion of his or her partnership interest. 1 /7A ~/ \'a< 5.20.035 Consolidation-Permitted. Notwithstanding the provisions of section 5.20.160 regarding the maximum number of tables on premises, the citv Council mav. in their sole discretion. qrant one additional license. but no more than one. to a person having an interest in or holding a license to any cardroom in the city may apply fa]!" aR aaai~iaRal availa191e lieeRae a]!" may acC}uire a fiRaRcial iRtcrcat iR aR additioRal lieeRse but then onlY in accordance with the procedures set forth in this chapter and onlY if the total number of licenses issued. includinq consolidated licenses as two separate licenses. does not exceed the maximum permi tted bY Section 5.20.030. If such application for an additional sinqle license is granted, the maximum number of tables permitted in the consolidation of two cardrooms is twelve (12). The mauimbllB. RliIR19cr sf t.aeleD 19crmit.t.cel iR UiC eORaaliaa~ioR of ~h]!"ee ea:E'a:E'ooma ia aixtccR (16). Thc mauimllm Rumlge]!" af taelca permi~~ea iR thc cORaolidatioR of four ca]!"araama ia ~\leR~Y (20). No licensee may obtain or have issued more than two licenses. A person shall be deemed to have an interest in. or hold. an existinq license if said person is a desiqnated licensee. if they are presently married to an existinq licensee. if they are the parent or child of an existinq licensee. if thev own shares in a corporation that owns a license or has a partnership interest in a license. if they own a partnership interest in a partnership that has a license or owns shares in a corporation that owns a license. consolidation occurs whenever a cardroom licensee or a person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom. 5.20.040 License-Initial issuance procedure. E}!ccP~ far Clda~iREj" liecRaccG aa Gct forth iR Gee~iaR 5.2e.939, aAll applieaRta for availa191e licensegs shall comply with the provisions of this chapter. Any applicants requesting a license as permitted in section 5.20.030 shall pay a nonrefundable fee as presently designated, or as may in the future be amended, in the Master Fee Schedule, Section 5.20.040, to cover the cost of investigation. No applicant requesting a license pursuant to this section may have any financial or other interest as set forth in Section 5.20.035 in any other applicatioR eciREj" sul9mi~~ea ~a al9~aiR a--cardroom license. or application pendinq therefore. Each application shall be totally independent and unassociated with any other application being submitted for the purpose of obtaining such a license. The initial period for issuance of new cardroom licenses shall be the month of May, 1977, and in the month of May in subsequent years should there be additional licenses available. After the termination of the open period in May, no further li- 2 1714 -2- censes shall be issued until the succeeding open period. In the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in section 5.20.030, based upon population, the airee~er ef paelie safety Chief of Police shall conduct a public lottery to select those applicants who shall be investigated to determine if they are qualified to be issued any available cardroom licenses as approved by the aireeter ef publio aafety Chief of POlice, subject to ratification of the city council. Upon the issuance of available cardroom licenses, the aireeter ef puelie safety Chief of Police shall authorize the refund of any application fee to any persons who were not subject to investiga- tions. 5.20.060 License-Application prerequisites. required-Con tents-Issuance An applicant for a cardroom license shall submit his appli- cation to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such appli- cation. The term "persons financially interested" shall include all persons who share in the profits of the business, on the basis of gross or net revenue, including landlords, lessors, lessees, the owner or owners of the bui lding , fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. 'Fhe eRief of polioe may aeflY aflY applieafl~ for a carareem lieeflae a liocflDc to operate SUCR cararoom whefl, ifl tRD opifliefl ef ~Re oRief of poliee, tRere appears te be ~ooa cauas ':RY saoR parDefl sReala flot operate a cararoom. 5.20.120 Hours and days of operation. No card table licensed under the provisions of this code which is maintained or operated in connection with any other business shall be used for any card game from miafli~Rt one o'clock a.m. to ~ nine o'clock a.m. of any day. All places which are devoted exclusively to the operation or maintenance of a card table bus- iness shall be kept closed each day from miafli~flt one o'clock a.m. to ~ nine o'clock. No card table shall be used for any card game on sunday. 5.20.160 Maximum number of tables on premises-Arrangement. No more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter. except that at cardrooms operatinq under two consolidated licenses. twelve tables shall be permitted, and said playing area shall be located on the 3 1714 '..3 ground floor and the tables shall be arranged so that the playing surface of each table shall be visible from the sidewalk or pUblic walk immediately adjacent to the cardroom. The holder of a cardroom license may appeal the visibility requirement to the zoning administrator. 5.20.210 License-Revocation criteria. Licenses for cardrooms may be revoked in the manner and for the reasons set forth in section 5.02.180 et seq. of this code and for the farther reaaOR eeRsistiR~ of a BnY-violation of any of the provisions of this chapter. The citv may. but is not reauired. to imcose a fine in lieu of revocation. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. F: \hom.e\attomey\cardrm3 rm by JJ Presented by Richard P. Emerson, Chief of Police , City 4 /7A ,'/ ALTERNATIVE NO.2 ORDINANCE NO. '-6 ')..t' .PJ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.20 AND SECTION 5.07.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CARDROOMS 5.20.060, 5.20.200 Code are SECTION I: That sections 5.20.030, 5.20.035, 5.20.110, 5.20.120, 5.20.160, 5.20.180, and 5.20.210 of Chapter 5.20 of the Chula vista hereby amended to read as follows: 5.20.040, 5.20.190, Municipal 5.20.030 License-Number permitted and transferability. The number of licenses authorized for issuance under the provisions of this chapter shall be limited, based upon the population of the city as shown upon the population certified by the state Department of Finance. The number so authorized shall be one per forty thousand residents or any fraction thereof. All such licenses shall be issued in accordance with the provisions of this chapter; provided, however, those persons holding a license to conduct cardroom operation upon the effective date of this section may continue to hold such licenses subject to the revocation provisions set forth in this chapter. Any license issued pursuant to this chapter may be transferred upon the approval of the chief of police to a person meeting all of the requirements for the initial issuance of such a cardroom license, subject to the ratification of the city council which approval mav be withheld in the sole discretion of the Chief of Police and which ratification mav be withheld in the sole discretion of the citv Council. and such approval and ratification mav. but is not reauired to. be based entirelv or in part on the assessment bv the Chief of Police or. as applicable. the citv Council. of the character of the proposed licensee. or when. in the opinion of the approvina or ratifvina entitv. there appears to be aood cause whv such person should not operate a cardroom; provided, however, that with the exception of those licenses which have been issued prior to the effective date of the ordinance set forth in this section and section 5.20.040, no license may be so transferred unless the holder thereof has been operating a cardroom for three years at a fixed location in the city. For the purposes of this section. it shall be deemed to be a transfer of a license reauirina approval of the Chief of Police and ratification bv the citv Council if a shareholder of a corporate licensee transfers anv shares in the corporate licensee. It shall also be deemed to be a transfer of a license reauirina approval of the Chief of Police and ratification bY the city Council if a partner of a partnership licensee transfers all or any portion of his or her partnership interest. 1 ) 7.8 -I "~ 5.20.035 Consolidation-Permitted. Notwithstanding the provisions of section 5.20.160 regarding the maximum number of tables on premises, the citv Council mav. in their sole discretion. qrant one additional license. but no more than one. to a person having an interest in or holding a license to any cardroom in the city Illay aIlIlly fer aa aaaitioaal available lieerllJe or ma~i acquire a f iFlaCleial iaterest. in all aeleli'tiaRal lisease but then on Iv in accordance with the procedures set forth in this chapter and onlv if the total number of licenses issued. includinq consolidated licenses as two seoarate licenses. does not exceed the maximum oermitted bv section 5.20.030. If such application for an additional sinqle license is granted, the maximum number of tables permitted in the consolidation of two cardrooms is twelve (12). Tae Illauimalll aamber ef tables Ilerlllitt.ea ia tae seaseliaatioa ef taree eararoolllo is siuteea (IE;). 'Pac Illauilllulll aUlllber ef tableo Ilerlllittea ia tae eoaooliaatioa of four carareellls io to./enty (28). No licensee mav obtain or have issued more than two licenses. A oerson shall be deemed to have an interest in. or hold. an existinq license if said oerson is a desiqnated licensee. if thev are oresentlv married to an existinq licensee. if thev are the oarent or child of an existinq licensee. if thev own shares in a corooration that owns a license or has a oartnershio interest in a license. if thev own a oartnershio interest in a oartnershio that has a license or owns shares in a corooration that owns a license. Consolidation occurs whenever a cardroom licensee or a person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom. 5.20.040 License-Initial issuance procedure. Except fer euiotin~ lieeasees as set forta ia cectioa 5.20.038, aAll applicaats fer available license~s shall comply with the provisions of this chapter. Any applicants requesting a license as permitted in section 5.20.030 shall pay a nonrefundable fee as presently designated, or as may in the future be amended, in the Master Fee Schedule, section 5.20.040, to cover the cost of investigation. No applicant requesting a license pursuant to this section may have any financial or other interest as set forth in section 5.20.035 in any other applisatiea beia~ submittea to obtaia a--cardroom license. or aoolication oendinq therefore. Each application shall be totally independent and unassociated with any other application being submitted for the purpose of obtaining such a license. The initial period for issuance of new cardroom licenses shall be the month of May, 1977, and in the month of May 2 /713J 2. in subsequent years should there be additional licenses available. After the termination of the open period in May, no further li- censes shall be issued until the succeeding open period. In the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in section 5.20.030, based upon population, the direeter ef ~~elic safety Chief of Police shall conduct a public lottery to select those applicants who shall be investigated to determine if they are qualified to be issued any available cardroom licenses as approved by the airector ef ~~elie safety Chief of Police, subject to ratification of the city council. Upon the issuance of available cardroom licenses, the direeter ef ~uelie safety Chief of Police shall authorize the refund of any application fee to any persons who were not subject to investiga- tions. 5.20.060 License-Application prerequisites. required-Contents-rssuance An applicant for a cardroom license shall submit his appli- cation to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such appli- cation. The term "persons financially interested" shall include all persons who share in the profits of the business, on the basis of gross or net revenue, including landlords, lessors, lessees, the owner or owners of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. Tae eaief ef ~elice may deny any a~~lieant for a earareem lioenoe a licenoe ~e sperate ouch saLeroom ;.~cn, iR the o~inien ef tae chief ef ~elice, taere a~~ears te ee ~oea ea~sc '-Thy such I3ersen saould not e~erate a eardroom. 5.20.110 Games permitted, conditions. tie eara ~ames Clme~t ara.. ~elter, 10 eall I30lrer er contract or auetion erid~e may ee I31aycd in any lieensea eardroem; ~ro~iaea further, that the galRe af p:J.nguiRIJUC is of)ceifically and cl!19rcosly preail3itea All card qames which have been determined bv the Attornev General to be within the permissible sub;ect of local licensinq bv California cities mav be plaved in anv licensed cardroom on the followinq conditions. except that pai-qow. mav not. under anv circumstances. be plaved: 1. A written set of rules ("Games Rules") for a proposed card qame are on file with the Citv and have been 3 17i3~ approved. in writinq. bv the Chief of Police at the time of plavinq the qame. Said approval mav be amended. condi tioned or revoked from time to time in the sole discretion of the Chief of Police. 2 . A copv of the approved Game Rules showinq thereon the approval of the Chief of Police are posted in the Card- room in a conspicuous place readilv available to the pa- trons or prospective patrons and visiblefrom any seat at any card table on the premises. 3. The qame is played strictlY accordinq to said Game Rules. variations of the qame. unless specificallv described in the Game Rules. shall not be allowed. 5.20.120 Hours and days of operation. No card table licensed under the provisions of this code which is maintained or operated in connection with any other business shall be used for any card game from midniqht one o'clock a.m. to ~ nine o'clock a.m. of any day. All places which are devoted exclusively to the operation or maintenance of a card table bus- iness shall be kept closed each day from mianiqht one o'clock a.m. to ~ nine o'clock. No card table shall be used for any card game on Sunday. 5.20.160 Maximum number of tables on premiseS-Arrangement. No more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter. except that at cardrooms operatinq under two consolidated licenses. twelve tables shall be permitted, and said playing area shall be located on the ground floor and the tables shall be arranged so that the playing surface of each table shall be visible from the sidewalk or public walk immediately adjacent to the cardroom. The holder of a cardroom license may appeal the visibility requirement to the zoning administrator. 5.20.180 Bets and wagers permitted when. No bet or wager in any game shall exceed the sum of thirty dollars, and only table stakes shall be permitted. Ne-t~ackpotsL to the extent they are accumulated from all or a portion of the per hand charqe permitted bY section 5.20.190--i.e.. the Owner's reve- nues--and not the player's winninqs, shall be allowed. 5.20.190 Charges for game playing-Maximum designated. No charge in excess of four dollars per hour fifty cents ($.50\ per hand per player shall be collected from any player for the privilege of participating in any game. 4 / 1~--1/ 5.20.200 signs to be posted in cardroom-Contents. There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating that which qameS have been approved for play at said cardroom bv the Chief of Police. eRly aFa.: pel,eF, Is saIl pel,oF, aRa/sF eSRtrae~ sr auetieR sriaEjo is pormit~ea te so playea, aft9-stating the charge per hour exacted from each player for the privilege of playing. and statinq which tables are offerinq iackpots. In addition to the foreqoinq. each table shall identifY bv prominent siqn located thereon the qame which is current Iv beinq played at said table. 5.20.210 License-Revocation criteria. Licenses for cardrooms may be revoked in the manner and for the reasons set forth in section 5.02.180 et seq. of this code and for the further raaGeR eeRGiGtiREj sf a ~violation of any of the provisions of this chapter. The city may. but is not required. to impose a fine in lieu of revocation. SECTION II: That Master Tax Schedule at section 5.07.030, at the line items indicated thereon as 5.20.050, Card Table, is hereby amended to read as follows: 5.20.050, Card Table, Tax Rate from January 1, 1993 to January 31, 1993, $2,000 per month per table; payable quarterly. SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Richard P. Emerson, Chief of Police Bruce M. Attorney Presented by F: \home\attomey\cardrm4 5 17;3...-5 ALTERNATIVE NO.3 ORDINANCE NO. ';I..5:2.~ <2..J AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.20 AND SECTION 5.07.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CARDROOMS 5.20.060, 5.20.200 Code are SECTION I: That sections 5.20.030, 5.20.035, 5.20.110, 5.20.120, 5.20.160, 5.20.180, and 5.20.210 of Chapter 5.20 of the Chula vista hereby amended to read as follows: 5.20.040, 5.20.190, Municipal 5.20.030 License-Number permitted and transferability. The number of licenses authorized for issuance under the provisions of this chapter shall be limited, based upon the population of the city as shown upon the population certified by the state Department of Finance. The number so authorized shall be one per forty thousand residents or any fraction thereof. All such licenses shall be issued in accordance with the provisions of this chapter; provided, however, those persons holding a license to conduct cardroom operation upon the effective date of this section may continue to hold such licenses subject to the revocation provisions set forth in this chapter. Any license issued pursuant to this chapter may be transferred upon the approval of the chief of police to a person meeting all of the requirements for the initial issuance of such a cardroom license, subject to the ratification of the city council which approval mav be withheld in the sole discretion of the Chief of Police and which ratification mav be withheld in the sole discretion of the citv Council. and such approval and ratification may. but is not reauired to. be based entirelY or in part on the assessment bv the Chief of Police or. as applicable. the city Council. of the character of the proposed licensee. or when. in the opinion of the approvina or ratifvina entity. there appears to be aood cause whY such person should not operate a cardroom; provided, however, that with the exception of those licenses which have been issued prior to the effective date of the ordinance set forth in this section and section 5.20.040, no license may be so transferred unless the holder thereof has been operating a cardroom for three years at a fixed location in the city. For the purposes of this section. it shall be deemed to be a transfer of a license reauirina approval of the Chief of Police and ratification bv the city Council if a shareholder of a corporate licensee transfers any shares in the corporate licensee. It shall also be deemed to be a transfer of a license reauirina approval of the Chief of Police and ratification bv the city Council if a partner of a partnership licensee transfers all or any portion of his or her partnership interest. 1 11C -) ~< 5.20.035 consolidation-Permitted. Notwithstanding the provisions of section 5.20.160 regarding the maximum number of tables on premises, the citv council mav. in their sole discretion. qrant one additional license. but no more than one. to a person having an interest in or holding a license to any cardroom in the city may aIlply fer aR aElElitieRal available licenoe. er may aeE;{1:1ire a finuRcial iflt.e.re:st. iR aR aEiEiit.ieflo.l lieeRse but then onlv in accordance with the procedures set forth in this chapter and onlv if the total number of licenses issued. includinq consolidated licenses as two seoarate licenses. does not exceed the maximum oermitted bv section 5.20.030. If such application for an additional sinqle license is granted, the maximum number of tables permitted in the consolidation of two cardrooms is twelve (12). The mal!imum RlHllber ef tables permitteel iR 'Ehe eORoaliEiat:isn of three eararesmo is siu:t.eefl (16). 'Phe maximum Rumber of tables permitted iR the eSRDelielatioR ef four eardreems is t..eRty (20). No licensee mav obtain or have issued more than two licenses. A oerson shall be deemed to have an interest in. or hold. an existinq license if said oerson is a desiqnated licensee. if thev are oresentlv married to an existinq licensee. if thev are the oarent or child of an existinq licensee. if thev own shares in a corooration that owns a license or has a oartnershio interest in a license. if thev own a oartnershio interest in a oartnershio that has a license or owns shares in a corooration that owns a license. consolidation occurs whenever a cardroom licensee or a person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom. 5.20.040 License-Initial issuance procedure. El!cept fer cJrioting liccfHJCCEl at:] oet ferth ill Eest-isH (5.28.830, aAll applioaRtD fer available license~s shall comply with the provisions of this chapter. Any applicants requesting a license as permitted in section 5.20.030 shall pay a nonrefundable fee as presently designated, or as may in the future be amended, in the Master Fee Schedule, section 5.20.040, to cover the cost of investigation. No applicant requesting a license pursuant to this section may have any financial or other interest as set forth in section 5.20.035 in any other applioatioR beiR~ submitteel te eetaiR a-cardroom license. or aoolication oendinq therefore. Each application shall be totally independent and unassociated with any other application being submitted for the purpose of obtaining such a license. The initial period for issuance of new cardroom licenses shall be the month of May, 1977, and in the month of May 2 I/~ -;2. in subsequent years should there be additional licenses available. After the termination of the open period in May, no further li- censes shall be issued until the succeeding open period. In the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in section 5.20.030, based upon population, the dircctor af ~aalie safety Chief of Police shall conduct a public lottery to select those applicants who shall be investigated to determine if they are qualified to be issued any available cardroom licenses as approved by the direetar of ~ualie safety Chief of Police, subject to ratification of the city council. upon the issuance of available cardroom licenses, the direetar af paalie safcty Chief of Police shall authorize the refund of any application fee to any persons who were not subject to investiga- tions. 5.20.060 License-Application prerequisites. required-contents-rssuance An applicant for a cardroom license shall submit his appli- cation to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such appli- cation. The term "persons financially interested" shall include all persons who share in the profits of the business, on the basis of gross or net revenue, including landlords, lessors, lessees, the owner or owners of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. The ehief af Ilaliee may deRY aRY aIlIllieaRt far a careireelll lieenoc a licenoe te G]?crate: such earEirosm ,;heR, in the spinieR of the chief af pelicc, there appeare te se ~eea eauoc tolay SHea pCYElon ohauld Rat spcrate a car€lreem. 5.20.110 Games permitted, conditions. no card '!James elrccElt dra.. Elokcr, 10 ball poleor or cORtract ar aaetioR brid'!Je may ae playcd iR aRY liccRocd eardrooml Ilro~idcd farther, that the '!Jame af IlaR'!JuiHg"lie iC3 C3Elccifically aRd elfIlressly prehieitcd All card qames which have been determined bY the Attorney General to be within the permissible subiect of local licensinq bv California cities may be played in any licensed cardroom on the followinq conditions. except that pai-qow. Super Pan. California 22 and panquinque may not. under any circumstances. be played: 1. A written set of rules ("Games Rules") for a proposed card qame are on file with the city and have been 3 J7C--3 approved. in writinq. bv the Chief of Police at the time of olavinq the qame. said aooroval mav be amended. conditioned or revoked from time to time in the sole discretion of the Chief of Police. 2 . A copv of the approved Game Rules showinq thereon the approval of the Chief of Police are posted in the Card- room in a conspicuous place readilY available to the pa- trons or prospective patrons and visiblefrom anv seat at anv card table on the premises. 3. The qame is played strictlY accordina to said Game Rules. variations of the qame. unless specificallv described in the Game Rules. shall not be allowed. 5.20.120 Hours and days of operation. No card table licensed under the provisions of this code which is maintained or operated in connection with any other business shall be used for any card game from miaRi~R~ one o'clock a.m. to ~ nine o'clock a.m. of any day. All places which are devoted exclusively to the operation or maintenance of a card table bus- iness shall be kept closed each day from miaRi~ht one o'clock a.m. to ~ nine o'clock. No card table shall be used for any card game on sunday. 5.20.160 Maximum number of tables on premiseS-Arranqement. No more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter. except that at cardrooms operatina under two consolidated licenses. twelve tables shall be permitted, and said playing area shall be located on the ground floor and the tables shall be arranged so that the playing surface of each table shall be visible from the sidewalk or public walk immediately adjacent to the cardroom. The holder of a cardroom license may appeal the visibility requirement to the zoning administrator. 5.20.180 Bets and waqers permitted when. No bet or wager in any game shall exceed the sum of thirty dollars, and only table stakes shall be permitted. ~ackpots. to the extent they are accumulated from all or a portion of the per hand charae permitted bY section 5.20.l90--i.e.. the Owner's reve- nues--and not the player's winninqs, shall be allowed. 5.20.190 charqes for qame playinq-Maximum desiqnated. No charge in excess of four aollar3 per hour fifty cents ($.50) per hand per player shall be collected from any player for the privilege of participating in any game. 4 17 ~-I) 5.20.200 signs to be posted in cardroom-Contents. There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating taat which qames have been approved for plav at said cardroom bv the Chief of Police. only 9.ra\: polter, Ie ball ~e]ter, and/or contraet eY auet.isn eriEig-c is ~ermittea te Be playea, ~stating the charge per hour exacted from each player for the privilege of playing. and statinq which tables are offerinq iackpots. In addition to the foreqoinq. each table shall identifv bv prominent siqn located thereon the qame which is currentlv beinq plaved at said table. 5.20.210 License-Revocation criteria. Licenses for cardrooms may be revoked in the manner and for the reasons set forth in section 5.02.180 et seq. of this code and for tfie furtaer FeaGOn eensistinq of a ~violation of any of the provisions of this chapter. The citv mav. but is not required. to impose a fine in lieu of revocation. SECTION II: That Master Tax Schedule at section 5.07.030, at the line items indicated thereon as 5.20.050, Card Table, is hereby amended to read as follows: 5.20.050, Card Table, Tax Rate from January 1, 1993 to January 31, 1993, $2,000 per month per table; payable quarterly. SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by as t ~:Q ~ Richard P. Emerson, Chief of Police Bruce M. Boogaar , C1ty Attorney F:\home\attorney\cardrmS 5 17C -5 COUNCIL AGENDA STATEMENT ITEM I g' MEETING DATE 8/25/92 ITEM TITLE: Request from Bonita Business and Professional Association for $3,000 for shuttle bus and police services during the Bonitafest special event on Sept. 26 Public Information Coordinator W '1& J City Manager ~<51? (4/5ths Vote: No_ Yes-L) SUBMITTED BY: REVIEWED BY: At the meeting of July 21, Council referred to staff a written communication from the Bonita Business and Professional Association (BBPA) requesting $3,000 to provide shuttle bus and police services at the Bonitafest special event on Sept. 26, 1992. In the past, the proceeds from the event have paid for all or a portion of these costs. RECOMMENDATION: That Council deny the request for FY 92-93 and direct staff to reconsider the request during budget reviews for FY 93-94. BOARDS/COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: The Bonita Business and Professional Association has sponsored the Bonitafest special event since 1972. During these years this event has grown to include a parade, crafts fair, entertainment and other related activities. Even though most of the Bonitafest activities have traditionally taken place along Bonita Road in an area which is part of the City of Chula Vista, the City has not co-sponsored the event. The City does co-sponsor other special events such as Harbor Days, San Diego Symphony Pops Concert, Yuletide Parade and Arturo Barrios 10K Race. In these and other events in which the City is a co-sponsor, the City either initiated the event or received a request from other sponsors for co-sponsorship. For these events, requests for City services are evaluated by staff and, if approved, included in the budget for the Council's consideration. The request for funding of shuttle bus and police services for Bonitafest was received following approval of the FY 92-93 budget. The following summarizes what is requested: Shuttle services: A continuous shuttle service on Bonita Road from Willow Road to Otay Lakes Road to carry approximately 500 passengers to the staging area of the event has been requested. This is approximately the same service as the city was reimbursed for in 1991 (9.5 hours x $30 per hour = $285). This year's service wi 11 require one 35-foot bus with a driver during the event hours of 8:30 a.m. to 5:30 p.m., with a half-hour each for start-up and close-down times. Based on this estimate, 10 hours of shuttle service at the cost of $30 an hour will cost $300. However, if the City were a co-sponsor of Bonitafest, that cost could be reduced to $17.50 per hour for a total cost of $175. I ~ - ( PAGE 2, ITEM It MEETING DATE: 8/25/92 Police services: The initial planning information is that Bonitafest will include a parade, arts and crafts fair, and other activities which will require that the following streets be closed during the event: Willow Road at Sweetwater Road Bonita Road at Glen Abbey Road Bonita Road at Central Avenue Otay Lakes Road at Bonita Road (10 a.m. to 12 noon for parade only) Since most of the activities planned are the same as in 1991, the actual number of officers, hours of duty and costs incurred in 1991 (with the exception of the dance which is not planned for 1992) are used for the basis of this report. Last year (1991) four off-duty officers worked on overtime for a total of 50.5 hours at Bonitafest at a direct cost to the City of $1,727.19. In addition, six reserve officers provided security at the event, working a total of 48.5 hours, at a total cost to the City of $511.68. Of these costs, the Bonita Business and Professional Association paid $353.43 of the cost for reserve officers time and the 4-H Club, as sponsors of the dance, paid the remaining $158.25 of reserve costs. Through an oversight on the part of the City, neither BBPA nor the 4-H Club was billed for regular police officer overtime. This charge will be assessed for this year's event. To plan traffic control and security at the 1991 event, the City's Police Department has had several discussions with the Bonitafest Committee members. Following similar discussions this year, the Police Department recommends four (4) motorcycle officers, four (4) reserve officers and seven (7) Explorer Scouts. The lesser num6er of reserves this year is due to a decision on the part of the organizers to downsize the event and hire some private security. Traffic control and security needs are on-going throughout the event, with the largest impacts during the parade activities. Additional police reserves will be needed during the parade, but it has been the City policy not to charge for this trafic control reserve personnel. Taking into account the five percent salary adjustment received by all full-time police personnel in the past year and an assumption of 10.5 hours of staff time per person, the estimated direct cost for off-duty police officers for this event is $1,446 with an average overtime rate of $34.43 per hour. Reserve officer staff time is estimated at $211 based on an hourly cost of $10.55 and an assumption of five (5) hours of staff time per person. The total police cost estimate for this event is $1,657. OPTIONS: For this report, staff considered the following options: (1) Deny request and refer to budget cons i derat ions for FY 93-94. Wh il e several meetings were held with the organizers of Bonitafest beginning in the spring, this request was not submitted until after the City's budget process for FY 92-93 was completed. This option would mean that BBPA would reimburse the City for $300 for shuttle bus service, and reimburse the City for $1,657 for the direct cost of police services or hire a li~:l. PAGE 3, ITEM /~ MEETING DATE: 8/25/92 private company to provide security during the event. The City is already providing assistance to Bonitafest by waiving payment of business licenses to those participating in Bonitafest. (2) Approve the request and fully fund shuttle bus and police services. Also name the City as a co-sponsor of the event and credit such in the group's publicity. Co-sponsorship would mean that the shuttle bus would be charged at the City sponsorship rate ($175). This would total a cost of $1,832. 3) Approve this request for City co-sponsorship at a 50% level. The total cost would be the same as in Option (2), but the City would bear $916 of this cost with the remaining $916 paid by the BBPA. FISCAL IMPACT: Option (1) would have no fiscal impact. Option (2) would have the fiscal impact of $175 for bus service and $1,657 for police services. This $1,832 would have to be appropriated from the unappropriated general fund balance. Option (3) would have a fiscal impact of $916. A:BFEST /t..,3 August 21, 1992 TO: Honorable Mayor and City Council John D. Goss, City Manager~ Reimbursements for Public Safety Services Provided to the Port FROM: RE: Over the past two years, City staff have been negotiating with the San Diego Unified Port District (SDUPD) concerning reimbursements for police and fire services provided by the City to the non-tax-paying properties of the Port. An agreement was reached this week for the following reimbursements: 1. For the past fiscal year (1991-92), the City will be reimbursed a total of approximately $396,000. 2. For the current fiscal year (1992-93), the City will be reimbursed a base figure of roughly $396,000, which will be adjusted for additional salary and benefit expenses incurred by the City. The actual total will also depend upon (a) the number of police calls for service on the non-tax paying properties on the tidelands (the $396,000 base assumes that the FY 1992-93 call volume will approximate 1991-92 levels) and (b) the actual police and fire wage increases for the year (an average 4% increase would raise FY 93 reimbursements to approximately $412,000). 3. For FY 1990-91, the City will be reimbursed a total of $88,333, adjusted upward to account for wage and wage-related increases incurred by the SDUPD in that year. The base figure of $88,333 represents the total reimbursement under the pre- existing 1989-90 contract for police servcies. Staff anticipate that reimbursements for 1990-91 will range between $92,000-$95,000. The proposed agreement is expected to go before the Port Commission on August 25th. Once approved, the City will invoice the SDUPD for the amounts due for fiscal years 1990- 91 and 1991-92, approximately $489,000. The reimbursements for FY 1992-93 will be billed and paid quarterly. Overall, the City expects to receive approximately $901,000 during the current year, covering reimbursements for the three fiscal years 1990-91 through 1992-93. In the current year's budget, $495,000 was budgeted for current and past reimbursements from the SDUPD. As such, a net increase in revenue of $406,000 is anticipated. In the near future, staff from the City and SDUPD will develop a contractual agreement covering reimbursements for public safety services. This proposed contract will be brought to Council for approval. The recent agreement with the SDUPD represents the culmination of the work of staff throughout the City over a two-year period. J9~1 MEMORANDUM August 21, 1992 TO: The Honorable Mayor and City Council FROM: Councilman David Malcolm SUBJECT: Bonita Golf Lodge Joelen Enterprises currently has an Exclusive Negotiating Agreement (ENA) with the City to build a golf resort hotel adjacent to the Bonita Golf Course. On June 2, 1992, Council extended the ENA period through November 1992, partially to allow for further evaluation of the need for an ElR. Staff has since determined that an EIR is reQuired. An expedited schedule has been prepared concluding with a joint Planning Commission and Council meeting in December 1992. In light of the increased costs of an EIR, as well as the business risks relating to carrying a project (originally approved in concept in April 1991) over to a potentially new set of decision- makers lacking the historical continuity, Joelen Enterprises has requested some assurances from the City prior to incurring major additional financial obligations. Joelen's request requires a policy decision by the Council which I am recommending be addressed at the August 25 Council meeting. Specifically, I am recommending that Council approve Joelen's request via the adoption of a second amendment to the ENA. The amendment provides for reimbursement of costs incurred by the develooer in the event that the EIR. or the proiect itself. is not aooroved by the City. or similarly. in the event that the proiect is precluded by a change of land use. Costs eligible for reimbursement shall not exceed $114.220 (based uJlOn the following: ElR contract costs of $66.220: related staff processin!!: fees of $8.000: and. estimated architectural and engineering costs of $40.000). This recommendation is based upon the following factors: I. The proposed project is estimated to generate approximately $1 million annually in Transient Occupancy Taxes, lease payments, share of operating revenues and property taxes - a factor of vital significance to the City in light of current budget realities. (This economic benefit compares favorably to an annual income of less than $20,000 from the other proposed projects, with the park proposal actually costing the City for operation and maintenance). 2. The project was selected by Council as the preferred land use to optimize the value of this City-owned property. The current recession imposes harsh short-term realities in terms of market conditions and financing options which argue for a proactive position on the City's part to help ensure that a desirable economic development project move forward. '2Jb - } The Honorable Mayor and City Council August 21, 1992 Page Two 3. The City of Chula Vista should be prepared to enter into creative partnerships which aggressively promote entrepreneurial activity when determined to be in the City's best interest. 4. Precedent for a similar arrangement exists in the case of the Palomar Trolley Center project wherein the City has contributed $250,000 for the EIR and related costs prior to project approval. Staff have been involved in discussions with the developer and are aware of their request. An ENA amendment has been prepared for adoption per my request and will be available on August 25. While this recommendation would provide the types of assurances needed by Joelen Enterprises to move forward in negotiations with their investors and to proceed to take the project through the City's review process, it is not intended to waive any rights on the City's behalf to ensure that all land use, environmental, regulatory, and design standards are met, nor to preclude the City from stipulating lease terms that are clearly in the City's best interest. DM/CLD/ak Attachment: June 2, 1992 Agenda Statement N.r S'A "#lEI) [A:\MALRECS.MEM] 1/5 - Dye 2J h ~:L COUNCIL AGENDA STATEMENT Item 7 Meeting Date 06/02/92 ITEM TITLE: Resolution / ~~ -y,5' Approving and authorizing execution of the attached first amendment to the Exclusive Negotiation Agreement with Joelen Enterprises for the negotiation of a Disposition and Development Agreement for a proposed golf resort hotel SUBMITI'ED BY: Community Development Director ( ?1, REVIEWED BY: City ManageZ9 (4/5ths Vote: Yes No..xJ BACKGROUND: In June 1990, the City issued a Request for Proposals (RFP) for development of City-owned property adjacent to the Chula Vista Municipal Golf Course in the 4400 block of Bonita Road. Six proposals were received with two subsequently withdrawn. On April 23, 1991, Council directed staff to prepare an Exclusive Negotiation Agreement (ENA) with Joelen Enterprises for development of a golf resort hotel. Council also requested Joelen Enterprises to prepare a market feasibility study to submit with the proposed ENA. The original deadline of 120 days for these two items was extended by Council to November 1991. On November 26, 1991, a Preliminary Market Feasibility Study was accepted by Council and an ENA was approved. The ENA was for a period of 120 days (through April 8, 1992) with the City Manager authorized to extend by 60 days. If a longer extension were found to be necessary, staff was directed to return to Council within 60 days of the ENA'S expiration. RECOMMENDATION: Staffis recommending that Council approve the resolution extending the ENA with Joe1en Enterprises for a period of 180 days. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Proiect Status The tasks required to be completed by Joelen Enterprises under the existing ENA and their status are delineated below: '}, I b -<..:3 ~. -, Due Date Page 2, Item 7 Meeting Date 06/02/92 ~ 11/26/91 Submitted (attached) 3/9/92 Submitted (attached) 3/9/92 Submitted 4/8/92 Outstanding 4/8/92 Submitted (attached) 1. Preliminary market study 2. Memorandum of Understanding with American Golf Corp. 3. Preliminary Site Plan 4. Project Feasibility Study/Pro Forma 5. Initial Study Application & Deposit The one outstanding task is the comprehensive feasibility/pro forma analysis. However, it is proposed that the deadline for this task be revised and designated in the extended ENA period pending further environmental studies and project refinement. The project's Initial Study application has been reviewed by pertinent City departments. Various issues have been raised that will require specific studies, including traffic, flooding and noise. Staff is currently evaluating the need for an EIR to be conducted. The project's Pro Forma analysis will need to incorporate both the costs of the studies ultimately required and the costs of the resulting mitigations. However, Joelen Enterprises will be required to provide a Preliminary Income and Expenses Pro Forma analysis (the market study was Phase I) by August 1992, and the final comprehensive feasibility analysis upon completion of all environmental studies. Extended ENA It is important to note that Joelen Enterprises has authorized the City to proceed with hiring a consultant to conduct the required traffic study which will address ingress and egress issues including the impact upon the Otay Road and Bonita Road intersection, as well as parking issues relating to the hotel, golf course, and joggers. Additionally, Joelen has executed a contract with Rick Engineering to conduct the topographical survey to identify flood elevations. These two studies are key to determining environmental mitigations and related costs, and therefore project feasibility . FISCAL IMPACT: Approval of the extended ENA will have no direct fiscal impact on the City other than the continued cost of staff time to administer the ENA and negotiate related agreements (lease, Disposition and Development Agreement, etc.). Previous analysis estimates that the project ultimately will generate approximately $1,000,000 per year in Transit Occupancy Taxes, lease payments, percentage operating revenues, and property taxes. [C:IWPSllCOtlNCll.1l 13SIJOELEN-2.1 13] ;Llh J4 .?~ ~- FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOELEN ENTERPRISES FOR NEGOTIATION TOWARDS A DISPOSmON AND DEVELOPMENT AGREEMENT FOR A PROPOSED GOLF RESORT HOTEL This agreement hereby extends the Exclusive Negotiation Agreement (ENA) between the City of Chula Vista and Joelen Enterprises dated November 26, 1991, for an additional 180 days from Council approval by resolution of the amendment. During the term of the extended 180 day ENA, the following tasks shall be negotiated and completed by Joe1en Enterprises within the timeframes specified: Task Due Date 1. Topographic Survey July 10, 1991 3. Air and Noise Studies July 10, 1991 August 31, 1991 2. Traffic Study 4. Master Plan for Golf Course and Hotel, Including Identification of Golf Course Improvements August 31, 1991 5. Preliminary Income and Expense Pro Forma August 31, 1991 6. Drainage Study September 30, 1990 September 30, 1990 7. Identification of Historical Artifacts Space 8. Revised Site Plan, showing architectural design, traffic circulation, on- and off-site improvements, parking and jogging trails October 30, 1991 9. Agreement between American Golf Corp. and Joelen Enterprises including policy regarding available golf times October 30, 1991 10. Lease Agreement between City and Joelen Enterprises November 30, 1991 11. Financing Income and Expense Pro Forma November 30, 1991 12. Project Development Schedule and Identification of Financing Source November 30, 1991 ;lib-S ~ rIHY-~~-~~ IHU ~O;~~ r-all:;ll.Qo HAY-28-92 THU 14:21 COl1l1UN ITI DEVELOPMENT FAX NO. 6194765310 P.03 The tilnem..m.es speclfl.ed reptesclIt reasonable e.snm.v, of feasible completion dates, but may be xev1sed upcnl City staff authorlmtian to reflect ch:u1sing needs. Except as specifical1y amended. aU ~ tc:rnU and conditions ,hall rerna1n the sarno and In full force and effect. In witness whereof, Ageooy and JoeIen Enterprises have ~tcd this Amendment to 1M 0ritWl Apement tb1I2nd dq of JUIlll 1992. THE crrY OF CHULA VJS1'A Dam: Tin1 Nader, Mayor Attest: Beverly Aulhe1et, City CleI:k Approved u to ronn: BtuCe M. Boogaard City Attorney 10ELEN liNI'J!lU>RISBS Date: fJPJt 5J.~_ frj]/ ~-;g;: jjJ,~ (Cr\WJ$I~-<<'CI'IJ 2 21 fa -C:, '7" JI