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Home My WebLink About2008/05/06 Agenda Packet I declare under penalty 01 perjury that I am employed by the City 01 Chula Vista in the Office 01 the City Clerk and that I posted this document on the bulletin board accordinllttll, Brown Act requirements. ~'f ~ ~ . c: ?~1?a?~ ated "J - 2. - 06 Signed " ---- ~-- ~~- ~ Cln' OF (HULA VISTA AJe;t Cheryl Cox, Mayor Rudy Ramirez, Counci Imember David R. Garcia, City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Donna Norris, Interim City Clerk Steve Castaneda, Councilmember May 6, 2008 4:00 P.M. Council Chambers City Hal! 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY FINANCE DIRECTOR MARIA KACHADOORIAN OF EMPLOYEE OF THE MONTH, ROSY BARAJAS, ACCOUNTING TECHNICIAN . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING & BUILDINGIBUILDING OFFICIAL AND BEN WEST, CHAIRMAN OF THE BOARD OF APPEALS & ADVISORS, PROCLAIMING MAY 5 THROUGH MAY 11,2008 AS BUILDING SAFETY WEEK . PRESENTATION BY MAYOR COX OF PROCLAMATIONS PROCLAIMING WEDNESDAY, MAY 7, 2008 AS PEACE OFFICERS MEMORIAL DAY TO THE FAMILIES OF FALLEN BORDER PATROL AGENTS ERIC CABRAL AND JAROD DITTMAN . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MARTIN BARROS, CHAIRMAN FOR CHULA VISTA ELKS YOUTH ACTIVITIES, ALONG WITH ROY JENNESS, EXALTED RULER AND MIKE CORTEZ, SCHOLARSHIP CHAIRMAN, OF CHULA VISTA ELKS LODGE 2011, PROCLAIMING MAY 1 THROUGH MAY 7, 2008 AS YOUTH WEEK Page 1 - Council Agenda htto: ,iwww.chulavistaca.gov May 6, 2008 CONSENT CALENDAR (Items 1 through 9) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removedfor discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. WRITTEN COMMUNICATIONS A. Memorandums from Councilmember Steve Castaneda requesting excused absences from the City Council Meetings of April 15 and 22,2008. Staff recommendation: Council excuse the absences. B. Letters of resignation from: Sonny Chandler, Commission on Aging; Helen Marie Stokes, Commission on Aging; Frances E. Cornell, Cultural Arts Commission; Bertha J. Lopez, International Friendship Commission; Kathleen Marshall, International Friendship Commission, and Chelsea Rodriguez, Youth Action Council. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING A CONTRACT FOR THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW-236)" PROJECT TO ZONDIROS CORPORATION IN THE AMOUNT OF $157,110 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CAPITAL IMPROVEMENT PROJECT SW-234 "SEWER IMPROVEMENTS ON COLORADO BETWEEN J AND K" TO THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW-236)" PROJECT IN THE AMOUNT OF $148,071 TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) On April 2, 2008, the Engineering & General Services Director received sealed bids for this project which provides for the replacement of approximately 600 feet of existing 10- inch vitrified clay pipe (VCP) with 12-inch poly vinyl chloride (PVC) pipe within Center Street, adjacent to the Police Department. Adoption of the resolutions awards the bid and authorizes the transfer of funds. (Engineering and General Services Director) Staff recommendation: Council adopt the resolutions. Page 2 - Council Agenda http://v./ww .ch ulavlstaca. gOY May 6, 2008 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF ASSESSMENT DISTRlCT NO. 2001-1 OF THE CITY OF CHULA VISTA ORDERlNG JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND THE MUNICIPAL IMPROVEMENT ACT OF 1913 As part of the City's fiduciary role in administering Assessment Districts and Community Facilities Districts, Finance staff has been working with NBS, the City's special financing district administrator, to address delinquent payments of special assessments. Five parcels within the 2001-1 Reassessment District have been identified as being delinquent and now face judicial foreclosure as required by the Bond Indenture. Letters were sent to the property owners notifying them of the judicial foreclosure and requesting payment of the delinquent assessments in order to avoid such action. To date, no payments have been received. (Finance Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRlATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE CLICK IT OR TICKET PROGRAM (4/5THS VOTE REQUIRED) The California Office of Traffic Safety awarded $10,000 to the Police Department for the Click It or Ticket program in support of the national program. Adoption of the resolution allows the Police Department to utilize the grant funds for seat belt enforcement on an overtime basis, with the goal of increasing seat belt use statewide. (Police Chief) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $1,000 DONATION FROM WAL-MART STORE NO. 2479 AND APPROPRlATING SAID FUNDS INTO THE FISCAL YEAR 2008 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET (4/5THS VOTE REQUIRED) The Police Department received a $1,000 donation from Wal-Mart store No. 2479. The funds will be used to purchase equipment and supplies for the Police Department. (Police Chief) Staff recommendation: Council adopt the resolution. 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRlATING $325,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SAFETY FUND FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT (4/5THS VOTE REQUIRED) Page 3 - Council Agenda htW://www.chulavistaca.goy May 6, 2008 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 11 POLICE MOTORCYCLES TO HUNTINGTON BEACH HONDA The Police Department receives funds from each traffic related ticket that is written. These funds are deposited into the Traffic Safety Fund. The Police Department is requesting an appropriation of $230,000 from the Traffic Safety Fund for the purchase of motorcycles and to accept bids and award a contract for the purchase of 11 police motorcycles to Huntington Beach Honda. The department is also requesting an additional appropriation of $95,000 from the Traffic Safety Fund to purchase traffic safety equipment. (Police Chief) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $335,070 GRANT FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE CALGRIP GRANT AND DIRECTING STAFF TO INCLUDE FUNDING IN THE FISCAL YEAR 2009 POLICE DEPARTMENT GRANT BUDGET; APPROVING THE ADDITION OF ONE PEACE OFFICER TO THE AUTHORIZED POSITION COUNT OF THE POLICE DEPARTMENT (4/5THS VOTE REQUIRED) The Chula Vista Police Department recently received notice that the Department had been awarded the California Gang Reduction, Intervention and Prevention (CalGrip) grant from the Governor's Office of Emergency Services. This grant is for a total of $335,070 and will focus on a gang prevention, intervention and suppression project focused on the western portion of the City for a two-year project running from July 1, 2008 through June 30, 2010. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING POSTING OF "NO ALCOHOL" SIGNS AT HARBORSIDE PARK Harborside Park, located at 670 Oxford Street, was opened in May of 2006. Since its opening, the rate of violent and disorder calls at the park have increased 252% over the rate in 2006; from a 2.1 per acre per year to 7.4 per acre per year. Alcohol use is a factor in 29% of all calls to the park, and 31 % of the parks disorder calls. Municipal Code Section 2.66.043 makes it unlawful to consume or possess an alcoholic beverage without a permit within any City park if signs are posted prohibiting such activity. In order to post the signs, the Municipal Code requires a City Council resolution finding that the park, or a portion thereof, is experiencing problems with the public's consumption of alcohol. Adoption of the resolution makes said finding and approves the posting of the signs, which will assist the Police Department with enforcement activities. (Police Chief) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda http://www . chula vistaca. ~ov May 6, 2008 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT OF FUNDS FROM THESE PROGRAMS, AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS FOR FEDERAL ASSISTANCE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPROVING THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN AND AUTHORIZING THE NECESSARY APPROPRIATIONS TO FUND THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN (4/5THS VOTE REQUIRED) As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and City departments to provide decent housing, economic opportunities and provide a suitable living environment for low and moderate-income persons. On March II, 2008, the City Council held a Public Hearing on the 2008/2009 CDBG, HOME and ESG funding recommendations. Adoption of the resolution approves the final Action Plan which contains the spending plan, as well as the 2007/2008 amended Action Plan to reallocate unencumbered or unexpended CDBG funds. (Redevelopment and Housing Assistant Director) Staffrecommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF ACCEPTANCE OF THE FISCAL YEAR 2006/2007 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department was awarded $437,890 in Supplemental Law Enforcement Services Fund grant funds to be used to offset the Over Hire program in Fiscal Year 2009. (Police Chief) Page 5 - Council Agenda http://y../ww .ch ulavistaca. gov May 6, 2008 Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $437,890 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) AND DIRECTING STAFF TO INCLUDE $437,890 IN THE FISCAL YEAR 2009 BUDGET OF THE SLESF GRANT FUND OTHER BUSINESS II. CITY MANAGER'S REPORTS 12. MAYOR'S REPORTS 13. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case 15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor No. 6440801000 Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore Under Negotiation: Price and Terms 16. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 ADJOURNMENT to the Regular Meeting of May 13, 2008 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-50415041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655 at least forty-eight hours in advance for meetings and five days for scheduled services and activities. California Relay Service is also available for the hearing impaired. Page 6 - Council Agenda http://www .ch ulavistaca. gOY May 6, 2008 ~I~ ~--~ ~-~~ Councilmember Steve Castaneda City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO ellY OF CHUlA VISfA Monday, April 21, 2008 TO: Mayor and City Councilmembers cc: City Manager, City Clerk, City A FROM: Councilmember Steve Castaned RE: Absence from Office Please excuse my absence, due to urgent personal matters, from the City Council Meeting of April 15, 2008. Thank you. (A-I ~ \ ft.- -.- . - ---- ~=-- - Councilmember Steve Castaneda City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO ellY OF CHUlA VISTA Wednesday, April 23, 2008 TO: Mayor and City Councilmembers RE: City Manager, City Clerk, City Attorney Councilmember Steve CastmArA,v Absence from Office ~. cc: FROM: Please excuse my absence, due to urgent personal matters, from the City Council Meeting of April 22, 2008. Thank you. I A-1- -----Original Message----- From: john acosta Sent: Tuesday, April 29, 2008 1:S7 PM To: Margarita Cella no; ann perry; Helen Marie Stokes; Kathy Wigginton; Neil Wright Subject: RE: Commissioner Chandler stepping down Follow members of the Commission on Ageing, As we all know Commissioners Sonny Chandler, health is not as well as we would like it to be, I have being communicating with her since, I found out that she fell ill. I talk to her on the week of April 14t\ 2008 and week of April 21 st, 2008 and again today, On the week of April 14th, 2008, I was told by Commissioner Chandler,That "She was considering stepping down from the Commissioner due to her health" At that time I ask to her to think about it. And to let me know of her decision. Today April 29th, 2008 at 12:30 p.m. I was told by Commissioner Chandler, That; "She is stepping down, from the Commission, effective immediately, due to her health. She mentions that "She wants take care of health, and will draft or write a letter when she gets better." I think that we the commission should get a card or write a letter thanking her for the time that she spend with the commission c/u John I n I /.(')_/ ) ,'<".' ; The Honorable Mayor Cheryl Cox and Council Members City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Cox: RE: Resignation from the Commission on Aging 7 April 25, 2008 Helen Marie Stokes ~11 ,/ru~ ((; ~ 0 W ~-- IInJI APR 2 ~ 2DDs ~ ~~~NCIL OFFICES . - LA '1STA, CA I am submitting my resignation from the City's Commission on Aging. I feel very honored and privileged to have served on the Commission, first as a charter member, and most recently for a second time. However, I feel it is time for me to step down to allow others to serve on this most worthwhile commission. Thank you for your consideration of this matter. Sincerely, ,YAh,-.~~. Helen Marie ::itoirel\(J ~l ~ "'h ... Cl If! ~ '....-' \-0 '::2 u: ;:>u.. o <! ..J U) :::>- ::c"" offi u.. ..J aO >->- 1-1- UU t-" ,~ W > W (.) W 0::: ~ E: co N c:: !2 ~ ! 13- z.. ..Zo,:;. RECEIVED Bonita, California 91902 '08 APR 24 P12 :25 April 20, 2008 CITY OF CHULA VIS T i, CITY CLERK'S OFFICE Office of the City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Donna Norris, Interim City Clerk, Please accept this letter as formal notification of my resignation from the Cultural Arts Commission effective April 30, 2008. The members of the Commission and city staff were notified verbally at our meeting of March 10, 2008, and I attended my last official meeting on April 14. It has been my great, great pleasure to serve on the Arts Commission and the second Bayfront Citizens' Advisory over the last several years, and it has been wonderful to work with such a dedicated group. I do intend to continue my involvement in volunteerl community service, but at a greatly reduced level for the time being as my husband and I plan to catch up on projects and to travel. It is time for a sabbatical, but I have assured my colleagues on the Arts Commission that I will try to be available to assist with special projects. Si,n~, r ..~&. Frances E. Cornell c~ ,~ ~ /8-3 Sent: Wed, 30 Apr 2008 Subject: Resignation Notice Attention: City of Chula Vista Mayor and Councilmembers, This email will serve as my notice of resignation as a Commissioner for the International Friendship Commission with an effective date of May 1, 2008 due to the fact that the IFC meets on the same day & time as the San Diego County School Boards Association. I will continue to serve and be an active leader for this community. Sincerely, Bertha J. Lopez I r;2 LJ ,,/~)_. / I, , 10 ~ ~ ~ nn~lfn) II APR 2 8. 2008 .~ COUNCIL OFFICES CHULA VISTA. CA Chula Vista, CA 91913 April 24, 2008 Mayor Cheryl Cox 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Cox: Effective immediately, I hereby resign as Commissioner for the International Friendship Commission. Sincerely, -i<,; hlut! /'l~1(5A;'I/ Kathleen Marshall Vice Chair International Friendship Commission City of Chula Vista .~ cc: Aya Ibarra Chair International Friendship Commission 0 ' ::. 1~1-.; 1:0 t--L) C ~'...L W E: :>u.. <>;:0 > -' (/) ~ ~. W =x: <:; IS: uO:: UJ W u...-' cc au 0:: >->- !B t-t- <:>u /13-6 From: Chelsea Rodriguez Sent: Thursday, April 24, 2008 5:07 PM To: Jennifer Quijano Subject: Re: following up To Whom It May Concern I, Chelsea Rodriguez, am resigning from the Youth Action Council as of the next regularly scheduled meeting date. Despite the fact that the Y AC has been an organization that I have worked with for four years now, I feel as if! need to pare down on my extracurricular activities and concentrate on other pertinent priorities in my life. I wish all those still involved in the Y AC the best of luck. Thank you for your understanding and please, feel free to contact me at any time. Thank you once again. /8-/::' CITY COUNCIL AGENDA STATEMENT ~\~ ellY OF '~CHULA VISTA 5/06/08, Item 2.. SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW- 236)" PROJECT TO ZONDIROS CORPORATION, IN THE AMOUNT OF $157,110 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CAPITAL IMPROVEMENT PROJECT SW-234 "SEWER IMPROVEMENTS ON COLORADO BETWEEN J & K" TO THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW-236)" PROJECT IN THE AMOUNT OF $148,071 TO COMPLETE THE PROJECT DIRECTOR OF ENGEG AND GENERAL SERVICE~ CITY MANAGER ASSISTANT CITY ANAGER S'-- 4/5THS VOTE: YES IZI NO 0 ITEM TITLE: SUMMARY On April 2, 2008, the Director of Engineering and General Services received sealed bids for the "Center Street Sewer Replacement in the City of Chula Vista (SW-236)" project. This project provides for the replacement of approximately 600 feet of existing lO-inch vitrified clay pipe (VCP) with l2-inch PVC pipe within Center Street, adjacent to the City of Chula Vista Police Department. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 [Existing Facilities, with negligible expansion] of the State CEQA Guidelines. Therefore, no further environmental review is necessary. 2-1 5/06/08, ItemL Page 2 of 4 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION General This project provides for the removal and replacement of approximately 600 feet of existing 10- inch vitrified clay pipe (VCP) with 12-inch PVC pipe within Center Street, adjacent to the City of Chula Vista Police Department. The improvement will address capacity and maintenance deficiencies associated with the existing lO-inch pipe. The work also includes all labor, materials, furnishing and installation of four new manholes, equipment, transportation, protection of existing improvements, and traffic control necessary for the project and other work necessary to render the new improvements complete and workable. Also for consideration is the authority of the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574-01, if a change order causes the cumulative increase in change orders to exceed the "Maximum Aggregate Increase in Change Orders" that may be authorized by the Director of Public Works, then City Council approval is required. The contract amount for the subject project is $157,110. The corresponding maximum aggregate increase is $13,997.70. However, approval of tonight's resolution will increase the Director of Public Works authority to approve change orders as necessary up to the contingency amount of $31,422.00, an increase of $17,424.30 ($31,422.00 - $13,997.70), and will authorize staff to expend all available contingencies and to increase the value of the contract, as necessary, caused by unforeseeable conditions. Unforeseen conditions (i.e. utility conflicts, requirement of extra pipe, unexpected laterals, etc.) may cause increases in quantities beyond what was anticipated during the preparation of the project's plans and specifications. A typical "unforeseen condition" would be an underground utility conflict that could not be anticipated during the design phase of the project. Oftentimes, design revisions are necessary to address these conflicts. As a result, relocation of utilities and/or realignment of the new pipe may be required, as well as any corresponding additional materials, necessitating the issuance of a "Change Order" to the contract. This is a typical situation with most sewer rehabilitation projects. Bidding Process General Services' staff prepared specifications and advertised the project. Staff received and opened bids for the project on Apri12, 2008. Bids were received from eleven (11) contractors to perform the work as follows (listed in order of base bid amount): 2-2 5/06/08, Item 2- Page 3 of 4 Base Bid Amount $157,110 $178,375 $181,450 $188,000 $209,735 $218,095 $218,980 $227,050 $241,044 $253,460 $272,218 The low bid submitted by Zondiros Corporation is below the Engineer's estimate of $175,000 by $17,890, or approximately 10.2%. Staff s bid estimate was based on average prices for similar type of work completed during the last three years. Staff checked the references provided by the contractor. All references were verified and their work has been determined to be satisfactory. Their Contractor's License No. 766708 is clear and current. Staff has reviewed the low bid and is recommending awarding the contract to Zondiros Corporation of San Marcos, California, in the amount of$157,110. Disclosure Statement Attachment 1 is a copy of the contractor's Disclosure Statement. Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Councilmember Castaneda has property holdings within 500 feet of the boundaries of the property that is the subj ect ofthis action. FISCAL IMPACT At this time, staff is recommending transferring existing funds from SW-234 to SW-236 as necessary to complete the project. A breakdown of the project costs is as follows: FUNDS REQUIRED FOR PROJECT A. Construction Contract A ward Amount (Zondiros Corporation) B. Contingencies (approximately 20% of construction costs) C. City Staff Costs Planning! EnvironmentaV Public Works/ GIS (2%) Preliminary Engineering/Studies (8%) Surveying (5%) Design/Project Management (25%) Construction Inspection (8%) $157,110 31,422 5,630 27,929 17,299 90,380 29,149 TOTAL FUNDS REQUIRED FOR PROJECT $358,919 2-3 5/06/08, Iteml Page 4 of 4 FUNDS AVAILABLE FOR PROJECT Trunk Sewer Fund Interproject Transfer from SW-234 (Sewer Imps. Colorado St.) $210,848 148,071 TOTAL FUNDS AVAILABLE FOR PROJECT $358,919 There is no impact on the General Fund for this sewer improvement project. Upon completion of the project, the improvements will require only routine City sewer maintenance, which is funded from the Sewer Service Fund. ATTACHMENTS 1 - Contractor's Disclosure Statement Prepared by: Alan Reyes, P.E., Associate Civil Engineer, General Services M:IGeneral ServiceslGS AdministrationlCouncil AgendalSW236 Center St Impvts \A 1 13 - SW-236 Rev 04-21- 08ml. doc 2-4 ATrACHMENT / City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner) applicant, contractor, subcontractor, material supplier. 10M 2oNbi/2i.J:5 C~G, 1?,~f2.,y' 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person" identified pursuant to (I) above is a non-profit organization or 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. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this malter. TOM '~t--J.D;,Cl.'Q 5 Ct>-A (c; RAf)f<--l/ ( 5. Has any person" associated with this contract had any financial dealings with an official"" of~ City ofChula Vista as it relates to this contract \vithin the past 12 months? Yes_ No~ If Yes, briefly describe the nature of the financial interest the official.* may have in this contract. 15 M:\General Services\Design\SW-236\SW-236 Center Street Sewer Improvements Contract ~ Final Draft.doc 2-5 6. Have you made a contribution of more than $2~thin the past twelve (12) months to a CWTent member of the Chula Vista City Council? No _ Yes _ !fyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula Vista in the past twelve (12) months? (~clUdes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No_ !fYes, which official" and what was the nature of item provided? Date: 4-( \ \o?) , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 16 M:\General Servi~es\Design\SW~236\SW~236 Center Street Sewer Improvements Contract ~ Final Draft.doc 2-6 RESOLUTION NO. 2008-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING A CONTRACT FOR THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW-236)" PROJECT TO ZONDIROS CORPORATION IN THE AMOUNT OF $157,110 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT WHEREAS, the project will replace approximately 600 lineal feet of 10" vitrified clay sewer pipe with 12" PVC sewer pipe in Center Street in the City of Chula Vista; and WHEREAS, the project will include all labor, materials, equipment, transportation, protection of existing improvements and traffic control necessary for the project and other work necessary to render the new improvements complete and workable; and WHEREAS, City staff has prepared plans and specifications for the "Center Street Sewer Replacement in the City ofChula Vista, (CIP No. SW-236)" project; and WHEREAS, On April 2, 2008, the Director of General Services received eleven (11) sealed bids for the "Center Street Sewer Replacement in the City of Chula Vista, (CIP No. SW- 236)" project; and WHEREAS, tonight's action will award the contract to the lowest qualified bidder, Zondiros Corporation, according to their submitted base bid totaling $157,110; and; WHEREAS, staff has verified the references provided by the contractor; and WHEREAS, staff has reviewed the bid and is recommending awarding the contract to Zondiros Corporation of San Marcos, California; and WHEREAS, approval of tonight's resolution will increase the Director of Public Works Operations' authority to approve change orders as necessary and authorizing the expenditure of all available funds in the project; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines; and 2-7 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award a contract in the amount of $157, 110.00 for the "Center Street Sewer Replacement in the City of Chula Vista, (CIP No. SW-236)" to Zondiros Corporation of San Marcos, California and increase the Director of Public Works Operation's authority to approve changes orders as necessary to construct the "Center Street Sewer Replacement in the City of Chula Vista, (CIP No. SW -236). Presented by Approved as to form by Jack Griffin Director of General Services ~i~~~~. Ann Moore City Attorney 2-8 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CAPITAL IMPROVEMENT PROJECT SW-234 "SEWER IMPROVEMENTS ON COLORADO BETWEEN J & K" TO THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW-236)" PROJECT IN THE AMOUNT OF $148,071 TO COMPLETE THE PROJECT WHEREAS, City staff has prepared plans and specifications for the "Center Street Sewer Replacement in the City ofChula Vista, (CIP No. SW-236)" project; and WHEREAS, unforeseen circumstances may cause an increase in quantities beyond what is anticipated during preparation of the project specification and all underground projects have a level of risk due to the unknown challenges that could be encountered under the surface; and WHEREAS, staffrecommends an interproject transfer from existing capital improvement project SW-234 "Colorado Between J & K" to the "Center Street Sewer Replacement in the City of Chula Vista, (CIP No. SW-236)" project in the amount of $148,071 to complete the project; and WHEREAS, the SW-234 "Colorado Between J & K" has sufficient funds to transfer $148,071 to the "Center Street Sewer Replacement in the City of Chula Vista, (CIP No. SW- 236)" project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorize an interproject transfer from existing Capital Improvement Project SW-234 "Sewer Improvements on Colorado between J & K" to the "Center Street Sewer Replacement in the City of Chula Vista, (CIPNo. SW-236)" Project in the amount of $148,071 to complete the Project. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services ~~\\\y~\ Ann Moore City Attorney 2-9 CITY COUNCIL AGENDA STATEMENT MAY 06, 2008, Item ~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF ASSESSMENT DISTRICT NO. 2001-1 OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND THE MUNICIPAL IMPROVEMENT ACT OF 1913 DIRECTOR OF FIN~<<;t1TREASURER cftr2- CITY MANAGER ~(\II\'J V r 4/5THS VOTE: YES D NO ~ ITEM TITLE: SUMMARY As part of the City's fiduciary role in administering Assessment Districts and Community Facilities Districts, Finance staff has been working with NBS, the city's special financing district administrator, to address delinquent payments of special assessments. Five parcels within the 2001-1 Reassessment District have been identified as being delinquent in paying their special assessments and now face judicial foreclosure as required by the Bond Indenture. Letters were sent to the property owners notifying them of the judicial foreclosure and requesting payment of the delinquent assessments in order to avoid such action. To date, no payments have been received, and staff recommends adoption of the resolution to initiate judicial foreclosure. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b) (4) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary . RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 3-1 MAY 06, 2008 Page 2 of3 DISCUSSION The City is compelled under the bond covenants contained within the bond financing docurrients authorized in connection with the districts to commence foreclosure proceedings against delinquent parcels when certain thresholds are met, as set forth in the bond documents. Five parcels were identified as being delinquent in paying their special assessments and meeting the criteria necessary for judicial foreclosure pursuant to the Bond Indenture. These five parcels' delinquent payments total $5,952.70, and are all within the 2001-1 Reassessment District (see attachment). The recent sub-prime mortgage fallout and resulting slowdown in the economy has caused special assessment delinquency rates to increase and in many districts double from the prior year. Luckily none of the distJicts' delinquencies are substantial enough to require a draw on the districts' reserve funds to make debt service payments. Because of this fact, only five parcels met the criteria for judicial foreclosure. Similar action has been taken by various agencies throughout the state. Locally, San Marcos City Council approved judicial foreclosure action against 68 property owners with over $140,000 in delinquent assessments last year, and in January 2008, the City of San Diego City Council ordered judicial foreclosure on three delinquent parcels totaling over $25,000. Normally, special assessments are included on the property tax bills for collection, and upon receipt, the County forwards the monies to the City who in tum pays the required debt obligation. The property taxes represent a much more substantial portion of the bill in comparison to the special assessments, but because the County does not accept partial payments, the smaller special assessments also go unpaid as propeliy owners struggle to make their payments. Under the City's delinquency monitoring program, at least three letters have been sent to these propeliy owners requesting payment of the delinquent taxes and assessments. Recently, the delinquent special assessments for these five parcels were removed li'om the property tax bills, and staff sent a celiified letter to the property owners requesting that they pay the special assessments directly to the City, and the affected mortgage companies also received a copy of this letter. This would have allowed the property owners to pay only the special assessments (a much smaller amount) and avoid judicial foreclosure relating to the special assessments, but they will still have to work with the County to pay the delinquent property taxes. To date, no payments have been received, and the next step in the judicial toreclosure process is to turn these delinquencies over to outside counsel, Stradling Y occa Carlson & Rauth, for legal action. 3-2 MA Y 06, 2008 Page 3 of3 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. FISCAL IMPACT There is no direct fiscal impact to the General Fund. All costs associated with the judicial foreclosure process are the responsibility of the delinquent property owners. A TT ACHMENTS A. APN Listing of Delinquent Properties Prepared by: Nadine Mandery, TreasUI)I Manager, Finance Dept. 3-3 ATTACHMENT A APN LISTING OF DELINQUENT PROPERITES Special District APN Tax Years # of Delinquent Total Amt Ending (I) Installments Delinquent (2) Reassessment 595-410-24-07 2006-2007 4 $1,184.32 District 200 I-I Reassessment 595-420-03-10 2006-2007 4 $1,004.90 District 200 I-I Reassessment 595-420-08-15 2006-2007 4 $1.015.26 District 200 I-I Reassessment 595-361-29-00 2005-2007 6 $1,437.48 District 200 I-I Reassessment 595-430-18-05 2004-2007 7 $1,310.74 District 200 I-I TOTAL $5,952.70 (I) A tax year period is from July I to June 30 and consists of two installment payment deadlines: December 10 and April 10. (2) Total delinquent amounts do not include late payment penalties. 3-4 RESOLUTION NO. 2008- RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF ASSESSMENT DISTRICT NO. 2001-1 OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND THE MUNICIPAL IMPROVEMENT ACT OF 1913 WHEREAS, Assessment District No. 2001-1 of the City of Chula Vista ("AD No. 200 I-I") has incurred bonded indebtedness and levied special assessments for the payment of bonds pursuant to the provisions of the Improvement Bond Act of 1915 (commencing with Section 8500) of Part I of Division I 0 of the California Streets and Highway Code (the "Improvement Bond Act") and the Municipal Improvement Act of 1913 (commencing with Section 10,000) of Part I of Division 12 of the California Streets and Highway Code (the "Municipal Improvement Act"); and WHEREAS, pursuant to the Improvement Bond Act and the Municipal Improvement Act, AD No. 2001-1 has duly levied and recorded the unpaid special assessments, which special assessments and each installment thereof and interest and penalties thereon constitute liens against the lots and parcels of land against which they are made, until the same are paid; and WHEREAS, certain special assessment installments have not been paid when due, and certain installments of those special assessments may not be paid in the future; and WHEREAS, under the provisions of Section 8834 of the Streets and Highways Code of the State of California, the City Council acting in its capacity as the legislative body of AD No. 200 I-I is authorized and may order that a foreclosure action be brought to collect the delinquent special assessments due against the properties within AD No. 2001-1 not later than four (4) years after the date of delinquency of the last installment due on the bond; and WHEREAS, the City has covenanted to bondholders to institute judicial foreclosure proceedings pursuant to the provisions of Section 8830 et seq. of the Streets and Highways Code of the State of California WHEREAS, the City Council acting in its capacity as the legislative body of AD No. 2001-1 has determined that the public convenience and necessity require prompt action at the City's discretion, to initiate foreclosure proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, acting in its capacity as the legislative body of Assessment District No. 2001-1 of the City of Chula Vista, as follows: C:\Documents and Settingsljoycem\Local SettingslTemporary Internet Files\OLKl2Vudicial foreclosure of delinquent spcl assmts_04-15-08.doc 3-5 Resolution No. 2008- Page 2 SECTION I. The delinquent special assessments on parcels listed in Exhibit A attached hereto and incorporated herein, and all future installments of special assessments which are not paid when due shall be collected by action brought in the Superior Court of San Diego County to foreclose the delinquent special assessments to the extent allowed by law. SECTION 2. AD No. 2001-1 is hereby authorized and directed to have the law firm of Stradling Yocca Carlson & Rauth, 660 Newport Center Drive, Suite 1600, Newport Beach, California 92660, institute such actions in the name of AD No. 2001-1 and the City of Chula Vista to foreclose delinquent special assessments. SECTION 3. The Director of Finance of the City of Chula Vista is authorized and directed to transmit a certified copy of this resolution to the Auditor/Controller's office of the County of San Diego with a letter that shall state that: a. The City Council has ordered that the delinquent special assessment installments be collected by action brought in the Superior Court of San Diego County to foreclose the delinquent special assessments b. All inquiries regarding payment of the delinquent special assessments shall be forwarded to Stradling Y occa Carlson & Rauth c/o Allison E. Burns, Esq., 660 Newport Center Drive, Suite 1600, Newport Beach, California 92660. SECTION 4. This resolution shall take effect immediately upon its adoption. Maria Kachadoorian Director of Finance Approved as to form by 1 l. Presented by C:\DocumenIS and Settings\joycem\Local Seuings\Temporary Internet Files\OLK12\Judicial foreclosure of delinquent spcl assmts_04-1S-08.doc 3-6 Resolution No. 2008- Page 3 EXHIBIT A List of Delinquent Property (Bv Assessor's Parcel Number)-Assessment District No. 2001-1 595-410-24-07 595-420-03-10 595-420-08-15 595-361-29-00 595-430-18-05 C:\Do~umenlS and SetlingsljoycemlLocal SeUings\Temporary Internet Files\OLK12\JUdiCiaI30~7ure of delinquent spcl assmts_04-15-08 doc CITY COUNCIL AGENDA STATEMENT ~\~CITYOF ~ CHULA VISTA 05/06/2008 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE CLICK IT OR TICKET PROGRAM. CHIEF OF POLICE ~i E'.... \2..?e. CITY MANAGER 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: SUMMARY The California Office of Traffic Safety has awarded $10,000 to the Police Department for the Click It or Ticket Program in support of the national program. Adoption of the resolution allows the Police Department to utilize the grant funds for seat belt enforcement on an overtime basis, with the goal of increasing seat belt use statewide. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060 (c) (3) of the State Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration, has awarded $10,000 to the Police Department for the Click It or Ticket (ClOT) Program. The goal of the California Click It or Ticket project is to increase seat belt use statewide to 95% in 2008 through the combined efforts of the California Highway Patrol, OTS and local law enforcement. The ClOT strategy is to 4-1 02/05/2008, Ite~ Page 2 of2 focus public information and enforcement on persons who fail to use seat belts during the May 2008 CIOT National Mobilization. The seat belt enforcement campaign will be conducted during a three-week mobilization period of May 12 to June 1,2008. The grant funds provided by OTS will offset overtime costs to conduct the seat belt enforcement during the mobilization period. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $10,000 to the personnel services category of the Police Grant Fund (sub fund 252) for overtime hours used to support the "Click It or Ticket" Program. The funding from the California Office of Traffic Safety will fully offset these personnel costs. Therefore, there is no net fiscal impact to the General Fund. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 4-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE CLICK IT OR TICKET PROGRAM WHEREAS, the California Office of Traffic Safety has awarded $10,000 to the Police Department for the Click It or Ticket Program; and WHEREAS, the goal of the California Click It or Ticket project is to increase seat belt use statewide to 95% in 2008 through the combined efforts of the California Highway Patrol, Office of Traffic Safety and local law enforcement; and WHEREAS, the seat belt enforcement campaign will be conducted during a three- week mobilization period of May 12 to June 1,2008, in support of the national Click It or Ticket mobilization; and WHEREAS, the grant funds provided by the California Office of Traffic Safety will offset overtime costs to conduct the seat belt enforcement during the mobilization period. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $10,000 from the California Office of Traffic Safety and appropriate said funds to the personnel services category of the Police Grant Fund for the Click It or Ticket Program. Presented by: Approved as to form by: Richard P. Emerson Police Chief }1 / '0 f/'vlv Ann Moore v City Attorney 4-3 CITY COUNCIL AGENDA STATEMENT ~v~ CITY OF ~CHULA VISTA 05/06/2008 Item--5- SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $1,000 DONATION FROM W AL-MART STORE # 2479 AND APPROPRIATING SAID FUNDS INTO THE FISCAL YEAR 2008 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET CHIEF OF POLICE~~~ CITY MANAGER . 4/5THS VOTE: YES X NO ITEM TITLE: SUMMARY The Police Department recently received a donation of $1,000 from WalMart store #2479. The funds will be used to purchase equipment and supplies for the Police Department. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Police Department received a donation from Wal-Mart store #2479. The department would like to appropriate these funds into the supplies and services budget to purchase miscellaneous equipment and supplies for the department. 5-1 05106/2008, Item~ Page 2 of2 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in appropriation of $1,000 to the fiscal year 2008 supplies and services budget of the Police Department. There will be no impact to the general fund. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 5-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $1,000 DONATION FROM WALMART STORE #2479 AND APPROPRIATING SAID FUNDS INTO THE FY2008 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET WHEREAS, The City of Chula Vista Police Department received a $1,000 donation from WalMart Store #2479; and WHEREAS, the Police Department will utilize these funds to purchase important equipment and supplies for the department. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby accept a $1,000 donation from WalMart store #2479 and appropriate said funds into the FY 2008 Police Department Supplies and Services budget. Presented by: Approved as to form by: Richard P. Emerson Police Chief (J{tl~1:tlt(U/^-1A I' Ann Moore t/ . City Attorney 5-3 CITY COUNCIL AGENDA STATEMENT ~\'1::. CITY OF .i?i:E (HULA VISTA 05/0612008 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATnJG $325,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SAFETY FUND FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF II POLICE MOTORCYCLES TO HUNTINGTON BEACH HONDA CHIEF OF POLICE~ "DL...ePf, CITY MANAGER 4/5THS VOTE: YES X NO SUMMARY The City of Chula Vista Police Department receives funds from each traffic related ticket that is written. These funds are deposited into the Traffic Safety Fund. The Police Department is requesting to appropriate $230,000 from the Traffic Safety Fund for the purchase of police motorcycles and to accept bids and award a contract for the purchase of II police motorcycles to Huntington Beach Honda. The department is also requesting an additional appropriation of $95,000 from the Traffic Safety Fund to purchase traffic safety equipment. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolutions. 6-1 05/06/2008, Item~ Page 2 of4 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista receives funds from each traffic ticket that is deposited into a special Traffic Safety Fund. Funds from the Traffic Safety Fund "shall be used exclusively for official traffic control devices, the maintenance thereof, equipment and supplies for traffic law enforcement and traffic accident prevention..." (CVC 42200). The department proposes utilizing these funds to purchase 11 police motorcycles and additional traffic safety equipment such as LIDAR (light detecting and ranging) speed detection devices, electronic ticket writers, traffic accident reconstruction equipment, a traffic safety supplies trailer, and miscellaneous safety equipment for the Traffic Enforcement Unit. Police Motorcvcles The Police Department currently rides Kawasaki KZIOOO police motorcycles. Although these motorcycles have been a reliable and adequate motorcycle for traffic patrol, Kawasaki ceased making the police motorcycle in 2005. The current fleets of Kawasaki's are at the end of their life expectancy. That left only three manufactures of a police ready motorcycle. BMW, Honda and Harley-Davidson all produce a police version motorcycle for police departments. Staff from the departments Traffic Unit researched each of the remaining manufacturers to determine the best replacement motorcycle for the department. The table on the next page provides a brief summary of the [mdings for each manufacturer of police motorcycles. . . ". .." BMW Performance capability, agile, Expensive (both Overall a good police motorcycle, reliable, ABS Brakes purchase and however very expensive to maintenance), lack of purchase and maintain in local maintenance (only comparison to other brands. 2 shops in County work on BMW's - none in Chula Vista or immediate area) Honda Performance capability, agile, New to the police Overall good police motorcycle. reliable, ABS Brakes, Local repair motorcycle business Reliable and less expensive to facilities, history oflow maintain than BMW and Harley- maintenance fee's Davidson Harley- -- Heavy, reliability is a Weight and lack of Davidson concern, maneuverability maneuverability are serious is hampered due to concerns for daily motor patrol. weight The Department has decided to purchase the Honda STl300P police motorcycle. The STl300P provides sufficient of power, maneuverability and solid Honda craftsmanship which will result in lower maintenance costs than the comparable BMW police 6-2 05/06/2008, Item~ Page 3 of 4 motorcycle. There is also a Honda dealership within the City limits which will allow for easier maintenance and upkeep of the Honda motorcycles. The closest BMW dealer is on El Cajon Blvd off of the 15 freeway (11 miles one way). This proposal will also require the purchase of two new police radios to complete the outfit of all the motorcycles. A majority of the radios that are currently in use will be transferred over to the new motorcycles; however two radios will need to be replaced. Staff is also recommending appropriation of funds to pay for a maintenance contract to maintain the current fleet of Kawasaki's until the full complement of Honda's are received. There is not an in-house mechanic that is certified to work on motorcycles. Staff received only one bid based upon a Request for Proposal (RFP). The bid was reviewed to ensure compliance with the RFP. Based upon this review and low cost, Huntington Beach Honda is recommended to receive the contract for the purchase of these motorcycles. Huntington Beach Honda has guaranteed 2008 prices for the 2009 model year motorcycles that will be purchased. Traffic Safetv Trailer The Traffic Unit is also in need of a new traffic safety trailer to carry various traffic control supplies. The current trailer is in very poor condition and repairs would not be feasible due to extensive corrosion and rusting throughout the frame. The new trailer will be able to haul safety cones, delineators and can also serve to transport other small vehicles/equipment (motorcycles, electric car, etc) when required. LIDAR The Department is in need of new LIDAR (light detecting and ranging) units. LIDAR is similar to RADAR, except it uses a beam of laser light to calculate vehicle speed. The Department would like to purchase 20 portable LIDAR units to enhance the Departments ability to conduct speed enforcement operations. These LIDAR units have been tested and are compact enough to either fit in the small cargo bags ofthe motorcycles, or held in a small case if used by regular patrol officers. The addition of these 20 LIDAR units will enhance the 4 units that are available to regular patrol officers (each motor officer currently has one radar unit). Collision Investigation and Crime Scene Diagramming Software The department currently utilizes collision investigation and crime scene diagramming software which is approximately seven years old and is not supported anymore by the manufacturer. Many technology updates have occurred since we purchased the software which makes it much more effective and user friendly, which translates into more officers being able to utilize the software and more data being extracted from a collision investigation. Along with the data collected from a crash data retrieval hardware which will also be purchased, accident investigators will have the latest tools to improve the investigations and reduce the amount of time it takes to complete an investigation. Crash 6-3 05/06/2008, Item~ Page 4 of 4 data retrieval hardware pulls information from the "black box" of vehicles. This includes speed of vehicle, whether the car was operating normally, etc. This data is invaluable to investigators when trying to determining fault at an accident. Other Safetv Equipment The Department will also utilize funds to purchase various smaller cost items for the Traffic Unit such as helmets, headsets, flashlights (for traffic control), etc. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section l8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the appropriation of $325,000 from the available balance of the Traffic Safety Fund. There will be no impact to the general fund. Any savings that result from the procurement process will revert back to the Traffic Safety Fund balance. There will be a savings of approximately $60,000 per year to the Vehicle Replacement fund for the next three fiscal periods as no new motorcycles will need to be purchased as part of the normal vehicle replacement program. The Department will also stager the replacement of the new motorcycles to minimize the impact on the Vehicle Replacement fund once the motorcycles are due for replacement (estimated six year replacement cycle). ATTACHMENTS ATTACHMENT A: Request for Proposal for Honda ST1300P Motorcycles Prepared by: Edward Chew, Administrative Services Manager, Police Department 6-4 A -\-i-cc\Im en+-- A BID NO. 7-07/08A 1 ~\ft.. --- ~ 0lY Of CHULA VISTA NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, THAT SEALED PROPOSALS ON A FORM OBTAINED FROM THE PURCHASING DIVISION WILL BE RECEIVED UNTIL 11:00A.M. ON THE 16th DAY OF APRIL, 2008 AT WHICH TIME THE PROPOSALS WILL BE PUBLICLY OPENED AND READ FOR FURNISHING THE CITY OF CHULA VISTA: HONDA ST1300 PA6 POLICE SPECIAL MOTORCYCLES WITH ACCESSORIES ALL BIDDERS ARE HEREBY REFERRED TO THE BIDDING INSTRUCTIONS, GENERAL PROVISIONS, SPECIFICATIONS, AND TERMS AND CONDITIONS ON FILE IN THE OFFICE OF THE PURCHASING DIVISION FOR FULL DETAILS AND DESCRIPTION OF MATERIALS AND/OR SERVICES REQUIRED. FOR FURTHER INFORMATION AND COPIES OF BIDDING INSTRUCTIONS, CONTACT THE PURCHASING DIVISION. Address: CITY OF CHULA VISTA PURCHASING DIVISION 276 FOURTH AVENUE CHULA VISTA, CA 91910 (P) 619/691-5141 (F) 619/691-5149 ALL BIDS MUST BE SUBMITTED TO THE PURCHASING DIVISION IN SEALED ENVELOPES PLAINLY MARKED WITH THE BID NUMBER AND TIME SET FOR OPENING. BIDS RECEIVED AFTER THE TIME SET FOR OPENING WILL BE REJECTED. BID OPENING WILL BE IN THE FINANCE DEPARTMENT CONFRENCE ROOM N-144, 276 4TH AVENUE, CHULA VISTA CA, 9191 0 AT 11 :30 A.M. ON WEDNESDAY, APRIL 16, 2008. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PORTION OF ANY BID, OR TO WAIVE ANY IRREGULARITIES OR INFORMALITIES IN THE BIDS OR IN THE BIDDING. SUZI BROOKS. PURCHASING AGENT DATED: MARCH 21, 2008 6-5 BID NO. 7-07/08A ~\~ --- 2 ~ 01Y Of CHUlA VISfA BID AND OFFER TO CONTRACT THE BIDDER, HEREINAFTER SOMETIMES CALLED CONTRACTOR OR VENDOR, SUBMITS A BID AND OFFERS TO ENTER INTO THIS CONTRACT WITH THE CITY OF CHULA VISTA, HEREINAFTER CALLED CITY, THIS 16TH DAY OF APRIL, 2008 AS FOLLOWS: THIS BID AND OFFER, SUBJECT TO THE SPECIFICATIONS, TERMS AND CONDITIONS, AND GENERAL PROVISIONS HEREIN, WHEN DULY ACCEPTED BY THE CITY SHALL CONSTITUTE THE CONTRACT BETWEEN THE PARTIES. IN CONSIDERATION OF THE PAYMENTS TO BE PROVIDED BY THE CITY, AND IN ACCORDANCE WITH THE CONDITIONS EXPRESSED IN THE BID FORMS AND SPECIFICATIONS ATTACHED AND BY THIS REFERENCE INCORPORATED HEREIN, CONTRACTOR AGREES TO FURNISH HONDA ST1300 PA6 POLICE SPECIAL MOTORCYCLES WITH ACCESSORIES TO THE CITY OF CHULA VISTA. 6-6 BID NO. 7-07/08A ~\(?- --- 3 ~ OTY OF CHUlA VISfA BID FORM THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND CONDITIONS, AND GENERAL PROVISIONS HEREIN, TO FURNISH THE CITY OF CHULA VISTA THE FOLLOWING: Lot 1 Est Otv 11 Ea Description Honda ST1300PA6 Police Special Motorcycles with accessories in accordance with the attached specifications Unit Cost Extension Yr., Mfr., Model Delivery Warranty Days ARO Parts, Labor $ $ State of California tire recycling fee $ $ TOTAL $ Warranty period shall include all factory and aftermarket installed items. 6-7 BID NO. 7-07/08A ~\f?. --- 01Y OF CHUlA VISIA 4 The City is considering the trade-in the following Kawasaki KZ1000 police specials: Lot 2 YEAR 2002 2002 2002 2002 2002 2002 2001 1999 1999 1997 1996 1995 *Mileage as of Feb 1, 2008 TOTAL LOT 1 $ TOTAL LOT 2 GRAND TOTAL $ MAKE/MODEL KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 ($ MILEAGE* 33,173 65,472 64,394 39,184 32,139 34,922 58,023 26,485 59,336 48,133 48,233 41,562 ) CITY EQ# 1030 1028 1032 1029 T2 T3 T4 1026 1022 1021 1024 1017 T1 TOTAL TRADE-IN VALUE $ $ $ $ $ $ $ $ $ $ $ $ $ The trade-in option will only be allowed if it is determined to be in the overall best interest of the City of Chula Vista. The City will be the sole judge to determine if prices offered are fair and reasonable. Payment Terms Terms: 0/0 Days Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount period. In the absence of terms, payment shall be Net Thirty (30) Days. 6-8 BID NO. 7-07/08A ~\r?- --- 5 01Y OF CHUlA VISTA Additional Motorcycles Does bidder agree to provide additional motorcycles at the same prices, terms, and conditions listed through December 31, 2008? Yes No If No, how long are prices firm for additional? Public Agency Participation Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful bidder. This option will not be considered in bid evaluation. Please indicate whether this will be granted. Yes No Alternate Fuel Option The City of Chula Vista is committed to purchasing clean fuel vehicles when economically feasible. As a result, alternate fuel options may be submitted as a separate attachment. Price, availability, and warranty information should be provided. The City will evaluate alternate fuel options presented, and reserves the right to purchase alternate fuel vehicles when in the City's best, overall, interest. 6-9 BID NO. 7-07/08A ~\ft.. -fi- 6 (J1Y OF CHULA VISrA The following section must be filled in completely: Company Name Address City State Zip Telephone Fax Name(Print) Title Signature Date Email address Web address 6-10 BID NO. 7-07/08A ~\f? -~- 7 01Y Of CHUlA VlSrA GENERAL CONDITIONS Delivery Instructions Vehicles bid shall be delivered complete and ready for operation. Vehicles shall be delivered with all documentation required by the California Department of Motor Vehicles for registration. Four (4) sets of keys shall be provided for each vehicle at no additional cost to the City. Vehicles shall be completely lubricated and fueled. In addition, all pre- delivery checks, services, and break-ins shall have been performed. State length of delivery time after receipt of order in space indicated on the Bid Form. Excessive delivery time, as determined solely by the City, may be grounds for rejection of bid. All new motorcycles shall be delivered at one (1) time. If trade-in option is allowed, pickup location of trade-in motorcycles shall be at FOB Point. Transportation costs for trade-in motorcycles shall be the responsibility of the successful bidder. FOB Point Prices quoted shall be FOB Destination. Receiving hours are 7:30 a.m. to 3:00 p.m., Monday through Friday. Ship-to point is: City of Chula Vista Equipment Maintenance Division 1800 Maxwell Road Chula Vista, CA 91911 Firm Prices Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid opening date. Local Business Consideration Per the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1 % sales tax allocated back to the City from vendors located in Chula Vista. 6-11 BID NO. 7-07/08A ~v?- -11- 8 CI1Y OF CHUlA VISTA Business License A business license is required in the City of Chula Vista by any person who transacts, engages in or carries on any business within the corporate limits of the city (Chula Vista Municipal Code 5.02.020). Bid Submittal Within ten (10) calendar days following award of contract, the successful bidder shall provide the following additional documents: 1. Commercial Liability, Property Damage, and Automobile Insurance 2. Worker's Compensation Insurance Declaration 3. City of Chula Vista Business License 6-12 BID NO. 7-07/08A ~\~ -n- -- ~ 9 mY Of CHULA VlSfA Item 1 Specifications for Eleven (11) Honda ST1300PA6 Police Special Motorcycles with accessories These specifications describe eleven (11) new and unused Honda ST1300PA6 Police Special Motorcycles with accessories of current production model, with the latest standard design features. The motorcycles shall have the regular manufacturer's guarantee against defects in materials and workmanship. A copy of the warranty shall be included. The new vehicle warranty shall start the date the City of Chula Vista puts the unit into service. Any repairs or replacements required under these provisions shall be made promptly and to the satisfaction of the City's Fleet Manager and without cost to the City. The motorcycles shall be delivered fully serviced and ready for operation. The omission of any standard feature description shall not alleviate the bidder from the responsibility of furnishing a complete unit with all standard equipment of the manufacturer's latest improved model in current production. The silence of these specifications as to any details or the omission from them of a detailed description concerning any point shall be regarded as meaning that only quality material and correct type, size, and design are to be used. All workmanship is to be of first quality using standard motorcycle fabrication and assembly practices. All interpretations of this specification shall be made upon the basis of this statement. The following specifications are the minimum acceptable specifications. When the factory printed literature does not comply with these specifications, but the specifications must be met by modification, then such modifications must be stated in writing and submitted as part of the bid. The bidder's specification check-off sheet must be filled in completelv bv bidder. 6-13 BID NO. 7-07/08A 10 01Y OF CHUlA VISfA GENERAL CONSIDERATIONS It is the intent of these specifications to describe a Honda ST1300PA6 Police Special Motorcycle with accessories. MOTORCYCLE The motorcycle shall be a Honda ST1300PA6 Police Special of current production year. LIGHTS Front Facing by Windshield . 1 ea red facing forward (steady) Predator II SSM . 1 ea blue facing forward (flashing) Predator II SSM . 1 ea Headlight Wig Wag Flasher Shall include stainless steel mounting and hardware Side Mounted . 1 ea blue on left side of front lower cowl (flashing) Predator II SSM . 1 ea red on right side of front lower cowl (flashing) Predator II SSM . 1 ea blue surface mount on right side of radio box (flashing) Predator II SSM . 1 ea red surface mount on left side of radio box (flashing) Predator II SSM Shall include stainless steel mounting and hardware Rear of Motorcycle . 1 ea red and blue alternating flashing mounted high on rear Predator II DGS . 1 ea red flashing light on dash to warn of rear lights being on 1300-12vbfr . 1 ea license plate frame with integrated dual led brake and taillights and dual blue/red marker (pursuit) lights Shall include stainless steel mounting and hardware SIREN . 1 ea Unitrol UM80K siren with wail, yelp, PA and air horn integrated . 1 ea compact electronic speaker . 1 ea siren mount 1300-spk . 1 ea Unitrol power supply for siren UM80K . 1 ea ST13 wiring harness 1300-harness All siren brackets and mounting hardware shall be included in unit cost 6-14 BID NO. 7-07/08A ~\~ --- 11 01Y OF CHUIA VISTA ACCESORIES 1 set chrome front fairing and engine guards 1300-001 1 set chrome rear saddlebag guards 1300-002 1 pr Honda line heated handgrips 1 ea Honda line accessory harness for handgrips 1 ea Honda line 12 volt DC accessory outlet 1 ea Stream light LED rechargeable flashlight with DC charger SL20-XLED #20203 1 ea . flashlight holder on right front guard 1 ea . notepad holder mounted on fuel tank 1 ea . citation book holder 1 ea . baton holder on right front guard 1 ea . Pro Laser III holder mounted on right front guard 1 ea . radio push to talk button mounted on left handlebar 'Note: City representative shall pre-approve product type and mounting location BATTERY UPGRADE 1 ea high output battery 1 ea battery modification kit 1 ea Honda line battery charger EMERGENCY SIREN AND LIGHTING WIRING Emergency light/siren wired and color combination as follows: Position 1 - rear facing lights Position 2 - all lights Position 3 - yelp momentary Position 4 - wail on/off Position 5 - Garage Door Opener Air horn shall be wired to stock horn button BOOKS. MANUALS AND TECHNICAL INFORMATION Complete and accurate copies of the following items shall be furnished at the time of delivery of motorcycles to the City of Chula Vista. 11 ea Operator instruction manual 11 ea Complete maintenance manual 11 ea Lubrication instructions 3 ea Illustrated parts book 3 ea Air and hydraulic piping diagrams 3 ea Complete electrical schematics for the motorcycle, to include added accessories 1 ea Software and hardware compatible to diagnose engine and transmission performance 6-15 BID NO. 7-07/08A ~\ft.. --- 12 ~ CllY OF CHUIA VISTA Paint Lower front cowls and radio box shall be gloss black, remainder of paint shall be white RADIO INSTALLATION Install Motorola radio's and related equipment, provided bv the City. The City to provide radios, control heads and the following (Specific mounting instructions are indicated by italics): 11 ea Radios to be installed in radio box 11 ea Mobile radio interface w/PA broadcast PVP # PVSP-STP-U8/C 11 ea Radio control head bracket PVP # PVBracket-stcontrol (control head to be mounted on handle bars) 11 ea Antenna 3db low profile 762-870 mhz Motorola # HAF4018A 11 ea Microphone clip and bracket (to be mounted on left side of radio head) 11 ea Garage door opener (318 mhz) Keystone # P220-1 KA (to be hardwired to 12-volt power source, utilizing existing position "5" button on right handlebar or installing button if needed) 11 ea Radio power cable Motorola# HKN6032A 11 ea W7 Control head cable to radio Motorola# HKN6062B 11 ea Radio trunnion for Astro Digital Spectra Motorola# 0780086N02 11 ea Cable assembly Motorola # 308001 OR02 11 ea Radio trunnion for XTL 5000 Motorola # HAN6861 B 11 ea Millennium accessory connector plug Motorola # HLN6890A 11 ea W4 XTL 5000 radio remote mount Motorola# M20URSQPWIAN 22 ea 8 ohm speakers (installed in fairing with on/off switch) All additional mounting hardware shall be included in unit cost 6-16 BID NO. 7-07/08A ~\f? -f!- 13 01Y OF CHULA VJSrA Item 1 Specification Check-Off List Bidders Must Complete AI/Items On The Check-Off List Motorcvcle Completely as specified: yes no . alternatives listed below Front Iiahtina Completely as specified: yes no . alternatives listed below Side Iiahtina Completely as specified: yes no . alternatives listed below Rear Iiahtina Completely as specified: yes no , alternatives listed below Siren Completely as specified: yes no . alternatives listed below Radio Complete as specified: yes no . alternatives listed below Accessories Completely as specified: yes no . alternatives listed below Paint Completely as specified: yes no . alternatives listed below 6-17 BID NO. 7-07/08A 14 CI1YQf CHUlA V1SP. GENERAL PROVISIONS Please Read Carefully These Provisions Are a Part of Your Bid and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, intent, and requirements; and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, supplier, or vendor. 1. Prices: All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent to the error; the person signing the bid must initial corrections in ink. Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit prices, except when the bidder clearly indicates that the total price for all items bid is based on consideration of being awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving the entire bid. 2. Bidder's Security: A bid deposit in an amount equal to at least 10% of the bid may be required as a bid security by the City. The bid security may only be in cash, a cashier's check, a certified check made payable to the City of Chula Vista, or a bidder's bond. If the bid security is a bond, it shall be executed by a surety insurer authorized to issue surety bonds in the State of California. The bid security must be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope. 3. Items Offered: If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state "or equal". 4. Brand Names: Whenever reference to a specific brand name is made, it is intended to describe a component that has been determined to best meet operational, performance, or reliability standards of the City, thereby incorporating these standards by reference within the specifications. An equivalent ("or equal") may be offered by the bidder, subject to evaluation and acceptance by the City. It is the bidder's responsibility to provide, at bidder's expense, samples, test data, or other documentation the City may require to fully evaluate and determine acceptability of an offered substitute. The City reserves the sole right to reject a substituted component that will not meet or exceed City standards. 5. Samples: Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight (48) hours upon request and at no additional cost to the City. 6-18 BID NO. 7-07/08A ~If?- --- 15 01Y OF CHULA VISTA 6. Verify Quotations: Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened. 7. Finn Prices: Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City of Chula Vista shall receive the benefit of such decline. 8. Modification or Withdrawal of Bids: Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or bidder's authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 9. Late Bids, Modifications, or Withdrawals: (a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error. (b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. 10. Mistake in Bid: (a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance with Items 8 and 9 above. (b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the apparent low and best bidder discovers a mistake in bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. (c) A mistake in bid cannot be considered once a purchase order or contract is issued. 11. Signature: All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. 12. No Bids: If no bid is to be submitted, the bid should be marked "No Bid" and returned to maintain the bidder's name in the vendor file for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a reasonable number of bids without returning a "No Bid", the Purchasing Agent reserves the right to delete the bidder from the vendor file for future solicitations. 6-19 BID NO. 7-07/08A ~\f~ --- 16 01Y Of CHUlA VISTA 13. Alternative Proposals: To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City's requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City. 14. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the bidder as such. It may then be protected and treated with confidentiality only to the extent permitted by state iaw. Otherwise the information shall be considered a public record. Information or data submitted with a bid will not be returned. 15. Quality: Unless otherwise required in the specifications, all goods furnished shall be new and unused. 16. Litigation Warranty: The bidder, by bidding, warrants that bidder is not currentiy involved in litigation or arbitration concerning the materials or bidder's performance concerning the same or similar materiai or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against bidder on the basis of bidder's performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the City in the bid. Disclosure will not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 17. Royalties, Licenses and Patents: Unless otherwise specified, the bidder shall pay all royalties, license and patent fees. The bidder warrants that the materials to be supplied do not infringe any patent, trademark or copyright and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City from all loss or damages, whether general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the City, the bidder or those furnishing material to bidder pursuant to this contract. 18. Performance Standards: Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. 19. Warranties: (a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception. 6-20 BID NO. 7-07/08A 17 OTY OF CHULA VlSfA 19. Warranties (continued): (b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufacturers dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City's schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service. 20. Addenda: The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid Invalid and result in its rejection. 21. Specifications to Prevail: The detailed requirements of the specifications shall supersede any confiicting reference in these General Provisions which are in confiict therewith. 22. Taxes: The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids. 23. Conflict of Interest: No City employee or elected or appointed member of City government, or member of the employee's immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they: (a) Have a financial interest or other personal interest which is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties. (b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension. 24. Gratuities: The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 6-21 BID NO. 7-07/08A 18 mY Of CHUIA VISTA 25. Faithful Performance Bond: Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 26. Insurance: Should work be required on City premises, bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days notice of cancellation shall be indicated. Worker's Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 27. Indemnification: Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (including attorney's fees) arising out of this agreement and/or bidder's performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents. 28. Award of Contract: (a) Bids will be analyzed and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder's past performance, total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which will result in the optimum economic benefit to the City. (b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however, consider bids submitted on an Aall or nothing basis if the bid is clearly designated as such. (c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. (d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. (e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement. 6-22 BID NO. 7-07/08A ~\~ --- 19 01Y OF CHUlA VISTA 29. Bid Results: To obtain bid results, either (1) attend bid opening or (2) provide a self-addressed, stamped envelope referencing bid number, and bid tabulation will be mailed to you upon verification of extensions or (3) visit the Purchasing Department no sooner than three working days after bid opening to review bid tabulation. Due to time constraints, bid results cannot be given out over the phone. 30. Protests: Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest. 31. Documentation: Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at City's option the bid bond may be attached for damages suffered. 32. Discounts: (a) Prompt payment discounts offered for payment within less than fifteen (15) calendar days will not be considered in evaluating bids for award. However, offered discounts of less than 15 days will be taken if payment is made within the discount period, even though not considered in the evaluation of bids. (b) In connection with any discount offered, time will be computed from date of delivery and acceptance, or invoice receipt, whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the City check. (c) Any discount offered other than for prompt payment should be included in the net price quoted and not included in separate terms. In the event this is not done, the City reserves the right to accept the discount offered and adjust prices accordingly on the Purchase Order. 33. Seller's Invoice: Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals. 34. Inspection and Acceptance: Inspection and acceptance will be at destination unless specified otherwise, and will be made by the City department shown in the shipping address or other duly authorized representative of the City. Until delivery and acceptance, and after any rejection, risk of loss will be on the bidder unless loss results from negligence of the City. 35. Lost and Damaged Shipments: Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder. The City has no obligation to accept damaged shipments and reserves the right to return at the bidder's expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. 36. Late Shipments: Bidder is responsible to notify the City department receiving the items and the Purchasing Agent of any late or delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment 6-23 BID NO. 7-07/08A 20 01Y OF CHULA V1STA 36. Late Shipments (continued): is not made as promised. 37. Document Ownership: (a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement. (b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder's copyright or any license granted to City. 38. Advertisements, Product Endorsements: City employees and agencies or organizations funded by the City of Chula Vista are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent's prior written approval. 39. City Provisions to Prevail: Except as indicated in the specifications, the City's standard General Provisions shall govern any contract award. Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder's bid as non- responsive, to consider the bid without bidder's standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials to services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion as a further condition of performance by vendor. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 40. Invalid Provisions: In the event that anyone or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable. 41. Amendments and Modifications: The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 42. Assignment: Vendor shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City. 6-24 BID NO. 7-07/08A 21 01Y Of CHUIA VlSfA 43. Disputes: Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shail be decided by the Purchasing Agent, who shail reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shail be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the 43. Disputes (continued): bidder shail proceed diligentiy with the performance of the contract and in accordance with the Purchasing Agent's decision. 44. Mediation: Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shail meet in mediation within thirty (30) days of a request. The mediator shail be agreed to by the mediating parties; in the absence of an agreement, the parties shail each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shail be selected by a Ablindfold@ process. The cost of mediation shail be borne equaily by both parties. Neither party shail be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settiement. The mediation process. once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties. 45. Lawful Perfonnance: Vendor shall abide by ail Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, ail applicable permits and licenses required shail be obtained by the vendor, at vendor=s sole expense. 46. Annual Appropriation of Funds: Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of iease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term, and if no funds are legaily available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shail not be obligated to make further payments beyond the then current original or renewai term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 47. Extension: When in the City's best interest, this agreement may be extended on a daily, month-to-month, or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shail be in accordance with pricing, terms, and conditions, as described herein. 6-25 BID NO. 7-07/08A ~\ft.. --- 22 OTY OF CHULA VISIA 48. Debannent: The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment wiil be contingent upon the severity of cause. Causes for debarment include: (a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty which directly affects responsibility as a City bidder. 48. Debannent (continued): (b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: (1) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or (2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; (3) Two or more claims of computational error in bid submission within a two year period. (c) Debarment by another governmental entity. (d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes: (1) Collusion in bidding. (2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. (3) Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 49. Termination: The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to perform in the manner required. Furthermore, the City may temninate this agreement for any reason without penalty upon giving thirty (30) days written notice to the vendor. In the event of termination, the full extent of City liability shall be limited to an equitable adjustment and payment for materials and/or services authorized by and received to the satisfaction of the City prior to termination. 50. Venue: This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diego. 6-26 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $325,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SAFETY FUND FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT WHEREAS, The City of Chula Vista receives a portion of every traffic citation paid which is deposited into the Traffic Safety Fund; and WHEREAS, these funds are limited in what they can be spent on in accordance to California Vehicle Code 42200; and WHEREAS, these expenditures are allowable in accordance to California Vehicle Code 42200; and WHEREAS, the Police Department is seeking to appropriate $325,000 from the available balance of the Traffic Safety Fund to offset the cost of purchasing equipment and supplies to support the Traffic Safety Program; and WHEREAS, the equipment and supplies will allow the Traffic Unit to continue its proactive traffic enforcement programs throughout the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $325,000 from the available balance of the Traffic Safety Fund including $230,000 to the Equipment Replacement account and $95,000 to the Supplies and Services account for the purchase of traffic safety equipment. Presented by Approved as to form by u uJ/JUJV1~ Richard P. Emersony::tJ--c Police Chief { PjJL 6-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 11 POLICE MOTORCYCLES TO HUNTINGTON BEACH HONDA WHEREAS, the Police Department currently maintains a fleet of Kawasaki police motorcycles for Traffic Enforcement duties throughout the City of Chula Vista, and WHEREAS, Kawasaki stopped production of their police motorcycle in 2005; and WHEREAS, staff from the Chula Vista Police Department's Traffic Enforcement Unit researched the three manufacturers of police motorcycles, BMW, Harley Davidson and Honda for cost, mission readiness and reliability; and WHEREAS, staff determined that the Honda ST1300P police motorcycle provided the lowest cost for purchase and repair, provided sufficient power and maneuverability, and has local repair facilities available; all of which support the mission of the Traffic Enforcement Unit; and WHEREAS, The City of Chula Vista recently published a Request for Proposal seeking bids for 11 Honda ST1300 Police Motorcycles; and WHEREAS, there was only one bid received by the stated deadline of April 16th, 2008; and WHEREAS, Staff has reviewed the bid and determined that Huntington Beach Honda provided all of the requirements from the RFP. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby accept bids and award a contract for the purchase of 11 police motorcycles to Huntington Beach Honda. Presented by: Approved as to form by: Richard P. Emerson Police Chief 6-28 CITY COUNCil AGENDA STATEMENT ~I'f:.. ClIT OF :ltf; CHULA VISTA 05/06/2008 Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $335,070 GRANT FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE CALGRIP GRANT AND DIRECTING STAFF TO INCLUDE FUNDING IN THE FISCAL YEAR 2009 POLICE DEPARTMENT GRANT BUDGET AND APPROVING THE ADDITION OF ONE PEACE OFFICER TO THE AUTHORIZED POSITION COUNT OF THE POLICE DEPARTMENT CHIEF OF POLICE GitU::> f.... 2.pe CITY MANAGER ITEM TITLE: 4/5THS VOTE: YES X NO SUMMARY The Chula Vista Police Department recently received notice that the Department has been awarded the California Gang Reduction, Intervention and Prevention (CaIGrip) grant from the Governor's Office of Emergency Services. This grant is for a total of $335,070 and will focus on a gang prevention, intervention and suppression project focused on the western portion of the city for a two-year project running from July 1, 2008 through June 30,2010. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. 7-1 05/06/2008, Item~ Page 2 of3 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Governor's Office of Emergency Services recently posted a call for proposals for the CalGrip Grant program. The main objective of the CalGrip program is gang prevention, intervention and prevention. The City of Chula Vista Police Department, in collaboration with South Bay Community Services, Sweetwater Union High School District, and the County of San Diego Probation Department will spearhead a multi- faceted anti-gang program with will last for two years. The focus area of the project is the City's west-side. The project description is as follows: Prevention/Intervention: The objectives of the prevention/intervention effort are to I) identify juveniles at risk of becoming gang members and directing them to appropriate services to keep them out of gangs, and 2) identify juveniles who are in gangs and wish to get out and providing them with alternatives to gangs. This plan is based on creating a Gang Prevention Team comprised of a police officer and a youth associate from South Bay Community Services. The Gang Prevention Team SBCS will work with the following regional organizations: . Sweetwater Union High School District The Gang Prevention Team will work with school principals to: o Conduct presentations about the GRlP grant project, the role of the Gang Prevention Team, and anti-gang services to create awareness among school teachers and staff, and o Work with school teachers and staff to identify at-risk juveniles who may benefit from the prevention and intervention services. . San Diego County Probation Department, Community Response Officer Program (CROP). The program out-stations officers from the Probation Department to police agency sites including Chula Vista. The Gang Prevention Team will work with the probation officer assigned to the Chula Vista Police Department to promote Probation Department and SBCS intervention efforts with at risk active wards and status offenders. In addition, they will collaborate regarding truancy, runaways, delinquency issues, and crime prevention. Suppression: The objective of the suppression effort is to reduce the number of gang- related crimes in the targeted area. To accomplish this, gang suppression efforts will focus suppression efforts on gang-active and high drug arrest areas in the target area. The plan is to carry out two suppression efforts each month using officers from the Street Team/Gang Suppression Unit, Investigations, JUDGE, the Gang Prevention Team, and, once a month, overtime patrol officers. Overtime for these operations will be funded through this grant. This grant will add one new Peace Officer which will head up the Gang Prevention Team. Funds will also be used for the funding of a South Bay Community Services 7-2 05106/2008, Item -:;... Page 3 00 Youth Services Associate to work with the Gang Prevention Officer in the prevention/intervention aspect of this proj ect. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the acceptance of the CalGRIP grant totaling $335,070 over fiscal year 2009 and fiscal year 2010. There will be no fiscal impact to the general fund in either of these fiscal years to operate this program. In fiscal year 2011, the City will have to decide whether to absorb the full cost of the Peace Officer or identify new sources of revenue to offset the costs of the position. This grant requires a 50% match from the City which will come from in-kind personnel services requiring no additional appropriations from the General Fund. GRIP Program Costs $179,258 OES Funding $163,929 $171,141 $0 Net 1m actto General Fund $0 $0 $179,258 ATTACHMENTS None Prepared by: Edward Chew, Administrative Services Manager. Police Department 7-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $335,070 GRANT FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE CALGRIP GRANT AND DIRECTING STAFF TO INCLUDE FUNDING IN THE FY2009 POLICE DEPARTMENT GRANT BUDGET; APPROVING THE ADDITION OF ONE PEACE OFFICER TO THE AUTHORIZED POSITION COUNT OF THE POLICE DEPARTMENT WHEREAS, The City of Chula Vista Police Department recently received notification that the Governor's Office of Emergency Services had awarded a CalGrip grant for gang reduction, intervention and prevention; and WHEREAS, the CalGrip grant totals $335,070 and will be used to fund a two year program to reduce the number of gang members through intervention and prevention programs; and WHEREAS, this program will focus on gang populations on the western portion of the City; and WHEREAS, the goal is to reduce the number of gang members in Chula Vista and to increase the feelings of safety in those neighborhoods. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept a $335,070 grant from the governor's office of emergency services for the CalGrip grant and directing staff to include funding in the FY2009 Police Department grant budget; approving the addition of one peace officer to the authorized position count of the police department Presented by: Approved as to form by: Richard P. Emerson Police Chief 7-4 CITY COUNCIL AGENDA STATEMENT MAY 6, 2008, Item~ SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING POSTING OF "NO ALCOHOL" SIGNS AT HARBORS IDE PARK CHIEF OF POLICE Gi2W for- e.Pe, DIRECTOR OF PUBLIC WOtlJRKRATIONS DIRECTOR OF REC~~TA~ CITY MANAGER If/V r 4/5THS VOTE: YES D NO ~ ITEM TITLE: REVIEWED BY: SUMMARY Harborside Park located at 670 Oxford Street, was opened in May of 2006. Since its opening, the rate of violent and disorder calls at the park have increased 252% over the rate in 2006; from 2.1 per acre per year to 7.4 per acre per year. Alcohol use is a factor in 29% of all calls to the park and 31 % if the park's disorder calls. Municipal Code Section 2.66.043 makes it unlawful to consume or possess an alcoholic beverage without a permit within any city park if there are signs posted prohibiting such activity. 10 order to post the signs, the Municipal Code requires a City Council resolution finding that the park, or a portion thereof, is experiencing problems withj:he public's consumption of alcohol. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060 (c) (3) of the State Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. 8-1 05/06/2008, Item~ Page 2 of9 BOARDS/COMMISSION RECOMMENDATION At their April 17, 2008 meeting the Parks and Recreation Commission unanimously approved the posting of no alcohol signs in Harborside Park. At the April 23, 2008 meeting of the Public Safety Subcommittee, the Subcommittee unanimously approved the posting of no alcohol signs in Harborside Park. DISCUSSION In January, 2006 the City installed signs prohibiting alcohol in Lauderbach, Eucalyptus, Memorial and Friendship Parks unless in possession of a valid permit. This action was prompted by concern from Chula Vista residents about crime and disorder in these parks. This provided police officers with a tool for dealing with alcohol-related crimes in these parks, and, at the same time, allowed legitimate users to enjoy the parks as they had in the past. As a result of the signs and additional efforts by Public Works and Recreation, we have seen a downward trend in violent and disorder calls to those four parks (see Figure I). 60 50 40 .!!l 'ii u ~ 0 30 :;; '" E ~ z 20 Violent and Disorder Calls Memorial, Friendship, EucalyptUs, and Lauderbach Parks January 2006 through March 2008 10 0 ~ % ~ ~ ~ :g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" '" '" '" ." ." '" 0 '" '" X 5: '" '" '" 0 0 ~ " ~ 0 > 0 . D ~ " ~ 0 > 0 . .6 '- -': . . ~ . " , . 0 0 . -': . . ~ . , , . 8 0 . -': . . ~ " <( " <( "' 0 z " ~ " <( " ~ <( "' z " ~ " Month/year - Violent and disorder calls - Linear (Violent and disorder calls) Figure 1 Harborside Park was opened in May of 2006. Since it's opening, the rate of violent and disorder calls at the park have increased 252% over the rate in 2006; from 2.1 per acre per year in 2006 to 7.4 per acre per year in 2007(see Figure 2). 8-2 05/06/2008, Item~ Page 30[9 2006 and 2007 Violent and Disorder Calls per Acre West Side Parks Two Acres or Larger 20.0 18.0 16.0 14.0 12.0 S 10.0 . '" 8.0 6.0 4.0 2.0 0.0 '" '" '" '" '" '" ~ '" '" '" ~ '" !li ~ !li ~ ~ ~ !li !li c: 0- 0- :Ji", 0- 0- ;g W >- :I: "' 1; "0 w g 0- 0 Z ~ ~ "'~ 0 J' '" <ii 0 >- ~!!d '" "' 0 '" '" ~ z~ l!i 0 " ~ '" >- ~ w 0 ~ w ;;' J' w " z " '" 0 '" " w !li '" iil " ~ :J 0 :I: ~ w ~ '" ~ gj z Z gj ~ '" '" c: !li ~ ~ " 0- '" '" " 0- W 13 o '" Pari< . 2006 Rate . 2007 Rate Figure 2 An analysis of the calls and police activity since the park opened shows: . Alcohol is a factor in 29% of all calls to the park . Alcohol plays a part in 31 % if the park's disorder calls . 35% of the disorder calls involve juveniles and in 10% of those calls alcohol is a factor. . 61 arrests and 141 field interviews for a variety of offenses including: o Narcotics (85) and alcohol violations (15) o Assault, robbery, weapons, disorderly conduct, vandalism, truancy, tobacco violations, parole violations, and wanted people. The principal of Harborside Elementary School wrote III an email to the Police Department: I see a great park that is well kept and has a lot of potential for family fun and physical activity for children. Unfortunately, I see a lot of behavior that is just the opposite. I usually get here in the morning, Monday through Friday between 7:30 and 8:00. 75% of the time that I am on campus during these times, I can observe young men drinking beer, smoking cigarettes, and behaving erratically. Some of the behavior I have seen is consistent with intoxication; yelling at no 8-3 05/06/2008, Item~ Page 4 of9 one in particular, jumping up and down on benches, stumbling over bushes and trash cans, and littering around the park. I have also observed younger men entering the school grounds after school, when Little League uses our facilities, and they proceed to urinate on our campus. We have had Little League and our custodians try to combat this behavior. On two occasions, I have directly observed men drinking beer and smoking joints of marijuana as I monitor the perimeter of our school. Last week, during a fire drill at our campus, I found four 32 ounce beer bottles on our campus that I needed to throwaway. I do believe that the alcohol and drug use at the park is a problem. I have had numerous concerns voiced to me by parents that they observe the same types of behavior on the weekends. Officer Xanthe Rosario, the School Resource Officer assigned to Harborside Elementary School reports that in March and April of this year she has been spending about 33% of her time in the park making contacts and dealing with issues that have an effect on the school and park. Officers Sarah Sharpe, Jose Cortez, and Brandon Becker, all of whom patrol that area, report that they continually make contact with people in the park who are in possession of or drinking alcoholic beverages or who are under the influence of alcohol. All officers report contact with legitimate users of the park who express their concern to the officers about the presence of alcohol and the effect it is having on the park's usability. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT Parks Operations maintains a supply of signs on had as part of normal sign installation, therefore there will be no general fund expenditures required to install the signs. ATTACHMENTS Attachment 1 - Various photos of alcohol-related trash at Harborside Park. Attachment 2 - Minutes of April 17, 2008 Parks and Recreation Commission meeting. Prepared by: John Stedman. Public Safety Analyst, Police Department 8-4 05/06/2008, Item~ Page 5 of9 ATTACHMENT 1 Harborside Park Photos 8-5 05/06/2008, Item~ Page 60f9 ATTACHMENT 2 Parks and Recreation Commission Meeting Minutes City of Chula Vista Parks and Recreation Commission Minutes Wednesday - 6:30 p.m. Public Works Center Aprill7.2008 1800 Maxwell Road Meeting called to order by Chair Searles at 6:30 p.m. Stafl Present: Ed Hall. Assistant Recreation Director Richard Hopkins. Engineering & General Services Tom Ciass, Parks Supervisor Guests: Peter Watry- Crossroads, Chula Vista, CA Don Salcido, Chula Vista, CA l. Roll Call/Motion to Excuse Members Present: Commissioner Rios, Searles, Garza, Cien-Mayer, and Chambers Commissioner Scot!, Commissioner Ramos Members Absent: MSC (Garza/Chambers) to excuse Commissioner Scott and Ramos 9. MSC Rios/Cien-Mayer (Vote 5-0-0-2 with Scott and Ramos absent) to take Item 9 Public Comments out of order. Mr. Peter Watry of Crossroads addressed the Commission and thanked the Commission for approving the Drop Hammer that was placed in Memorial Park. He distributed photographs of the Drop Hammer and urged the Commission to visit the park. Mr. Don Salcido, former Parks and Recreation Commissioner commented that the dumpsters at Veterans Park are not emptied often and present an unsightly odor to neighbors of the park. He also noted that he believes that the Park Rangers do not carry enough authority with them to enforce park regulations when it comes to removing people that are utiiizing the park faciiities ii1egally and recommends utilizing the senior patrol or reserve police oflicers to control these issues or to have a "presence" in the park. Chair Searles stated there seems to be a discrepancy with regards to enforcing the current ordinance. This topic was discussed at the February meeting and the park rangers appeared to not have any issues with removing unauthorized users from the park. Mr. Hopkins (Assistant Director of Engineering and General Services) noted that he is aware that the Police Department does not like utiiizing their senior patrol oflicers in situations that will put them at risk. 2. a, Approval of Minutes - February 21 , 2008 8-6 05/06/2008, Item-B- Page 7 of9 MSC Rios/Ramos (Vote 5-0-0-2 with Scott and Ramos absent) to approve Minutes of February 21,2008. b. Consider Changing Meeting Venue for May Meeting - Chair Searles noted that he would like to hold the Parks and Recreation Commission in alternate locations between the Public Works Center and the Civic Center. He requested that staff research meeting venues and provide information at the May meeting. Commissioners Rios, Chambers. Garza. and Cien-Mayer all stated that this was an excellent idea. MSC Rios/Chambers (Vote 4-0-0-2 with Scott and Ramos absent) to approve having the meeting locations in alternate locations and having staff research meeting sights for the upcoming meetings. c. Approval of Alcohol Ban at Harborside Park - Mr. Ed Hall (Assistant Director of Recreation) informed the Commission a request was coming forward with regards to posting signs making it unlawful to consume or possess an alcoholic beverage without a permit within Harborside Park. He further noted that in January 2006 the City placed signs prohibiting alcohol in Lauderbach. Eucalyptus. Memorial. and Friendship Parks (unless the park user was in possession of a valid park use permit). As a result of this action. a downward trend in violent and disorder calls to these parks has been noted. Mr. Hall explained that since the opening of Harborside Park in May 2006. the rate of violent and disorder calls at the park have increased 252% over the rate in 2007. A graph which represents parks in the west side of Chula Vista was discussed. and indicated the "Violent and Disorder" calls to parks that are 2-acres or larger. Commissioner Chambers noted that this ordinance is greatly needed at this park. Chair Searles asked if there are any members of the public who are opposed to the ban of alcohol at any of the parks. Mr. Hall responded that he is not aware of any complaints or opposition to this type of ban. MSC Cien-Mayer/Garza (Vote 5-0-0-2 with Scott and Ramos absent) to recommend the installation of signs prohibiting the possession and/or consumption ot alcoholic beverages in Harborside Park. 3. Information Items a. Update Status on San Miguel Ranch Park and All Seasons Park - Mr. Hopkins (Assistant Director of Engineering and General Services) provided a narrative update on the Master Plan for both parks. He noted that all required fees have been collected for both parks. and also made note of the maintenance cost to both parks as such: $120K for Rancho San 8-7 05/06/2008, Item--f'L Page 8 of9 Miguel Park and $40K for All Seasons Park. The construction cost of the parks are as such: Rancho San Miguel Park - $7million and All Seasons Park is $2.7 million. The contractor will maintain both parks for I-year and then turn it over to fhe City. Mr. Hopkins briefly talked about the park concepts of both parks and its amenities. Commissioner Garza asked about lighting at Rancho San Miguel Park. Mr. Hopkins responded that the electrical conduits would be installed and the City Council would have to rnake decision on weather the park will be lighted or not. since there are budget constraints. . Commissioner Garza highly urged and recommended that the park be lighted. Chair Searles inquired if the maintenance cost for both parks are for additional staff. Mr. Hopkins responded no, and stated that the maintenance cost reflects current staff levels. Mr. Class (Parks and Open Space Manager) also responded that the $120K includes current staffing, at of which, the departrnent is down 7 gardeners. Mr. Hopkins inforrned the commission that the Parks Division took rnajor hits with regards to their staffing, and the maintenance of parks would be decreased due to the shortage in staff. He further noted that he wasn't optimistic with the City hiring additional park maintenance staff. b. Update on Lauderbach Park - Mr. Hopkins (Director of Engineering and General Services) made reference to the public meeting of December 2006 as a result of continued complaints and concerns about homeless individuals hanging out in the park. Priorities were received at the public meeting which included, enhancement to lighting, fencing off the Boys & Girls Club area, improvernent to tot-lot area, restroom, improve the picnic areas, and programming of park for practices. The City is starting on the 2nd phase of construction which includes: building a restroom, upgrading the tot-lot area which includes removing the sand and replacing it with surfacing, and adding a fence around the tot-lot area. In addition, the fencing between Most Precious Blood and Lauderbach will be taken down, and there will be shared cost of maintaining the shrubbery. Chair Searles stated that it is important that the park is safe and engaging the community to make the park useable and as friendly as possible is the goal. Mr. Hopkins also made the commission aware of the San Diego Community Housing Corporation. This organization provides youths between the ages of 18 and 24 training in construction. They approached the City about renovation projects that this group can take 8-8 05/06/2008, Item~ Page 9 of9 on. Examples of renovation projects include: Greg Rogers Park restroom, break-room at Rohr Park, public area in-front of Luaderbach (Boys & Girls Club) remove bench which used to be bus stop, but is now used by homeless individuals. 4. Unfinished Business: None 5. New Business: None 6. Written Communications: None 7. Commission Comments: Commissioner Rios noted that he read in the San Diego Union Tribune that Recreation was now overseeing the Nature Center and thought it would be a great addition to the Department. Commissioner Garza asked that staff look at the pros and cons when making decisions that would affect the community. Chair Searles stated that he also thinks that the Nature Center is a great addition to the Recreation Department, and thought about having Nature Center staff attend the commission meetings and vice-versa. 8. Staff Comments - a. Recreation Monthly Report - Mr. Hall informed the Commission that the City is streamlining board and commission functions. The recommendation is that the commissions will meet every other month with the ability to call a special meeting if needed. Currently the City has 22 boards and commission, and total yearly cost is $850K. Recreation's staff cost is $30K. Chair Searles made note of Mr. Hall receiving the Public Health Champion Award that he received on April 4th. b. Public Works Monthly Report - Mr. Class reported that 1 full-time park ranger was cut from the budget, however, the department was able to transfer him to the parks division as a gardener. Commissioner Cien-Mayer asked how many park rangers the city had. Mr. Class responded that there are 2 full-time park rangers, and 9 part-time rangers. Meeting adjourned at 7:20 p.m. to May 15, 2008 Margarita Cellano, Recreation Department 8-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING POSTING OF "NO ALCOHOL" SIGNS AT HARBORSIDE PARK WHEREAS, Harborside Park, located at 670 Oxford St., was opened in May of2006; and WHEREAS, Since its opening, the rate of violent and disorder calls at the park have increased 252% over the rate in 2006; from 2.1 per acre per year to 7.4 per acre per year; and WHEREAS, Alcohol use is a factor in 29% of all calls to the park and 31 % if the park's disorder calls; and WHEREAS, Municipal Code 2.66.043 makes it unlawful to consume or possess an alcoholic beverage without a permit within any city park if there are signs posted prohibiting such activity; and WHEREAS, Harborside Park currently does not have any signs prohibiting the consumption or possession of alcohol in the park; and WHEREAS, In January, 2006 the city installed signs prohibiting alcohol in Lauderbach, Eucalyptus, Memorial and Friendship Parks unless in possession of a valid permit; and WHEREAS, From January 2006 through December 2007, there was a 25% decrease in violent and disorder calls in Lauderbach, Eucalyptus, Memorial and Friendship parks; and WHEREAS, Both the Parks and Recreation Commission and the Public Safety Subcommittee have supported the installation of "No Alcohol" signs at Harborside Park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that Harborside Park, located at 670 Oxford Street in the City of Chula Vista, is experiencing problems with the public's consumption of alcohol, and as a result, pursuant to the provisions of Chula Vista Municipal Code section 2.66.043, the City Council does approve the posting of signs, prohibiting the consumption or possession of alcoholic beverages at Harborside Park. Presented by: Approved as to form by: Richard P. Emerson Police Chief G.. t fl0vf;tkttd/tL ~ /;,Ann Moore 1 ' , ;I City Attorney 8-10 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~l'f:. ellY OF :lIfi CHUlA VISTA May 6, 2008, Item q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT, AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS FOR FEDERAL ASSISTANCE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROVING THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN AND AUTHORIZING THE NECESSARY APPROPRIATIONS TO FUND THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN CITY MANAGER 4/5THS VOTE: YES [!] NO c=J SUMMARY As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and city departments to provide decent housing, economic opportunities and provide a suitable living environment for low and moderate income persons. On March II, 2008, the City Council held a Public Hearing on the 2008-2009 CDBG, HOME and ESG funding recommendations. This item will approve the final Action Plan which contains the spending plan, as well as amend the 2007-2008 Action Plan to reallocate unencumbered or unexpended CDBG funds. ENVIRONMENTAL REVIEW All projects with the exception of the ADA curb ramps are deemed exempt per the National Environmental Protection Act regulations. An environmental review will be conducted on ADA curb ramps prior to the contract award. 9-1 RECOMMENDATION Adopt resolution. May 6, 2008, Item'l. Page 2 of7 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION 2008-2009 ANNUAL ACTION PLAN This report reviews the 2008-2009 entitlement amounts as well as the requests for funding received from various City departments and local organizations. For 2008-2009, the City anticipates utilizing the combined federal resources ($1, 973, 771 in CDBG, $88,169 in ESG and $906,542 in HOME). The following breaks down the federal grants, detailing the specific use of funds. ESG: $88,169 (3%) COMMUNITY DEVELOPMENT BLOCK GRANT In order to be eligible for CDBG funding, a project or program must address at least one of the national objectives, which are: 1) benefit primarily low and moderate income families; 2) aid in the prevention or elimination of slums or blight; and 3) meet other community needs such as natural disasters. For the 2008-2009 CDBG program, the City ofChula Vista will receive an entitlement of $1,973,771. The total dollar amount of CDBG funding requests and staffs recommendations is summarized in Attachment No. 1 to this report. In addition, the pie chart below illustrates how the full amount of CDBG funds will be distributed in 2008- 2009. Distribution of CDBG Grant erp's (including 108 payment) 64% General (Other) 5% 9-2 Elderly 2% Administration & PIarming 20% Public Services Category: The City received seventeen eligible requests for public services totaling $358,245. Based on the 15 percent cap of the annual grant ($1,973,771), the City may allocate up to $296,065 for public service programs. The funding requests received from all public service organizations were determined to be CDBG-eligible, as they meet the national objective to primarily benefit low-income families. Staff recommends funding all seventeen. All have been funded in the past and have provided valuable services in various categories while adhering to all of the program regulations. There was no change in priorities and no significant May 6, 2008, Item q Page 3 of7 change was received in funding levels at the federal level, therefore the programs will receive similar funding as in prior years. The pie chart below demonstrates how the Public Services portion of the CDBG grant funds will be distributed in 2008- 2009. Elderly 10% Special Needs 11% Youth Capital Improvement and Community Enhancement Category: The City has historically allocated approximately $1.3 million of the CDBG entitlement amount to fund capital improvement projects and community enhancement projects. Although this category is not subject to a spending cap limit, the funding is determined by the residual amount after the distribution among the Administration and Public Services categories. For 2008-2009 the remaining amount is $1,282,952 and will be allocated to a Community Non-Profit capital improvement project, the City's ADA curb cut project, and payment of the Section 108 Loan which is being utilized for sidewalks in the Castle Park Area. The pie chart below demonstrates how the Capital Improvement and Community Enhancement portion of the portion the CDBG grants funds will be distributed in 2008- 2009. Home Improvement Loan Program 350/< Community Non- Profits 5% Administration and Planning: This amount includes administration and planning costs related to the general management, oversight and coordination of the CDBG program. No more than 20% of the annual entitlement ($394,754) may be obligated under this category. In addition to city staff costs, administration funds also fund outside planning functions such as fair housing activities and homeless information and referral services. 9-3 May 6, 2008, Item '1 Page 4 of7 EMERGENCY SHELTER GRANT (ESG) PROGRAM Chula Vista will receive ESG entitlement funds in the amount of $88,169 for fiscal year 2008-2009. ESG program is designed to be the first step in a continuum of assistance to prevent homelessness and to enable homeless individuals and families to move toward independent living. ESG is a formula-funded program that uses the CDBG formula as the basis for allocating funds to eligible jurisdictions. The City received a proposal from South Bay Community Services to provide homeless services primarily to women, children and families. HOME INVESTMENT PARTNERSIDP ACT (HOME) PROGRAM The City will receive $906,542 in HOME funds from HUD for fiscal year 2008-2009, which includes $7,048 of set-aside funds for the American Dream Down Payment Program. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past seven-years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. PROJECT CONTRACTS HUD requires a written contract between the City and each project/program funded through the CDBG, ESG and HOME funds. HOME funds are primarily used for the provision of affordable housing and requests will be brought forward as projects are negotiated. The Project contracts between the City and the subrecipients cover the period from July 1, 2008 to June 30, 2009. Each contract has several exhibits attached which are incorporated into the contract. The sample CDBG contract is included as Attachment No.2 and contains the respective attachments (A through D). The attachments to the agreements are: . Attachment A: The Scope of Work describes the service the agency will be providing and the estimated number of people who will receive services each month. This performance schedule will be used to monitor each agency's progress in completing the scope of work. It will also include an estimated budget which details how the agency intends to expend the CDBG and ESG funds. This itemized budget will be used to monitor expenditures throughout the year. Minor adjustments to budget line items or necessary programmatic changes to the scope of work will be handled administratively. . Attachment B: Insurance Requirements for the City of Chula Vista. . Attachment C: The HUD Income Limits for the San Diego Standard Metropolitan and sample form (effective March 2008) will be used to determine the number oflow income households/persons served. Each program is required to serve a minimum of 51 percent low-income persons/households. A sample form for capturing this data is included in CDBG agreements. . Attachment D: City of Chula Vista Third Party Disclosure Form. This form is provided to Subrecipients to complete. 9-4 May 6, 2008, Item :l Page 5 of7 The request for the authority to execute contracts includes the following organizations for the purpose and amount stated: Contract OrganizationfDepartmcnt Pro,ject/Program Amount South Bay Adult Day Health Care Adult Protective Services Center Transportation $ 11,000,00 Lutheran Social Services Caring Neighbors - Home Repair $ 20,000.00 Ecumenical Council of San Diego Interfaith Shelter Network $ 10,350.00 South Bav Community Services Thursdav's Meal $ 10,000.00 Charles I. Cheneweth Foundation Community Access Program $ 11,000.00 Chula Vista Veterans Home Sunnort Rehabilitation Services $ 3,500.00 South Bav Familv YMCA $ 29,854.00 Chula Vista Beacon Center $ 7,783.00 Chula Vista Bovs and Girls Club $ 14,413.00 Chula Vista Police Athletic Leapue Youth Prevention and Diversion $ 5,000.00 South Bav Community Services $ 39,550.00 Chula Vista Community Collaborative Family Resource Center $ 35,000.00 KidCare Express III Mobile Chula Vista Familv Health Center Medical Unit $ 27,000.00 Lutheran Social Services Proiect Hand $ 7,380.00 South Bay Community Services / Family Violence Treatment YMCA Program $ 34,000.00 Chula Vista Familv Health Center HV AC Proiect $ 30,000.00 Regional Task Force on the Regional Task Force on the Homeless Homeless $ 1,000.00 South Bay Community Services Casa Nueva Vida $ 83,769.00 The above list of contractors includes outside agencies and does not include City administered projects and programs. 9-5 May 6, 2008, Item 3- Page 6 of7 AMENDED 2007-2008 ANNUAL ACTION PLAN The 2007-2008 Annual Action Plan will be amended to reallocate prior year CDBG Funds. The chart below demonstrates the origin of the reallocated funds as well as the proposed new projects. Following the chart is a more detailed explanation on the reallocation of funds. Bo s and Girls Club Lauderbach CIP 2007-2008 Community Housing Improvement Revolving Loan Program $ 426,609 Rehabilitation Loan Pro am Income Loan Fund Total $ 1,226,609 1. The Section 108 Loan Repayment of $800,000 was not utilized due to a delay in loan processing. For this reason, no payment was necessary for fiscal year 2007-2008. The reallocated funds will be targeted to the same project in the Castle Park area, more specifically entitled the First Avenue Project (STL303). These funds were previously appropriated; therefore, a new appropriation is not required. 2. Per the Boys and Girls Club request, the funds previously allocated to the Lauderbach CIP will be reallocated to another eligible activity. 3. Program income funds are generated from the City's Community Housing Improvement Program (CHIP) Loan through payoffs as well as interest earned. Although the funds will be utilized for the same purpose, it is necessary to reallocate the funds to properly establish a Revolving Loan Fund which is not currently in place. 4. The City of San Diego did not execute the agreement for the San Diego Revolving Loan Fund program; therefore, funds can not be released and will be reallocated to the CHIP program. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember Steve Castafieda has property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT 2008-2009 Budget The City will allocate $1,973,771 in CDBG; $899,494 in HOME and $88,095 in ESG, for a total of $2,968,482 in 2008-2009 Entitlement Funds. The grand total of $2,968,482 federal grant funds will be appropriated in the fiscal year 2008-2009 City Proposed Budget as follows: 9-6 May 6, 2008, Item 1- Page 7 of7 Grant Program Budget Fund Budget Category Amount CDBG 333) CDBG (333) HOME (321) CDBG 333) ESG 314) CDBG 333 HOME (321) SG(314) $ 390,000.00 $ 587,647.00 $ 816,593.00 $ 637,370.00 $ 83,769.00 $ 358,754.00 $ 89,949.00 $ 4,400.00 TOTAL $2,968,482.00 Administration Administration The above amount represents a 1 % reduction in CDBG and HOME funding. This will reduce funds available for administration which results in a net impact to the General Fund of approximately $5,000. CDBG, HOME and ESG contracts, internal projects and administrative costs, totaling $2,968,482, will be funded out of the City's 2008-2009 Department of Housing and Urban Development grant funds. In the remote event that HUD should withdraw the City's CDBG and HOME funding, the agreements provide that the City is not obligated to compensate the Subrecipients for program expenditures. 2007-2008 Budget For Fiscal Year 2007-2008, real10cated as fol1ows: the $1,226,609 of Prior Year CDBG Funds will be Budget Grant Program (Budget Fund) Category Amount CDBG 333) CDBG 333) $ 800,000 $ 426,609 $ 1,226,609 ATTACHMENTS 1. 2008-2009 Funding Requests and Funding Recommendations 2. Sample CDBG Agreement (which includes the fol1owing attachments): . Attachment A- Scope of Work . Attachment B- Insurance Requirements . Attachment C- HUD Income Limits 2008 . Attachment D- Disclosure Form 3. Sample Emergency Shelter Grant Contract (which wil1 include Attachments A through B listed above) 4. Sample HUD Contracts Prepared by: Angelica Davis, Redevelopment and Housing Program Coordinator II 9-7 Summary of Federal Grant Requests Requests and Recommendations CDBG - HOME - ESG 2008/2009 Ecumenical Councl of San Diego Interfaith Shelter Network $ $ 10,350.00 $ 11,000.00 $ 21,350.00 $ 10,350.00 South Bay Community Services Thursday's Meal 10 ,000 ,00 Subtotal $ 20,350.00 Charles I. Cheneweth Foundation Community Access Program $ 15,000,00 $ 11 ,000.00 Chula Vista Veterans Home Support Rehabilitation Services $ 4,000,00 $ 3,500.00 Recreation Department Therapeutic Recreation Services $ 25,626,00 $ 17,936.00 Subtotal $ 44,626.00 $ 32,436.00 Recreation Department WizKidz Program $ 15,571,00 $ 12.299.00 South Bay Famiiy YMCA $ 42,076,00 $ 29,B54.00 Chula Vista Beacon Center $ 10,969.52 $ 7.783.00 Chula Vista Boys and Girls Club Youth Prevention ond Diversion $ 20.313.00 $ 14.413.00 Chuia Vista Police Athletic Lea ue $ 5,000,00 $ 5,000.00 South Bay Community Services $ 52,640.00 $ 39,550.00 Subtotal 146.569.52 $ 108,899.00 Chula Vista Community Collaborative Family Resource Center $ 35,000.00 $ 35,000.00 KidCare Express III Mobiie Chula Vista Famiiy Health Center Medical Unit $ 30.000.00 $ 27,000.00 Lutheran Social Services Project Hand $ 8,000.00 $ 7,380.00 outh ay Community Services / Family Violence Treatment YMCA Program $ 35,700.00 $ 34,000.00 Subtotal $ 108,700.00 $ 103,380.00 Total $ 358,245.52 $ 296,065.00 Attachment No.1 9-8 Summary of Federal Grant Requests (con!.) CDSG (Continued) . . Amount Recommended Organization/Department Project/Program Requested Funding Chula Vista Family Heaith Center HV AC Project $ 30.000.00 $ 30.000.00 Engineering and General Services Department ADA Curb Cuts $ 350.000.00 $ 390.000,00 Community Housing Redevelopment and Housing Improvement Program $ 225.582.00 $ 225.582.00 Redevelopment and Housing Section 108 Loan Payment $ 637.370.00 $ 637.370.00 Total $ 1,212,952.00 $ 1,282,952.00 Amount Recommended Organization/Department Project/Program Requested Funding Redevelopment and Housing Fair Housing Services $ 35.000.00 $35.000,00 Regionai Task Force on the Regional Task Force on the Homeless Homeless $ 1 .000.00 $1.000,00 Redevelopment and Housing Planning & Administration $ 358.754,00 $ 358.754,00 Total $ 394,754.00 $ 394,754.00 HOME $906,542.00 Redevelopment and Housing Production of Affordable Housing $ 809 .545,00 $ 809,545,00 Redevelopment and Housing Redevelopment and Housing HOME Planning & Administration $ Program 89.949,00 $ 7.048,00 $ 89.949,00 7.048,00 Total $ 906,542.00 $ 906,542.00 ESG $88,169.00 ESG Planning & Administration $ $ 85.000,00 $83.769,00 South Bay Community Services Coso Nueva Vida Redevelopment and Housing 4.400,00 $ 4.400,00 Total $ 85,000.00 $88,169.00 Attachment No.1 9-9 ~ 1ft.. -(1- - 0lY OF CHUIA VISTA AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT INSERT SUBRECIPIENT NAME INSERT PROJECT NAME This Contract Number by and between the (hereinafter referred to as "Subrecipient") and the City of Chula Vista (hereinafter referred to as "City") is effective on Julv 1,2008 ("Effective Date"), WITNESSETH: WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"), the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; and WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant funds; and WHEREAS, City incorporated the Subrecipients's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S, Department of Housing and Urban Development (HUD); and WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; and WHEREAS, it is the desire of the Subrecipient and the City that the Project be implemented by the Subrecipient; and WHEREAS, the Subrecipient shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the ^ttClC~JO. 4008/2009 CDBG Contract Page 1 of 12 9-10 City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annua[ . Funding Plan. The Annua[ Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Subrecipient sha[1 also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Subrecipient include. but are not limited to. the obligation to as applicab[e comply with each of the fo[lowing as may be amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383. as amended. 42 USC S 5301. et seq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1. et seq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the [ow that further the purposes of the Nationa[ Environmenta[ Policy Act of 1969 and the procedures by which grantees must fu[fill their environmental responsibilities; d. Tit[e VI of the Civil Rights Act of 1964 (42 USC S 2000d); Tit[e V[[ of the Civil Rights Act of 1964 (Pub[ic Law 88-352); Tit[e V[[[ of the Civil Rights Act of 1968 (Fair Housing Act. 42 USC S 3601. et seq.); Section 109 of the Housing and Community Deve[opment Act of 1974; Executive Order 11246. as amended (equa[ employment opportunity); Executive Order 11063 (non-discrimination). as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil ri!;jhts; e. Section 3 of the Housing and Urban Deve[opment Act of 1968. as amended. 12 U.s.e. 1701 u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): I. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Deve[opment Act of 1968. as amended. 12 U.S.e. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3. shall. to the greatest extent feasible. be directed to low- and very [ow-income persons. particularly persons who are recipients of HUD assistance for housing. Attachment No. 4008/2009CDBGContract 9-11 Page2ot12 ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Subrecipient agrees to send to each labor organization or representative of workers with which the Subrecipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Subrecipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-contractor is in violation of the regulations in 24 CFR part 135. The Subrecipient will not subcontract with any sub-contractor where the Subrecipient has notice or knowledge that the sub contractor has been found in violation of the regulations in 24 CFR part 135. v. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before the contract is executed, and [2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subrecipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination.of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 71b) of the Indian Self-Determination and Education Attachmcnt--No. 400812009 CDBGContract 9-12 Page 3 of 12 Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 71b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and Iii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7Ib). f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC S 4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled" Audits of States, Local Governments, and Non-ProFit Organizations"; and OMB Circular A-l10 entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations. " h. Grant administration requirements as described in 24 CFR 570.504, which requires Subrecipient to return any program income earned by Subrecipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Subrecipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Subrecipient's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of. or improvement to, the property. Reimbursement is not required after the five-year period /\ tta cR-me-A-t No. 4008/2009 CDBG Contract 9-13 Page 4 of 12 pursuant to 24 CFR 570.505. Program income on hand at the time' of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract. i. 24 CFR 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and AFChaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; k. The Labor Standards Regulations set forth in 24 CFR 570.603; I. Labor Code section 1771 concerning prevailing wages; m. The Hatch Act relating to the conduct of political activities [5 U.S.c. S 1501, et seq.); n. The Flood Disaster Protection Act of 1973 (42 U.S.c. S 4001, et seq., and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act (42 U.S.c. S 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.s.e. S 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6); q. The Drug-Free Workplace Act of 1988 (Public Law 100-690); r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; s. No member, officer or employee of the Subrecipient, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such lJta chm c n-t--N O. 4008/2009 CDBG Contract Page 5 of 12 9-14 interest pursuant to the purposes of this certification. t. The Subrecipient certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, . renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying", in accordance with its instructions. t. The Architectural Barriers Act of 1968 (42 U.S.c. 3 4151, et seq.); u. The Americans with Disabilities Act [42 U.S.c. 3 12101); and v. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.c. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference. w. Subrecipient shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Subrecipient to comply with the requirements of any such obligation. 2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable local, state, and federal laws, regulations, and ordinances when performing the work required by this Contract. 3. COMPENSATION: City shall reimburse Subrecipient for the costs it incurs for work performed under this Contract, not to exceed a maximum reimbursement of S . Subrecipient shall not submit claims to the City AttG ch me Rt-N O. 4008/2009 CDBG Contract Page 6 of 12 9-15 nor shall City reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly progress payments upon submittal by Subrecipient of a certified statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Subrecipient that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. INDIRECT COSTS: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval. 6. EXPENDITURE STANDARD: To insure effective administration and performance of approved Community Development Block Grant projects and to meet HUD performance standards, Subrecipient shall demonstrate reasonable progress on implementation of the project, expending all contracted funds within the term of the contract. In the event all funds are not expended within the term period, the City shall notify the Subrecipient of the expenditure deficiency. Subrecipient will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Subrecipient agrees that the City may reallocate the amount of the expenditure deficiency. 7. TERM: This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Subrecipient has carried out all its obligations under the contract. Services of the Subrecipient shall start on the 1 st day of July, 2007 and end on the 30th day of June of 2008. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. 8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be terminated for convenience in accordance with 24 CFR 85.44. 9. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the Community Development Block Grant Program or terminates the Project that is the subject of this Contract. /\ttacAmcnt No. 9-16 4008/2009 CDBG Contract Page 7 of 12 10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Subrecipient fails to fulfill in a timely and proper manner its obligations under this Contract to undertake, conduct or perform the Project identified in this Contract, or if Subrecipient violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Subrecipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Subrecipient of the effective date of termination. Even if City terminates the Contract, Subrecipient shall remain liable to City for all damages sustained by City due to Subrecipient's failure to fulfill any provisions of this Contract, and City may withhold any reimbursement payments form Subrecipient for the purpose of set-off until the exact amount of damages due to City from Subrecipient is determined. Subrecipient hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 11. CONTRACT ADMINISTRATION: The Redevelooment and Housina Manaaer of the City of Chula Vista, shall administer this Contract on behalf of the City. The Director of the Chula Vista Communitv Collaborative shall administer this contract on behalf of the Subrecipient. Within a reasonable time after the City makes a request, Subrecipient shall give the City progress reports or other documentation as required by the City's Administrator to audit Subrecipient's performance of this Contract. 12. RECORDS AND REPORTS: The Subrecipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Subrecipient's project. All records of the Subrecipient related to this Contract or work performed under the Contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. 13. RETENTION: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 14. DATA: The Subrecipient shall maintain data demonstrating eligibility (low-moderate locations) for services provided. Such data shall include, but not be limited to exact location of the work performed, and a description of service ,^\ttachmcA-t---No. 400812009 CDBG Contract 9-17 Page 8 of 12 provided. Such information shall be made available to City monitors or their designees for review upon request. 15. DISCLOSURE: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the state of Federal law privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 16. QUARTERLY REPORTS/ANNUAL REPORT: Subrecipient shall provide the City with a quarterly report, submitted no later than 15 days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. Quarterly Performance Reports are due October 15 (1'1 Quarter), January 15 (2nd Quarter), April 15, (3rd Quarter) and July 15 [4th Quarter). The Annual Performance Report will also be due July 15. 17. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall defend, indemnify, and hold the City, its officers, agents, employees and volunteers harmless from and against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs by this Contract arising either directly or indirectly from any act, error, omission or negligence of Subrecipient or its officers, employees, agents, Subrecipients, licensees or servants, including without limitation, c1airns caused by the concurrent act, error, ornission or negligence, whether active or passive, of City, and/or its agents, officers, ernployees or volunteers. However, Subrecipient shall have no obligation to defend or indemnify City frorn a c1airn if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Subrecipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indernnify, defend [with counsel selected by City) reimburse and hold City and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities [including sums paid in settlement of claims) or loss, including attorneys' fees, consultant's fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises, and the release or discharge of hazardous materials by Subrecipient during the course of any alteration or improvements of the Premises ,^, tt8 C R-me-A-t--N O. 4008/2009 CDBG Contract Page 9 of 12 by Subrecipient, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: a. Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the commencement date; b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the commencement date; c. Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the term of this Contract by any person, corporation, partnership or entity other than City. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this Contract and shall be governed by the laws of the state of California. 18. AUDIT COSTS: Subrecipient shall reimburse City for all costs incurred to investigate and audit Subrecipient's performance of its duties under the Contract if Subrecipient is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Subrecipient under this Contract. 19. ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. 20. MODIFICATION. This Contract may not be modified except by written amendment executed by each party. 21. ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City of Chula Vista as the source of funding, or, If applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Subrecipient agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. 22. INSURANCE: Subrecipient agrees to comply with the insurance requirement set forth in Attachment "A." any 23. NO WAIVER: No failure, inaction, neglect or delay by City in exercising of its rights under this Contract shall operate as a waiver, forfeiture or /\ t-t-ae-Rme-A-t-N O. 4008/2009 CDBG Contract Page 10 of 12 9-19 abandonment of such rights or any other rights under this Contract. 24. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail. postage prepaid, addressed to: Subrecipient: Insert Name of Subrecipient Title of Agency Address City, State Zip Code City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 /\tta cA-meR-t---N o. 9-20 4008/2009 CDBG Contract Page 11 of 12 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA David R. Garcia, City Manager, City of Chula Vista APPROVED AS TO FORM Ann Moore City Attorney ATTEST City Clerk INSERT NAME OF SUBRECIPIENT , Title /\ tta chmeR-t---N 0 . 9-21 4008/2009 CDBG Contract Page 12 of 12 "ATTACHMENT A" SCOPE OF WORK Page 1 of 2 (SUBRECIPIENT) has a certain project to be implemented with Community Development Block Grant (CDBG) Program funds. The work to be accomplished includes the following: . Insert Goals and Objectives using CDBG Agreement Performance Measurement: Assist Vista. low-moderate income residents of Chula CDBG National Obiective: LMC (Limited Clientele): Low/Moderate Income A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to fullfill the project by June 30, 2009, or earlier. B. ESTIMATED BUDGET: SUBREClPIENT shall make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than S for work performed under this Contract. The Estimated Budget shall be apportioned and expended in accordance with the table below: Expense Item Descriotion Estimated Budaet Contract total SKXXX.OO In addition to the required quarterly reports identified in Section 12 of this CONTRACT, the Subrecipient shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled at the end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and shall be submitted to the City of Chula Vista Redevelopment and Housing Department upon receipt of a written request and at the time of any monitoring of project records. Attachment No.2 9-22 0lY OF CHULA VJSrA "ATTACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 1 of 3 Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General liability coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile liability, codel (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's liability Insurance. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General liability: (Including operations, products and completed operations, as applicable.) 2. Automobile liability: 3. Workers' Compensation Employer's liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee Deductib/es and Self-Insured RetenHons Any deductibles or seif-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers: or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Attachment No.2 9-23 01Y OF CHUlA VISfA "ATTACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 2 of 3 Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: ,. The City of Chula Vista. its officers. officials, employees. agents. and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor. where applicable, and. with respect to liability arising out of work or operations performed by or on behalf of the contractor including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically. the endorsement must not exclude Products / Completed Operations coverage. 2. The contractor's insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials. employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnity the additional insured wouid be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Contractor's insurer will provide a. Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Attachment NO.2 9-24 0lY OF CHUlA VISrA "ATTACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 3 of 3 Subcontractors Contractor must include ail subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. Ail coverage for subcontractors are subject to ail of the requirements included in these specifications. Attachment NO.2 9-25 ATTACHMENT "C" HUD INCOME LIMITS 2008-CITY OF CHULA VISTA $ 44,250.00 27,650.00 1 6,600.00 2 50,550.00 31,600.00 18,950.00 3 56,900.00 35,550.00 21,350.00 4 63,200.00 39,500.00 23.700.00 5 68,250.00 $ 42,650.00 25,600.00 6 73,300.00 45,800.00 27,500.00 7 78,350.00 49,000.00 $ 29,400.00 8 $ 83,400.00 52,150.00 31,300.00 l\ttacA-mcnt No. 2 9-26 Attachment "C" HUD Income Limits (Continued) CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE Your cooperation in filling out this form is requested. Record keeping on income of participants in the program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary. 1. What is the total number of persons in your household? 2. What is the total combined annual income of all members of your household? (Please check one line below.) _Extremely Low Income below the following income limits based on family size: (11 $16.660 (2) $18.950 (3) $21.350 (4) $23.700 (5) $25.600 (6) $27.500 (71 $29.400 (8) $31,300 _Very Low Income below the following income limits based on family size: (I) 27,650 121 $31.600 13) $35,550 (4) $39,500 (51 $42,650 (6) $45.800 (7) $49,000 18) $52,150 _Low Income below the following income limits based on family size: (I) $44,250 (2) $50,550 (3) $56.900 (4) $63.200 (51 $68,250 (6) $73,300 (7) $78,350 (8) $83.400 _Not Low Income and do not fall into the extremely, very low, or low income categories listed above based on family size. [NOTE: The above information is for 2008 and changes each calendar year. To obtain updated information go to htto"/Iwww huduser.ora/datasets/i1 html and search for income limits for the San Diego area.) 3. Please chec e ox eow a es escn es your amllY. RACE CATEGORIES HISPANIC/ ETHNICITY Check One Race Category Only Check Only If Also Hispanic White Black/ African American Asian American Indian/Alaska Native Native Hawaiian/ Other Pacific Islander Multi-Racial: American Indian/Alaska Native AND White Asian AND White Asian AND Pacific Islander Black/ African American AND White American Indian/Alaska Native AND Black/African American Other Multi-Racial k th b b I th t b t d 'b f '1 Name: (Print) Household Address: Telephone Number: Signature: Note: Name, address, telephone and signature ore optional. An unique identifier may be used to trace client served to meet COBG limited clientele requirement. AttDChme-A-t--No.2 9-27 Attachment "c" HUD Income Limits Attachment "0" _ ~isclosure statement This has been provided by you and is currently on file with the City of Chula Vista Redevelopment and Housing Attachment No.2 9-28 Attachment "D" Disclosure Form ~\ft.. --- 01Y Of CHUlA VISTA CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT INSERT CONTRACTOR'S NAME INSERT PROJECT NAME This Contract is entered into by and between City of Chula Vista ("City") on Julv 1, 2008. ("Contractor") and the WIT N E SSE T H: WHEREAS, there has been enacted the Emergency Shelter Grants ("ESG") Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the "Act", 42 U .S.C. 11361, et seq.). The ESG Program authorizes the Secretary, U.S. Department of Housing and Urban Development ("HUD"), to make grants to States, units of general local government. territories, and Indian Tribes for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless; for payment of certain operating expenses and essential services in connection with emergency shelters for the homeless; and for homeless prevention activities; and WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of essential ESG activities; and WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan ("AFP") which was submitted to HUD; and WHEREAS, Chula Vista City Council approved the Project on May 6, 2008 and HUD has approved the City's AFP for the ESG funds. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: Contractor shall implement the Project described in Attachment "A" hereof (the "Scope of Work") fully in accordance with the terms of the AFP approved by the City and submitted to HUD in application for funds to carry out the Project and the certifications which were submitted concurrently with the AFP ("Certifications"), The AFP and Certifications form is hereby incorporated by reference into this Contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP and Certifications. Contractor's obligations include, but are not limited to, compliance with the current and most up-to-date version of each of the following: AttachmentNo. 3 9-29 2008/2009 ESG Contract Page 1 of 9 (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, et seq.) as amended; (b) HUD regulations relating to ESG Program (24 CFR Part 576); (c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR 576.57, subd. (e)); (d) Title VI of the Civil Rights Act of 1964 (42 USC S 2000d); Title VII of the Civil Rights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC S 3601. et seq.); S 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) Section 3 of the Housing and Community Development Act of 1974, includes: (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract. the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. Attachme f1tt\J o. 3 9-30 2008/2009 ESG Contract Page 2 of 9 (4) Contractor sha[1 include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not fi[led to circumvent Contractor's obligations under 24 CFR part 135. (6) Noncomp[iance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (Ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). (f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 USC S 4601, and implementing regulations at 49 CFR Part 24; (g) Office of Management and Budget Circu[ar A-122 entitled "Cost Principles for Non-Profit Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States, Loca[ Governments, and Non-Profit Organizations" and with Office of Management and Budget Circular A-11 0 entitled "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations."; (h) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set forth in 42 U.S.C. 11375; (i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; AttactTmenlf'\Jo. 3 9-31 2008(2009 ESG Contract Page 3 of 9 OJ The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeologicaf and Historical Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; (k) The Labor Standards Regulations set forth in 24 CFR 570.603; (I) The Architectural Barriers Act of 1968 (42 U.S.c. S 4151, et seq.); (m) The Hatch Act relating to the conduct of political activities (Chapter 15 otTitle 5, U.S.C.); (n) The Flood Disaster Protection Act of 1974 (42 USC S 4106 and the implementing regulations in 44 CFR parts 59 through 79; (0) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8. (p) The Clean Air Act (42 U.S.C. S 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.c. S 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 6); (q) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (r) Contractor will adopt a policy consistent with Board of Supervisors' Policy B-39a, "Disabled Veterans Business Enterprise Program", in order to insure that every effort is made to provide equal opportunity to every disabled veteran business vendor, contractor and subcontractor; (s) No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; (t) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Attachmerrr-N o. 3 9-32 2008/2009 ESG Contract Page 4 of 9 influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any- federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 2. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. 3. COMPENSATION: City shall reimburse Contractor for the costs it incurs for work performed under this Contract not to exceed a maximum reimbursement of $XX,XXX. Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Contractor monthly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. EXPENDITURE STANDARD: In order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall expedite implementation of the Project described herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Contractor of the expenditure and implementation deficiency. Contractor will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Contractor agrees that the City may reallocate the amount of the expenditure deficiency. 6. TERM: This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 151 day of July, A ttactTm e I1tf\;J o. 3 2008/2009 ESG Contract 9-33 Page 5 of 9 2008 and end on the 30th day of June of 2009. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of ESG funds. - 7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by either party after thirty (30) days' written notice of intent to terminate has been given to the other party. However. no notice of termination given by Contractor shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. 8. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United states Government terminates the ESG Program or the Project. City shall provide written notice to Contractor of the intent to terminate. 9 . TERMINATION OF CONTRACT FOR CAUSE: Contractor and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake. conduct or perform the Project identified in this Contract, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the Agreement, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this Contract, and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is determined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 10. CONTRACT ADMINISTRATION: The City Manager, shall administer this Contract on behalf of the City. The Executive Director, South Bav Community Services. shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this Contract. 11. RECORDS AND REPORTS: The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze Contractor's project. All records of the Contractor related to this Contract or work performed under this Contract shall be open and available for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained for a period of at least four (4) years after the end of the grant term. QUARTERLY REPORTS/CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT rCAPER): Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an Attachmentt\J o. 3 9-34 2008/2009 ESG Contract Page 6 of 9 itemized accounting of the expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG funds until the report has been submitted. Evidence of match must be submitted with each quarterly and annual report (CAPER). Quarterly Report due dates are: October 16, January 15 , April 16, July 15. CAPER due date is July 15, 2008 12. INDEMNIFICATION: City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil. ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil. ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or A~o.3 9-35 2008/2009 ESG Contract Page 7 of 9 (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the Contract, any or any transfer of all or any portion of the Premises, or of any interest in this Contract, and shall be governed by the laws of the State of California. 13. AUDIT COSTS: Contractor shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Contractor is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this Contract. 14. PRECEDENCE: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This Contract may not be modified except by written amendment executed by each party. 16. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Contractor: Insert Name of Contractor Title of Contact Address City, State Zip Code City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 /II 1/1 Signature Page to Follow Attachme fTt1'\J o. 3 9-36 2008/2009 ESG Contract Page 8 of 9 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA David R. Garcia City Manager, City of Chula Vista APPROVED AS TO FORM Ann Moore City Attorney ATTEST City Clerk (INSERT NAME OF CONTRACTOR) INSERT NAME AND TITLE Attachme rrr-No. 3 9-37 2008/2009 ESG Contract Page 9 of 9 ATTACHMENT A SCOPE OF WORK INSERT CONTRACTOR'S NAME INSERT PROJECT NAME The Contractor shall provide services to the homeless in accordance with City of Chula Vista's approved application to the U.S. Department of Housing and Urban Development (HUD) for Emergency Shelter Grant Funding. ESG funds will be used for (Insert Activities) A. SERVICES: . Contractor will operate the project in accordance with the Contractor's Policies and Procedures Manual for Fiscal Year 2008-2009. Performance Measurement: The transitional housing facility will serve approximately 90 extremely low-income homeless individuals and families. Provide mental health counseling, trauma related services, assistance in finding housing and substance abuse services. Objective 1. INSERT OBJECTIVE Objective 2. By June 30, 2009, INSERT OBJECTIVE Essential Services: (INSERT) Operations: (INSERT) Data Collection Contractor shall comply with HUD's standards for participation in a local Homeless Management Information System and the collection and reporting of client-level information. B. DOCUMENTATION OF HOMELESSNESS Maintain adequate documentation of homelessness status to determine the eligibility of persons served by HUD's homeless assistance programs. The documentation shall be obtained by the participant or a third party at the time of the referral, entry, intake, or orientation to the ESG-funded project. A copy of the documentation shall be maintained in the client file. A person is considered homeless only when he/she resides in one of the places described below: . In places not meant for human habilitation, such as cars, parks, sidewalks, abandoned buildings, on the street; . In an emergency shelter; . In transitional or supportive housing for homeless person who originally came from the streets or emergency shj\ltG,[s: h t N 3 f-\llaC men o. 9-38 Attachment "A" . In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; . Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks need to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habilitation; . Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or . Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. C: ESTIMATED BUDGET: Contractor will make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall Contractor be entitled to, or shall funds be reimbursed in excess of, the total compensation described in Paragraph NO.3 (COMPENSATION SECTION) of this Contract. Essential Services Costs (24 CFR 576.3): Total Essential Services $XXXX.XX Operational Costs (24 CFR 576.21 (a) (3): Total Operations $XXXX.XX TOTAL 2008-2009: $XXXXX.XX Attachment NO.3 9-39 Attachment "A" D. CONFIDENTIALITY Contractor agrees to maintain confidentiality of any information regarding applicants, project participants or their families, which may be obtained through application forms, interviews, tests, reports, or any other source. However, it is agreed that the Contractor or Contractor's agency may release information or provide access to applicants, project participants, or their families to their own respective records in the following circumstances: 1) a release of information or other written consent is obtained from the applicant or project participant; and 2) the information is only provided to the City of Chula Vista or other appropriate service providers where said provider was the referral agent to the program. Such information shall be divulged for purposes related to the best interest of the participant, the audit, and evaluation of the Contract, and then only to persons having responsibilities under the Contract. The federal regulation at 24 CFR 576.56 (a)(2) describes this requirement. Attachment No.3 9-40 Attachment "A" cnv OF CHULA VISTA ATTACHMENT B #1 INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: (Including operations. products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate Hmit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee Deducfibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self- insured retentions as they pertgln.t~ the pty, its officer~, p!!iciql~, employees and volunteers.; or the Contractor will provide <Ptft8Gf11tiflefiltel)l:@tadJry to the City guaranteeing Attochment "S" 9-41 payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation pOlicies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the contractor including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 20 10 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products / Completed Operations coverage. 2. The contractor's insurance coverage must be primary insurance as it pertains to the City. its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior wriHen notice to the City by certified mail. return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. Acceptability of Insurers Insurance is to be placed with licensed insurers admiHed to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESU) with a current A.M. Best's rating of no less than A X. Exception may be made forthe State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Attachment No.3 9-42 Attachment "B" Subcontractors Contractor must include 0[1 subcontractors as insureds under its policies or furnish separatl certificates and endorsements for each subcontractor. A[I coverage for subcontractors are subjec to all of the requirements included in these specifications. Attachment No.3 9-43 Attachment "B" ATTACHMENT "C" (Continued)" ESG FUNDED PROJECTS Your cooperation in filling out this form is requested. Record keeping on income oi participants in the program is a condition of receipt of federal funds for the program. The information provided on this form will remail confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of raCl and ethnicity is voluntary. 1. What is the total number of persons in your househoid? 2. What is the total combined annual income of all members of your household? (Please check one line below.) Extremely Low Income below based on family size: (1) $16,660 (2) $18.950 (3) $2L350 (4) $23,700 (5) $25,600 (6) $27,500 (7) $29,400 (8) $3L300 Very Low Income below based on family size: (1) 27,650 (2) $31,600 (3) $35,550 (4) $39,500 (5) $42,650 (6) $45,800 (7) $49,000 (8) $52,150 Low Income below based on family size: (1) $44,250 (2) $50,550 (3) $56,900 (4) $63,200 (5) $68,250 (6) $73,300 (7) $78,350' (8) $83,400 (NOTE: The above information is for 2008 and changes each calendar year. To obtain updated information go to htta:/ /www.huduser.ora/datasets/il.htmland search for income limits for the San Diego area.) 3. Please check the box below that best describes vour familv. RACE CATEGORIES HISPANIC/ ETHNICITY Check One Race Category Only Check Only If A/so Hispanic White . Black/African American Asian . American Indian/Alaska Native Native Hawaiian/ Other Pacific Islander Multi Racial: American Indian/Alaska Native AND White Asian AND White Asian AND Pacific Islander Black/African American AND White American Indian/Alaska Native AND Black/African American Other Multi-Racial Name: (Print) Household Address: Telephone Number: Signature: Note: Name, address, telephone and signature are optional. An unique identifier may be used to trace client served\ to meet CDBG limited clientele requirement. Attachment NO.3 9-44 Attachment "C" Attachment "0"- Disclosure Statement This has been provided by you and is currently on file with the Redevelopment & Housing Attachment No.3 9-45 ATTACHMENT "C" HUD INCOME LIMITS 2008-CITY OF CHULA VISTA 44,250.00 27,650.00 16,600.00 2 50,550.00 31,600.00 18,950.00 3 56,900.00 35,550.00 21,350.00 4 63,200.00 39,500.00 23,700.00 5 68,250.00 42,650.00 25,600.00 6 73,300.00 45,800.00 27,500.00 7 78,350.00 49,000.00 29,400.00 8 83,400.00 $ 52,150.00 31,300.00 Attachment No.3 9-46 Attachment "e" Application for Federal Assistance SF-424 Version 02 "1. Type of Submission: "2. Type of Application " If Revision, select appropriate letter(s) 0 Preapplication 181 New 181 Application 0 Continuation "Other (Specify) 0 Changed/Corrected Application o Revision 3. Date Received: 4. Applicant Identifier. Sa. Federal Entity Identifier. "5b. Federal Award Identifier: B-08-MC-06-0563 State Use Only: 6. Date Received by State: 17. Slate Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: City Of Chula Vista "b. EmployerlTaxpayer Identification Number (EINITIN): "c. Organizational DUNS: 95-6000690 078-276551 d, Address: "Street 1: 276 Fourth Avenue Street 2: "City: Chula Vista County: San Dieoo "State: California Province: .Country: United States "Zip I Postal Code 91910 e. Organizational Unit: Department Name: Division Name: Redevelopment and Housing f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs. *First Name: Anaelica Middle Name: nla *Last Name: Davis Suffix: nJa TiUe: Project Coordinator U Organizational Affiliation: *T eiephone Number. 619-691-5036 Fax Number. 619-476-5310 *Email: actavis@ci.chula-vista.ca.us or-vrn Number: 404()..OOO4 Expimtion Dllle: 0 l/3112009 Attachment No.4 9-47 OtviB Number: 4040-0004 E.'tpirnrion D.ue: 0113112009 Application for Federal Assistance SF-424 Version 02 '9. Type of Applicant 1: Select Applicant Type: C. City or ToWnship Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) '10 Name of Federal Agency: Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-21B CFDA Title: Community Develcoment Block Grant '12 Funding Opportunity Number: *Title: 13. Competition Identification Number Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City-wide *15. Descriptive Title of Applicant's Project FY 2008~09 CDBG one-year plan to provide fundlng for eligible project/programs to primarily benefit low/moderate income persons. 9-48 OMB Number: 404Q..o004 Expiration Date: 0113112009 Appfication for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: "a. Applicant: 51" "b. ProgramlProject: 51" 17. Proposed Project: "a. Start Date: July 1. 2008 "b. End Date: June 30, 2009 18. Estimated Funding ($): "a. Federal $1.973.771 "b. Applicant "c. State "d. Local "e. Other *f. Program Income "g. TOTAL $1,973,771 "19. is Application Subject to Review By Stale Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on _ D b. Program is subject to E.O. 12372 but has not been selected by the State for review. I2J c. Program is not covered by E. O. 12372 "20. Is the Applicant Delinquent On Any Federal Debt? (If IIYes", provide explanation.) D Ves I2J No 21. "By signing this application. I certify (1) to the statements contained in the list of certifications" and (2) that the stetements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances- and agree to comply with any resulting terms jf I accept an award. I am aware that any false, fictitious, or fraudulent statements Dr claims may subject me to criminal, civn, or administrative penalties. (U. S. Code, Title 218. Section 1001) I2J .. [ AGREE .... The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions . Authorized Representative: Prefix: Mr. "First Name: David Middle Name: R. "Last Name: Garda Suffix: .TItle: *Telephone Number: 619-691-5036 I F ax Number. 619-476-5310 * Email: dgarcia@ci.chula~vista.ca.us "Signature of Authorized Representative: I "Date Signed: 05/06/08 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by ONlB Circular A-102 9-49 Application for Federal Assistance SF-424 Version 02 '1. Type of Submission: '2. Type of Application ' If Revision, seleel appropriate letter(s) 0 Preapplication 181 New 181 Application 0 Continuation 'Other (Specify) 0 Changed/Correcled Application o Revision 3. Date Received: 4. Applicant Identifier. Sa. Federal Entity identifier: '5b. Federal Award identifier: M-08-MC-06-0505 State Use Only: 6. Date Received by State: I 7. State Application identifier. B. APPLICANT INFORMATION: 'a. legal Name: City Of Chula Vista 'b. Employerrraxpayer Identification Number (EINrrlN): 'c. Organizational DUNS: 95-6000690 078-276551 d. Address: 'Street 1: 276 Fourth Avenue Streat2: 'City: Chula Vista County: San Dieco 'State: California Province: .Country: United States 'Zip I Postal Code 91910 e. Organizational Unit: Department Name: Division Name: Redevelopment and Housing f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs. "'Rrst Name: Anaeiica Middle Name: nla "'Last Name: Davis Suffix: nla Title: Project Coordinator II Organizational Affiliation: 'Telephone Number. 619-691-5036 Fax Number: 619-476-5310 'Emaii: adavis@ci.chula-vista.ca.u5 OMB Number: 4040-0004 E:>,:piration Dale: 01/3112009 9-50 OMS Number: 4040-0004 E.wiration Dnte; 0113112009 Application for Federal Assistance SF-424 Version 02 - "9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: "Other (Specify) -10 Name of Federal Agency: Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number. 14-239 CFDA Title: Home Ivestments Partnershio Acts (HOME) "12 Funding Opportunity Number. "Title: 13. CompetitIon Identification Number. Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): -15. Descriptive Title of Applicant's Project FY 2008-09 HOME one-year plan to provide funding to address local housing needs. 9-51 OMB Number: 4040~0004 Expiration Date: 01131/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: "a. Applicant: 51" ....b. ProgramlProject 51 SI 17. Proposed Project "a. Slart Dale: Juiy 1, 2008 "b. End Date: June 30, 2009 18. Estimated Funding ($): "a. Federal $899,494 "b. Applicanl "c. Slate "d. Local "e. Other $7,048 '"f. Program Income "g. TOTAL $906,542 "'19. Is Application Subject to Review By State Under Executive Order 12372 Process? 0 a. This application was made available to the State under the Executive Order 12372 Process for review on_ 0 b. Program Is subject to E.O. 12372 bul has nol been selected by the State for review. tzI c. Program is not covered by E. 0.12372 "20. Is the Applicant Delinquent On Any Federal Debt? (If uYes"l provide explanation.) o Ves tzI No 21. "By signing this application, i certify (1) to the stalements contained in the list of certifications- and (2) that the statements herein are true, complete and accurate to the best of my k.nowledge. I also provide the required assurances"'" and agree to comply with any resulting tenns if t accept an award. I am aware that any faise, fictitious, or fraudulent statements or claims may subject me 10 criminal. civil, or administrative penalties. (U. S. Code, Trtle 218, Secllon 1001) tzI "" I AGREE *'" The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. "'First Name: David Middle Name: R. "'Last Name: Garrcia Suffix: "l1t1e: City Manager '"Telephone Number. 619-691-5036 I Fax Number. 619-476-5310 .. Email: dgarcia@ci.chula-vista.ca.us "Signature of Autholized Representative: I "Dale Signed: 05/06/08 Authorized for Local Reproduction Standard Form 424 (Revised J 0/2005) Prescribed by OMS Circular A-I02 9-52 Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: "2. Type of Application " If Revision, select eppropriete lelter(s) 0 Preepplication I8l New I8l Application 0 Continuation "Other (Specify) 0 ChangecllCorrected Application o Revision 3. Date Received: 4. Applicant identifier: Sa. Federal Entity Ideniifier. "5b. Federal Award Identifier. S-08-MC-06-0540 State Use Only: 6. Date Received by State: I 7. State Application Identifier: 8, APPLICANT INFORMATION: "a. Legal Name: City Of Chula Vista "b. EmployerfTaxpayer Identification Number (EINfTlN): "c. Organizational DUNS: 95-6000690 078-276551 d. Address: "Street 1: 276 Fourth Avenue Street 2: "City: Chula Vista County: San Dieoo "State: Cafifomia Province: "'Country: United States "Zip I Postal Code 91910 e. Organizational Unit: Department Name: Division Name: Redevelopment and Housing. f. Name and contact.information of person to be contacted on matters involving this application: Prefix: Mrs. "'First Name: Anaelica Middle Neme: nla "'Last Name: Davis Suffix: nla Title: Project Coordinator Il Organizational Affiliation: "Telephone Number. 619-691-5036 Fax Number. 619-476-5310 "'Email: adavis@ci.chula~vista.ca.us OlvIB Number: 4040-0004 Expiration Dme; OIl31/2009 9-53 Application for Federal Assistance SF-424 Version 02 "9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2.: Select Applicant Type: Type of Applicant 3: Select Applicant Type: "Other (Specify) "10 Name of Federal Agency: Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-2.31 CFDA Title: Emeraencv Shelter Grant Proaram "12 Funding Opportunity Number. "Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City-wide -15. Descriptive Title of Applicant's Project FY 200812009 one--year plan for the first step in a continuum of assistance to prevent homeJessness and to enaable homeless persons to move toward indipendant living. OMS Number: 4040-0004 Expirntion Date: 01/3112009 9-54 OMB Number. 4040...Q004 EII:piration Date: 0113112009 - Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a. Applicant: 51. *b. ProgramlProject: 51 s: 17. Proposed Project 'a. Start Date: July 1. 2008 'b. End Date: June 30, 2009 18. Estimated Funding ($): .a. Federal $88,169 'b. Applicant 'c. State 'd. Local 'e. Other *f. Program Income 'g. TOTAL $88,169 '19. Is Application Subject to Review 8y State Under Executive Order 12372 Process? 0 a. This appiication was made avallabie to the Slate under the Executive Order 12372 Process for review on_ 0 b. Program is subject to E.O. 12372 but has not been selected by the State for review. [8l c. Program is not covered by E. O. 12372 '20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) DYes [8l No 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications- and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances*'" and agree to comply with any resulting terms if 1 accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminai, civii, or administrative penaities. (U. S. Code, Ti~e 218, Section 1001) [8l - I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. *First Name: David Middle Name: R. 'Last Name: Garcia Suffix: 'Title: City Manager *Telephone Number: 619-691-5036 I Fax Number. 619-476-5310 * EmaH: dgarcia@cLchula-vista.ca.Lls *Signature of Authorized Representative: \- 'Date Signed: 05/06/08 Authorized for Local Reproduction Standard Form 424 (Revised 1012005) Prescribed by OMB Circular A-I 02 9-55 COUNCIL RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008- 2009 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT OF FUNDS FROM THESE PROGRAMS, AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS FOR FEDERAL ASSISTANCE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPROVING THE FISCAL YEAR 2007- 2008 AMENDED ANNUAL ACTION PLAN AND AUTHORIZING THE NECESSARY APPROPRIATIONS TO FUND THE FISCAL YEAR 2007-2008 AMENDED ANNUAL ACTION PLAN WHEREAS, as a Department of Housing and Urban Development (HUD) entitlement community, the City of Chula Vista receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnerships Program (HOME); and WHEREAS, staff has prepared the Fiscal Year 2008-2009 Annual Action Plan per HUD Rules and Regulations; and WHEREAS, the City will receive a Fiscal Year 2008-2009 CDBG entitlement of $1,973,771; a Fiscal Year 2008-2009 HOME entitlement of $906,542; and a Fiscal Year 2008- 2009 ESG entitlement of $88, 169; and WHEREAS, the City has followed its Citizen Participation Plan and held public hearings on housing and community needs on December 4, 2007 and March 11, 2008 at which time public testimony was received and considered by the City Council with respect to the Fiscal Year 2008-2009 Annual Action Plan; and WHEREAS, staff has determined that the proposed activities eligible for CDBG funding meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and WHEREAS, staff has determined that it is necessary and appropriate to fund special activities by certain sub-recipients in order to meet the goals and objectives of the Fiscal Year 2008-2009 Annual Action Plan; and 9-56 Resolution No. Page 2 WHEREAS, staff has determined that the sub-recipients are experienced and staffed in a manner such that they can prepare and deliver the services required by the City; and WHEREAS, in the event that HUD withdraws the City's CDBG funding, the City is not obligated to compensate the sub-recipients for program expenditures; and WHEREAS, on May 1, 2007, pursuant to Resolution No. 2007-099, the City Council approved the Fiscal Year 2007-2008 Annual Action Plan for the CDBG, HOME, and ESG programs; and WHEREAS, it is necessary to amend the Fiscal Year 2007-2008 Annual Action Plan to reallocate unexpended funds to eligible projects. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it: 1. Approves the Fiscal Year 2008-2009 Annual Action Plan for the Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) including set-aside funds for American Dream Downpayment (ADDI), and the Emergency Shelter Grant (ESG) Programs as set forth in the attached Exhibit "A"; 2. Authorizes the City Manager or his designee to execute an Agreement for Management and Implementation for Fiscal Year 2008-2009 between the City of Chula Vista and each of the sub-recipients listed in the attached Exhibit "A" in essentially the form attached to the Agenda Statement as Attachments 2 and 3; 3. Authorizes the City Manager to execute Applications for Federal Assistance SF-424 for the Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) and the Emergency Shelter Grant (ESG) Programs with the Department of Housing and Urban Development (HUD); 4. Approves the Fiscal Year 2007-2008 Amended Annual Action Plan; and 5. Authorizes the necessary appropriations to fund the Fiscal Year 2007-2008 Amended Annual Action Plan. Presented by: Approved as to form by: David R. Garcia City Manager ,~;1 .L~ .~ Ann Moore 7/ . - City Attorney 9-57 EXHIBIT A Contract Ora;l n iza tion/Depa rtme"t Project/Prol!ram Amount South Bay Adult Day Health Care Adult Protective Services Center Transoortation $ 11,000.00 Lutheran Social Services Caring Neighbors - Home Reoair $ 20,000.00 Ecumenical Council of San Diello Interfaith Shelter Network $ 10,350.00 South Bav Community Services Thursdav's Meal $ 10,000.00 Charles I. Cheneweth Foundation Community Access Prollram $ 11,000.00 Chula Vista Veterans Home Suooort Rehabilitation Services $ 3,500.00 South Bav Familv YMCA $ 29,854.00 Chula Vista Beacon Center $ 7,783.00 Chula Vista Bovs and Girls Club Youth Prevention and Diversion $ 14,413.00 Chula Vista Police Athletic Leallue $ 5,000.00 South Bav Community Services $ 39,550.00 Chula Vista Community Collaborative Family Resource Center $ 35,000.00 KidCare Express 11l Mobile Chula Vista Familv Health Center Medical Unit $ 27,000.00 Lutheran Social Services Proiect Hand $ 7,380.00 South Bay Community Services / Family Violence Treatment YMCA Program $ 34,000.00 Chula Vista Familv Health Center HV AC Proiect $ 30,000.00 Regional Task Force on the Regional Task Force on the Homeless Homeless $ 1,000.00 South Bav Community Services Casa Nueva Vida $ 83,769.00 9-58 CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: REVIEWED BY: MAY 06,2008, ItemJQ PUBLIC HEARING TO CONSIDER ACCEPTANCE OF FISCAL YEAR 2006/2007 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $437,890 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND DIRECTING STAFF TO INCLUDE $437,890 IN THE FISCAL YEAR 2009 BUDGET OF THE SLESF GRANT FUND CHIEF OF POLICE ~ \F~ l2.Pt CITY MANAGER /ffJ11J r 4/5THS VOTE: YES D NO ~ ITEM TITLE: SUMMARY The Police Department has been awarded $437,890 in Supplemental Law Enforcement Services Fund grant funds. These funds will be used to offset the Over Hire program in fiscal year 2009. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolution. 10-1 05/0612008, Item~ Page 2 00 BOARDS/COMMISSION RECOMMENDATION The State appropriation requires a Regional Oversight Committee's approval of the funds prior to disbursement. In accordance, the Supplemental Law Enforcement Oversight Committee (SLEOC) was established in San Diego County. The Committee is comprised of the County of San Diego Sheriff, the County of San Diego CAO, the Chula Vista Chief of Police, a regional City Manager and the District Attorney. The Committee will review the City of Chula Vista's expenditure plan upon approval by the Chula Vista City Council. BACKGROUND The Police Department has been awarded $437,890 through the Supplemental Law Enforcement Services Fund (SLESF). These state funds were allocated to the Police Department for purposes required by the Citizens' Option for Public Safety (COPS) Program. Acceptance of these funds requires a public hearing per stipulations of the State COPS Program. During fiscal year 1996/1997, the state appropriated funds for local law enforcement services per AB 3229, Chapter 134, Statutes of 1996. In accordance with this Legislation, the state has appropriated funds annually to local law enforcement agencies. The City of Chula Vista's proportionate share of these funds is $437,890. These funds are to be deposited in the City's Supplemental Law Enforcement Services Fund (SLESF Grant Fund) and used for law enforcement personnel and equipment needs as prescribed by the original legislation (AB 3229). These funds must be used to supplement existing funds and cannot replace, or supplant, funds that have already been appropriated for the same purpose. A twenty-five percent (25%) in-kind contribution is required for these funds. The in-kind contribution will be staff time associated with procurement of equipment and training of personnel. The allocation of future funds is subject to annual state budget deliberations. DISCUSSION The Police Department is planning on utilizing SLESF grant monies to continue the funding of the Over Hire program for FY 2009. OVER HIRE PROGRAM Council Resolution #2006-099 approved the Departments request to increase the number of Over Hire officers from five to ten. This was in response to the critical staffing levels that the Department was experiencing. The Over Hire Program maintains a steady flow of new recruits which in turn significantly minimizes the time between when a sworn position becomes vacant and when it is filled with a fully trained officer. In years past, it has taken up to 18 months to place a fully qualified and trained officer into vacant positions. FUNDING STRATEGY The Department recommends using the entire $437,890 allocation of the 2007 SLESF funds for personnel costs related to funding of the Over Hire Program. Should any funds remain after funding the Over Hire Program, staff recommends utilizing remaining funds to purchase miscellaneous safety equipment and supplies. 10-2 05/06/2008, HemE Page 3 on DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section l8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT There is no net impact to the General Fund in fiscal year 2009. Acceptance of the grant will result in the inclusion of $437,890 in the fiscal year 2009 SLESF Grant Fund budget, which will be used for personnel costs as enumerated above. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 10-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $437,890 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND DIRECTING STAFF TO INCLUDE $437,890 IN THE FY 2009 BUDGET OF THE SLESF GRANT FUND WHEREAS, the Police Department has been awarded $437,890 through the Supplemental Law Enforcement Services Fund; and WHEREAS, these state funds were allocated to the Police Department for purposes required by the Citizen's Option for Public Safety Program; and WHEREAS, the City Council held a public hearing on May 06, 2008, to notice use of the state COPS Supplemental Law Enforcement Services Fund in the amount of$437,890 for personnel costs related to the expansion of police services; and WHEREAS, $437,890 will be included in the FY 2009 SLESF Grant Fund budget upon acceptance of the FY 2009 Police Department budget by the City Council, as a reimbursement from the SLESF grant; and WHEREAS, the funds will be utilized to fund the Departments Over Hire program and any remaining funds are recommended to offset the cost of safety equipment and supplies. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $437,890 from the state COPS Supplemental Law Enforcement Services Fund and directs staff to include $437,890 in the FY 2009 budget of the SLESF Grant Fund. Presented by: Approved as to form by: Richard P. Emerson Police Chief 91M Mitt~.. i / Ann Moore . City Attorney 10-4 .' ~\.A~\..C- ~~~- ~C~V ," When Montgomery was annexed at the end of 1989, according to the Montgomery Specific Plan the retail sales in this area were number 2 per capita of cities in the County-just above Chula Vista. A quote from the plan states that: The amount of territory with a commercial zoning classification greatly exceeds the amount needed to serve the MontgomelY community. Using the standard (~r 2 acres of commercial. service per 1000 population, Montgomery, with a population of 25,000, would require about 50 acres (if commercial service to meet its needs. 771e community has 144 acres actually in commercial use. The commercial activities are, for the most part. modern and thriving. ltfurther states on page 25: Compared to the remainder of the City, the percentage and amount of industrially-zoned land in Montgomery which is actual~y usedfor industrial purposes is velY high. Seventy-one percent or 307 acres, of the industrially- zoned land in Montgomery is being usedfor industrial purposes, whereas in the remainder of the City of Chula Vista, only 30%, or 234 acres, of the industrially zoned land is actually developed with industrial uses. For the most part, the industry in Montgomery appears to be thriving and healthy. The demandjor new industrial sites seems to be increasing while the availability ~~r such sites is decreasing. The industrial district constitutes an employment center, it provides needed goods and services to a heavily populated area, and it provides a significant tax base while requiring a minimum 01 co.~tly public services. This is an acknowledgement of the importance ofajobs housing balance to a healthy economy. Small businesses and cottage industries have been the norm in the Montgomery area for generations. These businesses invest and spend their profits in the community. They require a minimum of public services while providing a tax base and employment center. Many businesses feel that since annexation the city has been doing its best to destroy this balance. It is foolish to drive these businesses out of business. This only makes the city's imbalance of housing and j<.>bs worse. We need these businesses. We need for the Montgomery area to continue to be an employment center. This will not happen if the city continues to allow code enforcement to harass and evict businesses from our area of town for trivial reasons. Financially the city has had a deficit since 2003 because its expenditures exceeded its income. This was hidden from the public by drawing down the 30 million dollar reserve account during the good economic years. Now we are facing the tact that the 29,000 new homes built .,. since 1990 require more services than we can aftord to pay. At least part of this problem can be attributed to the jobs housing imbalance, which was 10% out of balance between 2000-2004. The consultants writing the Otay watershed Management Plan estimate this imbalance will increase to 30% by 2030. Small businesses are the heart and soul of the economy of a city. Unlike with large corporations the profits stay in the city. This makes their multiplier effect much larger than that of an out of town corporations. Someone estimated that the amount of profit a corporation like W ALMART contributes to a city is equivalent to you or I putting 25 cents in the collection plate at church. When the owners and their employees also live in the city nearly all the profit stays here. You need to support small businesses. They add up to a significant amount of money. Code Enforcement should not be allowed to make city policy. No where in this section of code does it say you can order a business closed in 2 weeks. In fact three years seems to be the shortest time limited mentioned. Jurisdiction 1990 2000 2004 I % Change 1990- % Change 2000- 2000 2004 ;ity of Chuta Vista i fatal Population 135,160.' 174,319'. 209,133' i 29% 17% 10% I fatal Housing Un~s 49,846" 59,333" 70,067" I 19% 15% deficit fotal Employment... 60,740 70,540 74,180 16% 5% 2000. I 2004 2010 2020 I 2030 I % Change ~I 2000-2030 Chula Vista Populalion Chuta Vista Housing Units Chuta Vista Em~ men! 63,800 I 20,002 17,808 83,194 27,290 t8,536 116,4301132.847 36,028 40.037 19,629 24,947 1~:~: II~: J ~~;:it 30,740 73 T\,,~ \, (1 (\ lD:~0 , "":~\'-~ lIS, ~ -\ \" t d ~\I \\~_~~~ +0 ~~~\ ~\~, D--\ \'- ~~'<-.~;-c/\, ~~ / "\:C! \;\J Q\~ \\JI-\('\ cu'-.-l M-s. .2 )0 ~C' \,10 ~~ Ueneral Fund Budget bv Category '-' of '-. Page ] 0 f I Historical Budget Surplus/Deficits $10 I t,~ .~I/~. ....'.1 ....". ~-,1(1; ~.1 !f ~ $5 . r'i ,~ 'i '~Ji :,~! ;>:~~- "'. $0 Millions -$5 I;: -$10 > ,. -j . ) ~" -$15 .-" .. . ~ ~ ~ ~ ~ ~ " '.---~-~' ..- , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ...~ ...~ ,"'~ ...~ " ., , ., ., \' ., ~ ~ ~ .;- ~ ~ ~ ~ ~ ~ 1n 2003 the city had a $30 million reserve. The state took money from cities because of its budget problems. The council planned to take this amount from the city's reserves. After that expenditures outpaced revenue and the city began deficit spending using its reserves. [fnothing is done the reserves may be gone by end of year. ,.. . http://www.chulavistaissues.org/GF_Budget_Summary_filcslslideOO]2.htm 4/8/2008 f Table 9. Com arative Anal sis of Retail Sal es ~ Per Cap ta + Loca Sa es se ax er "Capita Per Local Sales Per City Population Retail Sales Capi ta & Use Tax Capita RanI< i ng Lemon Grove 21,798 142,719,000 6,547 1,518,287 (69.65) 1 Montgomery 25,159 154,388,000 6,136 1,642,425 (65.28) 2 Chula Vista 91,166 547,568,000 6,006 5,825,191 (63.89) 3 (Ex-Mont9omery) Sa n tee 49,258 253,114,000 5,138 2,692,702 (54.66 ) 4 Vista 43,450 198,516,000 4,569 2,m,872 (48.68) 5 Poway 39,947 172 ,059 ,000 4,534 1,830,414 (45.82) 6 Oceanside 96,553 419,468,000 4,344 4,462,425 (46.21 ) 7 Imperi a 1 8ch. 24,550 35,203,000 1,434 374,500 (15.25) 8 SOURCE: Cal i fornia State Board of Equal ization, Twenty-Fifth Annual Report - 1985 California, Department of Finance, May-1985-Report 84El -26- .'!J 2. Commercial/Industrial Analysis The amount of territory with a commercial zoning classification greatly exceeds the amount needed to serve the Montgomery community. Using the standard of 2 acres of commercial, service per 1000 population, Montgomery, with a population of 25,000, would require about 50 acres of corrmerci a 1 servi ce to meet its needs. The community has 187 acres classified commercial, with 144 acres actually in commercial use. The remainder is vacant or developed with a non-commercial use (please see Table 6). The commercial activities are, for the most part, modern and thriving. Therefore, it may be parti ally' concl uded that Montgomery is functioning as a commercial service center for a population much larger than is presently contained within the specific plan area. Table 7. Comparative Commercial Zoning Analysis City of Chula Vista/Montgomery Chula Vista Acres % -- Montgomery (2 I Acres %. A. Total Commercial Classified Territory 731 8. Territory Developed with Commercial Uses 461 C. Territory Developed with Non-Commercial Uses 159 O. Vacant Commercial Territory 109 (1) Standard of the Rule-of-Thumb: 100% 63% 22% 15% . 187 100% 108 58% 56 30% 23 J2% " Neighborhood Commercial Community Commercial Regional Commercial Office, Highway, Visitor, Heavy Commercial 0.5 Acres/I ,000 Capita 0.5 Acres/I ,000 Capita 0.4 Acres/I ,000 Capita 0.1 to 0.6 Acres/l,OOO Capita (11 Planning Authorities on the acreage required to provide combined neighborhood and communitf level commercial goods and services to I ,uuu persons 0 tter the to I owl ng fi gures : Gallion & Eisner, The Urban Pattern, 3rd ed. 1.00 Acres/I ,000 persons William H. Claire, Handbook on Urban Planning .92 Acres/I ,000 persons F. Stuart Chapin, Jr., Urban land Use Planning .75 Acres/I ,000 persons Urban land Institute, Shopping Center Development Handbook 1.08 Acres/l,OOO persons Source: (21 Montgomery Estimated Population: 25,159 as of January I, 1986, California Department of Finance. -24- ~ Analysis indicates that approximately 432 acres, or 36%, of the industrially zoned territory in the City of Chula Vista is located in Montgomery (please see Table 7). It is concentrated mostly in the Montgomery subcommunities of Harborside, Otay, and West Fairfield. This has led to the dense concentration of a wide range of industrial uses in a relatively small area. The land use pattern is mixed, which, in some instances, generates adverse economic impacts for both the industrial and non-industrial tenants. Although the mixed land use pattern does have some negative economic aspects, it appears that the posi tive impacts of the industrial area far outweigh the negative. For example, the industrial district constitutes an employment center, it provides needed goods and services to a heavily populated area, and it provides a significant tax base while reqUiring a minimum of costly public services. Table 8. Comparative Industrial Zoning Analysis City of Chu1a Vista/Montgomery Chu1a Vista(1) Net Acres % -- Montgomery(2) Net Acres % -- A. Total Industrial Classified Territory 773 100% 432 100% 8. Territory Developed with Industrial Uses 234 30% 307 71% C. Territory Developed with Non-Industrial Uses 280 36% 35 8% D. Vacant Industrial Territory 259 34% 90 '21't Sources: (1) City of Chu1 a Vista, Land Use and Zoning Analysis, July 1981. (2) Montgomery, Land Use Inventory, July 28, 1986. Compared to the remai nder of the City, the percentage and amount of industrially-zoned land in Montgomery which is actually used for industrial purposes is very high. Seventy-one percent or 307 acres, of the industrially-zoned land in Montgomery is bein9 used for industrial purposes, whereas in the remainder of the City of Chula Vista, only 30't, or 234 acres, of the industrially zoned land is actually developed with industrial uses. For the most part, the industry in Montgomery appears to be thriving and healthy. The demand for new industrial sites seems to be increasing while the availability of such sites is decreasin9. This conclusion is based on recent interviews with industrial site developers, land availability studies, -25- reconstruction prohibited - Exceptions. A nonconfonning use shall not be enlarged, extended, reconstructed, substituted or structurally altered, except in eonformity with the order of a duly constituted authority, unless the use is changed to a use pennitted in the zone in which such building or premises is located, and except as set forth in CVMC 19.64.060 through 19.64.180. (Ord. 1212 S I, 1969; prior code S 33.1102). 19.64.060 Substitution or extension restrictions. A. When authorized in accordance with the provisions herein, a nonconfonning use which is detennined by the commission to be of the same or a more desirable nature may be substituted for another nonconfonniug use. B. Whenever a noneonfonning use has been changed to a conforming use, such use shall not be changed to a noncoufonning use thereafter. C. When authorized by the commission. in accordance with the provisions herein, a building devoted to a nonconfonning use may he enlarged or eompleted upon the same lot or parcel where such completion is necessary and incidental to its use. (Ord. 1212 S I, 1969; prior code * 33.1102(A)). 19.64.070 Cessation of use defined - Time limits. A use shall be deemed to have eeased when it has been discontinued either temporarily or permanently. whether with the intent to abandon said use or no!. A. Cessation of Use of Building Designed for Nonconforming Use. A building or structure which was originally designed for a nonconforming use shall not be put to a nonconforming use again when such use has ceased 12 months or more. B. Cessation of Use of Building Not Designed for Nonconfonning Use. A building or structure which was not originally designed for a nonconfonning use shall not be put to a nonconfonning use again when such use has ceased for six months or more. C. Cessation of Use ofNonconfi.)nning Use of Land. A nonconfonning use of land, not involving any building or structure, except minor structures such as fences, signs and buildings less than 400 square feet in area, shall not be resumed when such use has ceased for six months or more. (Ord. 1212 * I, 1969; prior code * 33.11 02( B)). 19.64.080 Uses subject to mandatory discontinuance. The following nonconfonning uses are illegal and shall be discontinued in Chula Vista after the useful economic value of the principal structures used in said uses has been realized by the owners of such structures: A. All nonconfonning signs, billboards or commercial advertising structures; B. All nonconfonning uses involving no structure or structures of an assessed value of $500.00 or less; 19.64.090 19-182 C. Use pennilted in an I-R or I.L or I zone when noncontonning in any CoN zone: O. Nonconfonning residential uses located in an loR, I-L or! zone. (Ord. 1356 * I, 1971; Ord. 1212 S I, 1969: prior code 933.1102(C)). 19.64.090 Timing of discontinuance- Generally. For detcnnination of the time when such uses must be discontinued, the following tests and procedures are established, as setforthinCVMC 19.64.1 10 through 19.64.160.(Ord.1295S I, 1970;Ord.1212* I, 1969; prior code S33.1 102(0)). 19.64.110 Discontinuance of structures having certain replacement value required - Time limit. Nonconforming ~!ructures having a permit value, or by an appraisal made by the building inspector, of$500.00 or less, shall be abate<t!nthr!'e.years from~e-ofnotifICaiiO!})(Ord. 1212 S I. 1969; prior code * 33.1102(0)(2)). 19.64.120 Removal of other uses and structures required - Notificatiou - Time limits. A. Every nonconfonning building in any of the R zones, except residential buildings, ehurches and schools, which nonconforming building was designed or intended for a use not permitted in the R zone in which it is located, shall be completely removed or altered to structurally conform to the uses pennitted in the zone in which it is located, and the use of such building shall be changed to conform with the uses permitted in the zone in which it is located within tbe times specified in thischapter, upon notice from the planning commission, which time is measured from the date of construction, or from the date of the last transfer oftille prior to July 8, 1969, whichever is the lesser. B. Th~ provisions of this chapter shall also apply to every nonconforming building or use in the industrial zones which is used for, or dcvoted to, any residcntial purpose: bospitals (exccpt emergency hospitals); hotels; institutions or homes for the treatment of convalescent persons, alcoholics, the wounded or mentally infirm; lodging houses; schools; trailers used for human habitation or trailer camps; and which nonconfi}nning building was designed or intended for a use not pennitted in thc [ zone in which it is located. ~ C. In no case where the property is improved by structures requiring a building permit shall this period of time be less than 10 years from date of notification by the planning commission, except as provided in subsection (C)( I) of this section. As used in this section. the designations "Type I building," "Type II building," "Type III building," "Type IV building," and 'Type V building" are employed as defined in the building code: I. Where property is unimproved or is occupied by structures of a type for which the ~Idings()de does not require a building permit, or any trailer park~years-a~t~~!pt ofnotific~.!9R from theJj?hnning comm~ 2. Type IV or Type V buildings (light mcoililJustible Irame anil wood /Tame), 15 years; 3. Type I, Type lI.or Type III buildings (tire resistant, ordinary masonry or heavy timber construction), 25 years. O. Where more than one type of building has been constructed on the property and such buildings are used as a part of the business conducted on the property. the longest period of time permitted before removal is required for any such building by the provisions of this chapter shall apply to all such buildings. E. Where buildings have been constructed on the property at different times, and where the abatement period is measured by the date of construction, the date of removal shall be measured Irom the date of the construction of the building most recently constructed. (Ord. 1212 S I, 1969; prior code S 33.1102(0)(3 )). 19.64.130 Uses not conforming to performance standards - Time limit for conformance. All uses nonconlorming as of July 8. 1969, by reason of noncompliance with performance standards established herein, shall adopt measures necessary to conform there with within five years of July 8, 1969. (Ord. 1212 9 I, 1969; prior code S 33.1102(0)(4)). 19.64.140 Uses without conditional use permit or subject to fence requiremcnts- Time limit for conformance. Any use that is not conducted wholly within an enclosed building as required herein and any use that has fencing requirements shall be considered nonconforming if said use has not complied to the requirements of applying for a conditional use permit or conformed to the lencing regulations as notified within one vear of notifications and shall be abated in three vears from the date of notification. (Ord. 13569 I, 1971; Ord. 1212 * I, 1969; prior code S 33.1102(0)(5)). 19-183 Chula Vista Municipal Code 19.64.190 19.64.150 Nonresidential structures- Replacement restrictions. Any nonresidential nonconforming building damaged more than 60 percent of its value. as established by the director of planning and building, at the time of damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God. shall not be restored or reconstrueted and used as before such happening; but if less than 60 percent damaged, it may be restored, reconstructed or used as before; provided, that such be initiated within six months and be substantially completed within 12 months of such beginning. (Ord. 2790, 1999; Ord. 2760 9 I, 1998; Ord. 2708, 1997; Ord. 2599 9 2, 1994; Ord. 1356 S I, 1971; Ord. 1212 9 I, 1969; prior code 9 33.1102(0)(6)). 19.64.155 Residential- Replacement permitted. Any residential unit which was legally constructed and is nonconfonning with respect to the current zoning and/or density of the property shall be allowed to be reconstructed in the event of any damage or destruction of the existing residential improvements as defined in CVMC 19.64.150; provided, such be initiated within six months and be substantially completed within 12 months of such happening. This allowance shall not apply to industrial-zoned properties. Said reconstruction shall meet all applicable code requirements in place at the time of reconstruction and shall not be built beyond the existing building footprint. (Ord.2708, 1997; Ord. 2599 9 3, 1994). 19.64.160 Modification of provisions permitted when. Requirements prohibiting restoration or reconstruction or requiring discontinuance of nonconforming uses may be modified by the planning commission for dwellings located in any R zone or for buildings nonconforming only on the basis of yard or height requirements. (Ord. 1356 S I, 1971; Ord. 12129 I, 1969; prior code 9 33.1102(0)(7)). 19.64.170 Repair or alter-dtion permitted wben. . Such repairs and maintenance work as required to keep it in sonnd condition may be made to a nonconforming building or structure; provided. no structural alterations shall be made exeept such as are required by law or ordinance or authorized aspermittedhereinbythezoningadministrator.(Ord.1356~ I, 1971;Ord.1212~ I, 1969;priorcode933.II02(E)(I)). 19.64.180 Uses not conforming to setback or height requirements - Alteration or enlargement permittcd when. Any structure that is nonconforming because of setback or height requirements may be altered and/or enlarged by approval of the zoning administrator on the basis that such alteration and/or enlargement shall conform to the regulations herein except as provided for in CVMC 19.22.170. (Ord. 2711 S 2. 1997; Ord. 1356 9 I, 1971; Ord. 1212 9 I, 1969; prior code ~ 33.II02(E)(2)). 19.64.190 Reconstruction permits. A reconstruction penn it may be approved to allow for the reconstruction of a nonresidential nonconfonning structure in the event that such building has been damaged or destroyed by fire, explosion, or act of God. Said permit shall allow for reconstruction consistent with the original configuration of the building with the exception that no reconstruction can take place within the city's current right-of-way. The zoning administrator, in accordance with CVMC 19.14.180 and following a noticed public hearing, may approve a reconstruction pennit based upon the following lindings: A, The nonconformity of the building was not caused by any action of the building owner. B. The granting of the reconstruction penn it will not cause the reconstruction of a building with a nonconfonnity which is or will be materially detrimental or injurious to the neighborhood or public welfare bascd upon factors including, but not limited to, parking, traffic, noise, and incompatible land uses in the immediate surrounding arca. e. The reconstruction does not exceed the existing nonconformity. D. There are specific site constraints affecting the property which would m~ke confonnance with current zoning regulations an undue hardship and burden on the property owner. Such site constraints include, but are not limited to, factors such as minimal street frontage or limited vehicular access to the site. E, The nonconformity allowed by the permit shall only apply to its current use. .said reconstruction penn it shall be conditioned in that any new construction must meet current building and fire codes and not be pennitted within the city right-of way. The director of planning and building may waive certain other current development standards including building setbacks and landscaping regulations based upon hardship and upon the tinding they will not cause a detrimental impact to the surrounding area. (Ord. 2760 S 2, 1998). 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instruments, devices and componcnts; C. Wholcsale businesses, storage and warehousing; D. Laboratories; research, experimental, film, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; Chapter 19.46 1- GENERAL INDUSTRIAL ZONE 19.46.010 Purpose. The purpose of the I zone is to encourage sound industrial development by providing and protecting an environment exclusively for such development, su~ject to regulations necessary to insure the purity of the airs and waters in Chula Vista and San Diego County, and the protection of nearby residential, commercial and industrial uses of the land from hazards and noise or other disturbances. (Ord. 1281 S I, 1970; Ord. 1212 S I, 1969; prior code S 33.514(A)). 19.46.020 Permitted uses. Permitted uses in an I zone arc as follows: A. Any manufacturing, processing, assembling, research, wholesale, or storage uses except as hereinafter modified; B. Automobile and metal appliance manufacturing and assembly, structural steel fabricating shops and machine shops; C. Brick or pottery manufacturing and stone or monument works; D. Trucking yards, terminals, and distributing operations; E. Electrical generating plants and liquefied natural gas plants; F. Temporary tract signs, subject to the provisions ofCVMC 19.58.320 and 19.60.470;* NON CONFORM[NG USES [9.64.010 Declaration of policy. Many nonconforming uses within the city are detrimental to the orderly development of the city and adverse to the general welfare of persons and property, in that said nonconforming uses constitute a special benetit or monopoly. In conformance with good zoning practices, it is the policy of the city that nonconforming uses shall be eliminated as soon as it is economically feasible and equitable to do so. (Ord. 1212 S I, 1969; prior code S 33.110 I (A)). 19-181 Chula Vista Municipal Code 19.64.080 19.64.020 Continuance of existing uses. Except as hereinafter specified, any use, building or structure existing as of July 8, 1969, may be continued, even though such use, building or structure may not conform with the provisions contained herein for the zone in which it is located; provided, however, that this scction does not apply to any use, building or structurc established in violation of any zoning ordinance previously in effect in Chula Vista, unless said use, building or structure now conforms with the provisions herein. Except as otherwise provided by law, nothing in this title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. (Ord. 1212 S I, 1969; prior code S 33.1101(8)). 19.64.030 Completion of construction started prior to certain date. A building, structure or part thereof which does not conform to the regulations for the zone in which it is situated. but for which a building permit was issued and construction started prior to July 8, 1969, may be completed in accordance with such plans, providing the work is prosecuted continuously and without delay. Such building shall be deemed to be a noncont(lrming use and shall thereafter be subject to the regulations set forth herein. (Ord. 1212 S 1, 1969; prior code S 33.1 10 I (C)). 19.64.040 Existing conditional uses to be considered nonconforming when. Any use legally existing as of July 8, 1969, which is listed as a conditional use in the zone wherein located. shall be and remain a nonconfonning use until a conditional use permit is obtained as provided in this title. (Ord. 1212 * I, 1969; prior code S 33.1101(D)). 19.64.050 Enlargement, extension or My name is Dave Davis. I am a Chula Vista resident. I ask the .city to help our small businesses if there is any trouble like this apparently inadvertent code infraction by one of our used car dealers, reportedly on Main Street. Our very small businesses are essential to the lifeblood of our city. Many surely help to form an essential, general foundation for other, larger businesses, and potential new businesses to come. Abruptly and uncompromisingly forcing this used car dealer and others out of business in an incomprehensible refusal to HELP them, instead of destroying them, sends a loud, far-reaching signal to other potential business start-ups. That message to them all is this: avoid Chula Vista. Such a horrible city reputation, once it spreads everywhere, will be extremely hard to repair. City governments years, even decades, from now will be hindered by it, as will all the citizens of Chula Vista. In addition, giving business people only two week's notice to terminate their livelihood is brutally unfair, aggravating the image of inflexibility and lack of foresight, which is to say, bad government. Please reconsider your. policy about these matters. Thank you. - Dave Davis ~~. 6/tfi~ I